108TH CONGRESS

2D SESSION H. R. 3550

AN ACT

To authorize funds for Federal-aid highways, highfor other purposes. way safety programs, and transit programs, and

108TH CONGRESS

2D SESSION H. R. 3550

AN ACT

To authorize funds for Federal-aid highways, highway safety

programs, and transit programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE, TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Transportation Equity Act: A Legacy for Users’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 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. Temporary traffic control devices.

Sec. 1107. Revenue aligned budget authority.

Sec. 1108. Emergency relief.

Sec. 1109. Surface transportation program.

Sec. 1110. Highway use tax evasion projects.

Sec. 1111. Appalachian development highway system.

Sec. 1112. Construction of ferry boats and ferry terminal facilities.

Sec. 1113. Interstate maintenance discretionary.

Sec. 1114. Highway bridge.

Sec. 1115. Transportation and community and system preservation program.

Sec. 1116. Deployment of magnetic levitation transportation projects.

Sec. 1117. Recreational trails.

Sec. 1118. Federal lands Highways.

Sec. 1119. Conservation measures.

Sec. 1120. Pedestrian and cyclist equity.

Sec. 1121. National commissions.

Sec. 1122. Adjustments for the Surface Transportation Extension Act of 2003.

Sec. 1123. Roadway safety.

Sec. 1124. 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 responsibility for certain programs and projects.

Sec. 1208. Repeal.

Sec. 1209. Congestion pricing pilot program.

Subtitle C—Mobility and Efficiency
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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. FAST fees.

Sec. 1604. Toll feasibility.

Sec. 1605. Use of excess funds.

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.
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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. Sense of Congress.

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. Safety data.

Sec. 2009. Motorcyclist safety.

Sec. 2010. Driver fatigue.

Sec. 2011. Drug impaired driving enforcement.

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.
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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. Obligation ceiling.

Sec. 3043. Adjustments for the Surface Transportation Extension Act of 2004.

Sec. 3044. Cooperative procurement.

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 or broker 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.

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.
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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. Hours of service rules for operators providing transportation to

movie production sites.

Sec. 4133. Technical corrections.

Sec. 4134. Operators of vehicles transporting agricultural commodities and

farm supplies.

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. Penalties 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.

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.

Subtitle C—University Transportation Research; Scholarship Opportunities
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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.

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.

TITLE VI—TRANSPORTATION PLANNING AND PROJECT

DELIVERY

Sec. 6001. Transportation planning.

Sec. 6002. Efficient environmental reviews for project decisionmaking.

Sec. 6003. Policy on historic sites.

Sec. 6004. Exemption of interstate system.

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.
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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. Discretionary spending limits for the highway and mass transit categories.

Sec. 8002. Adjustments to align highway spending with revenues.

Sec. 8003. Level of obligation limitations.

Sec. 8004. Enforcement of guarantee.

Sec. 8005. Transfer of Federal transit administrative expenses.

TITLE IX—TAX PROVISIONS

Sec. 9000. Short title, etc.

Subtitle A—Highway Trust Fund Extension

Sec. 9101. Extension of highway-related taxes and trust fund.

Subtitle B—Restructuring of Incentives for Alcohol Fuels, Etc.

Sec. 9201. Reduced rates of tax on gasohol replaced with excise tax credit; repeal of other alcohol-based fuel incentives; etc.

Sec. 9202. Alcohol fuel subsidies borne by general fund.

Subtitle C—Reduction of Fuel Tax Evasion

Sec. 9301. Exemption from certain excise taxes for mobile machinery.

Sec. 9302. Taxation of aviation-grade kerosene.

Sec. 9303. Dye injection equipment.

Sec. 9304. Authority to inspect on-site records.

Sec. 9305. Registration of pipeline or vessel operators required for exemption

of bulk transfers to registered terminals or refineries.

Sec. 9306. Display of registration.

Sec. 9307. Penalties for failure to register and failure to report.

Sec. 9308. Collection from customs bond where importer not registered.

Sec. 9309. Modifications of tax on use of certain vehicles.

Sec. 9310. Modification of ultimate vendor refund claims with respect to farming.

Sec. 9311. Dedication of revenues from certain penalties to the Highway Trust

Fund.

Subtitle D—Other Excise Tax Provisions

Sec. 9401. Taxable fuel refunds for certain ultimate vendors.

Sec. 9402. Two-party exchanges.

Sec. 9403. Simplification of tax on tires.

Subtitle E—Small Business Expensing
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Sec. 9501. 2-year extension of increased expensing for small business.

Subtitle F—Alternative Minimum Tax Relief

Sec. 9601. Net operating losses and foreign tax credit under alternative minimum tax.

Sec. 9602. Expansion of exemption from alternative minimum tax for small

corporations.

Sec. 9603. Income averaging for farmers not to increase alternative minimum

tax.

TITLE X—RAIL PROVISIONS

Sec. 10001. High-speed rail corridor development.

Sec. 10002. Alaska railroad.

1 TITLE I—FEDERAL-AID

2 HIGHWAYS

3 Subtitle A—Authorization of

4 Programs

5 SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS.

6 (a) IN GENERAL.—The following sums are author7 ized to be appropriated from the Highway Trust Fund

8 (other than the Mass Transit Account):

9 (1) INTERSTATE MAINTENANCE PROGRAM.—

10 For the Interstate maintenance program under sec11 tion 119 of title 23, United States Code,

12 $4,323,076,000 for fiscal year 2004,

13 $4,431,153,000 for fiscal year 2005,

14 $4,541,932,000 for fiscal year, 2006,

15 $4,655,480,000 for fiscal year 2007,

16 $4,771,867,000 for fiscal year 2008, and

17 $4,891,164,000 for fiscal year 2009.

18 (2) NATIONAL HIGHWAY SYSTEM.—For the Na19 tional Highway System under section 103 of that
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1 title, $5,187,691,000 for fiscal year 2004,

2 $5,317,383,000 for fiscal year 2005,

3 $5,450,318,000 for fiscal year 2006,

4 $5,586,576,000 for fiscal year 2007,

5 $5,726,240,000 for fiscal year 2008, and

6 $5,869,396,000 for fiscal year 2009.

7 (3) BRIDGE PROGRAM.—For the bridge pro8 gram under section 144 of that title,

9 $3,709,440,000 for fiscal year 2004,

10 $3,802,176,000 for fiscal year 2005,

11 $3,897,231,000 for fiscal year 2006,

12 $3,994,661,000 for fiscal year 2007,

13 $4,094,528,000 for fiscal year 2008, and

14 $4,196,891,000 for fiscal year 2009.

15 (4) HIGHWAY SAFETY IMPROVEMENT PRO16 GRAM.—For the highway safety improvement pro17 gram under sections 130 and 152 of that title, $0

18 for fiscal year 2004, $630,000,000 for fiscal year

19 2005, $645,000,000 for fiscal year 2006,

20 $660,000,000 for fiscal year 2007, $680,000,000 for

21 fiscal year 2008, and $695,000,000 for fiscal year

2009. Of such funds 1 22 ⁄3 per fiscal year shall be available to carry out section 130 and 2 23 ⁄3 shall be avail24 able to carry out section 152.
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1 (5) SURFACE TRANSPORTATION PROGRAM.—

2 For the surface transportation program under sec3 tion 133 of that title, $6,052,306,000 for fiscal year

4 2004, $6,203,614,000 for fiscal year 2005,

5 $6,358,704,000 for fiscal year 2006,

6 $6,517,672,000 for fiscal year 2007,

7 $6,680,614,000 for fiscal year 2008, and

8 $6,847,629,000 for fiscal year 2009.

9 (6) CONGESTION MITIGATION AND AIR QUALITY

10 IMPROVEMENT PROGRAM.—For the congestion miti11 gation and air quality improvement program under

12 section 149 of that title, $1,469,846,000 for fiscal

13 year 2004, $1,506,592,000 for fiscal year 2005,

14 $1,544,257,000 for fiscal year 2006,

15 $1,582,863,000 for fiscal year 2007,

16 $1,622,435,000 for fiscal year 2008, and

17 $1,662,996,000 for fiscal year 2009.

18 (7) APPALACHIAN DEVELOPMENT HIGHWAY

19 SYSTEM PROGRAM.—For the Appalachian develop20 ment highway system program under section 14501

21 of title 40, United States Code, $460,000,000 for

22 fiscal year 2004 and $470,000,000 for each of fiscal

23 years 2005 through 2009.

24 (8) RECREATIONAL TRAILS PROGRAM.—For the

25 recreational trails program under section 206 of title
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1 23, United States Code, $53,000,000 for fiscal year

2 2004, $70,000,000 for fiscal year 2005,

3 $80,000,000 for fiscal year 2006, $90,000,000 for

4 fiscal year 2007, $100,000,000 for fiscal year 2008,

5 and $110,000,000 for fiscal year 2009.

6 (9) FEDERAL LANDS HIGHWAYS PROGRAM.—

7 (A) INDIAN RESERVATION ROADS.—For

8 Indian reservation roads under section 204 of

9 title 23, United States Code, $325,000,000 for

10 fiscal year 2004, $365,000,000 for fiscal year

11 2005, $390,000,000 for fiscal year 2006,

12 $395,000,000 for fiscal year 2007,

13 $420,000,000 for fiscal year 2008, and

14 $420,000,000 for fiscal year 2009.

15 (B) PARK ROADS AND PARKWAYS.—For

16 park roads and parkways roads under section

17 204 of that title, $170,000,000 for fiscal year

18 2004, $185,000,000 for fiscal year 2005,

19 $200,000,000 for fiscal year 2006,

20 $215,000,000 for fiscal year 2007,

21 $225,000,000 for fiscal year 2008, and

22 $225,000,000 for fiscal year 2009.

23 (C) PUBLIC LANDS HIGHWAY.—For public

24 lands highway under section 204 of that title,

25 $250,000,000 for fiscal year 2004,
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1 $260,000,000 for fiscal year 2005,

2 $280,000,000 for fiscal year 2006,

3 $280,000,000 for fiscal year 2007,

4 $290,000,000 for fiscal year 2008, and

5 $300,000,000 for fiscal year 2009.

6 (D) REFUGE ROADS.—For refuge roads

7 under section 204 of that title, $20,000,000 for

8 each of fiscal years 2004 through 2009.

9 (10) NATIONAL CORRIDOR INFRASTRUCTURE

10 IMPROVEMENT PROGRAM.—For the national corridor

11 infrastructure improvement program under section

12 1301 of this title, $333,333,000 for fiscal year 2004,

13 $600,000,000 for fiscal year 2005, $600,000,000 for

14 fiscal year 2006, $600,000,000 for fiscal year 2007,

15 $600,000,000 for fiscal year 2008, and

16 $600,000,000 for fiscal year 2009.

17 (11) COORDINATED BORDER INFRASTRUCTURE

18 PROGRAM.—For the coordinated border infrastruc19 ture program under section 1302 of this title,

20 $105,000,000 for fiscal year 2004, $200,000,000 for

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

22 $200,000,000 for fiscal year 2007, $200,000,000 for

23 fiscal year 2008, and $225,000,000 for fiscal year

24 2009.
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1 (12) PROJECTS OFNATIONAL AND REGIONAL

2 SIGNIFICANCE PROGRAM.—For the projects of na3 tional and regional significance program under sec4 tion 1304 of this title, $600,000,000 for fiscal year

5 2004, $1,100,000,000 for fiscal year 2005,

6 $1,100,000,000 for fiscal year 2006,

7 $1,200,000,000 for fiscal year 2007,

8 $1,300,000,000 for fiscal year 2008, and

9 $1,300,000,000 for fiscal year 2009.

10 (13) CONSTRUCTION OFFERRY BOATS AND

11 FERRY TERMINAL FACILITIES.—For construction of

12 ferry boats and ferry terminal facilities under sec13 tion 165 of title 23, United States Code,

14 $60,000,000 for fiscal year 2004, $70,000,000 for

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

16 $75,000,000 for fiscal year 2007, $75,000,000 for

17 fiscal year 2008, and $75,000,000 for fiscal year

18 2009.

19 (14) NATIONAL SCENIC BYWAYS PROGRAM.—

20 For the national scenic byways program under sec21 tion 162 of title 23, United States Code,

22 $30,000,000 for fiscal year 2004, $40,000,000 for

23 fiscal year 2005, $45,000,000 for fiscal year 2006,

24 $55,000,000 for fiscal year 2007, $55,000,000 for
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1 fiscal year 2008, and $60,000,000 for fiscal year

2 2009.

3 (15) CONGESTION PRICING PILOT PROGRAM.—

4 For the congestion pricing pilot program under sec5 tion 1209 of this title, $15,000,000 for fiscal year

6 2004, $15,000,000 for fiscal year 2005,

7 $15,000,000 for fiscal year 2006, $15,000,000 for

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

9 and $15,000,000 for fiscal year 2009.

10 (16) DEPLOYMENT OF 511 TRAVELER INFOR11 MATION PROGRAM.—For the 511 traveler informa12 tion program under section 1204(c)(7) of this title,

13 $6,000,000 for each of fiscal years 2004 through

14 2009.

15 (17) HIGH PRIORITY PROJECTS PROGRAM.—

16 For the high priority projects program under section

17 117 of title 23, United States Code, $2,176,042,000

18 for fiscal year 2004, $2,061,242,000 for fiscal year

19 2005, $1,809,342,000 for fiscal year 2006,

20 $1,708,042,000 for fiscal year 2007,

21 $1,757,242,000 for fiscal year 2008, and

22 $1,615,242,000 for fiscal year 2009.

23 (18) FREIGHT INTERMODAL CONNECTOR PRO24 GRAM.—For the freight intermodal connector pro25 gram under section 1303 of this title, $115,000,000
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1 for fiscal year 2004, $250,000,000 for fiscal year

2 2005, $250,000,000 for fiscal year 2006,

3 $250,000,000 for fiscal year 2007, $250,000,000 for

4 fiscal year 2008, and $250,000,000 for fiscal year

5 2009.

6 (19) HIGH RISK RURAL ROAD SAFETY IM7 PROVEMENT PROGRAM.—For the high risk rural

8 road safety improvement program under section

9 1403 of this title, $85,000,000 for fiscal year 2004,

10 $105,000,000 for fiscal year 2005, $110,000,000 for

11 fiscal year 2006, $120,000,000 for fiscal year 2007,

12 $125,000,000 for fiscal year 2008, and

13 $130,000,000 for fiscal year 2009.

14 (20) HIGHWAY USE TAX EVASION PROGRAM.—

15 For highway use tax evasion projects under section

16 143 of title 23, United States Code, $12,000,000 for

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

18 $30,000,000 for fiscal year 2006, $20,000,000 for

19 fiscal year 2007, $10,000,000 for fiscal year 2008,

20 and $7,000,000 for fiscal year 2009.

21 (21) PEDESTRIAN AND CYCLIST EQUITY.—

22 (A) SAFE ROUTES TO SCHOOL PROGRAM.—

23 For the safe routes to school program under

24 section 1120(a) of this title, $125,000,000 for

25 fiscal year 2004, $150,000,000 for fiscal year
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1 2005, $175,000,000 for fiscal year 2006,

2 $175,000,000 for fiscal year 2007,

3 $175,000,000 for fiscal year 2008, and

4 $200,000,000 for fiscal year 2009.

5 (B) NONMOTORIZED PILOT PROGRAM.—

6 For the nonmotorized pilot program under sec7 tion 1120(b) of this title, $20,000,000 for fiscal

8 year 2004 and $25,000,000 for each of fiscal

9 years 2005 through 2009.

10 (22) DEDICATED TRUCK LANES.—For dedi11 cated truck lanes under section 1305 of this title,

12 $80,000,000 for fiscal year 2004 ,$165,000,000 for

13 each of fiscal years 2005 through 2008, and

14 $170,000,000 for fiscal year 2009.

15 (23) HIGHWAYS FOR LIFE PROGRAM.—For the

16 highways for life program under section 1504 of this

17 title, $40,000,000 for fiscal year 2004, $55,000,000

18 for fiscal year 2005, and $60,000,000 for each of

19 fiscal years 2006 through 2009.

20 (24) COMMONWEALTH OFPUERTO RICO HIGH21 WAY PROGRAM.—For the Commonwealth of Puerto

22 Rico highway program under section 1214(r) of the

23 Transportation Equity Act for the 21st Century

24 (112 Stat. 209), $115,000,000 for fiscal year 2004,

25 $125,000,000 for fiscal year 2005, $130,000,000 for
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1 fiscal year 2006, $130,000,000 for fiscal year 2007,

2 $140,000,000 for fiscal year 2008, and

3 $140,000,000 for fiscal year 2009.

4 (b) DISADVANTAGED BUSINESS ENTERPRISES.—

5 (1) GENERAL RULE.—Except to the extent that

6 the Secretary determines otherwise, not less than 10

7 percent of the amounts made available for any pro8 gram under titles I, III, and V of this Act and sec9 tion 403 of title 23, United States Code, shall be ex10 pended with small business concerns owned and con11 trolled by socially and economically disadvantaged

12 individuals.

13 (2) DEFINITIONS.—In this subsection, the fol14 lowing definitions apply:

15 (A) SMALL BUSINESS CONCERN.—The

16 term ‘‘small business concern’’ has the meaning

17 such term has under section 3 of the Small

18 Business Act (15 U.S.C. 632); except that such

19 term shall not include any concern or group of

20 concerns controlled by the same socially and

21 economically disadvantaged individual or indi22 viduals which has average annual gross receipts

23 over the preceding 3 fiscal years in excess of

24 $17,420,000, as adjusted by the Secretary for

25 inflation.
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1 (B) SOCIALLY AND ECONOMICALLY DIS2 ADVANTAGED INDIVIDUALS.—The term ‘‘so3 cially and economically disadvantaged individ4 uals’’ has the meaning such term has under

5 section 8(d) of the Small Business Act (15

6 U.S.C. 637(d)) and relevant subcontracting reg7 ulations promulgated pursuant thereto; except

8 that women shall be presumed to be socially

9 and economically disadvantaged individuals for

10 purposes of this subsection.

11 (3) ANNUAL LISTING OFDISADVANTAGED BUSI12 NESS ENTERPRISES.—Each State shall annually sur13 vey and compile a list of the small business concerns

14 referred to in paragraph (1) and the location of such

15 concerns in the State and notify the Secretary, in

16 writing, of the percentage of such concerns which

17 are controlled by women, by socially and economi18 cally disadvantaged individuals (other than women),

19 and by individuals who are women and are otherwise

20 socially and economically disadvantaged individuals.

21 (4) UNIFORM CERTIFICATION.—The Secretary

22 shall establish minimum uniform criteria for State

23 governments to use in certifying whether a concern

24 qualifies for purposes of this subsection. Such min25 imum uniform criteria shall include, but not be lim-
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1 ited to, on-site visits, personal interviews, licenses,

2 analysis of stock ownership, listing of equipment,

3 analysis of bonding capacity, listing of work com4 pleted, resume of principal owners, financial capac5 ity, and type of work preferred.

6 (5) COMPLIANCE WITH COURT ORDERS.—Noth7 ing in this subsection limits the eligibility of an enti8 ty or person to receive funds made available under

9 titles I, III, and V of this Act and section 403 of

10 title 23, United States Code, if the entity or person

11 is prevented, in whole or in part, from complying

12 with paragraph (1) because a Federal court issues a

13 final order in which the court finds that the require14 ment of paragraph (1), or the program established

15 under paragraph (1), is unconstitutional.

16 SEC. 1102. OBLIGATION CEILING.

17 (a) GENERAL LIMITATION.—Notwithstanding any

18 other provision of law but subject to subsections (g) and

19 (h), the obligations for Federal-aid highway and highway

20 safety construction programs shall not exceed—

21 (1) $33,644,000,000 for fiscal year 2004;

22 (2) $34,641,000,000 for fiscal year 2005;

23 (3) $35,668,000,000 for fiscal year 2006;

24 (4) $36,725,000,000 for fiscal year 2007;

25 (5) $37,813,000,000 for fiscal year 2008; and
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1 (6) $38,934,000,000 for fiscal year 2009.

2 (b) EXCEPTIONS.—The limitations under subsection

3 (a) shall not apply to obligations—

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

5 Code;

6 (2) under section 147 of the Surface Transpor7 tation Assistance Act of 1978;

8 (3) under section 9 of the Federal-Aid Highway

9 Act of 1981;

10 (4) under sections 131(b) and 131(j) of the

11 Surface Transportation Assistance Act of 1982;

12 (5) under sections 149(b) and 149(c) of the

13 Surface Transportation and Uniform Relocation As14 sistance Act of 1987;

15 (6) under sections 1103 through 1108 of the

16 Intermodal Surface Transportation Efficiency Act of

17 1991;

18 (7) under section 157 of title 23, United States

19 Code, as in effect on June 8, 1998;

20 (8) under section 105 of title 23, United States

21 Code (but, for each of fiscal years 1998 through

22 2013), only in an amount equal to $639,000,000 per

23 fiscal year; and

24 (9) for Federal-aid highway programs for which

25 obligation authority was made available under the
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1 Transportation Equity Act for the 21st Century or

2 subsequent public laws for multiple years or to re3 main available until used, but only to the extent that

4 such obligation authority has not lapsed or been

5 used.

6 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—

7 For each of fiscal years 2004 through 2009, the Secretary

8 shall—

9 (1) not distribute obligation authority provided

10 by subsection (a) for such fiscal year for amounts

11 authorized for administrative expenses and amounts

12 authorized for the highway use tax evasion program

13 and the Bureau of Transportation Statistics;

14 (2) not distribute an amount of obligation au15 thority provided by subsection (a) that is equal to

16 the unobligated balance of amounts made available

17 from the Highway Trust Fund (other than the Mass

18 Transit Account) for Federal-aid highway and high19 way safety programs for previous fiscal years the

20 funds for which are allocated by the Secretary;

21 (3) determine the ratio that—

22 (A) the obligation authority provided by

23 subsection (a) for such fiscal year less the ag24 gregate of amounts not distributed under para25 graphs (1) and (2), bears to
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1 (B) the total of the sums authorized to be

2 appropriated for Federal-aid highway and high3 way safety construction programs (other than

4 sums authorized to be appropriated for sections

5 set forth in paragraphs (1) through (7) of sub6 section (b) and sums authorized to be appro7 priated for section 105 of title 23, United

8 States Code, equal to the amount referred to in

9 subsection (b)(8)) for such fiscal year less the

10 aggregate of the amounts not distributed under

11 paragraph (1) of this subsection;

12 (4) distribute the obligation authority provided

13 by subsection (a) less the aggregate amounts not

14 distributed under paragraphs (1) and (2) for section

15 117 of title 23, United States Code (relating to high

16 priority projects program), section 14501 of title 40,

17 United States Code (relating to Appalachian devel18 opment highway system), and $2,000,000,000 for

19 such fiscal year under section 105 of title 23, United

20 States Code (relating to minimum guarantee) so

21 that amount of obligation authority available for

22 each of such sections is equal to the amount deter23 mined by multiplying the ratio determined under

24 paragraph (3) by the sums authorized to be appro-
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1 priated for such section (except in the case of sec2 tion 105, $2,000,000,000) for such fiscal year;

3 (5) distribute the obligation authority provided

4 by subsection (a) less the aggregate amounts not

5 distributed under paragraphs (1) and (2) and

6 amounts distributed under paragraph (4) for each of

7 the programs that are allocated by the Secretary

8 under this Act and title 23, United States Code

9 (other than activities to which paragraph (1) applies

10 and programs to which paragraph (4) applies) by

11 multiplying the ratio determined under paragraph

12 (3) by the sums authorized to be appropriated for

13 such program for such fiscal year; and

14 (6) distribute the obligation authority provided

15 by subsection (a) less the aggregate amounts not

16 distributed under paragraphs (1) and (2) and

17 amounts distributed under paragraphs (4) and (5)

18 for Federal-aid highway and highway safety con19 struction programs (other than the minimum guar20 antee program, but only to the extent that amounts

21 apportioned for the minimum guarantee program for

22 such fiscal year exceed $2,639,000,000, and the Ap23 palachian development highway system program)

24 that are apportioned by the Secretary under this Act

25 and title 23, United States Code, in the ratio that—
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1 (A) sums authorized to be appropriated for

2 such programs that are apportioned to each

3 State for such fiscal year, bear to

4 (B) the total of the sums authorized to be

5 appropriated for such programs that are appor6 tioned to all States for such fiscal year.

7 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU8 THORITY.—Notwithstanding subsection (c), the Secretary

9 shall after August 1 of each of fiscal years 2004 through

10 2009 revise a distribution of the obligation authority made

11 available under subsection (c) if an amount made available

12 under this section will not be obligated during the fiscal

13 year and redistribute sufficient amounts to those States

14 able to obligate amounts in addition to those previously

15 distributed during that fiscal year. In making the redis16 tribution, the Secretary shall give priority to those States

17 having large unobligated balances of funds apportioned

18 under sections 104 and 144 of title 23, United States

19 Code.

20 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

21 TRANSPORTATION RESEARCH PROGRAMS.—Obligation

22 limitations imposed by subsection (a) shall apply to trans23 portation research programs carried out under chapter 5

24 of title 23, United States Code, and under title V of this

25 Act; except that obligation authority made available for
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1 such programs under such limitations shall remain avail2 able for a period of 3 fiscal years.

3 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

4 FUNDS.—Not later than 30 days after the date of the dis5 tribution of obligation authority under subsection (c) for

6 each of fiscal years 2004 through 2009, the Secretary

7 shall distribute to the States any funds (1) that are au8 thorized to be appropriated for such fiscal year for Fed9 eral-aid highway programs, and (2) that the Secretary de10 termines will not be allocated to the States, and will not

11 be available for obligation, in such fiscal year due to the

12 imposition of any obligation limitation for such fiscal year.

13 Such distribution to the States shall be made in the same

14 ratio as the distribution of obligation authority under sub15 section (c)(6). The funds so distributed shall be available

16 for any purposes described in section 133(b) of title 23,

17 United States Code.

18 (g) SPECIAL RULE.—Obligation authority distributed

19 for a fiscal year under subsection (c)(4) for a section set

20 forth in subsection (c)(4) shall remain available until used

21 for obligation of funds for such section and shall be in

22 addition to the amount of any limitation imposed on obli23 gations for Federal-aid highway and highway safety con24 struction programs for future fiscal years.
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1 (h) INCREASE IN OBLIGATION LIMIT.—Limitations

2 on obligations imposed by subsection (a) for a fiscal year

3 shall be increased by an amount equal to the amount de4 termined pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the

5 Balanced Budget and Emergency Deficit Control Act of

6 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal

7 year. Any such increase shall be distributed in accordance

8 with this section.

9 (i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA10 TIVE EXPENSES.—Notwithstanding any other provision of

11 law, the total amount of all obligations under section

12 104(a) of title 23, United States Code, shall not exceed—

13 (1) $390,000,000 for fiscal year 2004;

14 (2) $395,000,000 for fiscal year 2005;

15 (3) $395,000,000 for fiscal year 2006;

16 (4) $395,000,000 for fiscal year 2007;

17 (5) $395,000,000 for fiscal year 2008; and

18 (6) $400,000,000 for fiscal year 2009.

19 SEC. 1103. APPORTIONMENTS.

20 (a) ADMINISTRATIVE EXPENSES.—Section 104(a) of

21 title 23, United States Code, is amended—

22 (1) by striking paragraphs (1) and (2) and in23 serting the following:

24 ‘‘(1) IN GENERAL.—There are authorized to be

25 appropriated from the Highway Trust Fund (other
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1 than the Mass Transit Account) for purposes de2 scribed in paragraph (2) $390,000,000 for fiscal

3 year 2004, $395,000,000 for fiscal year 2005,

4 $395,000,000 for fiscal year 2006, $395,000,000 for

5 fiscal year 2007, $395,000,000 for fiscal year 2008,

6 and $400,000,000 for fiscal year 2009.

7 ‘‘(2) USE OFFUNDS.—The amounts authorized

8 to be appropriated by paragraph (1) are authorized

9 for the following purposes:

10 ‘‘(A) To administer the provisions of law to

11 be financed from appropriations for the Fed12 eral-aid highway program and programs au13 thorized under chapter 2.

14 ‘‘(B) To make transfers of such sums as

15 the Secretary determines to be appropriate to

16 the Appalachian Regional Commission for ad17 ministrative activities associated with the Appa18 lachian development highway system.’’;

19 (2) in paragraph (3) by striking ‘‘sum deducted

20 under’’ and inserting ‘‘amounts authorized to be ap21 propriated by’’; and

22 (3) in paragraph (4)—

23 (A) by striking ‘‘sums deducted under’’

24 and inserting ‘‘amounts authorized to be appro25 priated by’’; and
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1 (B) by striking ‘‘and the Federal Motor

2 Carrier Safety Administration’’.

3 (b) NATIONAL HIGHWAY SYSTEM.—Section 104(b)

4 of such title is amended—

5 (1) by striking ‘‘the deduction authorized by

6 subsection (a) and’’; and

7 (2) in paragraph (1)(A)—

8 (A) by striking ‘‘$36,400,000 for each fis9 cal year’’ and inserting ‘‘$40,000,000 for fiscal

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

11 $40,000,000 for fiscal year 2006, $50,000,000

12 for fiscal year 2007, $50,000,000 for fiscal year

13 2008, and $50,000,000 for fiscal year 2009’’;

14 and

15 (B) by striking ‘‘$18,800,000 for each of

16 fiscal years 1998 through 2002’’ and inserting

17 ‘‘$20,000,000 for fiscal year 2004 and

18 $30,000,000 for each of fiscal years 2005

19 through 2009’’.

20 (c) REPORT.—Section 104(j) of title 23, United

21 States Code, is amended by striking ‘‘submit to Congress

22 a report’’ and inserting ‘‘transmit to Congress a report,

23 and also make such report available to the public in a

24 user-friendly format via the Internet,’’.
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1 (d) CONFORMING AMENDMENTS.—Section 104 of

2 such title is amended—

3 (1) in subsection (f)(1)—

4 (A) by striking ‘‘, after making the deduc5 tion authorized by subsection (a) of this sec6 tion,’’; and

7 (B) by striking ‘‘remaining’’; and

8 (2) in subsection (i) by striking ‘‘deducted’’ and

9 inserting ‘‘authorized to be appropriated’’.

10 (e) PUERTO RICO HIGHWAY PROGRAM.—Section

11 1214(r) of the Transportation Equity Act for the 21st

12 Century (112 Stat. 209; 117 Stat. 1114) is amended—

13 (1) in paragraph (1) by striking ‘‘(15) for each

14 of fiscal years 1998 through 2004’’ and inserting

15 ‘‘(24) for each of fiscal years 2004 through 2009 of

16 the Transportation Equity Act: A Legacy for

17 Users’’; and

18 (2) in paragraph (2) by striking ‘‘(15) of this

19 Act’’ and inserting ‘‘(24) of the Transportation Eq20 uity Act: A Legacy for Users’’.

21 SEC. 1104. MINIMUM GUARANTEE.

22 (a) GENERAL RULE.—Section 105(a) of title 23,

23 United States Code, is amended—

24 (1) by striking ‘‘1998 through 2003’’ and in25 serting ‘‘2004 through 2009’’;
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1 (2) by striking ‘‘, high priority projects’’; and

2 (3) by striking ‘‘and recreational trails’’ and in3 serting ‘‘recreational trails, coordinated border infra4 structure, freight intermodal connectors, safe routes

5 to school, highway safety improvement, and high

6 risk rural road safety improvement’’.

7 (b) TREATMENT OF FUNDS.—Section 105(c)(1) of

8 such title is amended—

9 (1) by striking ‘‘$2,800,000,000’’ and inserting

10 ‘‘$2,870,000,000 in fiscal year 2004,

11 $2,941,750,000 in fiscal year 2005, $3,015,293,750

12 in fiscal year 2006, $3,090,676,094 in fiscal year

13 2007, $3,167,942,996 in fiscal year 2008, and

14 $3,247,141,571 in fiscal year 2009’’;

15 (2) by striking ‘‘, high priority projects’’; and

16 (3) by striking ‘‘and recreational trails’’ each

17 place it appears and inserting ‘‘recreational trails,

18 coordinated border infrastructure, freight intermodal

19 connectors, safe routes to school, highway safety im20 provement, and high risk rural road safety improve21 ment’’.

22 (c) AUTHORIZATION.—Section 105(d) of such title is

23 amended by striking ‘‘1998 through 2003’’ and inserting

24 ‘‘2004 through 2009’’.
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1 (d) SPECIAL RULE.—Section 105 of such title is fur2 ther amended—

3 (1) by striking subsection (e); and

4 (2) by redesignating subsection (f) as sub5 section (e).

6 (e) GUARANTEED SPECIFIED RETURN.—Section

7 105(e) of such title (as redesignated by subsection (d))

8 is amended—

9 (1) in the subsection heading by striking ‘‘OF

10 90.5’’ and inserting ‘‘SPECIFIED’’; and

11 (2) in paragraph (1) by striking ‘‘1999 through

12 2003’’ and inserting ‘‘2004 through 2009’’.

13 (f) CONFORMING AMENDMENTS.—

14 (1) SECTION 131.—Section 131(m) of title 23,

15 United States Code, is amended by striking ‘‘in ac16 cordance with the program of projects approval

17 process of section 105’’.

18 (2) SECTION 140.—Section 140 of such title is

19 amended—

20 (A) in subsection (a) by striking ‘‘pro21 grams for projects as provided for in subsection

22 (a) of section 105 of this title’’ and inserting

23 ‘‘project under this chapter’’; and
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1 (B) in subsection (c) by striking ‘‘sub2 section 104(b)(3) of this title’’ and inserting

3 ‘‘section 104(b)(3)’’.

4 SEC. 1105. PROJECT APPROVAL AND OVERSIGHT

5 (a) OVERSIGHT PROGRAM.—Section 106 of title 23,

6 United States Code, is amended by striking subsection (h)

7 and inserting the following:

8 ‘‘(h) OVERSIGHT PROGRAM.—

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish an oversight program to monitor the effective

11 and efficient use of funds authorized to carry out

12 this title. At a minimum, the program shall be re13 sponsive to all areas related to financial integrity

14 and project delivery.

15 ‘‘(2) FINANCIAL INTEGRITY.—

16 ‘‘(A) FINANCIAL MANAGEMENT SYS17 TEMS.—The Secretary shall perform annual re18 views that address elements of the State trans19 portation departments’ financial management

20 systems that affect projects approved under

21 subsection (a).

22 ‘‘(B) PROJECT COSTS.—The Secretary

23 shall develop minimum standards for estimating

24 project costs and shall periodically evaluate the
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1 States’ practices for estimating project costs,

2 awarding contracts, and reducing project costs.

3 ‘‘(C) RESPONSIBILITY OFTHE STATES.—

4 The States are responsible for determining that

5 subrecipients of Federal funds under this title

6 have sufficient accounting controls to properly

7 manage such Federal funds. The Secretary

8 shall periodically review the States’ monitoring

9 of subrecipients.

10 ‘‘(3) PROJECT DELIVERY.—The Secretary shall

11 perform annual reviews that address elements of a

12 State’s project delivery system, which includes one

13 or more activities that are involved in the life cycle

14 of a project from its conception to its completion.

15 ‘‘(4) RESPONSIBILITY OFTHE STATES.—The

16 States are responsible for determining that sub17 recipients of Federal funds under this title have ade18 quate project delivery systems for projects approved

19 under this section. The Secretary shall periodically

20 review the States’ monitoring of subrecipients.

21 ‘‘(5) SPECIFIC OVERSIGHT RESPONSIBIL22 ITIES.—Nothing in this section shall affect or dis23 charge any oversight responsibility of the Secretary

24 specifically provided for under this title or other

25 Federal law. In addition, the Secretary shall retain
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1 full oversight responsibilities for the design and con2 struction of all Appalachian development highways

3 under section 14501 of title 40.

4 ‘‘(i) MAJOR PROJECTS.—

5 ‘‘(1) IN GENERAL.—Notwithstanding any other

6 provision in this section, a recipient of Federal fi7 nancial assistance for a project under this title with

8 an estimated total cost of $500,000,000 or more, or

9 any other project in the discretion of the Secretary,

10 shall submit to the Secretary a project management

11 plan and an annual financial plan.

12 ‘‘(2) PROJECT MANAGEMENT PLAN.—The

13 project management plan shall document the proce14 dures and processes in place to provide timely infor15 mation to the project decision makers to manage ef16 fectively the scope, costs, schedules, and quality, and

17 the Federal requirements of the project and the role

18 of the agency leadership and management team in

19 the delivery of the project.

20 ‘‘(3) FINANCIAL PLAN.—The financial plan

21 shall be based on detailed estimates of the cost to

22 complete the project. Annual updates shall be sub23 mitted based on reasonable assumptions, as deter24 mined by the Secretary, of future increases in the

25 cost to complete the project.
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1 ‘‘(j) OTHER PROJECTS.—A recipient of Federal fi2 nancial assistance for a project under this title with an

3 estimated total cost of $100,000,000 or more that is not

4 covered by subsection (h) shall prepare an annual financial

5 plan. Annual financial plans prepared under this sub6 section shall be made available to the Secretary for review

7 upon the Secretary’s request.’’.

8 (b) SHARING OF MONETARY RECOVERIES.—Notwith9 standing any other provision of law, monetary judgments

10 accruing to the Government from judgments in Federal

11 criminal prosecutions and civil proceedings pertaining to

12 fraud in Federally funded highway and public transpor13 tation projects and programs shall be treated as follows:

14 (1) Any amount less than or equal to the single

15 damages incurred as the result of such fraud shall

16 be credited to the Federal account from which the

17 funds for the project or program that is at issue in

18 the fraud came, except to the extent that such Fed19 eral account has been credited as the result of any

20 judgment in favor of a grant recipient.

21 (2) Any amount in excess of the amount cred22 ited pursuant to paragraph (1) shall be shared with

23 the State or other recipient involved if—

24 (A) the State or other recipient enters into

25 a legally binding agreement with the Secretary
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1 to use the funds for a purpose eligible for Fed2 eral assistance under title 23 or chapter 53 of

3 title 49, United States Code, as the case may

4 be;

5 (B) the amount to be shared with the

6 State or other recipient is determined by the

7 Attorney General, in consultation with the Sec8 retary; and

9 (C) the Attorney General, in consultation

10 with the Secretary, determines that the fraud

11 did not occur as a result of negligent oversight

12 or actual involvement in the fraud by the State

13 or other recipient or any senior official of the

14 State or other recipient.

15 SEC. 1106. TEMPORARY TRAFFIC CONTROL DEVICES.

16 (a) STANDARDS.—Section 109(e) of title 23, United

17 States Code, is amended—

18 (1) by striking ‘‘(e) No funds’’ and inserting

19 the following:

20 ‘‘(e) INSTALLATION OF SAFETY DEVICES.—

21 ‘‘(1) HIGHWAY AND RAILROAD GRADE CROSS22 INGS AND DRAWBRIDGES.—No funds’’; and

23 (2) by adding at the end the following:

24 ‘‘(2) TEMPORARY TRAFFIC CONTROL DE25 VICES.—No funds shall be approved for expenditure
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1 on any Federal-aid highway, or highway affected

2 under chapter 2 of this title, unless proper tem3 porary traffic control devices to improve safety in

4 work zones will be installed and maintained during

5 construction, utility, and maintenance operations on

6 that portion of the highway with respect to which

7 such expenditures are to be made. Installation and

8 maintenance of the devices shall be in accordance

9 with the Manual on Uniform Traffic Control De10 vices.’’.

11 (b) LETTING OF CONTRACTS.—Section 112 of such

12 title is amended—

13 (1) by striking subsection (f);

14 (2) by redesignating subsection (g) as sub15 section (f); and

16 (3) by adding at the end the following:

17 ‘‘(g) TEMPORARY TRAFFIC CONTROL DEVICES.—

18 ‘‘(1) ISSUANCE OFREGULATIONS.—The Sec19 retary, after consultation with appropriate Federal

20 and State officials, shall issue regulations estab21 lishing the conditions for the appropriate use of, and

22 expenditure of funds for, uniformed law enforcement

23 officers, positive protective measures between work24 ers and motorized traffic, and installation and main-
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1 tenance of temporary traffic control devices during

2 construction, utility, and maintenance operations.

3 ‘‘(2) EFFECTS OF REGULATIONS.—Based on

4 regulations issued under paragraph (1), a State

5 shall—

6 ‘‘(A) develop separate pay items for the

7 use of uniformed law enforcement officers, posi8 tive protective measures between workers and

9 motorized traffic, and installation and mainte10 nance of temporary traffic control devices dur11 ing construction, utility, and maintenance oper12 ations; and

13 ‘‘(B) incorporate such pay items into con14 tract provisions to be included in each contract

15 entered into by the State with respect to a

16 highway project to ensure compliance with sec17 tion 109(e)(2).

18 ‘‘(3) LIMITATION.—Nothing in the regulations

19 shall be construed to prohibit a State from imple20 menting standards that are more stringent than

21 those required under the regulations.

22 ‘‘(4) POSITIVE PROTECTIVE MEASURES DE23 FINED.—In this subsection, the term ‘positive pro24 tective measures’ means temporary traffic barriers,

25 crash cushions, and other strategies to avoid traffic
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1 accidents in work zones, including full road clo2 sures.’’.

3 SEC. 1107. REVENUE ALIGNED BUDGET AUTHORITY.

4 (a) ALLOCATION.—Section 110(a)(1) of title 23,

5 United States Code, is amended—

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

7 (2) by inserting after ‘‘such fiscal year’’ the fol8 lowing: ‘‘and the succeeding fiscal year’’.

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

10 amended—

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

12 (2) by striking ‘‘October 1 of the succeeding’’

13 and inserting ‘‘October 15 of such’’; and

14 (3) by inserting after ‘‘Account)’’ the following:

15 ‘‘for such fiscal year and the succeeding fiscal year’’.

16 (c) GENERAL DISTRIBUTION.—Section 110(b)(1)(A)

17 of such title is amended by striking ‘‘Transportation Eq18 uity Act for the 21st Century’’ and inserting ‘‘Transpor19 tation Equity Act: A Legacy for Users’’.

20 (d) TECHNICAL AMENDMENT.—Section 110(b)(1)(A)

21 of title 23, United States Code, is amended by striking

22 ‘‘for’’ the second place it appears.
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1 SEC. 1108. EMERGENCY RELIEF.

2 (a) IN GENERAL.—Effective October 1, 2004, section

3 125(c)(1) of title 23, United States Code, is amended by

4 striking ‘‘$100,000,000’’ and inserting ‘‘$120,000,000’’.

5 (b) AUTHORIZATIONS OF APPROPRIATIONS FROM

6 GENERAL FUND.—There is authorized to be appropriated

7 for a fiscal year such sums as may be necessary for alloca8 tions by the Secretary described in subsections (a) and (b)

9 of sections 125 of title 23, United States Code, if the total

10 of those allocations in such fiscal year are in excess of

11 $120,000,000.

12 SEC. 1109. SURFACE TRANSPORTATION PROGRAM.

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

14 amended—

15 (1) by striking ‘‘1998 through 2000’’ and in16 serting ‘‘2004 through 2006’’; and

17 (2) by striking ‘‘2001 through 2003’’ and in18 serting ‘‘2007 through 2009’’.

19 SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

20 (a) ELIGIBLE ACTIVITIES.—

21 (1) INTERGOVERNMENTAL ENFORCEMENT EF22 FORTS.—Section 143(b)(2) of title 23, United States

23 Code, is amended by inserting before the period the

24 following: ‘‘; except that of funds so made available

25 for each of fiscal years 2004 through 2009,

26 $2,000,000 shall be available only to carry out inter-
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1 governmental enforcement efforts, including research

2 and training’’.

3 (2) CONDITIONS ON FUNDS ALLOCATED TO IN4 TERNAL REVENUE SERVICE.—Section 143(b)(3) of

5 such title is amended by striking ‘‘The’’ and insert6 ing ‘‘Except as otherwise provided in this section,

7 the’’.

8 (3) LIMITATION ON USE OFFUNDS.—Section

9 143(b)(4) of such title is amended—

10 (A) by striking ‘‘and’’ at the end of sub11 paragraph (F);

12 (B) by striking the period at the end of

13 subparagraph (G) and inserting a semicolon;

14 and

15 (C) by adding at the end the following:

16 ‘‘(H) to support efforts between States and

17 Indian tribes to address issues related to State

18 motor fuel taxes; and

19 ‘‘(I) to analyze and implement programs to

20 reduce tax evasion associated with foreign im21 ported fuel.’’.

22 (4) REPORTS.—Section 143(b) of such title is

23 amended by adding at the end the following:

24 ‘‘(9) REPORTS.—The Commissioner of the In25 ternal Revenue Service and each State shall submit
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1 to the Secretary an annual report that describes the

2 projects, examinations, and criminal investigations

3 funded by and carried out under this section. Such

4 report shall specify the annual yield estimated for

5 each project funded under this section.’’.

6 (b) EXCISE FUEL REPORTING SYSTEM.—

7 (1) IN GENERAL.—Section 143(c)(1) of such

8 title is amended—

9 (A) by striking ‘‘August 1, 1998,’’ and in10 serting ‘‘90 days after the date of enactment of

11 the Transportation Equity Act: A Legacy for

12 Users,’’;

13 (B) by striking ‘‘development’’ and insert14 ing ‘‘completion, operation,’’; and

15 (C) by striking ‘‘an excise fuel reporting

16 system (in this subsection referred to as ‘the

17 system’)’’ and inserting ‘‘an excise summary

18 terminal activity reporting system’’.

19 (2) ELEMENTS OFMEMORANDUM OFUNDER20 STANDING.—Section 143(c)(2) of such title is

21 amended—

22 (A) by striking ‘‘the system’’ the first place

23 it appears and inserting ‘‘the excise summary

24 terminal activity reporting system’’;
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1 (B) in subparagraph (A) by striking ‘‘de2 velop’’ and inserting ‘‘complete’’;

3 (C) by striking ‘‘and’’ at the end of sub4 paragraph (B);

5 (D) by striking the period at the end of

6 subparagraph (C) and inserting ‘‘; and’’; and

7 (E) by adding at the end the following:

8 ‘‘(D) the Commissioner of the Internal

9 Revenue Service shall submit and the Secretary

10 shall approve a budget and project plan for the

11 completion, operation, and maintenance of the

12 system.’’; and

13 (3) FUNDING PRIORITY.—Section 143(c)(3) of

14 such title is amended to read as follows:

15 ‘‘(3) FUNDING.—Of the amounts made avail16 able to carry out this section for each of fiscal years

17 2004 through 2009, the Secretary shall make avail18 able to the Internal Revenue Service such funds as

19 may be necessary to complete, operate, and maintain

20 the excise summary terminal activity reporting sys21 tem in accordance with this subsection.’’.

22 (c) REGISTRATION SYSTEM AND ELECTRONIC DATA23 BASE.—Section 143 of such title is further amended by

24 adding at the end the following:
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1 ‘‘(d) PIPELINE, VESSEL, AND BARGE REGISTRATION

2 SYSTEM.—

3 ‘‘(1) IN GENERAL.—Not later than 90 days

4 after the date of enactment of this subsection, the

5 Secretary shall enter into a memorandum of under6 standing with the Commissioner of the Internal Rev7 enue Service for the purposes of the development,

8 operation, and maintenance of a registration system

9 for pipelines, vessels, and barges, and operators of

10 such pipelines, vessels, and barges, that make bulk

11 transfers of taxable fuel.

12 ‘‘(2) ELEMENTS OFMEMORANDUM OFUNDER13 STANDING.—The memorandum of understanding

14 shall provide that—

15 ‘‘(A) the Internal Revenue Service shall de16 velop and maintain the registration system

17 through contracts;

18 ‘‘(B) the Commissioner of the Internal

19 Revenue Service shall submit and the Secretary

20 shall approve a budget and project plan for de21 velopment, operation, and maintenance of the

22 registration system;

23 ‘‘(C) the registration system shall be under

24 the control of the Internal Revenue Service; and
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1 ‘‘(D) the registration system shall be made

2 available for use by appropriate State and Fed3 eral revenue, tax, and law enforcement authori4 ties, subject to section 6103 of the Internal

5 Revenue Code of 1986.

6 ‘‘(3) FUNDING.—Of the amounts made avail7 able to carry out this section for each of fiscal years

8 2004 through 2009, the Secretary shall make avail9 able to the Internal Revenue Service such funds as

10 may be necessary to complete, operate, and maintain

11 a registration system for pipelines, vessels, and

12 barges, and operators of such pipelines, vessels, and

13 barges, that make bulk transfers of taxable fuel in

14 accordance with this subsection.

15 ‘‘(e) HEAVY VEHICLE USE TAX PAYMENT DATA16 BASE.—

17 ‘‘(1) IN GENERAL.—Not later than 90 days

18 after the date of enactment of this subsection, the

19 Secretary shall enter into a memorandum of under20 standing with the Commissioner of the Internal Rev21 enue Service for the purposes of the establishment,

22 operation, and maintenance of an electronic data23 base of heavy vehicle highway use tax payments.
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1 ‘‘(2) ELEMENTS OFMEMORANDUM OFUNDER2 STANDING.—The memorandum of understanding

3 shall provide that—

4 ‘‘(A) the Internal Revenue Service shall es5 tablish and maintain the electronic database

6 through contracts;

7 ‘‘(B) the Commissioner of the Internal

8 Revenue Service shall submit and the Secretary

9 shall approve a budget and project plan for es10 tablishment, operation, and maintenance of the

11 electronic database;

12 ‘‘(C) the electronic database shall be under

13 the control of the Internal Revenue Service; and

14 ‘‘(D) the electronic database shall be made

15 available for use by appropriate State and Fed16 eral revenue, tax, and law enforcement authori17 ties, subject to section 6103 of the Internal

18 Revenue Code of 1986.

19 ‘‘(3) FUNDING.—Of the amounts made avail20 able to carry out this section for each of fiscal years

21 2004 through 2009, the Secretary shall make avail22 able to the Internal Revenue Service such funds as

23 may be necessary to establish, operate, and maintain

24 an electronic database of heavy vehicle highway use

25 tax payments in accordance with this subsection.
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1 ‘‘(f) REPORTS.—Not later than March 30 and Sep2 tember 30 of each year, the Commissioner of the Internal

3 Revenue Service shall provide reports to the Secretary on

4 the status of the Internal Revenue Service projects funded

5 under this section related to the excise summary terminal

6 activity reporting system, the pipeline, vessel, and barge

7 registration system, and the heavy vehicle use tax elec8 tronic database.’’.

9 SEC. 1111. APPALACHIAN DEVELOPMENT HIGHWAY SYS10 TEM.

11 (a) APPORTIONMENT.—The Secretary shall appor12 tion funds made available by section 1101(a)(7) of this

13 Act for fiscal years 2004 through 2009 among the States

14 based on the latest available cost to complete estimate for

15 the Appalachian development highway system under sec16 tion 14501 title 40, United States Code.

17 (b) APPLICABILITY OF TITLE 23.—Funds made

18 available by section 1101(a)(7) of this Act for the Appa19 lachian development highway system shall be available for

20 obligation in the same manner as if such funds were ap21 portioned under chapter 1 of title 23, United States Code;

22 except that the Federal share of the cost of any project

23 under this section shall be determined in accordance with

24 such section 14501 of title 40, United States Code, and

25 such funds shall be available to construct highways and
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1 access roads under such section and shall remain available

2 until expended.

3 (c) USE OF TOLL CREDITS.—Section 120(j)(1) of

4 title 23, United States Code is amended by inserting ‘‘and

5 the Appalachian development highway system program

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

7 SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY

8 TERMINAL FACILITIES.

9 (a) IN GENERAL.—Subchapter I of chapter 1 of title

10 23, United States Code, is amended by adding at the end

11 the following:

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

13 facilities

14 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

15 program for construction of ferry boats and ferry terminal

16 facilities in accordance with section 129(c).

17 ‘‘(b) FEDERAL SHARE.—The Federal share payable

18 for construction of ferry boats and ferry terminal facilities

19 under this section shall be 80 percent of the cost thereof.

20 ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts made

21 available to carry out this section shall remain available

22 until expended.

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

24 ‘‘(1) IN GENERAL.—$20,000,000 of the amount

25 made available to carry out this section for each of
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1 fiscal years 2004 through 2009 shall be obligated for

2 the construction or refurbishment of ferry boats and

3 ferry terminal facilities and approaches to such fa4 cilities within marine highway systems that are part

5 of the National Highway System.

6 ‘‘(2) ALASKA.—$10,000,000 of the

7 $20,000,000 for a fiscal year made available under

8 paragraph (1) shall be made available to the State

9 of Alaska.

10 ‘‘(3) NEW JERSEY.—$5,000,000 of the

11 $20,000,000 for a fiscal year made available under

12 paragraph (1) shall be made available to the State

13 of New Jersey.

14 ‘‘(4) WASHINGTON.—$5,000,000 of the

15 $20,000,000 for a fiscal year made available under

16 paragraph (1) shall be made available to the State

17 of Washington.

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

19 that are applicable to the National Highway System, other

20 than provisions relating to apportionment formula and

21 Federal share, shall apply to funds made available to carry

22 out this section, except as determined by the Secretary

23 to be inconsistent with this section.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 subchapter I of chapter 1 of such title is amended by add3 ing at the end the following:

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

4 (c) NATIONAL FERRY DATABASE.—

5 (1) ESTABLISHMENT.—The Secretary, acting

6 through the Bureau of Transportation Statistics,

7 shall establish and maintain a national ferry data8 base.

9 (2) CONTENTS.—The database shall contain

10 current information regarding ferry systems, includ11 ing information regarding routes, vessels, passengers

12 and vehicles carried, funding sources and such other

13 information as the Secretary considers useful.

14 (3) UPDATE REPORT.—Using information col15 lected through the database, the Secretary shall pe16 riodically modify as appropriate the report submitted

17 under section 1207(c) of the Transportation Equity

18 Act for the 21st Century (23 U.S.C. 129 note; 112

19 Stat. 185–186).

20 (4) REQUIREMENTS.—The Secretary shall—

21 (A) compile the database not later than 1

22 year after the date of enactment of this Act and

23 update the database every 2 years thereafter;

24 (B) ensure that the database is easily ac25 cessible to the public;
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1 (C) make available, from the ferry boat

2 and ferry terminal program authorized under

3 section 165 of title 23, United States Code, not

4 more than $500,000 for each of fiscal years

5 2004 through 2009 to establish the database.

6 SEC. 1113. INTERSTATE MAINTENANCE DISCRETIONARY.

7 (a) IN GENERAL.—Section 118 of title 23, United

8 States Code, is amended—

9 (1) by striking subsection (c);

10 (2) in subsection (e) by inserting ‘‘SPECIAL

11 RULES.—’’ before ‘‘Funds made’’; and

12 (3) by redesignating subsections (d) and (e) as

13 subsections (c) and (d), respectively.

14 (b) CONFORMING AMENDMENT.—Section 103(d)(1)

15 of such title is amended by striking ‘‘or 118(c)’’.

16 (c) TECHNICAL AMENDMENTS.—

17 (1) SECTION 114.—Section 114(a) of such title

18 is amended by striking ‘‘Except as provided in sec19 tion 117 of this title, such’’ and inserting ‘‘Such’’.

20 (2) SECTION 116.—Section 116(b) of such title

21 is amended by striking ‘‘highway department’’ and

22 inserting ‘‘transportation department’’.

23 (3) SECTION 120.—Section 120(e) of such title

24 is amended in the first sentence by striking ‘‘such

25 system’’ and inserting ‘‘such highway’’.
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1 (4) SECTION 126.—Section 126(a) of such title

2 is amended by inserting ‘‘under’’ before ‘‘section

3 104(b)(3)’’.

4 (5) SECTION 127.—Section 127 of such title is

5 amended by striking ‘‘118(b)(1)’’ and inserting

6 ‘‘118(b)(2)’’.

7 (6) BICYCLE AND PEDESTRIAN SAFETY

8 GRANTS.—Section 1212(i) of the Transportation Eq9 uity Act for the 21st Century (112 Stat. 196–197)

10 is amended by redesignating subparagraphs (D) and

11 (E) as paragraphs (2) and (3), respectively, and

12 moving such paragraphs 2 ems to the left.

13 (d) LIMITATION.—The amendments made by this

14 section shall not apply to, or have any affect with respect

15 to, funds made available under section 118 of title 23,

16 United States Code, before the date of enactment of this

17 section.

18 (e) EFFECTIVE DATE.—The amendments made by

19 subsections (a) and (b) of this section shall take effect on

20 September 30, 2004.

21 SEC. 1114. HIGHWAY BRIDGE.

22 (a) SCOUR COUNTERMEASURES.—Section 144(d) of

23 title 23, United States Code, is amended to read as fol24 lows:
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1 ‘‘(d) APPLICATIONS FOR AND APPROVAL OF ASSIST2 ANCE.—

3 ‘‘(1) BRIDGE REPLACEMENT OR REHABILITA4 TION.—Whenever any State or States make applica5 tion to the Secretary for assistance in replacing or

6 rehabilitating a highway bridge which the priority

7 system established under subsections (b) and (c)

8 shows to be eligible, the Secretary may approve Fed9 eral participation in replacing such bridge with a

10 comparable facility or in rehabilitating such bridge.

11 ‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEAS12 URES, AND APPLICATIONS OFCERTAIN COMPOSI13 TIONS.—Whenever any State makes application to

14 the Secretary for assistance in painting, seismic ret15 rofit, or preventive maintenance of, or installing

16 scour countermeasures or applying calcium magne17 sium acetate, sodium acetate/formate, or other envi18 ronmentally acceptable, minimally corrosive anti19 icing and de-icing compositions to, the structure of

20 a highway bridge, the Secretary may approve Fed21 eral participation in the painting, seismic retrofit, or

22 preventive maintenance of, or installation of scour

23 countermeasures or application of acetate or sodium

24 acetate/formate or such anti-icing or de-icing com25 position to, such structure.
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1 ‘‘(3) ELIGIBILITY.—The Secretary shall deter2 mine the eligibility of highway bridges for replace3 ment or rehabilitation for each State based upon the

4 unsafe highway bridges in such State; except that a

5 State may carry out a project for preventive mainte6 nance on a bridge, seismic retrofit of a bridge, or in7 stalling scour countermeasures to a bridge under

8 this section without regard to whether the bridge is

9 eligible for replacement or rehabilitation under this

10 section.’’.

11 (b) BRIDGE DISCRETIONARY SET-ASIDE.—Section

12 144(g)(1) of such title is amended by adding at the end

13 the following:

14 ‘‘(D) FISCAL YEARS 2004 THROUGH

15 2009.—Of the amounts authorized to be appro16 priated to carry out the bridge program under

17 this section for each of the fiscal years 2004

18 through 2009, all but $100,000,000 shall be

19 apportioned as provided in subsection (e). Such

20 $100,000,000 shall be available at the discre21 tion of the Secretary; except that $25,000,000

22 shall be available only for projects for the seis23 mic retrofit of bridges, and of which

24 $10,000,000 shall be available only for the seis25 mic retrofit of a bridge described in subsection
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1 (l), and except as provided in subparagraph

2 (E).

3 ‘‘(E) GRAVINA ACCESS.—

4 ‘‘(i) IN GENERAL.—Of the amounts

5 authorized to be appropriated to carry out

6 the bridge program under this paragraph,

7 for each of the fiscal years 2005 through

8 2009, $10,000,000 shall be set aside from

9 the $100,000,000 available at the discre10 tion of the Secretary under subparagraph

11 (D) for the construction of a bridge joining

12 the Island of Gravina to the community of

13 Ketchikan in Alaska.

14 ‘‘(ii) SCORING.—The project described

15 in this subparagraph shall not be counted

16 for purposes of the reduction set forth in

17 the fourth sentence of subsection (e).’’.

18 (c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of

19 such title is amended—

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

21 percent’’;

22 (2) by striking ‘‘1987’’ and inserting ‘‘2004’’;

23 (3) by striking ‘‘2003’’ and inserting ‘‘2009’’;

24 (4) by inserting ‘‘, perform systematic preven25 tive maintenance,’’ after ‘‘paint’’; and
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1 (5) by inserting a comma before ‘‘to highway

2 bridges’’.

3 (d) TECHNICAL AMENDMENT.—Section 144(i) of

4 such title is amended by striking ‘‘at the same time’’ and

5 all that follows through ‘‘Congress’’.

6 SEC. 1115. TRANSPORTATION AND COMMUNITY AND SYS7 TEM PRESERVATION PROGRAM.

8 (a) EXTENSION.—Section 1221(e)(1) of Transpor9 tation Equity Act for the 21st Century (23 U.S.C. 101

10 note; 112 Stat. 223) is amended—

11 (1) by striking ‘‘1999 and’’ and inserting

12 ‘‘1999,’’; and

13 (2) by inserting before the period at the end the

14 following: ‘‘, and $25,000,000 for fiscal year 2004,

15 $30,000,000 for fiscal year 2005, $35,000,000 for

16 fiscal year 2006, $35,000,000,000 for fiscal year

17 2007, and $35,000,000 for each of fiscal years 2008

18 and 2009’’.

19 (b) FEDERAL SHARE.—Section 1221(e)(2) of such

20 Act is amended by inserting before the period at the end

21 ‘‘; except that such funds shall not be transferable and

22 the Federal share for projects and activities carried out

23 with such funds shall be determined in accordance with

24 section 120(b) of title 23, United States Code’’.
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1 (c) PLANNING ACTIVITIES PILOT PROGRAM.—Sec2 tion 1221 of such Act is amended by adding at the end

3 the following:

4 ‘‘(f) PLANNING ACTIVITIES PILOT PROGRAM.—

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a pilot program using funds set aside under

7 paragraph (4) to support planning and public par8 ticipation activities related to highway and public

9 transportation projects.

10 ‘‘(2) ELIGIBLE ACTIVITIES.—Activities eligible

11 to be carried out under the pilot program may in12 clude the following:

13 ‘‘(A) Improving data collection and anal14 ysis to improve freight movement, intermodal

15 connections, and transportation access and effi16 ciency for all users, including children, older in17 dividuals, individuals with disabilities, low-in18 come individuals, and minority communities.

19 ‘‘(B) Supporting public participation by

20 holding public meetings using an interactive

21 workshop format facilitated by design or plan22 ning experts (or both) to consider public input

23 at the initial stages of project development and

24 during other phases of a project.
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1 ‘‘(C) Using innovative planning or design

2 visualization and simulation tools to improve

3 the evaluation of alternatives and their impacts

4 and to enhance public participation in the

5 transportation planning process, including tools

6 having a structure that enables modifications to

7 scenarios and assumptions in real time.

8 ‘‘(D) Enhancing coordination among trans9 portation, land use, workforce development,

10 human service, economic development, and

11 other agencies to strengthen access to job train12 ing services, daycare centers, health care facili13 ties, senior centers, public schools, universities,

14 and residential areas, including the use of inte15 grated planning and service delivery, especially

16 for transit dependent and low-income individ17 uals.

18 ‘‘(E) Contracting with nonprofit organiza19 tions, universities, and local agencies to deliver

20 community-oriented transportation plans and

21 projects, including public outreach, context sen22 sitive design, transit-oriented development,

23 multimodal corridor investments, commuter

24 benefits deployment, and brownfield redevelop25 ment.
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1 ‘‘(F) Measuring and reporting on the an2 nual performance of the transportation system

3 (or parts of) relative to State or locally-estab4 lished criteria regarding—

5 ‘‘(i) maintenance and operating costs

6 of the transportation system, vehicle miles

7 traveled, peak-period travel times, trans8 portation choices, and mode shares;

9 ‘‘(ii) location of housing units, jobs,

10 medical facilities, and commercial centers

11 to transit;

12 ‘‘(iii) improvements directed to low-in13 come families and older individuals;

14 ‘‘(iv) transportation-related pollution

15 emissions into the air and water;

16 ‘‘(v) land consumption; and

17 ‘‘(vi) other locally-significant factors.

18 ‘‘(G) Improving regional travel and emis19 sion modeling to examine factors not currently

20 considered, such as induced travel and land use

21 effects of transportation alternatives, types of

22 vehicles owned and used by households, time-of23 day of travel and linkage of trips to each other

24 throughout the day, effects of urban design and

25 pedestrian and bicycle environment on travel
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1 behavior, and impacts of alternatives on the dis2 tribution of benefits and burdens among various

3 groups protected under title VI of the Civil

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

5 ‘‘(3) FEDERAL SHARE.—Notwithstanding sub6 section (e)(2), the Federal share of the cost of ac7 tivities carried out under the pilot program shall be

8 100 percent.

9 ‘‘(4) SET ASIDE.—The Secretary shall make

10 available $1,500,000 of the amounts made available

11 to carry out this section for each of fiscal years

12 2004 through 2009 to carry out the pilot program

13 under this subsection.’’.

14 SEC. 1116. DEPLOYMENT OF MAGNETIC LEVITATION

15 TRANSPORTATION PROJECTS.

16 (a) DEFINITIONS.—In this section, the following defi17 nitions apply:

18 (1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli19 gible project costs’’—

20 (A) means the capital cost of the fixed

21 guideway infrastructure of a MAGLEV project,

22 including land, piers, guideways, propulsion

23 equipment and other components attached to

24 guideways, power distribution facilities (includ25 ing substations), control and communications
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1 facilities, access roads, and storage, repair, and

2 maintenance facilities, but not including costs

3 incurred for a new station; and

4 (B) includes the costs of preconstruction

5 planning activities.

6 (2) FULL PROJECT COSTS.—The term ‘‘full

7 project costs’’ means the total capital costs of a

8 MAGLEV project, including eligible project costs

9 and the costs of stations, vehicles, and equipment.

10 (3) MAGLEV.—The term ‘‘MAGLEV’’ means

11 transportation systems employing magnetic levita12 tion that would be capable of safe use by the public

13 at a speed in excess of 240 miles per hour.

14 (4) STATE.—The term ‘‘State’’ has the mean15 ing such term has under section 101(a) of title 23,

16 United States Code.

17 (b) IN GENERAL.—

18 (1) ASSISTANCE FOR ELIGIBLE PROJECTS.—

19 The Secretary shall make available financial assist20 ance to pay the Federal share of full project costs

21 of eligible projects authorized by this section.

22 (2) USE OFASSISTANCE.—Financial assistance

23 provided under paragraph (1) shall be used only to

24 pay eligible project costs of projects authorized by

25 this section.
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1 (3) APPLICABILITY OFOTHER LAWS.—Finan2 cial assistance made available under this section,

3 and projects assisted with such assistance, shall be

4 subject to section 5333(a) of title 49, United States

5 Code.

6 (c) PROJECT ELIGIBILITY.—To be eligible to receive

7 financial assistance under subsection (b), a project shall—

8 (1) involve a segment or segments of a high9 speed ground transportation corridor;

10 (2) result in an operating transportation facility

11 that provides a revenue producing service; and

12 (3) be approved by the Secretary based on an

13 application submitted to the Secretary by a State or

14 authority designated by 1 or more States.

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated from the Highway Trust

17 Fund (other than the Mass Transit Account) to carry out

18 this section $15,000,000 for fiscal year 2005 and

19 $20,000,000 for each of fiscal years 2006 through 2009.

20 (e) APPLICABILITY OF TITLE 23, UNITED STATES

21 CODE.—Funds authorized to be appropriated by this sec22 tion shall be available for obligation in the same manner

23 as if such funds were apportioned under chapter 1 of title

24 23, United States Code; except that the Federal share of

25 the full project costs of an eligible project shall be 80 per-
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1 cent, and such funds shall remain available until expended

2 and shall not be transferable.

3 SEC. 1117. RECREATIONAL TRAILS.

4 (a) RECREATIONAL TRAILS PROGRAM FORMULA.—

5 Section 104(h)(1) of title 23, United States Code, is

6 amended by striking ‘‘research and technical’’ and all that

7 follows through ‘‘Committee’’ and inserting ‘‘research,

8 technical assistance, and training under the recreational

9 trails program’’.

10 (b) PERMISSIBLE USES.—Section 206(d)(2) of such

11 title is amended to read as follows:

12 ‘‘(2) PERMISSIBLE USES.—Permissible uses of

13 funds apportioned to a State for a fiscal year to

14 carry out this section include—

15 ‘‘(A) maintenance and restoration of exist16 ing recreational trails;

17 ‘‘(B) development and rehabilitation of

18 trailside and trailhead facilities and trail link19 ages for recreational trails;

20 ‘‘(C) purchase and lease of recreational

21 trail construction and maintenance equipment;

22 ‘‘(D) construction of new recreational

23 trails, except that, in the case of new rec24 reational trails crossing Federal lands, con25 struction of the trails shall be—
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1 ‘‘(i) permissible under other law;

2 ‘‘(ii) necessary and recommended by a

3 statewide comprehensive outdoor recreation

4 plan that is required by the Land and

5 Water Conservation Fund Act of 1965 (16

6 U.S.C. 460l–4 et seq.) and that is in ef7 fect;

8 ‘‘(iii) approved by the administering

9 agency of the State designated under sub10 section (c)(1); and

11 ‘‘(iv) approved by each Federal agency

12 having jurisdiction over the affected lands

13 under such terms and conditions as the

14 head of the Federal agency determines to

15 be appropriate, except that the approval

16 shall be contingent on compliance by the

17 Federal agency with all applicable laws, in18 cluding the National Environmental Policy

19 Act of 1969 (42 U.S.C. 4321 et seq.), the

20 Forest and Rangeland Renewable Re21 sources Planning Act of 1974 (16 U.S.C.

22 1600 et seq.), and the Federal Land Policy

23 and Management Act of 1976 (43 U.S.C.

24 1701 et seq.);
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1 ‘‘(E) acquisition of easements and fee sim2 ple title to property for recreational trails or

3 recreational trail corridors;

4 ‘‘(F) assessment of trail conditions for ac5 cessibility and maintenance;

6 ‘‘(G) operation of educational programs to

7 promote safety and environmental protection as

8 those objectives relate to the use of recreational

9 trails, but in an amount not to exceed 5 percent

10 of the apportionment made to the State for the

11 fiscal year; and

12 ‘‘(H) payment of costs to the State in13 curred in administering the program, but in an

14 amount not to exceed 7 percent of the appor15 tionment made to the State for the fiscal year

16 to carry out this section.’’.

17 (c) USE OF APPORTIONMENTS.—Section 206(d)(3)

18 of such title is amended—

19 (1) by striking subparagraph (C);

20 (2) by redesignating subparagraph (D) as sub21 paragraph (C); and

22 (3) in subparagraph (C) (as so redesignated) by

23 striking ‘‘(2)(F)’’ and inserting ‘‘(2)(H)’’.

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

25 is amended—
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1 (1) in paragraph (1)—

2 (A) by inserting ‘‘and the Federal share of

3 the administrative costs of a State’’ after

4 ‘‘project’’; and

5 (B) by striking ‘‘not exceed 80 percent’’

6 and inserting ‘‘be determined in accordance

7 with section 120(b)’’;

8 (2) in paragraph (2)(A) by striking ‘‘80 percent

9 of’’ and inserting ‘‘the amount determined in accord10 ance with section 120(b) for’’;

11 (3) in paragraph (2)(B) by inserting ‘‘spon12 soring the project’’ after ‘‘Federal agency’’;

13 (4) by striking paragraph (5);

14 (5) by redesignating paragraph (4) as para15 graph (5);

16 (6) in paragraph (5) (as so redesignated) by

17 striking ‘‘80 percent’’ and inserting ‘‘the Federal

18 share as determined in accordance with section

19 120(b)’’; and

20 (7) by inserting after paragraph (3) the fol21 lowing:

22 ‘‘(4) USE OFRECREATIONAL TRAILS PROGRAM

23 FUNDS TO MATCH OTHER FEDERAL PROGRAM

24 FUNDS.—Notwithstanding any other provision of

25 law, funds made available under this section may be
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1 used toward the non-Federal matching share for

2 other Federal program funds that are—

3 ‘‘(A) expended in accordance with the re4 quirements of the Federal program relating to

5 activities funded and populations served; and

6 ‘‘(B) expended on a project that is eligible

7 for assistance under this section.’’.

8 (e) PLANNING AND ENVIRONMENTAL ASSESSMENT

9 COSTS INCURRED PRIOR TO PROJECT APPROVAL.—Sec10 tion 206(h)(1) of such title is amended by adding at the

11 end the following:

12 ‘‘(C) PLANNING AND ENVIRONMENTAL AS13 SESSMENT COSTS INCURRED PRIOR TO PROJECT

14 APPROVAL.—The Secretary may allow pre-ap15 proval planning and environmental compliance

16 costs to be credited toward the non-Federal

17 share of the cost of a project described under

18 subsection (d)(2) (other than subparagraph (I))

19 in accordance with subsection (f), limited to

20 costs incurred less than 18 months prior to

21 project approval.’’.

22 (f) ENCOURAGEMENT OF USE OF YOUTH CONSERVA23 TION OR SERVICE CORPS.—The Secretary shall encourage

24 the States to enter into contracts and cooperative agree25 ments with qualified youth conservation or service corps
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1 to perform construction and maintenance of recreational

2 trails under section 206 of title 23, United States Code.

3 SEC. 1118. FEDERAL LANDS HIGHWAYS.

4 (a) CONTRACTS AND AGREEMENTS WITH INDIAN

5 TRIBES.—Section 202(d)(3) of title 23, United States

6 Code, is amended to read as follows:

7 ‘‘(3) CONTRACTS AND AGREEMENTS WITH IN8 DIAN TRIBES.—

9 ‘‘(A) IN GENERAL.—Notwithstanding any

10 other provision of law or any interagency agree11 ment, program guideline, manual, or policy di12 rective, all funds made available to an Indian

13 tribal government under this title for a high14 way, road, bridge, parkway, or transit facility

15 project that is located on an Indian reservation

16 or provides access to the reservation or a com17 munity of the Indian tribe shall be made avail18 able, on the request of the Indian tribal govern19 ment, to the Indian tribal government for use

20 in carrying out, in accordance with the Indian

21 Self-Determination and Education Assistance

22 Act (25 U.S.C. 450 et seq.), contracts and

23 agreements for the planning, research, engi24 neering, and construction relating to such

25 project.
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1 ‘‘(B) EXCLUSION OFAGENCY PARTICIPA2 TION.—In accordance with subparagraph (A),

3 all funds for a project to which subparagraph

4 (A) applies shall be paid to the Indian tribal

5 government without regard to the organiza6 tional level at which the Department of the In7 terior has previously carried out, or the Depart8 ment of Transportation has previously carried

9 out under the Federal lands highway programs,

10 the programs, functions, services, or activities

11 involved.

12 ‘‘(C) CONSORTIA.—Two or more Indian

13 tribes that are otherwise eligible to participate

14 in a project to which this title applies may form

15 a consortium to be considered as a single In16 dian tribe for the purpose of participating in

17 the project under this section.

18 ‘‘(D) FUNDING.—The amount an Indian

19 tribal government receives for a project under

20 subparagraph (A) shall equal the sum of the

21 funding that the Indian tribal government

22 would otherwise receive for the project in ac23 cordance with the funding formula established

24 under this subsection and such additional

25 amount as the Secretary determines equal the
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1 amounts that would have been withheld for the

2 costs of the Bureau of Indian Affairs for ad3 ministration of the project.

4 ‘‘(E) ELIGIBILITY.—An Indian tribal gov5 ernment may receive funding under subpara6 graph (A) for a project in a fiscal year if the

7 Indian tribal government demonstrates to the

8 satisfaction of the Secretary financial stability

9 and financial management capability as dem10 onstrated in the annual auditing required under

11 the Indian Self-Determination and Education

12 Assistance Act (25 U.S.C. 450 et seq.) and,

13 during the preceding fiscal year, had no uncor14 rected significant and material audit exceptions

15 in the required annual audit of the Indian

16 tribe’s self-determination contracts or self-gov17 ernance funding agreements with any Federal

18 agency.

19 ‘‘(F) ASSUMPTION OFFUNCTIONS AND DU20 TIES.—An Indian tribal government receiving

21 funding under subparagraph (A) for a project

22 shall assume all functions and duties that the

23 Secretary of the Interior would have performed

24 with respect to projects under this chapter,

25 other than those functions and duties that in-
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1 herently cannot be legally transferred under the

2 Indian Self-Determination and Education As3 sistance Act (25 U.S.C. 450b et seq.).

4 ‘‘(G) POWERS.—An Indian tribal govern5 ment receiving funding under subparagraph (A)

6 for a project shall have all powers that the Sec7 retary of the Interior would have exercised in

8 administering the funds transferred to the In9 dian tribal government for such project under

10 this section if such funds had not been trans11 ferred, except to the extent that such powers

12 are powers that inherently cannot be legally

13 transferred under the Indian Self-Determina14 tion and Education Assistance Act (25 U.S.C.

15 450b et seq.).

16 ‘‘(H) DISPUTE RESOLUTION.—In the event

17 of a disagreement between the Secretary of

18 Transportation or the Secretary of the Interior

19 and an Indian tribe over whether a particular

20 function, duty, or power may be lawfully trans21 ferred under the Indian Self-Determination and

22 Education Assistance Act (25 U.S.C. 450b et

23 seq.), the Indian tribe shall have the right to

24 pursue all alternative dispute resolutions and

25 appeal procedures authorized by such Act, in-
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1 cluding regulations issued to carry out such

2 Act.’’.

3 (b) ALASKA NATIVE VILLAGE INVENTORY.—Section

4 202(d)(2) of such title is amended by adding at the end

5 the following:

6 ‘‘(E) ALASKA NATIVE ROAD INVENTORY.—

7 ‘‘(i) IN GENERAL.—For fiscal year

8 2004 and each fiscal year thereafter, any

9 allocation of sums authorized to be appro10 priated for Indian reservation roads in

11 Alaska shall be based on an inventory of

12 roads within the exterior boundaries of vil13 lage corporation land selected pursuant to

14 the Alaska Native Claims Settlement Act

15 (43 U.S.C. 1601 et seq.) that includes all

16 routes previously included in such an in17 ventory. The Secretary of Transportation

18 and the Secretary of the Interior may in19 clude, in the inventory of roads, those pro20 posed for inclusion by tribal village govern21 ments from among community streets

22 within the village and those proposed pri23 mary access routes for inclusion by tribal

24 village governments, including roads and

25 trails between villages (including links over
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1 water), roads and trails to landfills, roads

2 and trails to drinking water sources, roads

3 and trails to natural resources identified

4 for economic development, and roads and

5 trails that provide access to intermodal ter6 mini, such as airports, harbors, or boat

7 landings.

8 ‘‘(ii) LIMITATION ON PRIMARY ACCESS

9 ROUTES.—For purposes of this subpara10 graph, a proposed primary access route is

11 the shortest practicable route connecting 2

12 points of the proposed route.’’.

13 (c) GRANTS FOR FINANCING TRANSPORTATION

14 DEBT.—Section 202(d) or such title is amended by insert15 ing before the period at the end the following: ‘‘; except

16 that the Secretary may use up to 3 percent of such funds

17 for making grants to Indian tribes for the purpose of fi18 nancing transportation debt for individual Indian reserva19 tion roads subject to all requirements governing Federal

20 assistance for Indian roads under this section and section

21 204’’.

22 (d) DEPUTY ASSISTANT SECRETARY OF TRANSPOR23 TATION FOR TRIBAL GOVERNMENT AFFAIRS.—Section

24 102 of title 49, United States Code, is amended—
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1 (1) by redesignating subsections (f) and (g) as

2 subsections (g) and (h), respectively; and

3 (2) by inserting after subsection (e) the fol4 lowing:

5 ‘‘(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL

6 GOVERNMENT AFFAIRS.—The Department of Transpor7 tation shall have, within the office of the Secretary, a Dep8 uty Assistant Secretary for Tribal Government Affairs ap9 pointed by the President to plan, coordinate, and imple10 ment the Department of Transportation policy and pro11 grams serving Indian tribes and tribal organizations and

12 to coordinate tribal transportation programs and activities

13 in all offices and administrations of the Department and

14 to be a participant in any negotiated rulemaking related

15 to, or has impact on, projects, programs, or funding asso16 ciated with the tribal transportation program.’’.

17 (e) ALASKA NATIVE VILLAGE TRANSPORTATION

18 PROGRAM.—

19 (1) ESTABLISHMENT.—Not later than 3

20 months after the date of enactment of this Act, the

21 Secretary and the Denali Commission, in coordina22 tion with the Alaska Federation of Natives, shall es23 tablish an Alaska Native Village transportation pro24 gram to pay the costs of planning, design, construc25 tion, and maintenance of road and other surface
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1 transportation facilities identified by Alaska Native

2 Villages.

3 (2) ALASKA NATIVE VILLAGE DEFINED.—In

4 this subsection, the term ‘‘Alaska Native Village’’

5 has the same meaning such term has as used by the

6 Bureau of Indian Affairs in administering the In7 dian reservation road program under section 202 of

8 title 23, United States Code.

9 SEC. 1119. CONSERVATION MEASURES.

10 (a) REFUGE ROADS.—Section 204(k)(1) of title 23,

11 United States Code, is amended—

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (B);

14 (2) by redesigning subparagraph (C) as sub15 paragraph (D);

16 (3) by inserting after subparagraph (B) the fol17 lowing:

18 ‘‘(C) construction, maintenance, and im19 provement of wildlife observation infrastructure;

20 and’’; and

21 (4) in subparagraph (D) (as so redesignated)

22 by striking ‘‘maintenance and improvements’’ and

23 inserting ‘‘construction, maintenance, and improve24 ments’’.
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1 (b) FOREST HIGHWAYS.—Of the amounts made

2 available for public lands highways under section 1101—

3 (1) not to exceed $20,000,000 per fiscal year

4 may be used for the maintenance of forest highways;

5 (2) not to exceed $2,500,000 per fiscal year

6 may be used to repair culverts and bridges on forest

7 highways to facilitate appropriate fish passage and

8 ensure reasonable flows and to maintain and remove

9 such culverts and bridges as appropriate; and

10 (3) not to exceed $1,000,000 per fiscal year

11 may be used for signage identifying public hunting

12 and fishing access.

13 (c) WILDLIFE VEHICLE COLLISION REDUCTION

14 STUDY.—

15 (1) IN GENERAL.—The Secretary shall conduct

16 a study of methods to reduce collisions between

17 motor vehicles and wildlife (in this subsection re18 ferred to as ‘‘wildlife vehicle collisions’’).

19 (2) CONTENTS.—

20 (A) AREAS OFSTUDY.—The study shall in21 clude an assessment of the causes and impacts

22 of wildlife vehicle collisions and solutions and

23 best practices for reducing such collisions.
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1 (B) METHODS FOR CONDUCTING THE

2 STUDY.—In carrying out the study, the Sec3 retary shall—

4 (i) conduct a thorough literature re5 view; and

6 (ii) survey current practices of the

7 Department of Transportation.

8 (3) CONSULTATION.—In carrying out the study,

9 the Secretary shall consult with appropriate experts

10 in the field of wildlife vehicle collisions.

11 (4) REPORT.—

12 (A) IN GENERAL.—Not later than 2 years

13 after the date of enactment of this Act, the Sec14 retary shall transmit to Congress a report on

15 the results of the study.

16 (B) CONTENTS.—The report shall include

17 a description of each of the following:

18 (i) Causes of wildlife vehicle collisions.

19 (ii) Impacts of wildlife vehicle colli20 sions.

21 (iii) Solutions to and prevention of

22 wildlife vehicle collisions.

23 (5) MANUAL.—

24 (A) DEVELOPMENT.—Based upon the re25 sults of the study, the Secretary shall develop a
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1 best practices manual to support State efforts

2 to reduce wildlife vehicle collisions.

3 (B) AVAILABILITY.—The manual shall be

4 made available to States not later than 1 year

5 after the date of transmission of the report

6 under paragraph (4).

7 (C) CONTENTS.—The manual shall in8 clude, at a minimum, the following:

9 (i) A list of best practices addressing

10 wildlife vehicle collisions.

11 (ii) A list of information, technical,

12 and funding resources for addressing wild13 life vehicle collisions.

14 (iii) Recommendations for addressing

15 wildlife vehicle collisions.

16 (iv) Guidance for developing a State

17 action plan to address wildlife vehicle colli18 sions

19 (6) TRAINING.—Based upon the manual devel20 oped under paragraph (5), the Secretary shall de21 velop a training course on addressing wildlife vehicle

22 collisions for transportation professionals.

23 SEC. 1120. PEDESTRIAN AND CYCLIST EQUITY.

24 (a) SAFE ROUTES TO SCHOOL PROGRAM.—
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1 (1) ESTABLISHMENT.—Subject to the require2 ments of this subsection, the Secretary shall estab3 lish and carry out a safe routes to school program

4 for the benefit of children in primary and middle

5 schools.

6 (2) PURPOSES.—The purposes of the program

7 shall be—

8 (A) to enable and encourage children, in9 cluding those with disabilities, to walk and bicy10 cle to school;

11 (B) to make bicycling and walking to

12 school a safer and more appealing transpor13 tation alternative, thereby encouraging a

14 healthy and active lifestyle from an early age;

15 and

16 (C) to facilitate the planning, development,

17 and implementation of projects and activities

18 that will improve safety and reduce traffic, fuel

19 consumption, and air pollution in the vicinity of

20 schools.

21 (3) APPORTIONMENT OFFUNDS.—

22 (A) IN GENERAL.—Subject to subpara23 graphs (B) and (C), amounts made available to

24 carry out this subsection for a fiscal year shall
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1 be apportioned among the States in the ratio

2 that—

3 (i) the total student enrollment in pri4 mary and middle schools in each State;

5 bears to

6 (ii) the total student enrollment in

7 primary and middle schools in all the

8 States.

9 (B) MINIMUM APPORTIONMENT.—No

10 State shall receive an apportionment under this

11 subsection for a fiscal year of less than

12 $2,000,000.

13 (C) SET-ASIDE.—Before apportioning

14 amounts made available to carry out this sub15 section under this paragraph for a fiscal year,

16 the Secretary shall set aside not more than 2

17 percent of such amounts for the administrative

18 expenses of the Secretary in carrying out this

19 subsection.

20 (D) DETERMINATION OFSTUDENT EN21 ROLLMENTS.—Determinations under this para22 graph concerning student enrollments shall be

23 made by the Secretary.

24 (4) ADMINISTRATION OFAMOUNTS.—Amounts

25 apportioned to a State under this subsection shall be
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1 administered by the State’s department of transpor2 tation.

3 (5) ELIGIBLE RECIPIENTS.—Amounts appor4 tioned to a State under this subsection shall be used

5 by the State to provide financial assistance to State,

6 local, and regional agencies, including nonprofit or7 ganizations, that demonstrate an ability to meet the

8 requirements of this subsection.

9 (6) ELIGIBLE PROJECTS AND ACTIVITIES.—

10 (A) INFRASTRUCTURE-RELATED

11 PROJECTS.—

12 (i) IN GENERAL.—Amounts appor13 tioned to a State under this subsection

14 may be used for the planning, design, and

15 construction of infrastructure-related

16 projects that will substantially improve the

17 ability of students to walk and bike to

18 school, including sidewalk improvements,

19 traffic calming and speed reduction im20 provements, pedestrian and bicycle cross21 ing improvements, on-street bicycle facili22 ties, off-street bicycle and pedestrian facili23 ties, secure bicycle parking facilities, and

24 traffic diversion improvements in the vicin25 ity of schools.
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1 (ii) LOCATION OFPROJECTS.—Infra2 structure-related projects under subpara3 graph (A) may be carried out on any pub4 lic road or any bicycle or pedestrian path5 way or trail in the vicinity of schools.

6 (B) NONINFRASTRUCTURE-RELATED AC7 TIVITIES.—

8 (i) IN GENERAL.—In addition to

9 projects described in subparagraph (A),

10 amounts apportioned to a State under this

11 subsection may be used for noninfrastruc12 ture-related activities to encourage walking

13 and bicycling to school, including public

14 awareness campaigns and outreach to

15 press and community leaders, traffic edu16 cation and enforcement in the vicinity of

17 schools, student sessions on bicycle and pe18 destrian safety, health, and environment,

19 and funding for training, volunteers, and

20 managers of safe routes to school pro21 grams.

22 (ii) ALLOCATION.—Not less than 10

23 percent and not more than 30 percent of

24 the amount apportioned to a State under

25 this subsection for a fiscal year shall be
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1 used for noninfrastructure-related activities

2 under this subparagraph.

3 (C) SAFE ROUTES TO SCHOOL COORDI4 NATOR.—Each State receiving an apportion5 ment under this subsection for a fiscal year

6 shall use a sufficient amount of the apportion7 ment to fund a full-time position of coordinator

8 of the State’s safe routes to school program.

9 (7) CLEARINGHOUSE.—

10 (A) IN GENERAL.—The Secretary shall

11 make grants to a national nonprofit organiza12 tion engaged in promoting safe routes to

13 schools to—

14 (i) operate a national safe routes to

15 school clearinghouse;

16 (ii) develop information and edu17 cational programs on safe routes to school;

18 and

19 (iii) provide technical assistance and

20 disseminate techniques and strategies used

21 for successful safe routes to school pro22 grams.

23 (B) FUNDING.—The Secretary shall carry

24 out this paragraph using amounts set aside for
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1 administrative expenses under paragraph

2 (3)(C).

3 (8) TASK FORCE.—

4 (A) IN GENERAL.—The Secretary shall es5 tablish a national safe routes to school task

6 force composed of leaders in health, transpor7 tation, and education, including representatives

8 of appropriate Federal agencies, to study and

9 develop a strategy for advancing safe routes to

10 school programs nationwide.

11 (B) REPORT.—Not later than March 30,

12 2005, the Secretary shall transmit to Congress

13 a report containing the results of the study con14 ducted, and a description of the strategy devel15 oped, under subparagraph (A) and information

16 regarding the use of funds for infrastructure-re17 lated and noninfrastructure-related activities

18 under subparagraphs (A) and (B) of paragraph

19 (6).

20 (C) FUNDING.—The Secretary shall carry

21 out this paragraph using amounts set aside for

22 administrative expenses under paragraph

23 (3)(C).

24 (9) APPLICABILITY OFTITLE 23.—Funds made

25 available to carry out this subsection shall be avail-
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1 able for obligation in the same manner as if such

2 funds were apportioned under chapter 1 of title 23,

3 United States Code; except that such funds shall not

4 be transferable and shall remain available until ex5 pended and the Federal share of the cost of a

6 project or activity under this section shall be 100

7 percent. Notwithstanding any other provision of law,

8 projects assisted under this subsection shall be treat9 ed as projects on a Federal-aid system under such

10 chapter.

11 (10) DEFINITIONS.—In this subsection, the fol12 lowing definitions apply:

13 (A) IN THE VICINITY OFSCHOOLS.—The

14 term ‘‘in the vicinity of schools’’ means, with

15 respect to a school, the area within bicycling

16 and walking distance of the school (approxi17 mately 2 miles).

18 (B) PRIMARY AND MIDDLE SCHOOLS.—

19 The term ‘‘primary and middle schools’’ means

20 schools providing education from kindergarten

21 through eighth grade.

22 (C) STATE.—The term ‘‘State’’ has the

23 meaning such term has in section 101(a) of

24 title 23, United States Code.
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1 (b) NONMOTORIZED TRANSPORTATION PILOT PRO2 GRAM.—

3 (1) ESTABLISHMENT.—The Secretary shall es4 tablish and carry out a nonmotorized transportation

5 pilot program to construct, in 4 communities se6 lected by the Secretary, a network of nonmotorized

7 transportation infrastructure facilities, including

8 sidewalks, bicycle lanes, and pedestrian and bicycle

9 trails, that connect directly with transit stations,

10 schools, residences, businesses, recreation areas, and

11 other community activity centers.

12 (2) PURPOSE.—The purpose of the program

13 shall be to demonstrate the extent to which bicycling

14 and walking can carry a significant part of the

15 transportation load, and represent a major portion

16 of the transportation solution, within selected com17 munities.

18 (3) GRANTS.—In carrying out the program, the

19 Secretary may make grants to State, local, and re20 gional agencies, that the Secretary determines are

21 suitably equipped and organized to carry out the ob22 jectives and requirements of this subsection. An

23 agency that receives a grant under this subsection

24 may suballocate grant funds to a nonprofit organiza25 tion to carry out the program under this subsection.
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1 (4) APPLICABILITY OFTITLE 23.—Funds made

2 available to carry out this subsection shall be avail3 able for obligation in the same manner as if such

4 funds were apportioned under chapter 1 of title 23,

5 United States Code; except that the Federal share of

6 the cost of a project carried out under this sub7 section shall be 80 percent, and such funds shall not

8 be transferable and shall remain available until ex9 pended.

10 (5) STATISTICAL INFORMATION.—In carrying

11 out the program, the Secretary shall develop statis12 tical information on changes in motor vehicle, non13 motorized transportation, and public transportation

14 usage in communities participating in the program

15 and assess how such changes decrease congestion

16 and energy usage, increase the frequency of biking

17 and walking, and promote better health and a clean18 er environment.

19 (6) REPORTS.—The Secretary shall transmit to

20 Congress an interim report not later than September

21 30, 2007, and a final report not later than Sep22 tember 30, 2010, on the results of the program.

23 SEC. 1121. NATIONAL COMMISSIONS.

24 (a) NATIONAL COMMISSION ON FUTURE REVENUE

25 SOURCES TO SUPPORT THE HIGHWAY TRUST FUND.—
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1 (1) ESTABLISHMENT.—There is established a

2 National Commission on Future Revenue Sources to

3 Support the Highway Trust Fund to conduct—

4 (A) a study evaluating alternative short5 term sources of Highway Trust Fund revenue

6 to support the requirements of section 1124;

7 and

8 (B) a study evaluating alternative long9 term sources of revenue to support the Highway

10 Trust Fund, considering the findings, conclu11 sions, and recommendations of a recent study

12 by the Transportation Research Board of the

13 National Academy of Sciences on alternatives to

14 the fuel tax to support highway program financ15 ing and other relevant prior research.

16 (2) FUNCTIONS.—The Commission shall—

17 (A) develop recommendations to generate

18 Highway Trust Fund revenue necessary to ac19 complish the requirements of section 1124;

20 (B) oversee a comprehensive investigation

21 of alternatives to replace the fuel tax as the

22 principal revenue source to support the High23 way Trust Fund over at least the next 30 years;

24 (C) consult with the Secretary of Trans25 portation and the Secretary of the Treasury to
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1 assure that their views concerning essential at2 tributes of Highway Trust Fund revenue alter3 natives are understood;

4 (D) assure that State transportation agen5 cy views on alternative revenue sources to sup6 port State transportation improvement pro7 grams are appropriately considered and that

8 any recommended Federal financing strategy

9 take into account State financial requirements;

10 and

11 (E) make specific recommendations re12 garding actions that need to be taken to develop

13 alternative revenue sources to support the

14 Highway Trust Fund and when those actions

15 must be taken.

16 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

17 The study under paragraph (1)(B)shall address

18 specifically—

19 (A) advantages and disadvantages of alter20 native revenue sources to meet anticipated Fed21 eral surface transportation financial require22 ments;

23 (B) the time frame within which actions

24 must be taken to transition from the fuel tax to
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1 alternative revenue sources to support the

2 Highway Trust Fund;

3 (C) recommendations concerning the most

4 promising revenue sources to support long-term

5 Federal surface transportation financing re6 quirements;

7 (D) development of a broad transition

8 strategy to move from the current tax base to

9 new funding mechanisms, including the time

10 frame for various aspects of the transition

11 strategy;

12 (E) recommendations for additional re13 search that may be needed to implement rec14 ommended alternatives; and

15 (F) the extent to which revenues should re16 flect the relative use of the highway system.

17 (4) MATTERS TO CONSIDER AND EVALUATE.—

18 To the maximum extent feasible, the Commission, in

19 conducting the study under paragraph (1)(B), shall

20 consider and evaluate other related work that has

21 been done by the Department of Transportation, the

22 Department of Energy, the Transportation Research

23 Board, and others. In developing recommendations

24 under paragraph (2), the Commission shall

25 consider—
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1 (A) the ability to generate sufficient reve2 nues to meet anticipated long term surface

3 transportation financing needs;

4 (B) the roles of the various levels of gov5 ernment and the private sector in meeting fu6 ture surface transportation financing needs;

7 (C) administrative costs, including enforce8 ment, to implement each option;

9 (D) potential taxpayer privacy concerns;

10 (E) likely technological advances that could

11 ease implementation of each option;

12 (F) the equity and economic efficiency of

13 each option;

14 (G) the flexibility of different options to

15 allow various pricing alternatives to be imple16 mented; and

17 (H) potential compatibility issues with

18 States tax mechanisms under each alternative.

19 (5) MEMBERSHIP.—

20 (A) COMPOSITION.—The Commission shall

21 be composed of nine members of whom—

22 (i) three members shall be appointed

23 by the Secretary;
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1 (ii) two members shall be appointed

2 by the Speaker of the House of Represent3 atives;

4 (iii) one member shall be appointed by

5 the minority leader of the House of Rep6 resentatives;

7 (iv) two members shall be appointed

8 by the majority leader of the Senate; and

9 (v) one member shall be appointed by

10 the minority leader of the Senate.

11 (B) QUALIFICATIONS.—Members ap12 pointed under subparagraph (A) shall have ex13 perience in public finance, surface transpor14 tation program administration, managing orga15 nizations that use surface transportation facili16 ties, academic research into related issues, or

17 other activities that provide unique perspectives

18 on current and future requirements for revenue

19 sources to support the Highway Trust Fund.

20 (C) TERMS.—Members shall be appointed

21 for the life of the Commission.

22 (D) VACANCIES.—A vacancy on the Com23 mission shall be filled in the manner in which

24 the original appointment was made.
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1 (E) TRAVEL EXPENSES.—Members shall

2 serve without pay but shall receive travel ex3 penses, including per diem in lieu of subsist4 ence, in accordance with sections 5702 and

5 5703 of title 5, United States Code.

6 (F) CHAIRMAN.—The Chairman of the

7 Commission shall be elected by the members.

8 (6) STAFF.—

9 (A) IN GENERAL.—The Commission may

10 engage the services of an appropriate organiza11 tion, agency, or firm to conduct the studies

12 under this subsection, but the Commission shall

13 provide strategic guidance for the studies.

14 (B) DETAIL STAFF.—Upon request of the

15 Commission, the Secretary may detail, on a re16 imbursable basis, any of the personnel of the

17 Department of Transportation to the Commis18 sion to assist the Commission in carrying out

19 its duties under this subsection.

20 (C) COOPERATION.—The Secretary shall

21 cooperate with the Commission in conducting

22 the studies under this subsection, including pro23 viding the Commission with such nonconfiden24 tial data and information as necessary for con25 ducting and completing the study.
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1 (7) ADMINISTRATIVE SUPPORT SERVICES.—

2 Upon the request of the Commission, the Secretary

3 shall provide to the Commission, on a reimbursable

4 basis, the administrative support and services nec5 essary for the Commission to carry out its respon6 sibilities under this subsection.

7 (8) REPORTS AND RECOMMENDATIONS.—

8 (A) REVENUE ACTIONS.—Not later than

9 September 30, 2005, the Commission shall

10 transmit to Congress a report on revenue ac11 tions that would support the requirements of

12 section 1124.

13 (B) ALTERNATIVE LONG-TERM SOURCES

14 OFREVENUE.—Not later than September 30,

15 2006, the Commission shall transmit to Con16 gress a report on the results of the study con17 ducted under paragraph (1)(B), relating to al18 ternative long-term sources of revenue to sup19 port the Highway Trust Fund, including rec20 ommendations to address the needs identified in

21 the study.

22 (9) TERMINATION.—The Commission shall ter23 minate on the 180th day following the date of trans24 mittal of the report under paragraph (8)(B). By

25 such 180th day, the Commission shall deliver all
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1 records and papers of the Commission to the Archi2 vist of the United States for deposit in the National

3 Archives.

4 (10) AUTHORIZATION OFAPPROPRIATIONS.—

5 There is authorized to be appropriated from the

6 Highway Trust Fund (other than the Mass Transit

7 Account) $1,500,000 for each of fiscal years 2004

8 and 2005 to carry out this subsection.

9 (11) APPLICABILITY OFTITLE 23.—Funds

10 made available to carry out this subsection shall be

11 available for obligation in the same manner as if

12 such funds were apportioned under chapter 1 of title

13 23, United States Code; except that the Federal

14 share of the cost of activities carried out under this

15 subsection shall be 100 percent, and such funds

16 shall remain available until expended.

17 (b) DECLARATION OF POLICY REGARDING FUTURE

18 OFTHE INTERSTATE HIGHWAY SYSTEM STUDY.—Section

19 101(b) of title 23, United States Code, is amended by

20 striking the last paragraph and inserting the following: ‘‘It

21 is further declared that it is in the national interest to

22 preserve and enhance the Dwight D. Eisenhower National

23 System of Interstate and Defense Highways to meet the

24 Nation’s needs for the 21st century. The current urban

25 and long distance personal travel and freight movement
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1 demands have surpassed the vision of the original Inter2 state System and travel demand patterns are expected to

3 change. Continued planning for and investment in the

4 Interstate System is critical to assure it adequately meets

5 the changing travel demands of the future. Among the

6 foremost needs that the Interstate System must provide

7 are safe, efficient, and reliable (1) national and inter8 regional personal mobility, (2) flow of interstate com9 merce, and (3) travel movements essential for national se10 curity. To the maximum extent, actions under this title

11 should address congestion, safety, and freight transpor12 tation to provide for a strong and vigorous national econ13 omy. The Interstate System is hereby declared to be the

14 Nation’s premiere highway system, essential for the Na15 tion’s economic vitality, national security, and general wel16 fare. The Secretary of Transportation is directed to take

17 appropriate actions to preserve and enhance the Interstate

18 System to meet the needs of the 21st century in accord19 ance with this title.’’.

20 (c) NATIONAL COMMISSION ON FUTURE OF INTER21 STATE HIGHWAY SYSTEM.—

22 (1) ESTABLISHMENT.—There is established a

23 National Commission on the Future of the Dwight

24 D. Eisenhower National System of Interstate and
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1 Defense Highways (in this subsection referred to as

2 the ‘‘Interstate System’’).

3 (2) FUNCTION.—The Commission shall—

4 (A) conduct a study of the current condi5 tion and future of the Interstate System and

6 develop a conceptual plan with alternative ap7 proaches for the future of the Interstate System

8 to assure that the Interstate System will con9 tinue to serve the needs of the Nation;

10 (B) assure that State transportation agen11 cy views are considered; and

12 (C) make specific recommendations regard13 ing those design standards, Federal policies,

14 and legislative changes that must be made to

15 assure the national interests are served in meet16 ing future Interstate System needs.

17 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

18 The Commission shall assure that the study under

19 this subsection specifically addresses the following:

20 (A) CURRENT CONDITION.—The current

21 condition and performance of the Interstate

22 System, including physical condition of bridges

23 and pavements and operational characteristics

24 and performance, shall be examined, relying

25 primarily on existing data sources.
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1 (B) FUTURE ASSESSMENT.—The future of

2 the Interstate System, based on a range of leg3 islative and policy approaches for 15-, 30-, and

4 50-year horizons.

5 (4) SPECIFIC ISSUES AND DETAILS TO AD6 DRESS.—The following specific issues and details

7 shall be addressed as a part of the study under this

8 subsection:

9 (A) DEMOGRAPHICS.—Expected demo10 graphics and business uses that impact trans11 portation.

12 (B) USAGE.—Expected system use and ef13 fects of changing vehicle types, fleet size and

14 weights, and traffic volumes.

15 (C) NATURAL DISASTER.—Seismic and

16 other vulnerabilities and their potential impacts.

17 (D) DESIGN STANDARDS.—Desirable de18 sign policies and standards for future improve19 ments, including safety improvement and addi20 tional access points.

21 (E) SYSTEM WIDE NEEDS.—Identification

22 of both urban and rural needs.

23 (F) POTENTIAL SYSTEM EXPANSION, UP24 GRADES, OR OTHER CHANGES.—Deployment of

25 advanced materials and intelligent technologies;
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1 critical multi-state rural corridors needing ca2 pacity, safety, and operational enhancements;

3 urban and multi-state corridor additions; by4 passes of major cities that ensure efficient long5 haul travel; improvements to inter-modal link6 ages; strategies to enhance asset preservation;

7 and implementation strategies.

8 (G) COMMUNITY VALUES.—Consideration

9 of alternative approaches to maintaining or en10 hancing community values in those neighbor11 hoods adjacent to the Interstate System.

12 (H) ENVIRONMENTAL ISSUES.—Consider13 ation of alternative approaches to addressing

14 environmental concerns relative to rec15 ommended alternatives.

16 (I) SYSTEM PERFORMANCE.—Evaluation

17 and assessment of the current and future capa18 bilities for conducting system-wide real-time

19 performance data collection and analysis, traffic

20 monitoring, system operations and manage21 ment.

22 (5) ALTERNATIVES.—A range of policy rec23 ommendations shall be developed as a part of the

24 plan under this subsection to address identified fu25 ture needs of the Interstate System. The alternatives
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1 shall include funding needs and potential approaches

2 to provide those funds.

3 (6) MEMBERSHIP.—

4 (A) COMPOSITION.—The Commission shall

5 be composed of nine members of whom—

6 (i) three members shall be appointed

7 by the Secretary;

8 (ii) two members shall be appointed

9 by the Speaker of the House of Represent10 atives;

11 (iii) one member shall be appointed by

12 the minority leader of the House of Rep13 resentatives;

14 (iv) two members shall be appointed

15 by the majority leader of the Senate; and

16 (v) one member shall be appointed by

17 the minority leader of the Senate.

18 (B) QUALIFICATIONS.—Members ap19 pointed under subparagraph (A) shall be ap20 pointed from among individuals that have a

21 concern for maintaining a strong role for the

22 Interstate System in the future of the Nation

23 and may include representatives from Federal,

24 State, and local governments, other transpor25 tation authorities or agencies, and organizations
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1 representing surface transportation owners and

2 operators.

3 (C) TERMS.—Members shall be appointed

4 for the life of the Commission.

5 (D) VACANCIES.—A vacancy in the Com6 mission shall be filled in the manner in which

7 the original appointment was made.

8 (E) TRAVEL EXPENSES.—Member shall

9 serve without pay but shall receive travel ex10 penses, including per diem in lieu of subsist11 ence, in accordance with sections 5702 and

12 5703 of title 5, United States Code.

13 (F) CHAIRMAN.—The Chairman of the

14 Commission shall be elected by the members.

15 (7) STAFF.—

16 (A) IN GENERAL.—The Commission may

17 engage the services of an appropriate organiza18 tion, agency, or firm to conduct the study under

19 this subsection, but the Commission shall pro20 vide strategic guidance for the study.

21 (B) DETAIL STAFF.—Upon request of the

22 Commission, the Secretary may detail, on a re23 imbursable basis, any of the personnel of the

24 Department of Transportation to the Commis-
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1 sion to assist the Commission in carrying out

2 its duties under this subsection.

3 (C) COOPERATION.—The Secretary shall

4 cooperate with the Commission in the study, in5 cluding providing the Commission with such

6 nonconfidential data and information as nec7 essary for conducting and completing the study.

8 (8) ADMINISTRATIVE SUPPORT SERVICES.—

9 Upon the request of the Commission, the Secretary

10 shall provide to the Commission, on a reimbursable

11 basis, the administrative support and services nec12 essary for the Commission to carry out its respon13 sibilities under this subsection.

14 (9) REPORT AND RECOMMENDATIONS.—Not

15 later than September 30, 2006, the Commission

16 shall transmit to Congress a final report on the re17 sults of the study conducted under this subsection,

18 including recommendations to address the needs

19 identified in the study.

20 (10) TERMINATION.—The Commission shall

21 terminate on the 180th day following the date of

22 transmittal of the report under paragraph (9). By

23 such 180th day, the Commission shall deliver all

24 records and papers of the Commission to the Archi-
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1 vist of the United States for deposit in the National

2 Archives.

3 (11) AUTHORIZATION OFAPPROPRIATIONS.—

4 There is authorized to be appropriated from the

5 Highway Trust Funds (other than the Mass Transit

6 Account) to carry out this subsection $1,000,000 for

7 each of fiscal years 2005 and 2006.

8 (12) APPLICABILITY OFTITLE 23, UNITED

9 STATES CODE.—Funds authorized to be appro10 priated by this section shall be available for obliga11 tion in the same manner as if such funds were ap12 portioned under chapter 1 of title 23, United States

13 Code; except that the Federal share of the cost of

14 activities carried out under this subsection shall be

15 100 percent and such funds shall remain available

16 until expended.

17 SEC. 1122. ADJUSTMENTS FOR THE SURFACE TRANSPOR18 TATION EXTENSION ACT OF 2003.

19 [Reserved]

20 SEC. 1123. ROADWAY SAFETY.

21 (a) ROAD SAFETY.—

22 (1) IN GENERAL.—The Secretary shall enter

23 into an agreement to assist in the activities of a na24 tional nonprofit organization that is dedicated solely

25 to improving public road safety—
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1 (A) by improving the quality of data per2 taining to public road hazards and design fea3 tures that affect or increase the severity of

4 motor vehicle crashes;

5 (B) by developing and carrying out a pub6 lic awareness campaign to educate State and

7 local transportation officials, public safety offi8 cials, and motorists regarding the extent to

9 which public road hazards and design features

10 are a factor in motor vehicle crashes; and

11 (C) by promoting public road safety re12 search and technology transfer activities.

13 (2) FUNDING.—There is authorized to be ap14 propriated from the Highway Trust Fund (other

15 than the Mass Transit Account) $500,000 for each

16 of fiscal years 2004 through 2009 to carry out this

17 subsection.

18 (3) APPLICABILITY OFTITLE 23.—Funds made

19 available by this subsection shall be available for ob20 ligation in the same manner as if such funds were

21 apportioned under chapter 1 of title 23, United

22 States Code, except that the funds shall remain

23 available until expended.

24 (b) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
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1 (1) IN GENERAL.—The Secretary shall make

2 grants to a national, not-for-profit organization en3 gaged in promoting bicycle and pedestrian safety—

4 (A) to operate a national bicycle and pe5 destrian clearinghouse;

6 (B) to develop information and educational

7 programs; and

8 (C) to disseminate techniques and strate9 gies for improving bicycle and pedestrian safety.

10 (2) FUNDING.—There is authorized to be ap11 propriated from the Highway Trust Fund (other

12 than the Mass Transit Account) $500,000 for each

13 of fiscal years 2004 through 2009 to carry out this

14 subsection.

15 (3) APPLICABILITY OFTITLE 23.—Funds made

16 available by this subsection shall be available for ob17 ligation in the same manner as if such funds were

18 apportioned under chapter 1 of title 23, United

19 States Code, except that the funds shall remain

20 available until expended.

21 SEC. 1124. EQUITY REQUIREMENT.

22 (a) GENERAL PROVISIONS.—The Secretary may not

23 apportion before August 1, 2006, any funds for any of

24 the programs referred to in subsection (b) for fiscal year
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1 2006 unless, after the date of enactment of this Act, a

2 law has been enacted that—

3 (1) increases the guaranteed rate of return pur4 suant to section 105 of title 23, United States Code,

5 to 92 percent in fiscal year 2006, 93 percent in fis6 cal year 2007, 94 percent in fiscal year 2008, and

7 95 percent in fiscal year 2009; and

8 (2) requires that each State receive apportion9 ments for such programs for each of such fiscal

10 years that in the aggregate are at least equal to the

11 greater of—

12 (A) the State’s minimum guaranteed rate

13 of return required under paragraph (1); and

14 (B) the State’s prior fiscal year’s appor15 tioned highway funds for programs referred in

16 subsection (b) plus an amount equal to the

17 State’s prior year apportioned funds for such

18 programs multiplied by the percentage increase

19 in the consumer price index during the 12-

20 month period ending June 30 of the calendar

21 year in which the fiscal year begins.

22 (b) APPLICABILITY.—The withholding of apportioned

23 funds under subsection (a) shall apply to the following

24 programs:
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1 (1) The National Highway System program

2 under section 103(b) of title 23, United States Code.

3 (2) The high priority projects program under

4 section 117 of such title.

5 (3) The Interstate maintenance program under

6 section 119 of such title.

7 (4) The surface transportation program under

8 section 133 of such title.

9 (5) Metropolitan planning under chapter 52 of

10 title 49, United States Code.

11 (6) The highway bridge replacement and reha12 bilitation program under section 144 of title 23,

13 United States Code.

14 (7) The congestion mitigation and air quality

15 improvement program under section 149 of such

16 title.

17 (8) The recreational trails program under sec18 tion 206 of such title.

19 (9) The Appalachian development highway sys20 tem under subtitle IV of title 40, United States

21 Code.

22 (10) The freight intermodal connectors program

23 under section 1303 of this Act.

24 (11) The coordinated border infrastructure pro25 gram under section 1302 of this Act.
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1 (12) The high risk rural road safety improve2 ment program under section 1403 of this Act.

3 (13) The safe routes to schools program under

4 section 1120 of this Act.

5 (14) The minimum guarantee program under

6 section 105 of title 23, United States Code.

7 (c) CONSIDERATION OF COMMISSION FINDINGS.—In

8 considering a law that increases the guaranteed rate of

9 return referred to in subsection (a), Congress should con10 sider the findings of the report on alternative short-term

11 sources of Highway Trust Fund revenue to be published

12 by the National Commission on Future Revenue Sources

13 to Support the Highway Trust Fund pursuant to section

14 1121 of this Act.

15 Subtitle B—Congestion Relief

16 SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF.

17 (a) IN GENERAL.—Title 23, United States Code, is

18 amended by inserting after section 138 the following:

19 ‘‘§ 139. Motor vehicle congestion relief

20 ‘‘(a) IN GENERAL.—Each State that has an urban21 ized area with an urbanized area population of over

22 200,000 individuals shall obligate in each of fiscal years

23 2004 through 2009 a portion of the State’s apportion24 ments under section 104(b) in such fiscal year, as cal25 culated under subsection (b), for congestion relief activi-
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1 ties in such urbanized areas in accordance with this sec2 tion.

3 ‘‘(b) CALCULATION OF AMOUNT.—The portion of a

4 State’s apportionments for a fiscal year to be obligated

5 for congestion relief activities under subsection (a) shall

6 be determined by multiplying—

7 ‘‘(1) the total of amounts apportioned to the

8 State under each of paragraphs (1), (2), (3), and (4)

9 of section 104(b) in such fiscal year; by

10 ‘‘(2) 10 percent; by

11 ‘‘(3) the percentage of the State’s population

12 residing in urbanized areas of the State with an ur13 banized area population of over 200,000 individuals.

14 ‘‘(c) ALLOCATION BETWEEN UNDER ONE AND

15 UNDER THREE CONGESTION RELIEF ACTIVITIES.—Of

16 the total amount of a State’s apportionments to be obli17 gated for congestion relief activities for a fiscal year as

18 calculated under subsection (b)—

19 ‘‘(1) 40 percent shall be obligated for under one

20 congestion relief activities;

21 ‘‘(2) 35 percent shall be obligated for under

22 three congestion relief activities; and

23 ‘‘(3) 25 percent shall be obligated at the discre24 tion of the State department of transportation for 1

25 or more of the following:
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1 ‘‘(A) Under one congestion relief activities.

2 ‘‘(B) Under three congestion relief activi3 ties.

4 ‘‘(C) Capital costs for transit projects that

5 are eligible for assistance under chapter 53 of

6 title 49.

7 ‘‘(D) Demand relief projects and activities

8 that shift demand to non-peak hours or to other

9 modes of transportation or that reduce the

10 overall level of demand for roads through such

11 means as telecommuting, ridesharing, alter12 native work hour programs, and value pricing.

13 ‘‘(d) OBLIGATION OF AMOUNTS.—

14 ‘‘(1) IN GENERAL.—In complying with the re15 quirements of this section, the amounts obligated by

16 a State for congestion relief activities under sub17 section (a) shall be allocated among the individual

18 programs for which funds are apportioned under

19 sections 104(b)(1), 104(b)(2), 104(b)(3), and

20 104(b)(4).

21 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC22 TION.—Nothing in this subsection shall be construed

23 as requiring a State to obligate proportional or equal

24 amounts under sections 104(b)(1), 104(b)(2),
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1 104(b)(3), and 104(b)(4) for any congestion relief

2 activity under this section.

3 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

4 Nothing in this section shall be construed as altering or

5 otherwise affecting the applicability of the requirements

6 of this chapter (including requirements relating to the eli7 gibility of a project for assistance under the program, the

8 location of the project, and the Federal-share payable on

9 account of the project) to amounts apportioned to a State

10 for a program under section 104(b) that are obligated by

11 the State for congestion relief activities under subsection

12 (a).

13 ‘‘(f) JOINT RESPONSIBILITY.—Each State, each af14 fected metropolitan planning organization, and the Sec15 retary shall jointly ensure compliance with this section.

16 ‘‘(g) TRANSFERS.—

17 ‘‘(1) IN GENERAL.—A State may transfer a

18 portion of the amount that the State must obligate

19 for under one congestion relief activities in a fiscal

20 year under this section to the amount the State

21 must obligate for under three congestion relief ac22 tivities under this section if the State certifies to the

23 Secretary that there are no under one congestion re24 lief activities for which such portion can be obligated

25 in such fiscal year and the Secretary does not dis-
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1 approve such transfer within 30 days after the date

2 of such certification.

3 ‘‘(2) LIMITATION.—The amount that a State

4 may transfer in a fiscal year under this subsection

5 may not reduce the amount the State must obligate

6 for under one congestion relief activities to less than

7 10 percent of the total amount of the State’s appor8 tionments to be obligated for congestion relief activi9 ties for such fiscal year as calculated under sub10 section (b).

11 ‘‘(3) TREATMENT.—Amounts transferred by a

12 State under this subsection for a fiscal year shall be

13 included in the amount of the State’s apportion14 ments allocated for under three congestion relief ac15 tivities for such fiscal year under subsection (c)(2).

16 ‘‘(h) DEFINITIONS.—In this section, the following

17 definitions apply:

18 ‘‘(1) CONGESTION RELIEFACTIVITIES.—

19 ‘‘(A) IN GENERAL.—The term ‘congestion

20 relief activity’ means any activity, project, or

21 program that has as its primary purpose, as de22 termined by the State transportation depart23 ment, the relief of motor vehicle congestion.

24 ‘‘(B) INCLUSIONS.—Such term includes

25 the following:
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1 ‘‘(i) Relief of motor vehicle congestion

2 through additional capacity, construction

3 of additional lanes, improvements to inter4 changes, improved access to major termi5 nals, construction of parallel roads, con6 struction of truck only lanes, and major

7 arterial improvements.

8 ‘‘(ii) Transportation systemwide oper9 ational improvements targeted at increas10 ing motor vehicle travel reliability through

11 such means as incident management pro12 grams, traffic monitoring and surveillance,

13 and traveler information initiatives.

14 ‘‘(iii) Maximizing efficient use of ex15 isting motor vehicle travel capacity through

16 such means as reversible lanes, coordinated

17 traffic signalization, and managed lanes or

18 other lane management strategies.

19 ‘‘(C) EXCLUSIONS.—Such term does not

20 include demand relief projects and activities

21 that shift demand to non-peak hours or to other

22 modes of transportation or that reduce the

23 overall level of demand for roads through such

24 means as telecommuting, ridesharing, alter25 native work hour programs, and value pricing.
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1 ‘‘(2) UNDER ONE CONGESTION RELIEFACTIVI2 TIES.—The term ‘under one congestion relief activ3 ity’ means a congestion relief activity that—

4 ‘‘(A) will be completed within one year

5 after the date of commencement of onsite im6 provements;

7 ‘‘(B) has a total projected cost of less than

8 $1,000,000; and

9 ‘‘(C) will improve conditions in the applica10 ble urbanized area or is an element of the con11 gestion management system of the applicable

12 metropolitan planning organization.

13 ‘‘(3) UNDER THREE CONGESTION RELIEFAC14 TIVITIES.—The term ‘under three congestion relief

15 activities’ means congestion relief activities that—

16 ‘‘(A) will be completed within 3 years after

17 the date of commencement of onsite improve18 ments; and

19 ‘‘(B) will improve conditions in the applica20 ble urbanized area or is an element of the con21 gestion management system of the applicable

22 metropolitan planning organization.’’.

23 (b) CONFORMING AMENDMENT.—The analysis for

24 chapter I of such title is amended by inserting after the

25 item relating to section 138 the following:

‘‘139. Motor vehicle congestion relief.’’.
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1 (c) MOTOR VEHICLE DEFINED.—Title 23, United

2 States Code, is amended—

3 (1) in section 154(a)(2), relating to the defini4 tion of motor vehicle, by inserting ‘‘streets, roads,

5 and’’ before ‘‘highways’’;

6 (2) by redesignating paragraph (2) of section

7 154(a) as paragraph (38);

8 (3) by moving such redesignated paragraph

9 from section 154(a) to the end of section 101(a);

10 (4) by redesignating paragraphs (3) and (4) of

11 section 154(a) as paragraphs (2) and (3), respec12 tively;

13 (5) in section 153(i)—

14 (A) by striking paragraph (2); and

15 (B) by redesignating paragraphs (3) and

16 (4) as paragraphs (2) and (3), respectively;

17 (6) in section 164(a)(4) by striking ‘‘means’’

18 and all that follows through ‘‘rail line or’’ and in19 serting ‘‘does not include’’; and

20 (7) in section 405(f)—

21 (A) by striking paragraph (2); and

22 (B) by redesignating paragraphs (3), (4),

23 (5), and (6) as paragraphs (2), (3), (4), and

24 (5).
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1 SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND

2 OPERATIONS.

3 (a) DEFINITIONS.—

4 (1) OPERATING COSTS FOR TRAFFIC MONI5 TORING, MANAGEMENT, AND CONTROL.—Section

6 101(a)(17) of title 23, United States Code, is

7 amended by inserting ‘‘transportation systems man8 agement and operations and’’ after ‘‘associated

9 with’’.

10 (2) OPERATIONAL IMPROVEMENT.—Section

11 101(a)(18)(A)(i) of such title is amended—

12 (A) by inserting ‘‘transportation systems

13 management and operations, including’’ after

14 ‘‘for’’; and

15 (B) by inserting ‘‘equipment and programs

16 for transportation response to natural disas17 ters,’’ after ‘‘incident management programs,’’.

18 (3) TRANSPORTATION SYSTEMS MANAGEMENT

19 AND OPERATIONS.—Section 101(a) of such title is

20 further amended by adding at the end the following:

21 ‘‘(39) TRANSPORTATION SYSTEMS MANAGE22 MENT AND OPERATIONS.—

23 ‘‘(A) IN GENERAL.—The term ‘transpor24 tation systems management and operations’

25 means an integrated program to optimize the

26 performance of existing infrastructure through
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1 the implementation of multimodal and inter2 modal, cross-jurisdictional systems, services,

3 and projects designed to preserve capacity and

4 improve the security, safety, and reliability of

5 Federal-aid highways.

6 ‘‘(B) INCLUDED ACTIVITIES AND IMPROVE7 MENTS.—The term includes regional operations

8 collaboration and coordination activities be9 tween transportation and public safety agencies

10 and improvements such as traffic detection and

11 surveillance, arterial management, freeway

12 management, demand management, work zone

13 management, emergency management, elec14 tronic toll collection, automated enforcement,

15 traffic operations measures to improve capacity,

16 traffic signal coordination, optimization of traf17 fic signal timing, traffic incident management,

18 roadway weather management, traveler infor19 mation services, commercial vehicle operations,

20 traffic control, freight management, and coordi21 nation of highway, rail, transit, bicycle, and pe22 destrian operations.’’.

23 (b) CONGESTION MITIGATION AND AIR QUALITY IM24 PROVEMENT PROGRAM ELIGIBILITY.—Section 149(b)(5)

25 of such title is amended by inserting ‘‘improve transpor-
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1 tation systems management and operations,’’ after ‘‘inter2 sections,’’.

3 (c) SURFACE TRANSPORTATION PROGRAM ELIGI4 BILITY.—Section 133(b) of such title is amended—

5 (1) by redesignating paragraphs (13) and (14)

6 as paragraphs (12) and (13), respectively; and

7 (2) by adding at the end the following:

8 ‘‘(14) Regional transportation operations col9 laboration and coordination activities that are asso10 ciated with regional improvements, including activi11 ties for traffic incident management, technology de12 ployment, emergency management and response,

13 traveler information, and regional congestion re14 lief.’’.

15 (d) NATIONAL HIGHWAY SYSTEM ELIGIBILITY.—

16 Section 103(b)(6) of such title is amended by adding at

17 the end the following:

18 ‘‘(Q) Capital, operating, and systems main19 tenance costs for transportation systems man20 agement and operations.’’.

21 (e) TRANSPORTATION SYSTEMS MANAGEMENT AND

22 OPERATIONS.—Subchapter I of chapter 1 of such title is

23 further amended by adding at the end the following:
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1 ‘‘§ 166. Transportation systems management and op2 erations

3 ‘‘(a) AUTHORITY.—The Secretary may—

4 ‘‘(1) encourage transportation system man5 agers, operators, public safety officials, and trans6 portation planners within an urbanized area, who

7 are actively engaged in and responsible for con8 ducting activities relating to day-to-day manage9 ment, operations, public safety, and planning of

10 transportation facilities and services, to collaborate

11 and coordinate on a regional level in a continuous

12 and sustained manner for improved transportation

13 systems management and operations, including, at a

14 minimum—

15 ‘‘(A) developing a regional concept of oper16 ations that defines a regional strategy shared

17 by all transportation and public safety partici18 pants for how the region’s systems should be

19 managed, operated, and measured;

20 ‘‘(B) sharing of information among opera21 tors, service providers, public safety officials,

22 and the general public; and

23 ‘‘(C) guiding, in a regionally-coordinated

24 manner, the implementation of regional trans25 portation system management and operations

26 initiatives, including emergency evacuation and
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1 response, traffic incident management, tech2 nology deployment, and traveler information

3 systems delivery, in a manner consistent with

4 and integrated into the ongoing metropolitan

5 and statewide transportation planning processes

6 and regional intelligent transportation system

7 architecture, if required; and

8 ‘‘(2) encourage States to establish a system of

9 basic real-time monitoring capability for the surface

10 transportation system and provide the capability and

11 means to share that data among agencies (including

12 highway, transit, and public safety agencies), juris13 dictions (including States, cities, counties, and areas

14 represented by metropolitan planning organizations),

15 private-sector entities, and the traveling public.

16 ‘‘(b) EXECUTION.—To support the successful execu17 tion of transportation systems management and oper18 ations activities, the Secretary may undertake the fol19 lowing activities:

20 ‘‘(1) Assist and cooperate with other Federal

21 departments and agencies, State and local govern22 ments, metropolitan planning organizations, private

23 industry representatives, and other interested parties

24 to improve regional collaboration and real-time infor25 mation sharing between transportation system man-
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1 agers and operators, public safety officials, emer2 gency managers, and the general public to increase

3 the security, safety, and reliability of Federal-aid

4 highways.

5 ‘‘(2) Issue, if necessary, new guidance or regu6 lations for the procurement of transportation system

7 management and operations facilities, equipment,

8 and services, including equipment procured in prepa9 ration for natural disasters and emergencies, system

10 hardware, software, and software integration serv11 ices.’’.

12 (f) CONFORMING AMENDMENT.—The analysis for

13 such chapter is further amended by adding at the end the

14 following:

‘‘166. Transportation systems management and operations.’’.

15 (g) INTELLIGENT TRANSPORTATION SYSTEM PRO16 CUREMENT POLICY.—

17 (1) STUDY.—The Secretary shall—

18 (A) conduct a study of the current policies

19 and practices for the procurement of intelligent

20 transportation system facilities, equipment, and

21 services; and

22 (B) develop a conceptual plan with alter23 native approaches for expediting and stream24 lining such procurements at the State level.
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1 (2) RECOMMENDATIONS.—Based on the results

2 of the study, the Secretary shall make recommenda3 tions in the report under paragraph (4) regarding

4 procurement standards, including recommendations

5 regarding any changes in Federal and State stat6 utes, regulations, and policies necessary to ensure

7 that national interests are served in meeting future

8 intelligent transportation system needs.

9 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

10 The study under this subsection shall specifically ad11 dress the following:

12 (A) CURRENT CONDITION.—The current

13 practices and policies relating to procurement of

14 intelligent transportation system facilities,

15 equipment, and services, including equipment

16 procured in preparation for natural disasters

17 and emergencies, system hardware, software,

18 and software integration services.

19 (B) ASSESSMENT OFNEED FOR POLICY

20 REFORM.—The ability of current practices and

21 policies to achieve the successful implementa22 tion of intelligent transportation system goals

23 and the need for national policy reform to expe24 dite and streamline procurements necessary to

25 meet such goals.
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1 (C) ALTERNATIVES.—The range of legisla2 tive, regulatory, and policy alternatives to ad3 dress identified needs and goals, including fund4 ing needs.

5 (D) RECOMMENDATIONS.—Recommenda6 tions regarding procurement standards, includ7 ing recommendations regarding any changes in

8 Federal and State statutes, regulations, and

9 policies necessary for expedited and streamlined

10 procurements.

11 (4) REPORT AND RECOMMENDATIONS.—Not

12 later than September 30, 2005, the Secretary shall

13 transmit to the appropriate committees of Congress

14 a final report regarding the results of the study con15 ducted under this subsection and recommendations

16 to address the needs identified in such study.

17 (5) INITIATION OFRULEMAKING PRO18 CEEDING.—To the extent any recommendation made

19 by the Secretary under this subsection may be im20 plemented by regulation, the Secretary shall initiate

21 a rulemaking proceeding to address such rec22 ommendation not later than the 90th day following

23 the date of submission of the report under para24 graph (4).
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1 (6) AUTHORIZATION OFAPPROPRIATIONS.—

2 There is authorized to be appropriated from the

3 Highway Trust Fund (other than the Mass Transit

4 Account) $1,000,000 in fiscal year 2004 to carry out

5 this subsection.

6 (7) APPLICABILITY OFTITLE 23.—Funds made

7 available to carry out this subsection shall be avail8 able for obligation in the same manner as if such

9 funds were apportioned under chapter 1 of title 23,

10 United States Code; except that the Federal share of

11 the cost of the study under this subsection shall be

12 100 percent and such funds shall remain available

13 until expended.

14 SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMA15 TION PROGRAM.

16 (a) ESTABLISHMENT.—

17 (1) IN GENERAL.—The Secretary shall establish

18 a real-time system management information pro19 gram to provide, in all States, the capability to mon20 itor, in real-time, the traffic and travel conditions of

21 the Nation’s major highways and to share that in22 formation to improve the security of the surface

23 transportation system, to address congestion prob24 lems, to support improved response to weather

25 events and surface transportation incidents, and to
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1 facilitate national and regional highway traveler in2 formation.

3 (2) PURPOSES.—The purposes of the real-time

4 system management information program are to—

5 (A) establish, in all States, a system of

6 basic real-time information for managing and

7 operating the surface transportation system;

8 (B) identify longer range real-time high9 way and transit monitoring needs and develop

10 plans and strategies for meeting such needs;

11 and

12 (C) provide the capability and means to

13 share that data with State and local govern14 ments and the traveling public.

15 (b) NATIONAL STEERING COMMITTEE.—

16 (1) IN GENERAL.—The Secretary shall establish

17 a national steering committee to assist in the devel18 opment of data exchange formats under subsection

19 (c).

20 (2) REPRESENTATIVES.—The national steering

21 committee shall consist of representatives of State

22 transportation departments, metropolitan planning

23 organizations, local governments, nonprofit entities,

24 the private sector, and academia.
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1 (3) PURPOSE.—The purpose of the national

2 steering committee shall be to provide guidance re3 garding the content and uniformity of data exchange

4 formats.

5 (c) DATA EXCHANGE FORMATS.—Not later than 2

6 years after the date of enactment of this Act, the Sec7 retary shall establish data exchange formats based on rec8 ommendations of the steering committee established under

9 subsection (b) to ensure that the data provided by highway

10 and transit monitoring systems, including statewide inci11 dent reporting systems, can readily be exchanged across

12 jurisdictional boundaries, facilitating nationwide avail13 ability of information.

14 (d) REGIONAL INTELLIGENT TRANSPORTATION SYS15 TEM ARCHITECTURE.—

16 (1) ADDRESSING INFORMATION NEEDS.—As

17 State and local governments develop or update re18 gional intelligent transportation system architec19 tures, described in section 940.9 of title 23, Code of

20 Federal Regulations, such governments shall explic21 itly address real-time highway and transit informa22 tion needs and the systems needed to meet such

23 needs, including addressing coverage, monitoring

24 systems, data fusion and archiving, and methods of
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1 exchanging or sharing highway and transit informa2 tion.

3 (2) DATA EXCHANGE.—States shall incorporate

4 the data exchange formats established by the Sec5 retary under subsection (c) to ensure that the data

6 provided by highway and transit monitoring systems

7 may readily be exchanged with State and local gov8 ernments and may be made available to the traveling

9 public.

10 (e) ELIGIBILITY.—Subject to project approval by the

11 Secretary, a State may obligate funds apportioned to the

12 State under sections 104(b)(1), 104(b)(2), and 104(b)(3)

13 of title 23, United States Code, for activities related to

14 the planning and deployment of real-time monitoring ele15 ments that advance the goals and purposes described in

16 subsection (a).

17 (f) LIMITATION ON STATUTORY CONSTRUCTION.—

18 Nothing in this section shall be construed as altering or

19 otherwise affecting the applicability of the requirements

20 of chapter 1 of title 23, United States Code (including

21 requirements relating to the eligibility of a project for as22 sistance under the program, the location of the project,

23 and the Federal-share payable on account of the project),

24 to amounts apportioned to a State for a program under
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1 section 104(b) that are obligated by the State for activities

2 and projects under this section.

3 (g) STATEWIDE INCIDENT REPORTING SYSTEM DE4 FINED.—In this section, the term ‘‘statewide incident re5 porting system’’ means a statewide system for facilitating

6 the real-time electronic reporting of surface transportation

7 incidents to a central location for use in monitoring the

8 event, providing accurate traveler information, and re9 sponding to the incident as appropriate.

10 SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPOR11 TATION SYSTEMS DEPLOYMENT PROGRAM.

12 (a) ESTABLISHMENT.—The Secretary shall establish

13 a comprehensive program to accelerate the integration,

14 interoperability, and deployment of intelligent transpor15 tation systems in order to improve the performance of the

16 surface transportation system in metropolitan and rural

17 areas.

18 (b) SELECTION OF MODEL PROJECTS.—Under the

19 program, the Secretary may make grants, through com20 petitive solicitation, for projects that will serve as models

21 to improve transportation efficiency, promote surface

22 transportation safety (including safe freight movement),

23 increase traffic flow (including the flow of intermodal trav24 el at ports of entry), reduce emissions of air pollutants,

25 improve traveler information, enhance alternative trans-
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1 portation modes, build on existing intelligent transpor2 tation system projects, and promote tourism.

3 (c) OTHER PROJECTS, PROGRAMS, AND ACTIVI4 TIES.—Under the program, the Secretary may make

5 grants for projects, programs, and activities in metropoli6 tan and rural areas that—

7 (1) contribute to national deployment goals and

8 objectives outlined in the national intelligent trans9 portation system program plan;

10 (2) promote cooperation among agencies, juris11 dictions, and the private sector, as evidenced by

12 signed memoranda of understanding that clearly de13 fine the responsibilities and relations of all parties to

14 a partnership arrangement, including institutional

15 relationships and financial agreements needed to

16 support deployment of intelligent transportation sys17 tems;

18 (3) encourage private sector involvement and fi19 nancial commitment to such deployment to the max20 imum extent practicable through innovative financial

21 arrangements, especially public-private partnerships,

22 including arrangements that generate revenue to off23 set public investment costs;

24 (4) enhance fully integrated intelligent trans25 portation system deployment;
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1 (5) create technical capacity for effective oper2 ations and maintenance of such systems;

3 (6) improve safety, mobility, geographic and re4 gional diversity, and economic development in de5 ployment of such systems;

6 (7) advance deployment of the 511 traveler in7 formation program; and

8 (8) advance deployment of other national sys9 tems, including a statewide incident reporting sys10 tem, wireless e-911 system, and road weather infor11 mation system.

12 (d) APPLICABILITY OF TITLE 23, UNITED STATES

13 CODE.—Funds authorized to be appropriated under sec14 tion 1101(a)(16) of this Act shall be available for obliga15 tion to carry out subsection (c)(7) in the same manner

16 and to the same extent as if such funds were apportioned

17 under chapter 1 of title 23, United States Code; except

18 that the Federal share of the cost of projects carried out

19 under subsection (c)(7) shall be 80 percent and such funds

20 shall remain available until expended.

21 SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DE22 PLOYMENT.

23 (a) PURPOSE.—The purpose of this section is to en24 sure that a minimum of $3,000,000,000 of the amounts

25 authorized to be appropriated for the National Highway
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1 System, Interstate maintenance, surface transportation,

2 and congestion mitigation and air quality improvement

3 programs for fiscal years 2004 through 2009 is utilized

4 to expand deployment of intelligent transportation sys5 tems.

6 (b) IN GENERAL.—Chapter 1 of title 23, United

7 States Code, is amended by inserting after section 149 the

8 following:

9 ‘‘§ 150. Deployment of intelligent transportation sys10 tems

11 ‘‘(a) IN GENERAL.—In each of fiscal years 2004

12 through 2009, each State shall obligate a portion of the

13 funds apportioned to the State under sections 104(b)(1),

14 104(b)(2), 104(b)(3), and 104(b)(4) for such fiscal year,

15 calculated under subsection (b), for projects described in

16 subsection (c) that support deployment of intelligent

17 transportation systems in the State.

18 ‘‘(b) CALCULATION OF AMOUNT.—The portion of a

19 State’s apportionments to be obligated under subsection

20 (a) for projects described in subsection (c) in a fiscal year

21 shall be determined by multiplying $500,000,000 by the

22 ratio that—

23 ‘‘(1) the aggregate of amounts apportioned to

24 the State for such fiscal year under sections
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1 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4);

2 bears to

3 ‘‘(2) the aggregate of amounts apportioned to

4 all States for such fiscal year under such sections.

5 ‘‘(c) INTELLIGENT TRANSPORTATION SYSTEMS DE6 PLOYMENT PROJECTS.—Projects for which funds must be

7 obligated under this section include the following:

8 ‘‘(1) PERFORMANCE.—Establishment and im9 plementation of operations systems and services that

10 improve performance in the areas of traffic oper11 ations, emergency response to surface transportation

12 incidents, surface transportation incident manage13 ment, weather event response management by State

14 and local authorities, surface transportation network

15 and facility management, construction and work

16 zone management, and traffic flow information.

17 ‘‘(2) NETWORKS.—Conducting activities that

18 support the creation of networks that link metropoli19 tan and rural surface transportation systems into an

20 integrated data network, capable of collecting, shar21 ing, and archiving transportation system traffic con22 dition and performance information.

23 ‘‘(3) SAFETY.—Implementation of intelligent

24 transportation system technologies that improve
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1 highway safety through linkages connecting the vehi2 cle, the infrastructure, and information to the driver.

3 ‘‘(4) OPERATION AND MANAGEMENT.—Provi4 sion of services necessary to ensure the efficient op5 eration and management of intelligent transpor6 tation systems infrastructure, including costs associ7 ated with communications, utilities, rent, hardware,

8 software, labor, administrative costs, training, and

9 technical services.

10 ‘‘(5) INTERAGENCY SUPPORT.—Provision of

11 support for institutional relationships between trans12 portation agencies, police, emergency medical serv13 ices, private emergency operators, freight operators,

14 and shippers.

15 ‘‘(6) PLANNING.—Conducting cross-jurisdic16 tional planning and deployment of regional transpor17 tation systems operations and management ap18 proaches.

19 ‘‘(d) OBLIGATION OF AMOUNTS.—

20 ‘‘(1) IN GENERAL.—In complying with the re21 quirements of this section, the amounts obligated by

22 a State for projects under subsection (c) that sup23 port deployment of intelligent transportation systems

24 in such State under subsection (a) shall be allocated

25 among the individual programs for which funds are
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1 apportioned under sections 104(b)(1), 104(b)(2),

2 104(b)(3), and 104(b)(4).

3 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC4 TION.—Nothing in this subsection shall be construed

5 as requiring a State to obligate proportional or equal

6 amounts under sections 104(b)(1), 104(b)(2),

7 104(b)(3), and 104(b)(4) for any congestion relief

8 activity under this section.

9 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

10 Nothing in this section shall be construed as altering or

11 otherwise affecting the applicability of the requirements

12 of this chapter (including requirements relating to the eli13 gibility of a project for assistance under the program, the

14 location of the project, and the Federal-share payable on

15 account of the project) to amounts apportioned to a State

16 for a program under section 104(b) that are obligated by

17 the State for projects under this section.

18 ‘‘(f) JOINT RESPONSIBILITY.—Each State, each af19 fected metropolitan planning organization, and the Sec20 retary shall jointly ensure compliance with this section.’’.

21 (c) CONFORMING AMENDMENT.—The analysis for

22 such chapter is amended by inserting after the item relat23 ing to section 149 the following:

‘‘150. Deployment of intelligent transportation systems.’’.
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1 SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT

2 SUPPORT DEPLOYMENT OF INTELLIGENT

3 TRANSPORTATION SYSTEMS.

4 (a) CATEGORICAL EXCLUSIONS.—Not later than one

5 year after the date of enactment of this Act, the Secretary

6 shall initiate a rulemaking process to establish, to the ex7 tent appropriate, categorical exclusions for activities that

8 support the deployment of intelligent transportation infra9 structure and systems from the requirement that an envi10 ronmental assessment or an environmental impact state11 ment be prepared under section 102 of the National Envi12 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

13 (42 U.S.C. 4332) in compliance with the standards for

14 categorical exclusions established by that Act.

15 (b) NATIONWIDE PROGRAMMATIC AGREEMENT.—

16 (1) DEVELOPMENT.—The Secretary shall de17 velop a nationwide programmatic agreement gov18 erning the review of activities that support the de19 ployment of intelligent transportation infrastructure

20 and systems in accordance with section 106 of the

21 National Historic Preservation Act (16 U.S.C. 470f)

22 and the regulations of the Advisory Council on His23 toric Preservation.

24 (2) CONSULTATION.—The Secretary shall de25 velop the agreement under paragraph (1) in con26 sultation with the National Conference of State His-
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1 toric Preservation Officers and the Advisory Council

2 on Historic Preservation established under title II of

3 the National Historic Preservation Act (26 U.S.C.

4 470i et seq.) and after soliciting the views of other

5 interested parties.

6 (c) INTELLIGENT TRANSPORTATION INFRASTRUC7 TURE AND SYSTEMS DEFINED.—In this section, the term

8 ‘‘intelligent transportation infrastructure and systems’’

9 means intelligent transportation infrastructure and intel10 ligent transportation systems, as such terms are defined

11 in section 5607.

12 SEC. 1207. STATE ASSUMPTION OF RESPONSIBILITIES FOR

13 CERTAIN PROGRAMS AND PROJECTS.

14 (a) IN GENERAL.—Subchapter I of chapter 1 of title

15 23, United States Code, is amended by adding at the end

16 the following:

17 ‘‘§ 168. State assumption of responsibilities for cer18 tain programs and projects

19 ‘‘(a) ASSUMPTION OF SECRETARY’S RESPONSIBIL20 ITIES UNDER APPLICABLE FEDERAL LAWS.—

21 ‘‘(1) PILOT PROGRAM.—

22 ‘‘(A) ESTABLISHMENT.—The Secretary

23 may establish a pilot program under which

24 States may assume the responsibilities of the
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1 Secretary under any Federal laws subject to the

2 requirements of this section.

3 ‘‘(B) FIRST 3 FISCAL YEARS.—In the first

4 3 fiscal years following the date of enactment of

5 this section, the Secretary may allow up to 5

6 States to participate in the pilot program.

7 ‘‘(2) SCOPE OFPROGRAM.—Under the pilot

8 program, the Secretary may assign, and a State may

9 assume, any of the Secretary’s responsibilities (other

10 than responsibilities relating to federally recognized

11 Indian tribes) for environmental reviews, consulta12 tion, or decisionmaking or other actions required

13 under any Federal law as such requirements apply

14 to the following projects:

15 ‘‘(A) Projects funded under section 104(h).

16 ‘‘(B) Transportation enhancement activi17 ties under section 133, as such term is defined

18 in section 101(a)(35).

19 ‘‘(C) Projects as defined in section

20 101(a)(39) and section 5607 of the Transpor21 tation Equity Act: A Legacy for Users.

22 ‘‘(3) LIMITATIONS.—

23 ‘‘(A) PROCEDURAL AND SUBSTANTIVE RE24 QUIREMENTS.—A State that assumes the re25 sponsibilities of the Secretary under this section
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1 shall be subject to the same procedural and

2 substantive requirements as would apply if the

3 responsibilities were carried out by the Sec4 retary. When a State assumes responsibilities

5 for carrying out a Federal law under this sec6 tion, the State assents to Federal jurisdiction

7 and shall be solely responsible and solely liable

8 for complying with and carrying out that law

9 instead of the Secretary.

10 ‘‘(B) ASSUMPTION OFRESPONSIBIL11 ITIES.—Any responsibility of the Secretary not

12 assumed by the State in a memorandum of un13 derstanding shall remain a responsibility of the

14 Secretary.

15 ‘‘(C) POWERS OFOTHER AGENCIES.—

16 Nothing in this section preempts or limits any

17 power, jurisdiction, responsibility, or authority

18 of an agency, other than the Department of

19 Transportation, with respect to a project.

20 ‘‘(b) AGREEMENTS.—

21 ‘‘(1) IN GENERAL.—The Secretary shall enter

22 into a memorandum of understanding with a State

23 participating in the pilot program setting forth the

24 responsibilities to be assigned under subsection
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1 (a)(2) and the terms and conditions under which the

2 assignment is being made.

3 ‘‘(2) CERTIFICATION.—Before the Secretary en4 ters into a memorandum of understanding with a

5 State under paragraph (1), the State shall certify

6 that the State has in effect laws (including regula7 tions) applicable to projects carried out and funded

8 under this title and chapter 53 of title 49 that au9 thorize the State to carry out the responsibilities

10 being assumed.

11 ‘‘(3) MAXIMUM DURATION.—A memorandum of

12 understanding with a State under this section shall

13 be established for an initial period of no more than

14 3 years and may be renewed by mutual agreement

15 on a periodic basis for periods of not more than 3

16 years.

17 ‘‘(4) COMPLIANCE.—

18 ‘‘(A) IN GENERAL.—After entering into a

19 memorandum of understanding under para20 graph (1), the Secretary shall review and deter21 mine compliance by the State with the memo22 randum of understanding.

23 ‘‘(B) RENEWALS.—The Secretary shall

24 take into account the performance of a State

25 under the pilot program when considering re-
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1 newal of a memorandum of understanding with

2 the State under the program.

3 ‘‘(5) ACCEPTANCE OFFEDERAL COURTS JURIS4 DICTION.—A memorandum of understanding with a

5 State under this section shall include a provision

6 under which the State consents to accept the juris7 diction of the Federal courts for the compliance, dis8 charge, and enforcement of any responsibility of the

9 Secretary that the State may assume under the

10 memorandum.

11 ‘‘(6) TERMINATION OFAGREEMENTS.—A

12 memorandum of understanding with a State under

13 this section shall include a provision authorizing the

14 Secretary to terminate the agreement if the Sec15 retary, after providing an opportunity for a hearing,

16 issues a finding that the State is not in compliance

17 with the terms of the agreement.

18 ‘‘(c) SELECTION OF STATES FOR PILOT PROGRAM.—

19 ‘‘(1) APPLICATION.—To be eligible to partici20 pate in the pilot program, a State shall submit to

21 the Secretary an application that contains such in22 formation as the Secretary may require. At a min23 imum, an application shall include—

24 ‘‘(A) a description of the projects or class25 es of projects for which the State seeks to as-
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1 sume responsibilities under subsection (a)(2);

2 and

3 ‘‘(B) a certification that the State has the

4 capability to assume such responsibilities.

5 ‘‘(2) PUBLIC NOTICE.—Before entering into a

6 memorandum of understanding allowing a State to

7 participate in the pilot program, the Secretary

8 shall—

9 ‘‘(A) publish notice in the Federal Register

10 of the Secretary’s intent to allow the State to

11 participate in the program, including a copy of

12 the State’s application to the Secretary and the

13 terms of the proposed agreement with the

14 State; and

15 ‘‘(B) provide an opportunity for public

16 comment.

17 ‘‘(3) SELECTION CRITERIA.—The Secretary

18 may approve the application of a State to assume re19 sponsibilities under the program only if—

20 ‘‘(A) the requirements under paragraph

21 (2) have been met; and

22 ‘‘(B) the Secretary determines that the

23 State has the capability to assume the respon24 sibilities.
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1 ‘‘(4) OTHER FEDERAL AGENCY VIEWS.—Before

2 assigning to a State a responsibility of the Secretary

3 that requires the Secretary to consult with another

4 Federal agency, the Secretary shall solicit the views

5 of the Federal agency.

6 ‘‘(d) STATE DEFINED.—With respect to the rec7 reational trails program, the term ‘State’ means the State

8 agency designated by the Governor of the State in accord9 ance with section 206(c)(1).

10 ‘‘(e) PRESERVATION OF PUBLIC INTEREST CONSID11 ERATION.—Nothing in this section shall be construed to

12 limit the requirements under any applicable law providing

13 for the consideration and preservation of the public inter14 est, including public participation and community values

15 in transportation decisionmaking.

16 ‘‘(f) STATE SUBJECT TO FEDERAL LAWS.—For pur17 poses of assuming responsibilities of the Secretary under

18 this section, a State agency entering into a memorandum

19 of understanding under subsection (b) is deemed to be a

20 Federal agency to the extent the State is carrying out the

21 Secretary’s responsibilities under the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), this

23 title, and any other provision of Federal law.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 subchapter I of chapter 1 of such title is amended by add3 ing at the end the following:

‘‘168. State assumption of responsibilities for certain programs and projects.’’.

4 SEC. 1208. HOV FACILITIES.

5 (a) IN GENERAL.—Subchapter I of chapter 1 of title

6 23, United States Code, is amended by adding at the end

7 the following:

8 ‘‘§ 167. HOV facilities

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) AUTHORITY OFSTATE AGENCIES.—A

11 State agency that has jurisdiction over the operation

12 of a HOV facility shall establish the occupancy re13 quirements of vehicles operating on the facility.

14 ‘‘(2) OCCUPANCY REQUIREMENT.—Except as

15 otherwise provided by this section, no fewer than 2

16 occupants per vehicle may be required for use of a

17 HOV facility.

18 ‘‘(b) EXCEPTIONS.—Notwithstanding the occupancy

19 requirements of subsection (a)(2), the following exceptions

20 shall apply with respect to a State agency operating a

21 HOV facility:

22 ‘‘(1) MOTORCYCLES AND BICYCLES.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the State agency shall allow motor25 cycles and bicycles to use the HOV facility.
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1 ‘‘(B) SAFETY EXCEPTION.—A State agen2 cy may restrict use of the HOV facility by mo3 torcycles or bicycles (or both) if the agency cer4 tifies to the Secretary that such use would cre5 ate a safety hazard and the Secretary accepts

6 the certification. The Secretary may accept a

7 certification under this subparagraph only after

8 the Secretary publishes notice of the certifi9 cation in the Federal Register and provides an

10 opportunity for public comment.

11 ‘‘(2) PUBLIC TRANSPORTATION VEHICLES.—

12 The State agency may allow public transportation

13 vehicles to use the HOV facility if the agency—

14 ‘‘(A) establishes requirements for clearly

15 identifying the vehicles; and

16 ‘‘(B) establishes procedures for enforcing

17 the restrictions on the use of the facility by

18 such vehicles.

19 ‘‘(3) HIGH OCCUPANCY TOLL VEHICLES.—The

20 State agency may allow vehicles not otherwise ex21 empt pursuant to this subsection to use the HOV fa22 cility if the operators of such vehicles pay a toll

23 charged by the agency for use of the facility and the

24 agency—
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1 ‘‘(A) establishes a program that addresses

2 how motorists can enroll and participate in the

3 toll program;

4 ‘‘(B) develops, manages, and maintains a

5 system that will automatically collect the toll;

6 and

7 ‘‘(C) establishes policies and procedures

8 to—

9 ‘‘(i) manage the demand to use the fa10 cility by varying the toll amount that is

11 charged;

12 ‘‘(ii) enforce violations of use of the

13 facility; and

14 ‘‘(iii) permit low-income individuals to

15 pay reduced tolls.

16 ‘‘(4) LOW EMISSION AND ENERGY-EFFICIENT

17 VEHICLES.—

18 ‘‘(A) INHERENTLY LOW-EMISSION VEHI19 CLE.—Before September 30, 2009, the State

20 agency may allow vehicles that are certified as

21 inherently low-emission vehicles pursuant to

22 section 88.311–93 of title 40, Code of Federal

23 Regulations, and are labeled in accordance with

24 section 88.312–93 of such title, to use the HOV

25 facility if the agency establishes procedures for
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1 enforcing the restrictions on the use of the fa2 cility by such vehicles.

3 ‘‘(B) OTHER LOW EMISSION AND ENERGY4 EFFICIENT VEHICLES.—Before September 30,

5 2009, the State agency may allow vehicles cer6 tified as low emission and energy-efficient vehi7 cles under subsection (e), and labeled in accord8 ance with subsection (e), to use the HOV facil9 ity if the agency—

10 ‘‘(i) establishes a program that ad11 dresses how those qualifying low emission

12 and energy-efficient vehicles are selected

13 and certified;

14 ‘‘(ii) establishes requirements for la15 beling qualifying low emission and energy16 efficient vehicles (including procedures for

17 enforcing those requirements);

18 ‘‘(iii) continuously monitors, evalu19 ates, and reports to the Secretary on per20 formance; and

21 ‘‘(iv) imposes such restrictions on the

22 use on high occupancy vehicle lanes by ve23 hicles that do not satisfy established occu24 pancy requirements as are necessary to en25 sure that the performance of individual
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1 high occupancy vehicle lanes, and the en2 tire high occupancy vehicle lane system,

3 will not become seriously degraded.

4 ‘‘(c) REQUIREMENTS APPLICABLE TO TOLLS.—

5 ‘‘(1) IN GENERAL.—Tolls may be charged

6 under subsections (b)(3) and (b)(4) notwithstanding

7 section 301 and, except as provided in paragraphs

8 (2) and (3), subject to the requirements of section

9 129.

10 ‘‘(2) HOV FACILITIES ON THE INTERSTATE

11 SYSTEM.—Notwithstanding section 129, tolls may be

12 charged under subsections (b)(3) and (b)(4) on a

13 HOV facility on the Interstate System.

14 ‘‘(3) EXCESS TOLL REVENUES.—If a State

15 agency makes a certification under the last sentence

16 of section 129(a)(3) with respect to toll revenues col17 lected under subsections (b)(3) and (b)(4), the

18 State, in the use of tolls revenues under that sen19 tence, shall give priority consideration to projects for

20 developing alternatives to single occupancy vehicle

21 travel and projects for improving highway safety.

22 ‘‘(d) HOV FACILITY MANAGEMENT, OPERATION,

23 MONITORING, AND ENFORCEMENT.—

24 ‘‘(1) IN GENERAL.—A State agency that allows

25 vehicles to use a HOV facility under subsection
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1 (b)(3) or (b)(4) in a fiscal year shall certify to the

2 Secretary that the agency will carry out the fol3 lowing responsibilities with respect to the facility in

4 the fiscal year:

5 ‘‘(A) Establishing, managing, and sup6 porting a performance monitoring, evaluation,

7 and reporting program for the facility that pro8 vides for continuous monitoring, assessment,

9 and reporting on the impacts that such vehicles

10 may have on the operation of the facility and

11 adjacent highways.

12 ‘‘(B) Establishing, managing, and sup13 porting an enforcement program that ensures

14 that the facility is being operated in accordance

15 with the requirements of this section.

16 ‘‘(C) Limiting or discontinuing the use of

17 the facility by such vehicles if the presence of

18 such vehicles has degraded the operation of the

19 facility.

20 ‘‘(2) DEGRADED FACILITY.—

21 ‘‘(A) IN GENERAL.—For purposes of para22 graph (1), the operation of a HOV facility shall

23 be considered to be degraded if vehicles oper24 ating on the facility are failing to maintain a

25 minimum average operating speed 90 percent of
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1 the time over a consecutive 6-month period dur2 ing morning or evening weekday peak hour pe3 riods (or both).

4 ‘‘(B) MINIMUM AVERAGE OPERATING

5 SPEED DEFINED.—In subparagraph (A), the

6 term ‘minimum average operating speed’

7 means—

8 ‘‘(i) 45 miles per hour, in the case of

9 a HOV facility with a speed limit of 50

10 miles per hour or greater; and

11 ‘‘(ii) not more than 10 miles per hour

12 below the speed limit, in the case of a

13 HOV facility with a speed limit of less

14 than 50 miles per hour.

15 ‘‘(e) CERTIFICATION OF LOW EMISSION AND EN16 ERGY-EFFICIENT VEHICLES.—Not later than 6 months

17 after the date of enactment of this section, the Adminis18 trator of the Environmental Protection Agency shall issue

19 a final rule establishing requirements for certification of

20 vehicles as low emission and energy-efficient vehicles for

21 purposes of this section and requirements for the labeling

22 of such vehicles.

23 ‘‘(f) DEFINITIONS.—In this section, the following

24 definitions apply:
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1 ‘‘(1) ALTERNATIVE FUEL VEHICLE.—The term

2 ‘alternative fuel vehicle’ means a vehicle that oper3 ates on—

4 ‘‘(A) methanol, denatured ethanol, or other

5 alcohols;

6 ‘‘(B) a mixture containing at least 85 per7 cent of methanol, denatured ethanol, and other

8 alcohols by volume with gasoline or other fuels;

9 ‘‘(C) natural gas;

10 ‘‘(D) liquefied petroleum gas;

11 ‘‘(E) hydrogen;

12 ‘‘(F) coal derived liquid fuels;

13 ‘‘(G) fuels (except alcohol) derived from bi14 ological materials;

15 ‘‘(H) electricity (including electricity from

16 solar energy); or

17 ‘‘(I) any other fuel that the Secretary pre18 scribes by regulation that is not substantially

19 petroleum and that would yield substantial en20 ergy security and environmental benefits.

21 ‘‘(2) HOV FACILITY.—The term ‘HOV facility’

22 means a high occupancy vehicle facility.

23 ‘‘(3) LOW EMISSION AND ENERGY EFFICIENT

24 VEHICLE.—The term ‘low emission and energy-effi25 cient vehicle’ means a vehicle that—
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1 ‘‘(A) has been certified by the Adminis2 trator of the Environmental Protection Agency

3 as meeting the Tier II emission level established

4 in regulations prescribed by the Administrator

5 under section 202(i) of the Clean Air Act (42

6 U.S.C. 7521(i)) for that make and model year

7 vehicle; and

8 ‘‘(B)(i) has been certified by the Adminis9 trator to have a 45-mile-per-gallon or greater

10 fuel economy highway rating; or

11 ‘‘(ii) is an alternative fuel vehicle.

12 ‘‘(4) PUBLIC TRANSPORTATION VEHICLE.—The

13 term ‘public transportation vehicle’ means a vehicle

14 that provides public transportation (as defined in

15 section 5302(a) of title 49).

16 ‘‘(5) STATE AGENCY.—The term ‘State agency’,

17 as used with respect to a HOV facility, means an

18 agency of a State or local government having juris19 diction over the operation of the facility and includes

20 a State transportation department.’’.

21 (b) CONFORMING AMENDMENTS.—

22 (1) PROGRAM EFFICIENCIES.—Section 102 of

23 title 23, United States Code, is amended by striking

24 subsection (a) and redesignating subsections (b) and

25 (c) as subsections (a) and (b), respectively.
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1 (2) CHAPTER ANALYSIS.—The analysis for sub2 chapter I of chapter 1 of such title is amended by

3 adding at the end the following:

‘‘167. HOV facilities.’’.

4 (c) TECHNICAL AMENDMENT.—Section 102(c) of

5 title 23, United States Code, is amended by striking ‘‘10

6 years’’ and all that follows through ‘‘after’’ and inserting

7 ‘‘10 years (or such longer period as the State requests and

8 the Secretary determines to be reasonable) after’’.

9 SEC. 1209. REPEAL.

10 Section 1012(b) of the Intermodal Surface Transpor11 tation Efficiency Act of 1991 (23 U.S.C. 149 note; 105

12 Stat. 1938) is repealed.

13 Subtitle C—Mobility and Efficiency

14 SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IM15 PROVEMENT PROGRAM.

16 (a) IN GENERAL.—The Secretary shall establish and

17 implement a program to make allocations to States for

18 highway construction projects in corridors of national sig19 nificance to promote economic growth and international

20 or interregional trade pursuant to the selection factors

21 provided in this section. A State must submit an applica22 tion to the Secretary in order to receive an allocation

23 under this section.

24 (b) SELECTION PROCESS.—
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1 (1) PRIORITY.—In the selection process under

2 this section, the Secretary shall give priority to

3 projects in corridors that are a part of, or will be

4 designated as part of, the Dwight D. Eisenhower

5 National System of Interstate and Defense High6 ways after completion of the work described in the

7 application received by the Secretary and to any

8 project that will be completed within 5 years of the

9 date of the allocation of funds for the project.

10 (2) SELECTION FACTORS.—In making alloca11 tions under this section, the Secretary shall consider

12 the following factors:

13 (A) The extent to which the corridor pro14 vides a link between 2 existing segments of the

15 Interstate System.

16 (B) The extent to which the project will fa17 cilitate major multistate or regional mobility

18 and economic growth and development in areas

19 underserved by existing highway infrastructure.

20 (C) The extent to which commercial vehicle

21 traffic in the corridor—

22 (i) has increased since the date of en23 actment of the North American Free

24 Trade Agreement Implementation Act (16

25 U.S.C. 4401 et seq.); and
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1 (ii) is projected to increase in the fu2 ture.

3 (D) The extent to which international

4 truck-borne commodities move through the cor5 ridor.

6 (E) The extent to which the project will

7 make improvements to an existing segment of

8 the Interstate System that will result in a de9 crease in congestion.

10 (F) The reduction in commercial and other

11 travel time through a major freight corridor ex12 pected as a result of the project.

13 (G) The value of the cargo carried by com14 mercial vehicle traffic in the corridor and the

15 economic costs arising from congestion in the

16 corridor.

17 (H) The extent of leveraging of Federal

18 funds provided to carry out this section,

19 including—

20 (i) use of innovative financing;

21 (ii) combination with funding provided

22 under other sections of this Act and title

23 23, United States Code; and

24 (iii) combination with other sources of

25 Federal, State, local, or private funding.
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1 (c) PERIOD OF AVAILABILITY.—Funds allocated for

2 a project to a State under this section shall remain avail3 able for obligation in that State until 6 months from the

4 day on which they are allocated. Sums not obligated within

5 6 months of the day on which they are allocated shall be

6 available to the Secretary to be allocated for other projects

7 eligible under this section.

8 (d) FEDERAL SHARE.—The Federal share of the cost

9 of a project under this section shall be determined in ac10 cordance with section 120(b) of title 23, United States

11 Code.

12 (e) APPLICABILITY OF TITLE 23.—Except as pro13 vided in subsections (c) and (d), funds made available by

14 section 1101(a)(10) of this Act to carry out this section

15 shall be available for obligation in the same manner as

16 if such funds were apportioned under chapter 1 of title

17 23, United States Code.

18 (f) STATE DEFINED.—In this section, the term

19 ‘‘State’’ has the meaning such term has under section 101

20 of title 23, United States Code.

21 SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PRO22 GRAM.

23 (a) GENERAL AUTHORITY.—The Secretary shall im24 plement a coordinated border infrastructure program

25 under which the Secretary shall distribute funds to border
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1 States to improve the safe movement of motor vehicles at

2 or across the border between the United States and Can3 ada and the border between the United States and Mexico.

4 (b) ELIGIBLE USES.—A State may use funds appor5 tioned under this section only for—

6 (1) improvements in a border region to existing

7 transportation and supporting infrastructure that fa8 cilitate cross-border motor vehicle and cargo move9 ments;

10 (2) construction of highways and related safety

11 and safety enforcement facilities in a border region

12 that facilitate motor vehicle and cargo movements

13 related to international trade;

14 (3) operational improvements in a border re15 gion, including improvements relating to electronic

16 data interchange and use of telecommunications, to

17 expedite cross border motor vehicle and cargo move18 ment;

19 (4) modifications to regulatory procedures to

20 expedite safe and efficient cross border motor vehicle

21 and cargo movements; and

22 (5) international coordination of transportation

23 planning, programming, and border operation with

24 Canada and Mexico relating to expediting cross bor25 der motor vehicle and cargo movements.
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1 (c) APPORTIONMENT OF FUNDS.—On October 1 of

2 each fiscal year, the Secretary shall apportion among bor3 der States sums authorized to be appropriated to carry

4 out this section for such fiscal year as follows:

5 (1) 20 percent in the ratio that—

6 (A) the total number of incoming commer7 cial trucks that pass through the land border

8 ports of entry within the boundaries of a border

9 State, as determined by the Secretary; bears to

10 (B) the total number of incoming commer11 cial trucks that pass through such ports of

12 entry within the boundaries of all the border

13 States, as determined by the Secretary.

14 (2) 30 percent in the ratio that—

15 (A) the total number of incoming personal

16 motor vehicles and incoming buses that pass

17 through land border ports of entry within the

18 boundaries of a border State, as determined by

19 the Secretary; bears to

20 (B) the total number of incoming personal

21 motor vehicles and incoming buses that pass

22 through such ports of entry within the bound23 aries of all the border States, as determined by

24 the Secretary.

25 (3) 25 percent in the ratio that—
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1 (A) the total weight of incoming cargo by

2 commercial trucks that pass through land bor3 der ports of entry within the boundaries of a

4 border State, as determined by the Secretary;

5 bears to

6 (B) the total weight of incoming cargo by

7 commercial trucks that pass through such ports

8 of entry within the boundaries of all the border

9 States, as determined by the Secretary.

10 (4) 25 percent of the ratio that—

11 (A) the total number of land border ports

12 of entry within the boundaries of a border

13 State, as determined by the Secretary; bears to

14 (B) the total number of land border ports

15 of entry within the boundaries of all the border

16 States, as determined by the Secretary.

17 (d) APPLICABILITY OF TITLE 23.—Funds made

18 available to carry out this section shall be available for

19 obligation in the same manner as if such funds were ap20 portioned under chapter 1 of title 23, United States Code;

21 except that such funds shall not be transferable and shall

22 remain available until expended and the Federal share of

23 the cost of a project under this section shall be 80 percent.

24 (e) DEFINITIONS.—In this section, the following defi25 nitions apply:
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1 (1) BORDER REGION.—The term ‘‘border re2 gion’’ means any portion of a border State within 20

3 miles of an international land border with Canada or

4 Mexico.

5 (2) BORDER STATE.—The term ‘‘border State’’

6 means any State that has an international land bor7 der with Canada or Mexico.

8 (3) COMMERCIAL TRUCK.—The term ‘‘commer9 cial truck’’ means a commercial motor vehicle as de10 fined in section 31301(4) (other than subparagraph

11 (B)) of title 49, United States Code.

12 (4) MOTOR VEHICLE.—The term ‘‘motor vehi13 cle’’ has the meaning such term has under section

14 101(a) of title 23, United States Code.

15 (5) STATE.—The term ‘‘State’’ has the mean16 ing such term has in section 101(a) of such title 23.

17 SEC. 1303. FREIGHT INTERMODAL CONNECTORS.

18 (a) IN GENERAL.—

19 (1) ESTABLISHMENT.—The Secretary shall es20 tablish a freight intermodal connector program to

21 improve productivity and improve the efficiency of

22 the transportation of freight, while mitigating con23 gestion in the area of freight intermodal connectors.

24 (2) PURPOSES.—The purposes of the program

25 shall be—
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1 (A) to facilitate and support intermodal

2 freight transportation initiatives at the State

3 and local levels in order to improve freight

4 intermodal connectors and mitigate the impact

5 of congestion in the area of such connectors;

6 and

7 (B) to provide capital funding to address

8 infrastructure and freight operational needs at

9 freight intermodal connectors.

10 (b) STATE RESPONSIBILITIES.—Under the program,

11 each State shall ensure that intermodal freight transpor12 tation and trade facilitation and are adequately addressed

13 integrated into the project development process, including

14 transportation planning, through final design and con15 struction of freight related transportation projects.

16 (c) ELIGIBLE PROJECTS.—

17 (1) IN GENERAL.—Projects eligible for funding

18 under this section may include the construction of

19 and improvements to publicly owned freight inter20 modal connectors, the provision of access to such

21 connectors, and operational improvements for such

22 connectors (including capital investment for intel23 ligent transportation systems); except that a project

24 located within the boundaries of an intermodal

25 freight facility shall only include highway infrastruc-
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1 ture modifications necessary to facilitate direct inter2 modal access between the connector and the facility.

3 (2) SPECIAL RULE.—If a State that does not

4 have any freight intermodal connectors within its

5 boundaries or has only freight intermodal connectors

6 within its boundaries that are in good condition and

7 provide an adequate level of service, projects within

8 the boundaries of the State that are eligible for as9 sistance under section 103(b)(6) of title 23, United

10 States Code, relating to the National Highway Sys11 tem, shall be eligible for funding under this section.

12 (d) PRIORITY.—Under the program, a State shall

13 give priority to projects on freight intermodal connectors

14 to the National Highway System as identified according

15 to the criteria set forth in the report of the Department

16 of Transportation to Congress entitled ‘‘Pulling Together:

17 The NHS and its Connections to Major Intermodal Termi18 nals’’.

19 (e) APPORTIONMENT.—On October 1 of each fiscal

20 year, the Secretary shall apportion among the States sums

21 made available to carry out this section for such fiscal year

22 as follows:

23 (1) 33.3 percent in the ratio that—

24 (A) the number of freight intermodal con25 nectors identified in the most recent Intermodal
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1 Freight Connectors study of the Federal High2 way Administration within the boundaries of a

3 State; bears to

4 (B) the total number of such connectors

5 within the boundaries of all the States.

6 (2) 33.3 percent in the ratio that—

7 (A) the total of each State’s annual con8 tributions to the Highway Trust Fund (other

9 than the Mass Transit Account) attributable to

10 commercial motor vehicles; bears to

11 (B) the total of such annual contributions

12 by all States.

13 (3) 33.4 percent in the same ratios as funds are

14 apportioned for the National Highway System under

15 clauses (i), (ii), (iii), and (iv) of section 104(b)(1)(A)

16 of title 23, United States Code.

17 (f) APPLICABILITY OF TITLE 23.—Funds made avail18 able to carry out this section shall be available for obliga19 tion in the same manner as if such funds were apportioned

20 under chapter 1 of title 23, United States Code; except

21 that such funds shall not be transferable and shall remain

22 available until expended and the Federal share of the cost

23 of a project under this section shall be 80 percent.

24 (g) UPDATE REPORT.—Not later than August 1,

25 2005, the Secretary shall publish an update to the report
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1 entitled ‘‘Pulling Together: the National Highway System

2 and its Connections to Major Intermodal Terminals’’.

3 (h) DEFINITIONS.—In this section, the following defi4 nitions apply:

5 (1) FREIGHT INTERMODAL CONNECTORS.—The

6 term ‘‘freight intermodal connector’’ means the

7 roadway that connects to an intermodal freight facil8 ity that carries or will carry intermodal traffic.

9 (2) INTERMODAL FREIGHT FACILITY.—The

10 term ‘‘intermodal freight facility’’ means a port, air11 port, truck-rail terminal, and pipeline-truck ter12 minal.

13 (3) STATE.—The term ‘‘State’’ has the mean14 ing such term has in section 101(a) of title 23,

15 United States Code.

16 SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIG17 NIFICANCE.

18 (a) FINDINGS.—Congress finds the following:

19 (1) Under current law, surface transportation

20 programs rely primarily on formula capital appor21 tionments to States.

22 (2) Despite the significant increase for surface

23 transportation program funding in the Transpor24 tation Equity Act of the 21st Century, current levels

25 of investment are insufficient to fund critical high-
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1 cost transportation infrastructure facilities that ad2 dress critical national economic and transportation

3 needs.

4 (3) Critical high-cost transportation infrastruc5 ture facilities often include multiple levels of govern6 ment, agencies, modes of transportation, and trans7 portation goals and planning processes that are not

8 easily addressed or funded within existing surface

9 transportation program categories.

10 (4) Projects of national and regional signifi11 cance have national and regional benefits, including

12 improving economic productivity by facilitating inter13 national trade, relieving congestion, and improving

14 transportation safety by facilitating passenger and

15 freight movement.

16 (5) The benefits of such projects described in

17 paragraph (4) accrue to local areas, States, and the

18 Nation as a result of the effect such projects have

19 on the national transportation system.

20 (6) A program dedicated to constructing

21 projects of national and regional significance is nec22 essary to improve the safe, secure, and efficient

23 movement of people and goods throughout the

24 United States and improve the health and welfare of

25 the national economy.
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1 (b) ESTABLISHMENT OF PROGRAM.—The Secretary

2 shall establish a program to provide grants to qualified

3 entities for projects of national and regional significance.

4 (c) DEFINITIONS.—

5 (1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli6 gible project costs’’ means the costs of—

7 (A) development phase activities, including

8 planning, feasibility analysis, revenue fore9 casting, environmental review, preliminary engi10 neering and design work, and other

11 preconstruction activities; and

12 (B) construction, reconstruction, rehabili13 tation, and acquisition of real property (includ14 ing land related to the project and improve15 ments to land), environmental mitigation, con16 struction contingencies, acquisition of equip17 ment, and operational improvements.

18 (2) ELIGIBLE PROJECT.—The term ‘‘eligible

19 project’’ means any surface transportation project

20 eligible for Federal assistance under title 23, United

21 States Code, including freight railroad projects and

22 activities eligible under such title.

23 (3) QUALIFIED ENTITY.—The term ‘‘qualified

24 entity’’ means a State as defined in section 101(a)

25 of title 23, United States Code.
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1 (d) ELIGIBILITY.—To be eligible for assistance under

2 this section, a project shall have eligible project costs that

3 are reasonably anticipated to equal or exceed the lesser

4 of—

5 (1) $500,000,000; or

6 (2) 75 percent of the amount of Federal high7 way assistance funds apportioned for the most re8 cently completed fiscal year to the State in which

9 the project is located.

10 (e) APPLICATIONS.—Each qualified entity seeking to

11 receive a grant under this section for an eligible project

12 shall submit to the Secretary an application in such form

13 and in accordance with such requirements as the Secretary

14 shall establish.

15 (f) COMPETITIVE GRANT SELECTION AND CRITERIA

16 FOR GRANTS.—

17 (1) IN GENERAL.—The Secretary shall—

18 (A) establish criteria for selecting among

19 projects that meet the eligibility criteria speci20 fied in subsection (d);

21 (B) conduct a national solicitation for ap22 plications; and

23 (C) award grants on a competitive basis.
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1 (2) CRITERIA FOR GRANTS.—The Secretary

2 may approve a grant under this section for a project

3 only if the Secretary determines that the project—

4 (A) is based on the results of preliminary

5 engineering;

6 (B) is justified based on the project’s

7 ability—

8 (i) to generate national economic ben9 efits, including creating jobs, expanding

10 business opportunities, and impacting the

11 gross domestic product;

12 (ii) to reduce congestion, including

13 impacts in the State, region, and Nation;

14 (iii) to improve transportation safety,

15 including reducing transportation acci16 dents, injuries, and fatalities;

17 (iv) to otherwise enhance the national

18 transportation system; and

19 (v) to garner support for non-Federal

20 financial commitments and provide evi21 dence of stable and dependable financing

22 sources to construct, maintain, and operate

23 the infrastructure facility; and

24 (C) is supported by an acceptable degree of

25 non-Federal financial commitments, including
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1 evidence of stable and dependable financing

2 sources to construct, maintain, and operate the

3 infrastructure facility.

4 (3) SELECTION CONSIDERATIONS.—In selecting

5 a project under this section, the Secretary shall con6 sider the extent to which the project—

7 (A) leverages Federal investment by en8 couraging non-Federal contributions to the

9 project, including contributions from public-pri10 vate partnerships;

11 (B) uses new technologies, including intel12 ligent transportation systems, that enhance the

13 efficiency of the project.

14 (C) helps maintain or protect the environ15 ment.

16 (4) PRELIMINARY ENGINEERING.—In evalu17 ating a project under paragraph (2)(A), the Sec18 retary shall analyze and consider the results of pre19 liminary engineering for the project.

20 (5) NON-FEDERAL FINANCIAL COMMITMENT.—

21 (A) EVALUATION OFPROJECT.—In evalu22 ating a project under paragraph (2)(C), the

23 Secretary shall require that—

24 (i) the proposed project plan provides

25 for the availability of contingency amounts
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1 that the Secretary determines to be reason2 able to cover unanticipated cost increases;

3 and

4 (ii) each proposed non-Federal source

5 of capital and operating financing is stable,

6 reliable, and available within the proposed

7 project timetable.

8 (B) CONSIDERATIONS.—In assessing the

9 stability, reliability, and availability of proposed

10 sources of non-Federal financing under sub11 paragraph (A), the Secretary shall consider—

12 (i) existing financial commitments;

13 (ii) the degree to which financing

14 sources are dedicated to the purposes pro15 posed;

16 (iii) any debt obligation that exists or

17 is proposed by the recipient for the pro18 posed project; and

19 (iv) the extent to which the project

20 has a non-Federal financial commitment

21 that exceeds the required non-Federal

22 share of the cost of the project.

23 (6) REGULATIONS.—Not later than 120 days

24 after the date of enactment of this Act, the Sec25 retary shall issue regulations on the manner in
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1 which the Secretary will evaluate and rate the

2 projects based on the results of preliminary engi3 neering, project justification, and the degree of non4 Federal financial commitment, as required under

5 this subsection.

6 (7) PROJECT EVALUATION AND RATING.—A

7 proposed project may advance from preliminary en8 gineering to final design and construction only if the

9 Secretary finds that the project meets the require10 ments of this subsection and there is a reasonable

11 likelihood that the project will continue to meet such

12 requirements. In making such findings, the Sec13 retary shall evaluate and rate the project as ‘‘highly

14 recommended’’, ‘‘recommended’’, or ‘‘not rec15 ommended’’ based on the results of preliminary engi16 neering, the project justification criteria, and the de17 gree of non-Federal financial commitment, as re18 quired under this subsection. In rating the projects,

19 the Secretary shall provide, in addition to the overall

20 project rating, individual ratings for each of the cri21 teria established under the regulations issued under

22 paragraph (6).

23 (g) LETTERS OF INTENT AND FULL FUNDING

24 GRANT AGREEMENTS.—

25 (1) LETTER OFINTENT.—
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1 (A) IN GENERAL.—The Secretary may

2 issue a letter of intent to an applicant announc3 ing an intention to obligate, for a project under

4 this section, an amount from future available

5 budget authority specified in law that is not

6 more than the amount stipulated as the finan7 cial participation of the Secretary in the

8 project.

9 (B) NOTIFICATION.—At least 60 days be10 fore issuing a letter under subparagraph (A) or

11 entering into a full funding grant agreement,

12 the Secretary shall notify in writing the Com13 mittee on Transportation and Infrastructure of

14 the House of Representatives and the Com15 mittee on Environment and Public Works of the

16 Senate of the proposed letter or agreement. The

17 Secretary shall include with the notification a

18 copy of the proposed letter or agreement as well

19 as the evaluations and ratings for the project.

20 (C) NOT AN OBLIGATION.—The issuance

21 of a letter is deemed not to be an obligation

22 under sections 1108(c) and (d), 1501, and

23 1502(a) of title 31, United States Code, or an

24 administrative commitment.
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1 (D) OBLIGATION OR COMMITMENT.—An

2 obligation or administrative commitment may

3 be made only when contract authority is allo4 cated to a project.

5 (2) FULL FUNDING GRANT AGREEMENT.—

6 (A) IN GENERAL.—A project financed

7 under this subsection shall be carried out

8 through a full funding grant agreement. The

9 Secretary shall enter into a full funding grant

10 agreement based on the evaluations and ratings

11 required under subsection (f)(7).

12 (B) TERMS.—If the Secretary makes a full

13 funding grant agreement with an applicant, the

14 agreement shall—

15 (i) establish the terms of participation

16 by the United States Government in a

17 project under this section;

18 (ii) establish the maximum amount of

19 Government financial assistance for the

20 project;

21 (iii) cover the period of time for com22 pleting the project, including a period ex23 tending beyond the period of an authoriza24 tion; and
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1 (iv) make timely and efficient man2 agement of the project easier according to

3 the laws of the United States.

4 (C) AGREEMENT.—An agreement under

5 this paragraph obligates an amount of available

6 budget authority specified in law and may in7 clude a commitment, contingent on amounts to

8 be specified in law in advance for commitments

9 under this paragraph, to obligate an additional

10 amount from future available budget authority

11 specified in law. The agreement shall state that

12 the contingent commitment is not an obligation

13 of the Government. Interest and other financing

14 costs of efficiently carrying out a part of the

15 project within a reasonable time are a cost of

16 carrying out the project under a full funding

17 grant agreement, except that eligible costs may

18 not be more than the cost of the most favorable

19 financing terms reasonably available for the

20 project at the time of borrowing. The applicant

21 shall certify, in a way satisfactory to the Sec22 retary, that the applicant has shown reasonable

23 diligence in seeking the most favorable financ24 ing terms.
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1 (3) AMOUNTS.—The total estimated amount of

2 future obligations of the Government and contingent

3 commitments to incur obligations covered by all out4 standing letters of intent and full funding grant

5 agreements may be not more than the greater of the

6 amount authorized to carry out this section or an

7 amount equivalent to the last 2 fiscal years of fund8 ing authorized to carry out this section less an

9 amount the Secretary reasonably estimates is nec10 essary for grants under this section not covered by

11 a letter. The total amount covered by new letters

12 and contingent commitments included in full funding

13 grant agreements may be not more than a limitation

14 specified in law.

15 (h) GRANT REQUIREMENTS.—

16 (1) IN GENERAL.—A grant for a project under

17 this section shall be subject to all of the require18 ments of title 23, United States Code, and chapter

19 52 of title 49, United States Code.

20 (2) OTHER TERMS AND CONDITIONS.—The Sec21 retary shall require that all grants under this section

22 be subject to all terms, conditions, and requirements

23 that the Secretary decides are necessary or appro24 priate for purposes of this section, including require25 ments for the disposition of net increases in value of
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1 real property resulting from the project assisted

2 under this section.

3 (i) GOVERNMENT’S SHARE OF PROJECT COST.—

4 Based on engineering studies, studies of economic feasi5 bility, and information on the expected use of equipment

6 or facilities, the Secretary shall estimate the cost of a

7 project receiving assistance under this section. A grant for

8 the project is for 80 percent of the project cost, unless

9 the grant recipient requests a lower grant percentage. A

10 refund or reduction of the remainder may be made only

11 if a refund of a proportional amount of the grant of the

12 Government is made at the same time.

13 (j) FISCAL CAPACITY CONSIDERATIONS.—If the Sec14 retary gives priority consideration to financing projects

15 that include more than the non-Government share re16 quired under subsection (i) the Secretary shall give equal

17 consideration to differences in the fiscal capacity of State

18 and local governments.

19 (k) REPORTS.—

20 (1) ANNUAL REPORT.—Not later than the first

21 Monday in February of each year, the Secretary

22 shall submit to the Committee on Transportation

23 and Infrastructure of the House of Representatives

24 and the Committee on Environment and Public

25 Works of the Senate a report that includes a pro-
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1 posal on the allocation of amounts to be made avail2 able to finance grants under this section.

3 (2) RECOMMENDATIONS ON FUNDING.—The

4 annual report under this paragraph shall include

5 evaluations and ratings, as required under sub6 section (f). The report shall also include rec7 ommendations of projects for funding based on the

8 evaluations and ratings and on existing commit9 ments and anticipated funding levels for the next 3

10 fiscal years and for the next 10 fiscal years based

11 on information currently available to the Secretary.

12 (l) APPLICABILITY OF TITLE 23.—Funds made avail13 able to carry out this section shall be available for obliga14 tion in the same manner as if such funds were apportioned

15 under chapter 1 of title 23, United States Code; except

16 that such funds shall not be transferable and shall remain

17 available until expended and the Federal share of the cost

18 of a project under this section shall be as provided in this

19 section.

20 SEC. 1305. DEDICATED TRUCK LANES.

21 (a) IN GENERAL.—The Secretary shall establish and

22 implement a pilot program to make allocations to States

23 for the construction of projects that separate commercial

24 truck traffic from other motor vehicle traffic. A State
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1 must submit an application to the Secretary in order to

2 receive an allocation under this section.

3 (b) SELECTION PROCESS.—

4 (1) PRIORITY.—In the selection process under

5 this section, the Secretary shall give priority to

6 projects that provide additional capacity.

7 (2) SELECTION FACTORS.—In making alloca8 tions under this section, the Secretary shall consider

9 the following factors:

10 (A) The extent to which the project will

11 improve the safe and efficient movement of

12 freight.

13 (B) The extent to which the project pro14 vides positive separation of commercial trucks

15 from other motor vehicle traffic.

16 (C) The extent to which the project con17 nects an intermodal freight facility or an inter18 national port of entry to the Dwight D. Eisen19 hower National System of Interstate and De20 fense Highways by providing limited access

21 lanes that allow commercial truck traffic to

22 enter the Interstate System at the posted speed

23 limit.

24 (D) The extent to which the project will re25 move truck traffic from surface streets.
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1 (E) The extent to which travel time is ex2 pected to be reduced as a result of the proposed

3 project.

4 (F) The extent of leveraging of Federal

5 funds provided to carry out this section,

6 including—

7 (i) use of innovative financing;

8 (ii) combination with funding provided

9 under other sections of this Act and title

10 23, United States Code; and

11 (iii) combination with other sources of

12 Federal, State, local, or private funding.

13 (c) FEDERAL SHARE.—The Federal share of the cost

14 of a project under this section shall be determined in ac15 cordance with section 120(b) of title 23, United States

16 Code.

17 (d) APPLICABILITY OF TITLE 23.—Except as pro18 vided in subsection (d), funds made available by section

19 1101(a)(22) of this Act to carry out this section shall be

20 available for obligation in the same manner as if such

21 funds were apportioned under chapter 1 of title 23, United

22 States Code.

23 (e) DEFINITIONS.—In this section the following defi24 nitions apply:
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1 (1) COMMERCIAL TRUCK.—The term ‘‘commer2 cial truck’’ means a self-propelled or towed vehicle

3 used on highways in commerce principally to trans4 port cargo if the vehicle has a gross vehicle weight

5 rating or gross vehicle weight of at least 10,001

6 pounds, whichever is greater.

7 (2) STATE.—The term ‘‘State’’ has the mean8 ing such term has under section 101 of title 23,

9 United States Code.

10 SEC. 1306. TRUCK PARKING FACILITIES.

11 (a) ESTABLISHMENT.—In cooperation with appro12 priate State, regional, and local governments, the Sec13 retary shall establish a pilot program to address the short14 age of long-term parking for commercial motor vehicles

15 on the National Highway System.

16 (b) ALLOCATION OF FUNDS.—

17 (1) IN GENERAL.—The Secretary shall allocate

18 funds made available to carry out this section among

19 States, metropolitan planning organizations, and

20 local governments.

21 (2) APPLICATIONS.—To be eligible for an allo22 cation under this section, a State, metropolitan plan23 ning organization, or local government shall submit

24 to the Secretary an application at such time and
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1 containing such information as the Secretary may

2 require.

3 (3) ELIGIBLE PROJECTS.—Funds allocated

4 under this subsection shall be used by the recipient

5 for projects described in an application approved by

6 the Secretary. Such projects shall serve the National

7 Highway System and may include the following:

8 (A) Constructing safety rest areas, as de9 fined in section 120(c) of title 23, United

10 States Code, that include parking for commer11 cial motor vehicles.

12 (B) Constructing commercial motor vehicle

13 parking facilities adjacent to commercial truck

14 stops and travel plazas.

15 (C) Opening existing facilities to commer16 cial motor vehicle parking, including inspection

17 and weigh stations and park-and-ride facilities.

18 (D) Promoting the availability of publicly

19 or privately provided commercial motor vehicle

20 parking on the National Highway System using

21 intelligent transportation systems and other

22 means.

23 (E) Constructing turnouts along the Na24 tional Highway System for commercial motor

25 vehicles.
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1 (F) Making capital improvements to public

2 commercial motor vehicle parking facilities cur3 rently closed on a seasonal basis to allow the fa4 cilities to remain open year-round.

5 (G) Improving the geometric design of

6 interchanges on the National Highway System

7 to improve access to commercial motor vehicle

8 parking facilities.

9 (4) PRIORITY.—In allocating funds made avail10 able to carry out this section, the Secretary shall

11 give priority to applicants that—

12 (A) demonstrate a severe shortage of com13 mercial motor vehicle parking capacity in the

14 corridor to be addressed;

15 (B) have consulted with affected State and

16 local governments, community groups, private

17 providers of commercial motor vehicle parking,

18 and motorist and trucking organizations; and

19 (C) demonstrate that their proposed

20 projects are likely to have positive effects on

21 highway safety, traffic congestion, or air qual22 ity.

23 (c) FUNDING.—

24 (1) IN GENERAL.—There is authorized to be

25 appropriated from the Highway Trust Fund (other
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1 than the Mass Transit Account) to carry out this

2 section $5,000,000 for each of fiscal years 2005

3 through 2009.

4 (2) CONTRACT AUTHORITY.—Funds authorized

5 under this subsection shall be available for obligation

6 in the same manner as if the funds were apportioned

7 under chapter 1 of title 23, United States Code.

8 (d) REPORT TO CONGRESS.—Not later than 5 years

9 after the date of enactment of this Act, the Secretary shall

10 transmit to Congress a report on the results of the pilot

11 program.

12 (e) FEDERAL SHARE.—The Federal share of the cost

13 of a project carried out using amounts made available

14 under this section shall be determined in accordance with

15 sections 120(b) and 120(c) of title 23, United States Code.

16 (f) APPLICABILITY OF TITLE 23.—Notwithstanding

17 any other provision of law, projects funded under this sec18 tion shall be treated as projects on a Federal-aid system

19 under chapter 1 of title 23, United States Code.

20 Subtitle D—Highway Safety

21 SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

22 (a) SAFETY IMPROVEMENT PROJECT DEFINED.—

23 Section 101(a)(30) of title 23, United States Code, is

24 amended by inserting ‘‘installs fluorescent, yellow-green
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1 signs at pedestrian or bicycle crossings or school zones,’’

2 after ‘‘call boxes,’’.

3 (b) OPERATION LIFESAVER.—Section 104(d)(1) of

4 such title is amended—

5 (1) by striking ‘‘subsection (b)(3) of this sec6 tion’’ and inserting ‘‘section 130(f)’’; and

7 (2) by striking ‘‘$500,000’’ and inserting

8 ‘‘$600,000’’.

9 (c) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI10 NATION IN HIGH SPEED RAIL CORRIDORS.—

11 (1) IN GENERAL.—Section 104(d)(2) of such

12 title is amended—

13 (A) in subparagraph (A) by striking

14 ‘‘$5,250,000’’ and inserting ‘‘$7,500,000 for

15 each of fiscal years 2004 and 2005,

16 $10,000,000 for each of fiscal years 2006 and

17 2007, and $15,000,000 for each of fiscal years

18 2008 and 2009’’; and

19 (B) in subparagraph (E)—

20 (i) by striking ‘‘Not less than

21 $250,000 of such set-aside’’ and inserting

22 ‘‘Of such set-aside, not less than $875,000

23 for each of fiscal years 2004 and 2005,

24 $1,500,000 for each of fiscal years 2006
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1 and 2007, and $2,750,000 for each of fis2 cal years 2008 and 2009’’; and

3 (ii) by striking ‘‘per fiscal year’’.

4 (2) DESIGNATION OFCORRIDORS.—Of the rail

5 corridors selected by the Secretary in accordance

6 with section 104(d)(2) of title 23, United States

7 Code—

8 (A) the Northern New England High

9 Speed Rail Corridor is expanded to include the

10 train routes from Boston, Massachusetts, to Al11 bany, New York, and from Springfield, Massa12 chusetts, to New Haven, Connecticut; and

13 (B) the South Central Corridor is ex14 panded to include the train route from Killeen,

15 Texas, to Houston, Texas, via Bryan-College

16 Station.

17 (d) RAILWAY-HIGHWAY CROSSINGS.—

18 (1) FUNDS FOR PROTECTIVE DEVICES.—Sec19 tion 130(e) of such title is amended—

20 (A) by striking ‘‘At’’ and inserting the fol21 lowing:

22 ‘‘(1) IN GENERAL.—At’’; and

23 (B) by adding at the end the following:

24 ‘‘(2) SPECIAL RULE.—If a State demonstrates

25 to the satisfaction of the Secretary that the State
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1 has met all its needs for installation of protective de2 vices at railway-highway crossings, the State may

3 use funds made available by this subsection for other

4 purposes by this section.’’.

5 (2) APPORTIONMENT.—Section 130(f) of such

6 title is amended to read as follows:

7 ‘‘(f) APPORTIONMENT.—

8 ‘‘(1) FORMULA.—Fifty percent of the funds au9 thorized to be appropriated to carry out this section

10 shall be apportioned to the States in accordance with

11 the formula set forth in section 104(b)(3)(A), and

12 50 percent of such funds shall be apportioned to the

13 States in the ratio that total public railway-highway

14 crossings in each State bears to the total of such

15 crossings in all States.

16 ‘‘(2) MINIMUM APPORTIONMENT.—Notwith17 standing paragraph (1), each State shall receive a

minimum of 1 18 ⁄2 of 1 percent of the funds appor19 tioned under paragraph (1).

20 ‘‘(3) FEDERAL SHARE.—The Federal share

21 payable on account of any project financed with

22 funds authorized to be appropriated to carry out this

23 section shall be 90 percent of the cost thereof.’’.

24 (3) BIENNIAL REPORT TO CONGRESS.—The

25 third sentence of section 130(g) of such title is
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1 amended by striking ‘‘not later than April 1 of each

2 year,’’ and inserting ‘‘, not later than April 1, 2005,

3 and every 2 years thereafter,’’.

4 (4) EXPENDITURE OFFUNDS.—Section 130 of

5 such title is further amended by adding at the end

6 the following:

7 ‘‘(k) EXPENDITURE OF FUNDS.—Not more than 2

8 percent of funds apportioned to a State to carry out this

9 section may be used by the State for compilation and anal10 ysis of data in support of activities carried out under sub11 section (g).’’.

12 (e) SURFACE TRANSPORTATION PROGRAM.—

13 (1) IN GENERAL.—Section 133(d) of such title

14 is amended—

15 (A) by striking paragraph (1); and

16 (B) by redesignating paragraphs (2)

17 through (5) as paragraphs (1) through (4), re18 spectively; and

19 (C) in paragraph (2) (as so redesig20 nated)—

21 (i) in subparagraph (A) by striking

22 ‘‘80 percent’’ and inserting ‘‘90 percent’’;

23 (ii) in subparagraph (B) by striking

24 ‘‘tobe’’ and inserting ‘‘to be’’; and
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1 (iii) in subparagraph (D) by adding a

2 period at the end.

3 (2) CONFORMING AMENDMENTS.—

4 (A) SECTION 133.—Section 133(e) is

5 amended by striking ‘‘(d)(2)’’ and inserting

6 ‘‘(d)(1)’’ in each of paragraphs (3)(B)(i),

7 (5)(A), and (5)(B).

8 (B) SECTION 126.—Section 126(b) of such

9 title is amended—

10 (i) by striking ‘‘to the last sentence of

11 section 133(d)(1) or’’;

12 (ii) by striking ‘‘section 133(d)(3)’’

13 and inserting ‘‘section 133(d)(2)’’; and

14 (iii) by striking ‘‘or 133(d)(2)’’.

15 (f) HAZARD ELIMINATION PROGRAM.—

16 (1) PURPOSES.—Section 152(a)(1) of such title

17 is amended—

18 (A) by striking ‘‘and’’ after ‘‘bicyclists,’’;

19 and

20 (B) by inserting after ‘‘pedestrians,’’ the

21 following: ‘‘and the disabled, identify roadway

22 safety improvement needs for such locations,

23 sections, and elements,’’.
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1 (2) HAZARDS.—Section 152(a)(2)(A) of such

2 title is amended by inserting ‘‘the disabled,’’ after

3 ‘‘pedestrians,’’.

4 (3) APPROVAL OFPROJECTS.—Section 152(b)

5 of such title is amended by inserting before the pe6 riod at the end the following: ‘‘that reduces the like7 lihood of crashes involving road departures, intersec8 tions, pedestrians, the disabled, bicyclists, older driv9 ers, or construction work zones’’.

10 (4) EXPENDITURE OFFUNDS.—Section 152(c)

11 of such title is amended—

12 (A) in paragraph (2) by striking ‘‘or’’ at

13 the end;

14 (B) in paragraph (3) by striking the period

15 at the end and inserting a semicolon; and

16 (C) by adding at the end the following:

17 ‘‘(4) police assistance for traffic and speed

18 management in construction work zones;

19 ‘‘(5) installation of barriers between construc20 tion work zones and traffic lanes for the safety of

21 motorists and workers; and

22 ‘‘(6) compilation and analysis of data under

23 subsections (f) and (g) if the funds used for this

24 purpose by a State do not exceed 2 percent of the
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1 amount apportioned to such State to carry out this

2 section.’’.

3 (5) APPORTIONMENT.—Section 152(d) of such

4 title is amended to read as follows:

5 ‘‘(d) APPORTIONMENT.—

6 ‘‘(1) FORMULA.—Funds authorized to be ap7 propriated to carry out this section shall be appor8 tioned to the States in accordance with the formula

9 set forth in section 104(b)(3)(A).

10 ‘‘(2) MINIMUM APPORTIONMENT.—Notwith11 standing paragraph (1), each State shall receive a

minimum of 1 12 ⁄2 of 1 percent of the funds appor13 tioned under paragraph (1).

14 ‘‘(3) FEDERAL SHARE.—The Federal share

15 payable on account of any project financed with

16 funds authorized to be appropriated to carry out this

17 section shall be 90 percent of the cost thereof.’’.

18 (6) BIENNIAL REPORT TO CONGRESS.—

19 (A) IN GENERAL.—Section 152 of such

20 title is amended by adding at the end the fol21 lowing:

22 ‘‘(i) BIENNIAL REPORT TO CONGRESS.—Not later

23 than 2 years after the date of enactment of this sub24 section, and every 2 years thereafter, the Secretary shall

25 transmit to the Committee on Transportation and Infra-
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1 structure of the House of Representatives and the Com2 mittee on Environment and Public Works of the Senate

3 a report on the results of the program under this section.

4 The report shall include, at a minimum, the following:

5 ‘‘(1) A summary of State projects completed

6 under this section categorized by the types of haz7 ards and a statement of the cost of such projects.

8 ‘‘(2) An analysis of the effectiveness of such

9 categories of projects in reducing the number and

10 severity of crashes at high hazard locations.

11 ‘‘(3) An assessment of the adequacy of author12 ized funding for the program and State use of such

13 funding to address the national need for such

14 projects.

15 ‘‘(4) Recommendations for funding and pro16 gram improvements to reduce the number of high

17 hazard locations.

18 ‘‘(5) An analysis and evaluation of each State

19 program, an identification of any State found not to

20 be in compliance with the schedule of improvements

21 required by subsection (a), and recommendations for

22 future implementation of the hazard elimination pro23 gram.’’.
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1 (B) CONFORMING AMENDMENT.—Section

2 152(g) of such title is amended by striking the

3 third sentence through the last sentence.

4 (g) EFFECTIVE DATE.—The amendments made by

5 subsections (b)(1), (d), (e), and (f) shall take effect on

6 September 30, 2004.

7 SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW

8 OF VEHICULAR TRAFFIC.

9 Not later than 1 year after the date of enactment

10 of this Act, the Secretary shall issue regulations to de11 crease the likelihood of worker injury and maintain the

12 free flow of vehicular traffic by requiring workers whose

13 duties place them on or in close proximity to a Federal14 aid highway (as defined in section 101 of title 23, United

15 States Code) to wear high visibility garments. Such regu16 lations may also require such other worker-safety meas17 ures for workers with those duties as the Secretary deter18 mines appropriate.

19 SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT

20 PROGRAM.

21 (a) ESTABLISHMENT.—The Secretary shall establish

22 and implement a high risk rural road safety improvement

23 program in accordance with this section.

24 (b) ELIGIBLE PROJECTS.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), a State may obligate funds apportioned

3 to it under this section only for construction and

4 operational improvement projects on high risk rural

5 roads and only if the primary purpose of the project

6 is to improve highway safety on a high risk rural

7 road.

8 (2) SPECIAL RULE.—A State may use funds

9 apportioned to it under this section for any project

10 approved by the Secretary under section 152 of title

11 23, United States Code, if the State certifies to the

12 Secretary that it has no projects described in para13 graph (1).

14 (c) STATE ALLOCATION SYSTEM.—Each State shall

15 establish a system for allocating funds apportioned to it

16 under this section among projects eligible for assistance

17 under this section that have the highest benefits to high18 way safety. Such system may include a safety manage19 ment system established by the State under section 303

20 of title 23, United States Code, or a survey established

21 pursuant to section 152(a) of such title.

22 (d) APPORTIONMENT OF FUNDS.—On October 1 of

23 each fiscal year, the Secretary shall apportion among

24 States sums authorized to be appropriated to carry out

25 this section for such fiscal year as follows:
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(1) 1 1 ⁄3 in the ratio that—

2 (A) each State’s public road lane mileage

3 for rural minor collectors and rural local roads;

4 bears to

5 (B) the total public road lane mileage for

6 rural minor collectors and rural local roads of

7 all States.

(2) 1 8 ⁄3 in the ratio that—

9 (A) the population of areas other than ur10 banized areas in each State, as shown by the

11 most recent Government decennial census of

12 population; bears to

13 (B) the population of all areas other than

14 urbanized areas in the United States, as shown

15 by that census.

(3) 1 16 ⁄3 in the ratio that—

17 (A) the total vehicle miles traveled on pub18 lic roads in each State; bears to

19 (B) the total number of vehicle miles trav20 eled on public roads in all States.

21 (e) APPLICABILITY OF TITLE 23.—Funds made

22 available to carry out this section shall be available for

23 obligation in the same manner as if such funds were ap24 portioned under chapter 1 of title 23, United States Code;

25 except that such funds shall not be transferable and shall
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1 remain available until expended and the Federal share of

2 the cost of a project under this section shall be 80 percent.

3 Notwithstanding any other provision of law, projects as4 sisted under this section shall be treated as projects on

5 a Federal-aid system under such chapter.

6 (f) DEFINITIONS.—In this section, the following defi7 nitions apply:

8 (1) HIGH RISK RURAL ROAD.—The term ‘‘high

9 risk rural road’’ means any roadway functionally

10 classified as a rural major or minor collector or a

11 rural local road—

12 (A) on which the accident rate for fatali13 ties and incapacitating injuries exceeds the

14 statewide average for these functional classes of

15 roadway; or

16 (B) which will likely have increases in traf17 fic volume that are likely to create an accident

18 rate for fatalities and incapacitating injuries

19 that exceeds the statewide average for these

20 functional classes of roadway.

21 (2) STATE AND URBANIZED AREA.—The terms

22 ‘‘State’’ and ‘‘urbanized area’’ have the meaning

23 such terms have under section 101(a) of title 23,

24 United States Code.
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1 SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY

2 PROGRAMS.

3 (a) USE OF SAFETY BELTS AND MOTORCYCLE HEL4 METS.—Section 153(h) of title 23, United States Code,

5 is amended—

6 (1) in paragraph (2)—

7 (A) in the paragraph heading by striking

8 ‘‘THEREAFTER.—’’ and inserting ‘‘FISCAL

9 YEARS 1995–2003.—’’; and

10 (B) by inserting ‘‘and ending before Octo11 ber 1, 2003,’’ after ‘‘September 30, 1994,’’;

12 (2) by redesignating paragraphs (3) through

13 (5) as paragraphs (4) through (6), respectively;

14 (3) by inserting after paragraph (2) the fol15 lowing:

16 ‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—

17 On October 1, 2003, and each October 1 thereafter,

18 if a State does not have in effect a law described in

19 subsection (a)(2), the Secretary shall transfer from

20 the funds apportioned to the State on that date

21 under each of subsections (b)(1), (b)(2), and (b)(3)

22 of section 104 to the apportionment of the State

23 under section 402 an amount equal to 3 percent of

24 the funds apportioned to the State under such sub25 sections for fiscal year 2003.’’; and

26 (4) in paragraph (5) (as so redesignated)—
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1 (A) by striking ‘‘which is determined by

2 multiplying’’ and inserting ‘‘which, for fiscal

3 year 2004 and each fiscal year thereafter, is de4 termined by multiplying’’; and

5 (B) in subparagraph (B) by striking ‘‘such

6 fiscal year’’ each place it appears and inserting

7 ‘‘fiscal year 2003’’.

8 (b) OPEN CONTAINER REQUIREMENTS.—Section

9 154(c) of title 23, United States Code, is amended—

10 (1) in paragraph (2)—

11 (A) in the paragraph heading by striking

12 ‘‘AND FISCAL YEARS THEREAFTER’’; and

13 (B) by striking ‘‘and each October 1 there14 after,’’;

15 (2) by redesignating paragraphs (3) through

16 (7) as paragraphs (4) through (8), respectively;

17 (3) by inserting after paragraph (2) the fol18 lowing:

19 ‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—

20 On October 1, 2003, and each October 1 thereafter,

21 if a State has not enacted or is not enforcing an

22 open container law described in subsection (b), the

23 Secretary shall transfer from the funds apportioned

24 to the State on that date under each of paragraphs

25 (1), (3), and (4) of section 104(b) an amount equal
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1 to 3 percent of the funds apportioned to the State

2 under such paragraphs for fiscal year 2003 to be

3 used or directed as described in subparagraph (A) or

4 (B) of paragraph (1).’’;

5 (4) in paragraph (5) (as so redesignated) by

6 striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph

7 (4)’’;

8 (5) in paragraphs (4), (5), and (6) (as so redes9 ignated) by striking ‘‘paragraph (1) or (2)’’ and in10 serting ‘‘paragraph (1), (2), or (3)’’; and

11 (6) in paragraph (7)(B) (as so redesignated)—

12 (A) by striking ‘‘The amount’’ and insert13 ing ‘‘For fiscal year 2004 and each fiscal year

14 thereafter, the amount’’; and

15 (B) in subclauses (I) and (II) of clause (ii)

16 by striking ‘‘the fiscal year’’ and inserting ‘‘fis17 cal year 2003’’.

18 (c) MINIMUM PENALTIES FOR CERTAIN REPEAT OF19 FENDERS.—Section 164(b) of title 23, United States

20 Code, is amended—

21 (1) in paragraph (2)—

22 (A) in the paragraph heading by striking

23 ‘‘AND FISCAL YEARS THEREAFTER’’; and

24 (B) by striking ‘‘and each October 1 there25 after,’’;
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1 (2) by redesignating paragraphs (3) through

2 (7) as paragraphs (4) through (8), respectively;

3 (3) by inserting after paragraph (2) the fol4 lowing:

5 ‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—

6 On October 1, 2003, and each October 1 thereafter,

7 if a State has not enacted or is not enforcing a re8 peat intoxicated driver law, the Secretary shall

9 transfer from the funds apportioned to the State on

10 that date under each of paragraphs (1), (3), and (4)

11 of section 104(b) an amount equal to 3 percent of

12 the funds apportioned to the State under such para13 graphs for fiscal year 2003 to be used or directed

14 as described in subparagraph (A) or (B) of para15 graph (1).’’;

16 (4) in paragraph (5) (as so redesignated) by

17 striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph

18 (4)’’;

19 (5) in paragraphs (4), (5), and (6) (as so redes20 ignated) by striking ‘‘paragraph (1) or (2)’’ and in21 serting ‘‘paragraph (1), (2), or (3)’’; and

22 (6) in paragraph (7)(B) (as so redesignated)—

23 (A) by striking ‘‘The amount’’ and insert24 ing ‘‘For fiscal year 2004 and each fiscal year

25 thereafter, the amount’’; and
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1 (B) in subclauses (I) and (II) of clause (ii)

2 by striking ‘‘the fiscal year’’ and inserting ‘‘fis3 cal year 2003’’.

4 SEC. 1405. SAFETY INCENTIVE GRANTS FOR USE OF SEAT

5 BELTS.

6 Section 157(g)(1) of title 23, United States Code, is

7 amended by striking ‘‘fiscal year 2003’’ and inserting

8 ‘‘each of fiscal years 2003 and 2004’’.

9 SEC. 1406. SAFETY INCENTIVES TO PREVENT OPERATION

10 OF MOTOR VEHICLES BY INTOXICATED PER11 SONS.

12 (a) CODIFICATION OF PENALTY.—Section 163 of

13 title 23, United States Code, is amended—

14 (1) by redesignating subsection (e) as sub15 section (f); and

16 (2) by inserting after subsection (d) the fol17 lowing:

18 ‘‘(e) PENALTY.—

19 ‘‘(1) IN GENERAL.—On October 1, 2003, and

20 October 1 of each fiscal year thereafter, if a State

21 has not enacted or is not enforcing a law described

22 in subsection (a), the Secretary shall withhold from

23 amounts apportioned to the State on that date

24 under each of paragraphs (1), (3), and (4) of section
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1 104(b) an amount equal to the amount specified in

2 paragraph (2).

3 ‘‘(2) AMOUNT TO BE WITHHELD.—If a State is

4 subject to a penalty under paragraph (1), the Sec5 retary shall withhold for a fiscal year from the ap6 portionments of the State described in paragraph

7 (1) an amount equal to a percentage of the funds

8 apportioned to the State under paragraphs (1), (3),

9 and (4) of section 104(b) for fiscal year 2003. The

10 percentage shall be as follows:

11 ‘‘(A) For fiscal year 2004, 2 percent.

12 ‘‘(B) For fiscal year 2005, 4 percent.

13 ‘‘(C) For fiscal year 2006, 6 percent.

14 ‘‘(D) For fiscal year 2007, and each fiscal

15 year thereafter, 8 percent.

16 ‘‘(3) FAILURE TO COMPLY.—If, within 4 years

17 from the date that an apportionment for a State is

18 withheld in accordance with this subsection, the Sec19 retary determines that the State has enacted and is

20 enforcing a law described in subsection (a), the ap21 portionment of the State shall be increased by an

22 amount equal to the amount withheld. If, at the end

23 of such 4-year period, any State has not enacted or

24 is not enforcing a law described in subsection (a)
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1 any amounts so withheld from such State shall

2 lapse.’’.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

4 163(f)(1) of such title, as redesignated by subsection

5 (a)(1) of this section, is amended by striking ‘‘fiscal year

6 2003’’ and inserting ‘‘each of fiscal years 2003 and

7 2004’’.

8 (c) REPEAL.—Section 351 of the Department of

9 Transportation and Related Agencies Appropriations Act,

10 2001 (23 U.S.C. 163 note; 114 Stat. 1356A–34) is re11 pealed.

12 SEC. 1407. REPEAT OFFENDERS FOR DRIVING WHILE IN13 TOXICATED.

14 Section 164(a)(5)(A) of title 23, United States Code,

15 is amended to read as follows:

16 ‘‘(A) receive (i) a driver’s license suspen17 sion for not less than 1 year, or (ii) a combina18 tion of suspension of all driving privileges of an

19 individual for the first 45 days of the suspen20 sion period followed by a reinstatement of lim21 ited driving privileges for the propose of getting

22 to and from work, school, or an alcohol treat23 ment program if an ignition interlock device is

24 installed on each of the motor vehicles owned or

25 operated, or both, by the individual;’’.
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1 SEC. 1408. REPAIR OR REPLACEMENT OF HIGHWAY FEA2 TURES ON NATIONAL HIGHWAY SYSTEM.

3 (a) RULEMAKING PROCEEDING.—The Secretary shall

4 conduct a rulemaking proceeding to determine the appro5 priate conditions under which a State when choosing to

6 repair or replace damaged highway features on the Na7 tional Highway System with State funds (rather than with

8 available Federal financial assistance) should be required

9 to repair or replace such features with highway features

10 that have been tested, evaluated, and found to be accept11 able under the guidelines contained in the report of the

12 Transportation Research Board of the National Research

13 Council entitled ‘‘NCHRP Report 350-Recommended Pro14 cedures for the Safety Performance Evaluation of High15 way Features’’.

16 (b) MATTERS TO BE CONSIDERED.—The rulemaking

17 proceeding shall cover those highway features that are cov18 ered by the guidelines referred to in subsection (a). The

19 conditions to be considered by the Secretary in the rule20 making proceeding shall include types of highway features,

21 cost-effectiveness, and practicality of replacement with

22 highway features that have been found to be acceptable

23 under such guidelines.

24 (c) REGULATIONS.—Not later than 1 year after the

25 date of enactment of this Act, the Secretary shall issue

26 regulations regarding the conditions under which States
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1 when choosing to repair or replace damaged highway fea2 tures described in subsection (a) will be required to repair

3 or replace such features with highway features that have

4 been tested, evaluated, and found to be acceptable as de5 scribed in subsection (a).

6 Subtitle E—Construction and

7 Contract Efficiencies

8 SEC. 1501. DESIGN–BUILD.

9 (a) QUALIFIED PROJECTS.—Section 112(b)(3)(C) of

10 title 23, United States Code, is amended to read as fol11 lows:

12 ‘‘(C) QUALIFIED PROJECTS.—A qualified

13 project referred to in subparagraph (A) is a

14 project under this chapter for which the Sec15 retary has approved the use of design-build con16 tracting under criteria specified in regulations

17 issued by the Secretary.’’.

18 (b) EXPERIMENTAL PROCUREMENT.—Section

19 112(b)(3) of such title is further amended—

20 (1) by redesigning subparagraph (D) as sub21 paragraph (G); and

22 (2) by inserting after subparagraph (C) the fol23 lowing:

24 ‘‘(D) EXPERIMENTAL PROCUREMENT.—As

25 part of any experimental program carried out
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1 under this section, the Secretary shall evaluate

2 the use of procurement procedures under this

3 paragraph where subjective evaluation criteria

4 account for the majority of the selection deter5 mination.

6 ‘‘(E) LIMITATION ON STATUTORY CON7 STRUCTION.—Nothing in this section shall be

8 construed as effecting the authority to carry out

9 any experimental program concerning design10 build contracting that is being carried out by

11 the Secretary on the date of enactment of this

12 subparagraph.

13 ‘‘(F) REPORT.—Not later than 3 years

14 after the date of enactment of this subpara15 graph, the Secretary shall transmit to Congress

16 a report on the effectiveness of design-build

17 contracting procedures in which the majority of

18 the selection determinations are made based on

19 subjective criteria in accordance with subpara20 graph (D).’’.

21 SEC. 1502. WARRANTY HIGHWAY CONSTRUCTION PROJECT

22 PILOT PROGRAM.

23 (a) IN GENERAL.—The Secretary shall establish and

24 implement a pilot program designed to encourage States
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1 to incorporate warranties in the letting of contracts for

2 highway construction projects.

3 (b) MAXIMUM NUMBER OF PROJECTS.—The Sec4 retary may allow not more than 15 projects a year to be

5 carried out under the pilot program.

6 (c) FEDERAL SHARE.—The Federal share of the

7 costs of a project under the pilot program may not exceed

8 90 percent.

9 (d) MINIMUM PROJECT COST.—The estimated total

10 cost of a project to be carried out under the pilot program

11 must be greater than $15,000,000.

12 (e) SELECTION PROCESS.—In the selection process

13 for the pilot program, the Secretary shall select, to the

14 extent possible, projects from several different regions of

15 the United States in order to demonstrate the effects that

16 different climates and traffic patterns have on warranty

17 highway construction projects.

18 (f) RULEMAKING.—

19 (1) IN GENERAL.—Not later than 1 year after

20 the date of enactment of this Act, the Secretary

21 shall issue a rule to implement the pilot program.

22 The rule shall include the following factors for eligi23 bility of a highway construction project to be in24 cluded in the program:
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1 (A) A requirement that the contract for

2 the project must include a long-term limited

3 warranty that is of a duration sufficient to en4 sure that—

5 (i) the cost to the State of the project

6 that will be carried out is less than the es7 timated cost to construct the project with8 out the warranty plus the estimated costs

9 that would be incurred by the State and

10 that would otherwise be covered during the

11 proposed warranty period if a warranty

12 were in effect; and

13 (ii) the estimated cost to road users

14 during the warranty period is less than

15 such estimated cost without a warranty.

16 (B) In determining the sufficient duration

17 of a long-term limited warranty under subpara18 graph (A), the Secretary shall establish sepa19 rate sufficient durations for different types of

20 projects, such as initial construction, pavement

21 resurfacing and rehabilitation, and pavement

22 markings.

23 (C) A requirement that the limited war24 ranty must address, at a minimum—
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1 (i) the responsibilities of the warranty

2 provider;

3 (ii) the responsibilities of the Depart4 ment of Transportation;

5 (iii) the terms of the warranty, includ6 ing duration and, if applicable, traffic vol7 umes and vehicle classification; and

8 (iv) performance criteria to be met to

9 determine if maintenance is required.

10 (2) FACTORS TO CONSIDER.—In issuing the

11 rule, the Secretary may consider the following fac12 tors as requirements for the warranty contract for

13 eligibility under the pilot program:

14 (A) A plan to account for inflation during

15 the warranty period.

16 (B) The frequency of performance assess17 ments performed.

18 (C) The response time for repairs.

19 (D) A plan for emergency repairs.

20 (E) Clearly set out limits of liability under

21 the warranty, if any.

22 (F) Dispute resolution provisions.

23 (G) A severability provision.

24 (H) Other provisions the Secretary con25 siders necessary for carrying out the program.
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1 (g) SAVINGS.—Section 112 of title 23, United States

2 Code, shall apply to the projects carried out under this

3 section unless the Secretary determines that applying such

4 section to such projects is inconsistent with the provisions

5 of this section.

6 (h) REPORTS.—Not later than 5 years after the date

7 of enactment of this Act and every year thereafter, the

8 Secretary shall transmit to the Committee on Transpor9 tation and Infrastructure of the House of Representatives

10 and the Committee on Environment and Public Works of

11 the Senate a report outlining activities carried out under

12 the program and the results of the program.

13 SEC. 1503. PRIVATE INVESTMENT STUDY.

14 (a) STUDY.—Not later than 6 months after the date

15 of enactment of this Act, the Secretary shall enter into

16 an agreement with the National Academy of Sciences to

17 conduct a comprehensive study of private investment in

18 surface transportation infrastructure.

19 (b) MATTERS TO BE EVALUATED.—Under the agree20 ment, the National Academy of Sciences shall evaluate the

21 advantages and disadvantages of private investment in

22 surface transportation infrastructure and the impact of

23 such investment on the ability of State and local authori24 ties to use innovative financing, including—

25 (1) preconstruction funding requirements;
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1 (2) integration of private investment in the

2 transportation planning process;

3 (3) use of toll revenues by State and local au4 thorities;

5 (4) use of toll credits by State and local au6 thorities;

7 (5) requirements for debt financing instru8 ments, reimbursable expenses, and conditions on

9 payments;

10 (6) limitation on fees charged at federally fund11 ed fringe and corridor parking facilities;

12 (7) revenues needed to provide a reasonable

13 rate of return to private investors;

14 (8) costs to users of facilities due to imposition

15 of tolls;

16 (9) sales-in-lease-out arrangement of transpor17 tation assets; and

18 (10) such other matters as the Secretary con19 siders appropriate.

20 (c) REPORT.—

21 (1) TO SECRETARY.—Under the agreement, the

22 National Academy of Sciences shall submit to the

23 Secretary a report on the results of the study by

24 such date as the Secretary may require.
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1 (2) TO CONGRESS.—Not later than January 1,

2 2006, the Secretary shall transmit to the Committee

3 on Transportation and Infrastructure of the House

4 of Representatives and the Committee on Environ5 ment and Public Works of the Senate a copy of the

6 report of the National Academy of Sciences, together

7 with such recommendations as the Secretary con8 siders appropriate.

9 SEC. 1504. HIGHWAYS FOR LIFE PILOT PROGRAM.

10 (a) ESTABLISHMENT.—

11 (1) IN GENERAL.—The Secretary shall establish

12 and implement a pilot program to be known as the

13 ‘‘Highways for LIFE pilot program’’.

14 (2) PURPOSE.—The purpose of the pilot pro15 gram shall be to advance longer-lasting highways

16 using innovative technologies and practices to ac17 complish the fast construction of efficient and safe

18 highways and bridges.

19 (3) OBJECTIVES.—Under the pilot program,

20 the Secretary shall provide leadership and incentives

21 to demonstrate and promote state-of-the-art tech22 nologies, elevated performance standards, and new

23 business practices in the highway construction proc24 ess that result in improved safety, faster construc-
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1 tion, reduced congestion from construction, and im2 proved quality and user satisfaction.

3 (b) PROJECTS.—

4 (1) APPLICATIONS.—To be eligible to partici5 pate in the pilot program, a State shall submit to

6 the Secretary an application that is in such form

7 and contains such information as the Secretary re8 quires. Each application shall contain a description

9 of proposed projects to be carried by the State under

10 the pilot program.

11 (2) ELIGIBILITY.—A proposed project shall be

12 eligible for assistance under the pilot program if the

13 project—

14 (A) constructs, reconstructs, or rehabili15 tates a route or connection on a Federal-aid

16 highway eligible for assistance under chapter 1

17 of title 23, United States Code;

18 (B) uses innovative technologies, manufac19 turing processes, financing, or contracting

20 methods that improve safety, reduce congestion

21 due to construction, and improve quality; and

22 (C) meets additional criteria as determined

23 by the Secretary.

24 (3) PROJECT PROPOSAL.—A project proposal

25 submitted under paragraph (1) shall contain—
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1 (A) an identification and description of the

2 projects to be delivered;

3 (B) a description of how the projects will

4 result in improved safety, faster construction,

5 reduced congestion due to construction, user

6 satisfaction, and improved quality;

7 (C) a description of the innovative tech8 nologies, manufacturing processes, financing,

9 and contracting methods that will be used for

10 the proposed projects; and

11 (D) such other information as the Sec12 retary may require.

13 (4) SELECTION CRITERIA.—In selecting

14 projects for approval under this section, the Sec15 retary shall ensure that the projects provide an eval16 uation of a broad range of technologies in a wide va17 riety of project types and shall give priority to the

18 projects that—

19 (A) address achieving the Highways for

20 LIFE performance standards for quality, safe21 ty, and speed of construction;

22 (B) deliver and deploy innovative tech23 nologies, manufacturing processes, financing,

24 contracting practices, and performance meas25 ures that will demonstrate substantial improve-
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1 ments in safety, congestion, quality, and cost2 effectiveness;

3 (C) include innovation that will lead to

4 change in the administration of the State’s

5 transportation program to more quickly con6 struct long-lasting, high-quality, cost-effective

7 projects that improve safety and reduce conges8 tion;

9 (D) are or will be ready for construction

10 within 12 months of approval of the project

11 proposal; and

12 (E) meet such other criteria as the Sec13 retary determines appropriate.

14 (5) FINANCIAL ASSISTANCE.—

15 (A) FUNDS FOR HIGHWAYS FOR LIFE

16 PROJECTS.—Out of amounts made available to

17 carry out this section for a fiscal year, the Sec18 retary may allocate to a State up to 20 percent,

19 but not more than $15,000,000, of the total

20 cost of a project approved under this section.

21 Notwithstanding any other provision of law,

22 funds allocated to a State under this subpara23 graph may be applied to the non-Federal share

24 of the cost of construction of a project under

25 title 23, United States Code.
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1 (B) USE OFAPPORTIONED FUNDS.—A

2 State may obligate not more than 10 percent of

3 the amount apportioned to the State under 1 or

4 more of paragraphs (1), (2), (3), and (4) of sec5 tion 104(b) of title 23, United States Code, for

6 a fiscal year for projects approved under this

7 section.

8 (C) INCREASED FEDERAL SHARE.—Not9 withstanding sections 120 and 129 of title 23,

10 United States Code, the Federal share payable

11 on account of any project constructed with Fed12 eral funds allocated under this section, or ap13 portioned under section 104(b) of such title, to

14 a State under such title and approved under

15 this section may amount to 100 percent of the

16 cost of construction of such project.

17 (D) LIMITATION ON STATUTORY CON18 STRUCTION.—Except as provided in subpara19 graph (C), nothing in this subsection shall be

20 construed as altering or otherwise affecting the

21 applicability of the requirements of chapter 1 of

22 title 23, United States Code (including require23 ments relating to the eligibility of a project for

24 assistance under the program and the location

25 of the project), to amounts apportioned to a
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1 State for a program under section 104(b) that

2 are obligated by the State for projects approved

3 under this subsection.

4 (6) PROJECT SELECTIONS.—In the period of

5 fiscal years 2004 through 2009, the Secretary shall

6 approve at least one project in each State for par7 ticipation in the pilot program and for financial as8 sistance under paragraph (5) if the State submits an

9 application and the project meets the eligibility re10 quirements and selection criteria under this sub11 section.

12 (c) TECHNOLOGY PARTNERSHIPS.—

13 (1) IN GENERAL.—The Secretary may make

14 grants or enter into cooperative agreements or other

15 transactions to foster the development, improvement,

16 and creation of innovative technologies and facilities

17 to improve safety, enhance the speed of highway

18 construction, and improve the quality and durability

19 of highways.

20 (2) FEDERAL SHARE.—The Federal share of

21 the cost of an activity carried out under this sub22 section shall not exceed 80 percent.

23 (d) TECHNOLOGY TRANSFER AND INFORMATION

24 DISSEMINATION.—
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1 (1) IN GENERAL.—The Secretary shall conduct

2 a Highways for LIFE technology transfer program.

3 (2) AVAILABILITY OFINFORMATION.—The Sec4 retary shall ensure that the information and tech5 nology used, developed, or deployed under this sub6 section is made available to the transportation com7 munity and the public.

8 (e) STAKEHOLDER INPUT AND INVOLVEMENT.—The

9 Secretary shall establish a process for stakeholder input

10 and involvement in the development, implementation, and

11 evaluation of the Highways for LIFE pilot program. The

12 process may include participation by representatives of

13 State departments of transportation and other interested

14 persons.

15 (f) PROJECT MONITORING AND EVALUATION.—The

16 Secretary shall monitor and evaluate the effectiveness of

17 any activity carried out under this section.

18 (g) CONTRACT AUTHORITY.—Funds authorized to be

19 appropriated to carry out this section shall be available

20 for obligation in the same manner as if the funds were

21 apportioned under chapter 1 of title 23, United States

22 Code.

23 (h) STATE DEFINED.—In this section, the term

24 ‘‘State’’ has the meaning such term has under section

25 101(a) of title 23, United States Code.
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1 Subtitle F—Finance

2 SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE

3 AND INNOVATION ACT.

4 (a) DEFINITIONS.—Section 181 of title 23, United

5 States Code, is amended—

6 (1) in paragraph (3)—

7 (A) by striking ‘‘category’’; and

8 (B) by striking ‘‘offered into the capital

9 markets’’;

10 (2) by striking paragraph (7);

11 (3) by redesignating paragraphs (8) through

12 (15) as paragraphs (7) through (14), respectively;

13 (4) by striking the period at the end of para14 graph (8)(B) (as so redesignated) and inserting a

15 semicolon; and

16 (5) in paragraph (10) (as so redesignated) by

17 striking ‘‘bond’’ and inserting ‘‘credit’’.

18 (b) DETERMINATION OF ELIGIBILITY.—Section

19 182(a) of such title is amended—

20 (1) by striking paragraphs (1) and (2) and in21 serting the following:

22 ‘‘(1) INCLUSION IN TRANSPORTATION PLANS

23 AND PROGRAMS.—The project shall satisfy the appli24 cable planning and programming requirements of

25 sections 134 and 135 at such time as an agreement
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1 to make available a Federal credit instrument is en2 tered into under this subchapter.

3 ‘‘(2) APPLICATION.—A State, a local govern4 ment, public authority, public-private partnership, or

5 any other legal entity undertaking the project and

6 authorized by the Secretary, shall submit a project

7 application to the Secretary.’’;

8 (2) in paragraph (3)(A)(i) by striking

9 ‘‘$100,000,000’’ and inserting ‘‘$50,000,000’’;

10 (3) in paragraph (3)(B) by striking

11 ‘‘$30,000,000’’ and inserting ‘‘$15,000,000’’; and

12 (4) in paragraph (4)—

13 (A) by striking ‘‘Project financing’’ and in14 serting ‘‘The Federal credit instrument’’; and

15 (B) by inserting before the period at the

16 end ‘‘that also secure the project obligations’’.

17 (c) PROJECT SELECTION.—Section 182(b) of such

18 title is amended—

19 (1) in paragraph (1) by striking ‘‘criteria’’ the

20 second place it appears and inserting ‘‘require21 ments’’; and

22 (2) in paragraph (2)(B) by inserting ‘‘, which

23 may be the Federal credit instrument,’’ after ‘‘obli24 gations’’.

25 (d) SECURED LOANS.—
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1 (1) AGREEMENTS.—Section 183(a)(1) of such

2 title is amended—

3 (A) in each of subparagraphs (A) and (B)

4 by inserting ‘‘of any project selected under sec5 tion 602’’ after ‘‘costs’’; and

6 (B) by striking the semicolon at the end of

7 subparagraph (B) and all that follows through

8 ‘‘under section 602’’.

9 (2) INVESTMENT-GRADE RATING REQUIRE10 MENT.—Section 183(a)(4) of such title is

11 amended—

12 (A) by striking ‘‘The funding’’ and insert13 ing ‘‘The execution’’; and

14 (B) by striking the first comma and all

15 that follows through ‘‘1 rating agency’’.

16 (3) TERMS AND LIMITATIONS.—Section 183(b)

17 of such title is amended—

18 (A) in paragraph (2) by inserting ‘‘the

19 lesser of’’ after ‘‘exceed’’;

20 (B) in paragraph (2) by inserting ‘‘or the

21 amount of the senior project obligations’’ after

22 ‘‘costs’’;

23 (C) in paragraph (3)(A)(i) by inserting

24 ‘‘that also secure the senior project obligations’’

25 after ‘‘sources’’; and
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1 (D) in paragraph (4) by striking ‘‘market2 able’’.

3 (4) REPAYMENT.—Section 183(c) is amended—

4 (A) by striking paragraph (3); and

5 (B) by redesignating paragraphs (4) and

6 (5) as paragraphs (3) and (4), respectively.

7 (e) LINES OF CREDIT.—

8 (1) TERMS AND LIMITATIONS.—Section 184(b)

9 of such title is amended—

10 (A) in paragraph (3)—

11 (i) by striking the first comma; and

12 (ii) by striking ‘‘any debt service re13 serve fund, and any other available re14 serve’’ and inserting ‘‘but not including

15 reasonably required financing reserves’’;

16 (B) in paragraph (4)—

17 (i) by striking ‘‘marketable’’;

18 (ii) by striking ‘‘on which’’ and insert19 ing ‘‘of execution of’’; and

20 (iii) by striking ‘‘is obligated’’ and in21 serting ‘‘agreement’’; and

22 (C) in paragraph (5)(A)(i) by inserting

23 ‘‘that also secure the senior project obligations’’

24 after ‘‘sources’’; and
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1 (2) REPAYMENT.—Section 184(c) of such title

2 is amended—

3 (A) in paragraph (2)—

4 (i) by striking ‘‘scheduled’’;

5 (ii) by inserting ‘‘be scheduled to’’

6 after ‘‘shall’’; and

7 (iii) by striking ‘‘be fully repaid, with

8 interest,’’ and inserting ‘‘conclude, with

9 full repayment of principal and interest,’’;

10 and

11 (B) by striking paragraph (3).

12 (f) PROGRAM ADMINISTRATION.—Section 185 of

13 such title is amended to read as follows:

14 ‘‘§ 185. Program administration

15 ‘‘(a) REQUIREMENT.—The Secretary shall establish

16 a uniform system to service the Federal credit instrument

17 made available under this chapter.

18 ‘‘(b) FEES.—The Secretary may establish fees at a

19 level to cover all or a portion of the costs to the Federal

20 Government of servicing the Federal credit instrument.

21 ‘‘(c) SERVICES.—The Secretary may identify a finan22 cial entity to assist the Secretary in servicing a Federal

23 credit instrument. The services—

24 ‘‘(1) shall act as the agent for the Secretary;

25 and
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1 ‘‘(2) shall receive a servicing fee, subject to ap2 proval by the Secretary.

3 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec4 retary may retain the services of one or more expert firms,

5 including counsel, in the field of municipal and project fi6 nance to assist in the underwriting and servicing of Fed7 eral credit instruments.’’.

8 (g) FUNDING.—Section 188 of such title is amended

9 to read as follows:

10 ‘‘§ 188. Funding

11 ‘‘(a) FUNDING.—

12 ‘‘(1) IN GENERAL.—There are authorized to be

13 appropriated from the Highway Trust Fund (other

14 than the Mass Transit Account) $130,000,000 for

15 fiscal year 2004 and $140,000,000 for each of fiscal

16 years 2005 through 2009 to carry out this chapter.

17 ‘‘(2) ADMINISTRATIVE COSTS.—From funds

18 made available under paragraph (1), the Secretary

19 may use, for the administration of this subchapter,

20 not more than $3,000,000 for each of fiscal years

21 2004 through 2009.

22 ‘‘(3) AVAILABILITY.—Amounts made available

23 under paragraph (1) shall remain available until ex24 pended.

25 ‘‘(b) CONTRACT AUTHORITY.—
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1 ‘‘(1) IN GENERAL.—Notwithstanding any other

2 provision of law, approval by the Secretary of a Fed3 eral credit instrument that uses funds made avail4 able under this chapter shall be deemed to be ac5 ceptance by the United States of a contractual obli6 gation to fund the Federal credit instrument.

7 ‘‘(2) AVAILABILITY.—Amounts authorized

8 under this section for a fiscal year shall be available

9 for obligation on October 1 of the fiscal year.

10 ‘‘(c) LIMITATIONS ON CREDIT AMOUNTS.—For each

11 of fiscal years 2004 through 2009, principal amounts of

12 Federal credit instruments made available under this

13 chapter shall be limited to $2,600,000,000.’’.

14 SEC. 1602. STATE INFRASTRUCTURE BANKS.

15 (a) IN GENERAL.—Section 189 of title 23, United

16 States Code, is amended to read as follows:

17 ‘‘§ 189. State infrastructure bank program

18 ‘‘(a) DEFINITIONS.—In this section, the following

19 definitions apply:

20 ‘‘(1) CAPITAL PROJECT.—The term ‘capital

21 project’ has the meaning such term has under sec22 tion 5302 of title 49, United States Code.

23 ‘‘(2) OTHER FORMS OF CREDIT ASSISTANCE.—

24 The term ‘other forms of credit assistance’ includes

25 any use of funds in an infrastructure bank—
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1 ‘‘(A) to provide credit enhancements;

2 ‘‘(B) to serve as a capital reserve for bond

3 or debt instrument financing;

4 ‘‘(C) to subsidize interest rates;

5 ‘‘(D) to insure or guarantee letters of cred6 it and credit instruments against credit risk of

7 loss;

8 ‘‘(E) to finance purchase and lease agree9 ments with respect to transit projects;

10 ‘‘(F) to provide bond or debt financing in11 strument security; and

12 ‘‘(G) to provide other forms of debt financ13 ing and methods of leveraging funds that are

14 approved by the Secretary and that relate to

15 the project with respect to which such assist16 ance is being provided.

17 ‘‘(3) STATE.—The term ‘State’ has the mean18 ing such term has under section 401 of this title.

19 ‘‘(4) CAPITALIZATION.—The term ‘capitaliza20 tion’ means the process used for depositing funds as

21 initial capital into a State infrastructure bank to es22 tablish the infrastructure bank.

23 ‘‘(5) COOPERATIVE AGREEMENT.—The term

24 ‘cooperative agreement’ means written consent be25 tween a State and the Secretary which sets forth the
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1 manner in which the infrastructure bank established

2 by the State in accordance with this section will be

3 administered.

4 ‘‘(6) LOAN.—The term ‘loan’ means any form

5 of direct financial assistance from a State infra6 structure bank that is required to be repaid over a

7 period of time and that is provided to a project

8 sponsor for all or part of the costs of the project.

9 ‘‘(7) GUARANTEE.—The term ‘guarantee’

10 means a contract entered into by a State infrastruc11 ture bank in which the bank agrees to take responsi12 bility for all or a portion of a project sponsor’s fi13 nancial obligations for a project under specified con14 ditions.

15 ‘‘(8) INITIAL ASSISTANCE.—The term ‘initial

16 assistance’ means the first round of funds that are

17 loaned or used for credit enhancement by a State in18 frastructure bank for projects eligible for assistance

19 under this section.

20 ‘‘(9) LEVERAGE.—The term ‘leverage’ means a

21 financial structure used to increase funds in a State

22 infrastructure bank through the issuance of debt in23 struments.

24 ‘‘(10) LEVERAGED.—The term ‘leveraged’, as

25 used with respect to a State infrastructure bank,
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1 means that the bank has total potential liabilities

2 that exceed the capital of the bank.

3 ‘‘(b) COOPERATIVE AGREEMENTS.—Subject to the

4 provisions of this section, the Secretary may enter into co5 operative agreements with States for the establishment of

6 State infrastructure banks for making loans and providing

7 other forms of credit assistance to public and private enti8 ties carrying out or proposing to carry out projects eligible

9 for assistance under this section.

10 ‘‘(c) INTERSTATE COMPACTS.—

11 (1) IN GENERAL.—Congress grants consent to

12 2 or more of the States, entering into a cooperative

13 agreement under subsection (a) with the Secretary

14 for the establishment by such States of a multi-State

15 infrastructure bank in accordance with this section,

16 to enter into an interstate compact establishing such

17 bank in accordance with this section.

18 ‘‘(2) RESERVATION OFRIGHTS.—The right to

19 alter, amend or repeal interstate compacts entered

20 into under this subsection is expressly reserved.

21 ‘‘(d) FUNDING.—

22 ‘‘(1) HIGHWAY ACCOUNT.—Subject to sub23 section (j), the Secretary may permit a State enter24 ing into a cooperative agreement under this section

25 to establish a State infrastructure bank to deposit
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1 into the highway account of the bank not to

2 exceed—

3 ‘‘(A) 10 percent of the funds apportioned

4 to the State for each of fiscal years 2004

5 through 2009 under each of sections 104(b)(1),

6 104(b)(3), 104(b)(4), and 144; and

7 ‘‘(B) 10 percent of the funds allocated to

8 the State for each of such fiscal years under

9 section 105.

10 ‘‘(2) TRANSIT ACCOUNT.—Subject to subsection

11 (j), the Secretary may permit a State entering into

12 a cooperative agreement under this section to estab13 lish a State infrastructure bank, and any other re14 cipient of Federal assistance under section 5307,

15 5309, or 5311 of title 49, to deposit into the transit

16 account of the bank not to exceed 10 percent of the

17 funds made available to the State or other recipient

18 in each of fiscal years 2004 through 2009 for capital

19 projects under each of such sections.

20 ‘‘(3) RAIL ACCOUNT.—Subject to subsection (j),

21 the Secretary may permit a State entering into a co22 operative agreement under this section to establish

23 a State infrastructure bank, and any other recipient

24 of Federal assistance under subtitle V of title 49, to

25 deposit into the rail account of the bank funds made
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1 available to the State or other recipient in each of

2 fiscal years 2004 through 2009 for capital projects

3 under such subtitle.

4 ‘‘(4) CAPITAL GRANTS.—

5 ‘‘(A) HIGHWAY ACCOUNT.—Federal funds

6 deposited into a highway account of a State in7 frastructure bank under paragraph (1) shall

8 constitute for purposes of this section a capital9 ization grant for the highway account of the

10 bank.

11 ‘‘(B) TRANSIT ACCOUNT.—Federal funds

12 deposited into a transit account of a State in13 frastructure bank under paragraph (2) shall

14 constitute for purposes of this section a capital15 ization grant for the transit account of the

16 bank.

17 ‘‘(C) RAIL ACCOUNT.—Federal funds de18 posited into a rail account of a State infrastruc19 ture bank under paragraph 3 shall constitute

20 for purposes of this section a capitalization

21 grant for the rail account of the bank.

22 ‘‘(5) SPECIAL RULE FOR URBANIZED AREAS OF

23 OVER 200,000.—Funds in a State infrastructure

24 bank that are attributed to urbanized areas of a

25 State with urbanized populations of over 200,000
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1 under section 133(d)(3) may be used to provide as2 sistance with respect to a project only if the metro3 politan planning organization designated for such

4 area concurs, in writing, with the provision of such

5 assistance.

6 ‘‘(6) DISCONTINUANCE OFFUNDING.—If the

7 Secretary determines that a State is not imple8 menting the State’s infrastructure bank in accord9 ance with a cooperative agreement entered into

10 under subsection (b), the Secretary may prohibit the

11 State from contributing additional Federal funds to

12 the bank.

13 ‘‘(e) FORMS OF ASSISTANCE FROM INFRASTRUC14 TURE BANKS.—An infrastructure bank established under

15 this section may make loans or provide other forms of

16 credit assistance to a public or private entity in an amount

17 equal to all or a part of the cost of carrying out a project

18 eligible for assistance under this section. The amount of

19 any loan or other form of credit assistance provided for

20 the project may be subordinated to any other debt financ21 ing for the project. Initial assistance provided with respect

22 to a project from Federal funds deposited into an infra23 structure bank under this section may not be made in the

24 form of a grant.
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1 ‘‘(f) ELIGIBLE PROJECTS.—Subject to subsection (e),

2 funds in an infrastructure bank established under this sec3 tion may be used only to provide assistance for projects

4 eligible for assistance under this title and capital projects

5 defined in section 5302 of title 49, and any other projects

6 related to surface transportation that the Secretary deter7 mines to be appropriate.

8 ‘‘(g) INFRASTRUCTURE BANK REQUIREMENTS.—In

9 order to establish an infrastructure bank under this sec10 tion, the State establishing the bank shall—

11 ‘‘(1) deposit in cash, at a minimum, into each

12 account of the bank from non-Federal sources an

13 amount equal to 25 percent of the amount of each

14 capitalization grant made to the State and deposited

15 into such account; except that, if the deposit is into

16 the highway account of the bank and the State has

17 a non-Federal share under section 120(b) that is

18 less than 25 percent, the percentage to be deposited

19 from non-Federal sources shall be the lower percent20 age of such grant;

21 ‘‘(2) ensure that the bank maintains on a con22 tinuing basis an investment grade rating on its debt,

23 or has a sufficient level of bond or debt financing in24 strument insurance, to maintain the viability of the

25 bank;
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1 ‘‘(3) ensure that investment income derived

2 from funds deposited to an account of the bank

3 are—

4 ‘‘(A) credited to the account;

5 ‘‘(B) available for use in providing loans

6 and other forms of credit assistance to projects

7 eligible for assistance from the account; and

8 ‘‘(C) invested in United States Treasury

9 securities, bank deposits, or such other financ10 ing instruments as the Secretary may approve

11 to earn interest to enhance the leveraging of

12 projects assisted by the bank;

13 ‘‘(4) ensure that any loan from the bank will

14 bear interest at or below market interest rates, as

15 determined by the State, to make the project that is

16 the subject of the loan feasible;

17 ‘‘(5) ensure that repayment of any loan from

18 the bank will commence not later than 5 years after

19 the project has been completed or, in the case of a

20 highway project, the facility has opened to traffic,

21 whichever is later;

22 ‘‘(6) ensure that the term for repaying any loan

23 will not exceed 30 years after the date of the first

24 payment on the loan; and
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1 ‘‘(7) require the bank to make an annual report

2 to the Secretary on its status no later than Sep3 tember 30 of each year and such other reports as

4 the Secretary may require under guidelines issued to

5 carry out this section.

6 ‘‘(h) APPLICABILITY OF FEDERAL LAW.—

7 ‘‘(1) IN GENERAL.—The requirements of this

8 title and title 49 that would otherwise apply to funds

9 made available under this title or such title and

10 projects assisted with those funds shall apply to—

11 ‘‘(A) funds made available under this title

12 or such title and contributed to an infrastruc13 ture bank established under this section, includ14 ing the non-Federal contribution required under

15 subsection (g); and

16 ‘‘(B) projects assisted by the bank through

17 the use of the funds;

18 except to the extent that the Secretary determines

19 that any requirement of such title (other than sec20 tions 113 and 114 of this title and section 5333 of

21 title 49), is not consistent with the objectives of this

22 section.

23 ‘‘(2) REPAYMENTS.—The requirements of this

24 title and title 49 shall apply to repayments from

25 non-Federal sources to an infrastructure bank from
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1 projects assisted by the bank. Such a repayment

2 shall be considered to be Federal funds.

3 ‘‘(i) UNITED STATES NOT OBLIGATED.—The deposit

4 of Federal funds into an infrastructure bank established

5 under this section shall not be construed as a commitment,

6 guarantee, or obligation on the part of the United States

7 to any third party, nor shall any third party have any right

8 against the United States for payment solely by virtue of

9 the contribution. Any security or debt-financing instru10 ment issued by the infrastructure bank shall expressly

11 state that the security or instrument does not constitute

12 a commitment, guarantee, or obligation of the United

13 States.

14 ‘‘(j) MANAGEMENT OF FEDERAL FUNDS.—Sections

15 3335 and 6503 of title 31, shall not apply to funds depos16 ited into an infrastructure bank under this section.

17 ‘‘(k) PROGRAM ADMINISTRATION.—For each of fiscal

18 years 2004 through 2009, a State may expend not to ex19 ceed 2 percent of the Federal funds contributed to an in20 frastructure bank established by the State under this sec21 tion to pay the reasonable costs of administering the

22 bank.’’.

23 (b) PREPARATORY AMENDMENTS.—

24 (1) SECTION 181.—Section 181 of such title is

25 further amended—
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1 (A) by striking the section designator and

2 heading and inserting the following:

3 ‘‘§ 181. Generally applicable provisions’’;

4 (B) by striking ‘‘In this subchapter’’ and

5 inserting ‘‘(a) DEFINITIONS.—In this chapter’’;

6 (C) in paragraph (5) by striking ‘‘184’’

7 and inserting ‘‘604’’;

8 (D) in paragraph (11) (as redesignated by

9 section 1601(a) of this Act) by striking ‘‘183’’

10 and inserting ‘‘603’’; and

11 (E) by adding at the end the following:

12 ‘‘(b) TREATMENT OF CHAPTER.—For purposes of

13 this title, this chapter shall be treated as being part of

14 chapter 1.’’.

15 (2) SECTION 182.—Section 182(b)(2)(A)(viii)

16 of such title is further amended by inserting ‘‘and

17 chapter 1’’ after ‘‘this chapter’’.

18 (3) SECTION 183.—Section 183(a) of such title

19 is further amended—

20 (A) in paragraph (1) by striking ‘‘182’’

21 and inserting ‘‘602’’; and

22 (B) in paragraph (3) by striking

23 ‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B)’’.

24 (4) SECTION 184.—Section 184 of such title is

25 further amended—
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1 (A) in subsection (a)(1) by striking ‘‘182’’

2 and inserting ‘‘602’’;

3 (B) in subsection (a)(3) by striking

4 ‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B)’’;

5 and

6 (C) in subsection (b)(10) by striking

7 ‘‘183’’ and inserting ‘‘603’’.

8 (5) REFERENCES IN SUBCHAPTER.—Sub9 chapter II of chapter 1 of such title is amended by

10 striking ‘‘this subchapter’’ each place it appears and

11 inserting ‘‘chapter’’.

12 (6) SUBCHAPTER HEADINGS.—Chapter 1 of

13 such title is further amended—

14 (A) by striking ‘‘SUBCHAPTER I—

15 GENERAL PROVISIONS’’ preceding sec16 tion 101; and

17 (B) by striking ‘‘SUBCHAPTER II—

18 INFRASTRUCTURE FINANCE’’ pre19 ceding section 181.

20 (c) CHAPTER 6.—Such title is further amended by

21 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.
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‘‘606. State and local permits.

‘‘607. Regulations.

‘‘608. Funding.

‘‘609. State infrastructure bank program.’’.

1 (d) MOVING AND REDESIGNATING.—Such title is fur2 ther amended—

3 (1) by redesignating sections 181 through 189

4 as sections 601 through 609, respectively;

5 (2) by moving such sections from chapter 1 to

6 chapter 6 (as added by subsection (c)); and

7 (3) by inserting such sections after the analysis

8 for chapter 6.

9 (e) ANALYSIS FOR CHAPTER 1 AND TABLE OF CHAP10 TERS.—

11 (1) ANALYSIS FOR CHAPTER 1.—The analysis

12 for chapter 1 of such title is amended—

13 (A) by striking the headings for sub14 chapters I and II; and

15 (B) by striking the items relating to sec16 tions 181 through 189.

17 (2) TABLE OFCHAPTERS.—The table of chap18 ters for such title is amended by inserting after the

19 item relating to chapter 5 the following:

‘‘6. Infrastructure and Finance ...................................................... 601’’.
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1 SEC. 1603. FAST FEES.

2 (a) IN GENERAL.—Subchapter I of chapter 1 of title

3 23, United States Code, as amended by section 1208 of

4 the bill, is amended by adding at the end the following:

5 ‘‘§ 169. FAST fees

6 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab7 lish and implement an Interstate System FAST Lanes

8 program under which the Secretary, notwithstanding sec9 tions 129 and 301, shall permit a State, or a public or

10 private entity designated by a State, to collect fees to fi11 nance the expansion of a highway, for the purpose of re12 ducing traffic congestion, by constructing 1 or more addi13 tional lanes (including bridge, support, and other struc14 tures necessary for that construction) on the Interstate

15 System.

16 ‘‘(b) ELIGIBILITY.—To be eligible to participate in

17 the program, a State shall submit to the Secretary for ap18 proval an application that contains—

19 ‘‘(1) an identification of the additional lanes

20 (including any necessary bridge, support, and other

21 structures) to be constructed on the Interstate Sys22 tem under the program;

23 ‘‘(2) in the case of 1 or more additional lanes

24 that affect a metropolitan area, an assurance that

25 the metropolitan planning organization established

26 under section 134 for the area has been consulted
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1 during the planning process concerning the place2 ment and amount of fees on the additional lanes;

3 and

4 ‘‘(3) a facility management plan that includes—

5 ‘‘(A) a plan for implementing the imposi6 tion of fees on the additional lanes;

7 ‘‘(B) a schedule and finance plan for con8 struction, operation, and maintenance of the

9 additional lanes using revenues from fees (and,

10 as necessary to supplement those revenues, rev11 enues from other sources); and

12 ‘‘(C) a description of the public or private

13 entities that will be responsible for implementa14 tion and administration of the program.

15 ‘‘(c) REQUIREMENTS.—The Secretary shall approve

16 the application of a State for participation in the program

17 after the Secretary determines that, in addition to meeting

18 the requirements of subsection (b), the State has entered

19 into an agreement with the Secretary that provides that—

20 ‘‘(1) fees collected from motorists using a

21 FAST lane shall be collected only through the use

22 of noncash electronic technology;

23 ‘‘(2) all revenues from fees received from oper24 ation of FAST lanes shall be used only for—
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1 ‘‘(A) debt service relating to the invest2 ment in FAST lanes;

3 ‘‘(B) reasonable return on investment of

4 any private entity financing the project, as de5 termined by the State;

6 ‘‘(C) any costs necessary for the improve7 ment, and proper operation and maintenance

8 (including reconstruction, resurfacing, restora9 tion, and rehabilitation), of FAST lanes and ex10 isting lanes, if the improvement—

11 ‘‘(i) is necessary to integrate existing

12 lanes with the FAST lanes;

13 ‘‘(ii) is necessary for the construction

14 of an interchange (including an on- or off15 ramp) from the FAST lane to connect the

16 FAST lane to—

17 ‘‘(I) an existing FAST lane;

18 ‘‘(II) the Interstate System; or

19 ‘‘(III) a highway; and

20 ‘‘(iii) is carried out before the date on

21 which fees for use of FAST lanes cease to

22 be collected in accordance with paragraph

23 (6); or
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1 ‘‘(D) the establishment by the State of a

2 reserve account to be used only for long-term

3 maintenance and operation of the FAST lanes;

4 ‘‘(3) fees may be collected only on and for the

5 use of FAST lanes, and may not be collected on or

6 for the use of existing lanes;

7 ‘‘(4) use of FAST lanes shall be voluntary;

8 ‘‘(5) revenues from fees received from operation

9 of FAST lanes may not be used for any other

10 project (except for establishment of a reserve ac11 count described in paragraph (2)(D) or as otherwise

12 provided in this section);

13 ‘‘(6) on completion of the project, and on com14 pletion of the use of fees to satisfy the requirements

15 for use of revenue described in paragraph (2), no ad16 ditional fees shall be collected; and

17 ‘‘(7)(A) to ensure compliance with paragraphs

18 (1) through (5), annual audits shall be conducted for

19 each year during which fees are collected on FAST

20 lanes; and

21 ‘‘(B) the results of each audit shall be sub22 mitted to the Secretary.

23 ‘‘(d) APPORTIONMENT.—

24 ‘‘(1) IN GENERAL.—Revenues collected from

25 FAST lanes shall not be taken into account in deter-
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1 mining the apportionments and allocations that any

2 State or transportation district within a State shall

3 be entitled to receive under or in accordance with

4 this chapter.

5 ‘‘(2) NO EFFECT ON STATE EXPENDITURE OF

6 FUNDS.—Nothing in this section affects the expendi7 ture by any State of funds apportioned under this

8 chapter.’’.

9 (b) CONFORMING AMENDMENT.—

10 (1) The analysis for subchapter I of chapter 1

11 of title 23, United States Code, is amended by in12 serting after the item relating to section 167, as

13 added by section 1208 of the bill, the following:

‘‘169. FAST fees.’’.

14 (2) Section 301 of title 23, United States Code,

15 is amended by inserting after ‘‘tunnels,’’ the fol16 lowing: ‘‘and except as provided in section 169,’’.

17 SEC. 1604. TOLL FEASIBILITY.

18 Section 106 of title 23, United States Code, as

19 amended by section 1605 of this bill, is further amended

20 by adding at the end the following:

21 ‘‘(j) TOLL FEASIBILITY.—The Secretary shall select

22 and conduct a study on a project under this title that is

23 intended to increase capacity, and that has an estimated

24 total cost of at least $50,000,000, to determine whether—
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1 ‘‘(1) a toll facility for the project is feasible;

2 and

3 ‘‘(2) privatizing the construction, operation, and

4 maintenance of the toll facility is financially advis5 able (while retaining legal and administrative control

6 of the portion of the applicable Interstate route).’’.

7 SEC. 1605. USE OF EXCESS FUNDS.

8 Section 106 of title 23, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(i) USE OF EXCESS FUNDS.—

11 ‘‘(1) AUDITS.—A State may audit projects

12 funded with amounts apportioned under sections

13 104 and 144 to determine whether any amounts ob14 ligated for a project are excess funds.

15 ‘‘(2) PLANS FOR USE OF EXCESS FUNDS.—If a

16 State determines, after conducting an audit under

17 paragraph (1), that funds obligated for a project are

18 excess funds, the State may develop a plan for obli19 gating the funds for the design and construction of

20 one or more projects that are eligible for funding

21 under the program for which the funds were origi22 nally apportioned.

23 ‘‘(3) CERTIFICATION TO THE SECRETARY.—A

24 State that has developed a plan under paragraph (2)

25 shall transmit to the Secretary a certification that
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1 the State has conducted an audit under paragraph

2 (1) and developed the plan in accordance with para3 graph (2).

4 ‘‘(4) IMPLEMENTATION OFPLANS.—After

5 transmitting a certification to the Secretary with re6 spect to a plan under paragraph (3), the State may

7 carry out the plan.

8 ‘‘(5) APPLICABILITY OFREQUIREMENTS.—Ex9 cess funds used to carry out a project under this

10 section shall be subject to the requirements of this

11 title that are applicable to the program for which the

12 funds were originally apportioned.

13 ‘‘(6) EXCESS FUNDS DEFINED.—In this sub14 section, the term ‘excess funds’ means funds obli15 gated for a project that remain available for the

16 project after the project has been completed.’’.

17 Subtitle G—High Priority Projects

18 SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM.

19 (a) AUTHORIZATION OF HIGH PRIORITY

20 PROJECTS.—Section 117(a) of title 23, United States

21 Code, is amended by striking ‘‘1602 of the Transportation

22 Equity Act for the 21st Century’’ and inserting ‘‘1701 of

23 the Transportation Equity Act: A Legacy for Users’’.
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1 (b) ALLOCATION PERCENTAGES.—Section 117(b) of

2 such title is amended by striking paragraphs (1) through

3 (6) and inserting the following:

4 ‘‘(1) 19.6 percent of such amount shall be avail5 able for obligation beginning in fiscal year 2004;

6 ‘‘(2) 18.5 percent of such amount shall be avail7 able for obligation beginning in fiscal year 2005;

8 ‘‘(3) 16.3 percent of such amount shall be avail9 able for obligation beginning in fiscal year 2006;

10 ‘‘(4) 15.3 percent of such amount shall be avail11 able for obligation beginning in fiscal year 2007;

12 ‘‘(5) 15.8 percent of such amount shall be avail13 able for obligation beginning in fiscal year 2008; and

14 ‘‘(6) 14.5 percent of such amount shall be avail15 able for obligation beginning in fiscal year 2009.’’.

16 (c) FEDERAL SHARE.—Section 117(c) of such title

17 is amended by striking ‘‘; except’’ and all that follows

18 through ‘‘cost thereof’’.

19 (d) ADVANCE CONSTRUCTION.—Section 117(e) of

20 such title is amended by striking ‘‘1602 of the Transpor21 tation Equity Act for the 21st Century’’ each place it ap22 pears and inserting ‘‘1701 of the Transportation Equity

23 Act: A Legacy for Users’’.

24 (e) AVAILABILITY OF OBLIGATION LIMITATION.—

25 Section 117(g) of such title is amended by striking
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1 ‘‘Transportation Equity Act for the 21st Century’’ and in2 serting ‘‘Transportation Equity Act: A Legacy for Users’’.

3 (f) FEDERAL-STATE RELATIONSHIP.—Section

4 145(b) of such title is amended—

5 (1) by inserting after ‘‘described in’’ the fol6 lowing: ‘‘section 1702 of the Transportation Equity

7 Act: A Legacy for Users,’’;

8 (2) by inserting after ‘‘for such projects by’’ the

9 following: ‘‘section 1101(a)(17) of the Transpor10 tation Equity Act: A Legacy for Users,’’; and

11 (3) by striking ‘‘117 of title 23, United States

12 Code,’’ and inserting ‘‘section 117 of this title,’’.

13 SEC. 1702. PROJECT AUTHORIZATIONS.

14 Subject to section 117 of title 23, United States

15 Code, the amount listed for each high priority project in

16 the following table shall be available (from amounts made

17 available by section 1101(a)(17) of the Transportation

18 Equity Act: A Legacy for Users) for fiscal years 2004

19 through 2009 to carry out each such project:

High Priority Projects

No. State Project Description Amount

1. Alaska .................... Bogard/Seldon Extension in MatanuskaSusitna Borough.$4,000,000.00

2. Utah ...................... Widen and improve Geneva Road/SR 114

connecting Provo Utah and Plesant Grove

Utah.

$2,100,000.00

3. Mississippi ............. Philadelphia Bypass Highways 15 to 19:

Four-lane bypass connecting MS Highways

15, 16, and 19 south of Philadelphia with

major interchanges at each connection

point.

$1,500,000.00

4. Virginia ................. Town of Pound Riverwalk/construction of pedestrian riverwalk, Town of Pound.$100,000.00

5. California ............... Construct parking lot and improved museum

pedestrian access from the trolley station,

San Diego.

$1,000,000.00
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High Priority Projects—Continued

No. State Project Description Amount

6. Pennsylvania ......... Improve State Route 1001 at section 601

from the Village of Lockport to Queensrun.

$1,000,000.00

7. Kansas ................... Construct 127th Street bridge over I–35,

Olathe.

$3,000,000.00

8. New York .............. Improvements to Routes 32/17/6 and County

Route 105 in Orange County, NY.

$9,000,000.00

9. Missouri ................. Resurfacing and shoulder widening on U.S.

136, and replacement of 2 deficient bridges.

$3,000,000.00

10. New Hampshire .... Replace Ash Street, Pillsbury Road bridge

over I–93 in Londonderry.

$1,430,000.00

11. Georgia .................. Pave portions of CR 345, CR 44, and CR 45,

Hancock County.

$370,000.00

12. Georgia .................. Install traffic lights and pedestrian walkways

on Highway 441 at MLK, Jr. Boulevard,

Dublin.

$500,000.00

13. Washington ........... Construct a multi-jurisdictional non-motorized transportation project parallel to SR

99 called the Interurban Trail.

$2,000,000.00

14. Virginia ................. Green Cove/improvements to existing Forest

Service facility located at the trailhead of

the Virginia Creeper Trail.

$100,000.00

15. Michigan ................ Westland, Reconstruct and Widen Palmer

Road.

$2,500,000.00

16. Mississippi ............. Upgrade roads in Port Gibson (U.S. Highway

61), Claiborne County.

$600,000.00

17. New York .............. Build a structural deck that spans the New

Haven Railroad cut to create parking for

commuters, Mount Vernon.

$2,000,000.00

18. California ............... Improvement of intersection at Aviation Blvd.

and Rosecrans Ave. to reduce congestion,

Hawthorne.

$2,000,000.00

19. Illinois ................... Improvements to Diehl Road between Eola

Road and Route 59.

$500,000.00

20. New Jersey ............ Streetscape Improvements to Clements

Bridge Road from Newton Avenue to New

Jersey Turnpike, Barrington.

$500,000.00

21. New York .............. Design and construct new Interchange 11A

on I–87, connector road extending from I–

87 to Route 9/67, and interchange between

the connector road and Route 9/67.

$3,400,000.00

22. Massachusetts ....... Planning and construction of East Boston

Haul Road, Boston.

$6,000,000.00

23. Arkansas ............... Construction of Camden Port Access Road,

Camden.

$480,000.00

24. New York .............. Construct phase 2 of the Grand Concourse

improvements from East 161st St. to East

166th St.

$10,000,000.00

25. Ohio ....................... Construct upgrade of SR 16 to 4 lanes from

SR 60 to SR 16 in Coshocton County.

$3,000,000.00

26. California ............... Construct Cypress Avenue over-pass to separate I–10 and Union Pacific Railroad

tracks, Fontana.

$3,500,000.00

27. Arkansas ............... Improvements to Johnson Road from Highway 412 to I–540 through Springdale and

Johnson.

$6,000,000.00

28. Minnesota .............. For design of an extension of road from

TH10 in the City of Blaine north to the

City of Ham Lake.

$2,000,000.00

29. California ............... 8.5 miles of 6 and 8 lane arterial roadways,

building an essential east-west route across

Santa Clarita Valley.

$5,000,000.00

30. Iowa ....................... Completion of Highway 20 from Fort Dodge,

Iowa through Sioux City, IA.

$3,000,000.00

31. Alabama ................ I–65 interchange at CR 222 between SR 69

and U.S. 278.

$1,000,000.00

32. Minnesota .............. Becker County CR 143 and CR 124 improvements.$960,000.00

33. South Carolina ...... I–85/Brockman-McClimon Interchange and

Connections project.

$10,000,000.00

34. Illinois ................... Construct bike/pedestrian paths, Orland Hills $350,000.00
248

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High Priority Projects—Continued

No. State Project Description Amount

35. New York .............. Rehabilitate a historic warehouse on the Erie

Canal in the Town of Lyon, NY.

$600,000.00

36. Arkansas ............... Improvements to the I–540 and SH 102

Interchange in Bentonville.

$1,420,000.00

37. Florida ................... Airport Entrance Streetscape, Sanford .......... $500,000.00

38. Washington ........... East Marine View Drive Widening, Everett ... $9,000,000.00

39. Ohio ....................... Improvements to the intersection of Fulton

Dr. and Wales Ave. in Jackson Township.

$2,000,000.00

40. Oregon ................... Highway 34/Corvallis Bypass Intersection ..... $2,100,000.00

41. New Jersey ............ Route 82 Union County Streetscape improvements, including signing and lighting upgrades in Elizabeth City and Union Township.$1,000,000.00

42. Illinois ................... Construct connector road between Collinsville

Rd. to IL 3/North First Street, St. Clair

County.

$6,400,000.00

43. Colorado ................ New bridge across Roaring Fork River near

S end of Glenwood Springs, improve roads

connecting Midland Ave./SH 82.

$6,500,000.00

44. Pennsylvania ......... Design and construct improvements to the I–

81/Route 465 interchange and Route 465

from Walnut Bottom Road to PA 641.

$3,870,500.00

45. Texas ..................... Extend and improve Mission Trails Project,

San Antonio.

$4,000,000.00

46. Minnesota .............. Improve TH241 in St. Michael, MN by increasing lanes from 2 to 4.$4,000,000.00

47. Ohio ....................... Upgrade safety devices at Sheldon Road

Crossing, Berea.

$140,000.00

48. Michigan ................ Gravel and paving of remaining 3.2 miles in

5.5 mile stretch of Jacobsville Road,

Houghton County.

$430,000.00

49. New York .............. Implement safety measures at Railroad grade

crossings in Rockland County.

$1,000,000.00

50. Illinois ................... Construct pedestrian underpass at South

Shore Drive and 67th Street, Chicago.

$1,000,000.00

51. Ohio ....................... Bicycle Trails construction and design in

Bainbridge Township.

$1,440,000.00

52. Ohio ....................... Construct MetroParks Bikeway, Mahoning

County.

$376,000.00

53. Georgia .................. Streetscape (pedestrian safety enhancements,

sidewalks, curb replacement, restoration,

landscaping, ADA compliance), Bainbridge.

$600,000.00

54. Nebraska ............... Construct an 8.7 mile roadway constituting

the first phase of a comprehensive Beltway

System around the City of Lincoln.

$14,566,300.00

55. Minnesota .............. Design engineering and ROW acquisition to

reconstruct TH95 bridge, North Branch.

$1,000,000.00

56. Virginia ................. Improve Colorado Street bridge, Salem .......... $1,000,000.00

57. California ............... Implement streetscape improvements on segments of Laurel Canyon Blvd. and Victory

Blvd., North Hollywood.

$1,200,000.00

58. New Jersey ............ Bicycle and pedestrian paths for New Jersey

Underground Railroad.

$1,000,000.00

59. Arizona .................. Major widening of SR 95 within Lake

Havasu City.

$2,000,000.00

60. Minnesota .............. Lake Street Access to I–35W, Minneapolis .... $10,000,000.00

61. New York .............. Implement Improvements for Pedestrian

Safety in Kings County.

$1,000,000.00

62. California ............... Construct a diamond interchange on State

Route 60 at Lemon Avenue in the City of

Diamond Bar.

$12,600,000.00

63. Arkansas ............... Downtown Dickson Street Enhancement/College Avenue from Dickson Street to Archibald Yell and School Avenue to 6th Street

in Fayetteville.

$4,000,000.00

64. Pennsylvania ......... Flyover ramp and new interchange at proposed Town Center in Cranberry Township

at I–79 and Route 228.

$500,000.00

65. Texas ..................... Improvements to RR 1017, Hebbronville ....... $500,000.00
249

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High Priority Projects—Continued

No. State Project Description Amount

66. Arizona .................. Construction of a bicycle/pedestrian bridge to

connect the shores of the Salt River.

$3,000,000.00

67. Pennsylvania ......... Germantown Avenue Revitalization Project

involving landscaping, scenic enhancements, and pedestrian safety improvements

along the heavily traveled thoroughfare.

$2,600,000.00

68. Georgia .................. Widening SR 104 to increase Columbia County access to critical Augusta medical facilities as well as the Medical College of GA.$4,750,000.00

69. California ............... Repair Rosecrans Ave. and Alondra Blvd.

bridges, Bellflower.

$50,000.00

70. California ............... Study feasibility of Maglev link between San

Diego and proposed San Diego Regional

International Airport, Imperial County.

$1,000,000.00

71. Illinois ................... The addition of turning lanes to U.S. Route

14 (Northwest Highway) at the Arthur Avenue Union Pacific grade crossing and at

the Prindle Underpass in Arlington

Heights, IL.

$1,100,000.00

72. Connecticut ........... Improve Route 1 between Belden Ave. and

East Ave. in Norwalk, CT.

$2,000,000.00

73. Maryland ............... South Shore Trail. Construct first phase of

greenway from Odenton to Annapolis,

Anne Arundel County.

$1,000,000.00

74. Virginia ................. Widening Highway 15 in Prince Edward

County.

$5,000,000.00

75. New York .............. Rehabilitation of Hornbeck Rd. in Town of

Poughkeepsie, NY.

$426,550.00

76. Illinois ................... Phase II engineering to widen U.S. 45/LaGrange Road through Orland Park, IL.$1,000,000.00

77. Virginia ................. Improve Frederick Street, Staunton ............... $1,300,000.00

78. Alabama ................ Riverwalk project with continuous river-edge

walkway creating a system of parks and

open spaces in historic downtown Montgomery, AL.

$3,000,000.00

79. Georgia .................. Install landscaping and upgrade lighting on

Fall Line Freeway, Reynolds.

$500,000.00

80. Utah ...................... 13th East, Sandy City .................................... $6,300,000.00

81. Ohio ....................... Construction of rail grade separations at

intersections in Lima to improve motorist

and pedestrian safety.

$1,250,000.00

82. New Jersey ............ Observer Highway Operational and Safety

Improvements, Hoboken.

$2,500,000.00

83. New York .............. 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 69th Street to Woodhaven Blvd.

$100,000.00

84. California ............... Construction of interchange on I–10 at Palm

Drive.

$2,000,000.00

85. Illinois ................... Improve roads and bridges and undertake enhancements, Chicago.$1,000,000.00

86. New York .............. Rehabilitate Tappan Street Bridge in Town

of Newark Valley.

$1,040,000.00

87. California ............... Widen the Marin/Sonoma Narrows section of

Highway 101 to include a carpool HOV

lane in each direction.

$13,000,000.00

88. Wisconsin .............. Replace Wisconsin Street Bridge (State

Highway 44), Oshkosh, WI.

$10,000,000.00

89. Florida ................... Construct I–95/N U.S. 1 Business Park

Interchange in Ormond Beach, FL.

$4,000,000.00

90. New York .............. Replacement of the structurally deficient

Pleasantville Road bridge over the

Pocantico River, the Village of Pleasantville.

$1,000,000.00

91. Arkansas ............... Widen Lone Sassafrass Road, Drew County .. $304,000.00

92. Texas ..................... Planning, design and engineering for transportation projects in the I–35 corridor between San Antonio and Georgetown.$4,000,000.00
250

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High Priority Projects—Continued

No. State Project Description Amount

93. California ............... State Route 67 (Mapleview to Dye Rd)

Project Studies/Environmental Phase.

$6,400,000.00

94. New York .............. Construction of and improvements to Route

62 in the Village of Hamburg.

$500,000.00

95. Texas ..................... Relocation of FM 450 to the west of Hallsville.$3,000,000.00

96. Oregon ................... Upgrade the I–5 Fern Valley Interchange

(exit 24).

$3,000,000.00

97. California ............... Provide grade separation at the Firestone/Old

River School Road intersection, Downey.

$1,000,000.00

98. Texas ..................... Grade separation at U.S. 59/SH 99 and replace proposed interim ramps. Complete

U.S. 59 reconstruction project. Recommended by the U.S. 59 MIS.

$5,000,000.00

99. Maine ..................... Calais/St. Stephen Border Crossing Project ... $5,000,000.00

100. Michigan ................ U.S. 127 Completion in Gratiot County ......... $5,000,000.00

101. Nebraska ............... Construct 2 Missouri River bridges and their

approach roadways.

$3,000,000.00

102. New Jersey ............ Highway Improvements in Liberty Corridor .. $5,000,000.00

103. New Jersey ............ I–195 Allentown, NJ Exit at Sharon Station

Road.

$250,000.00

104. California ............... Expand carsharing pilot program to serve

low- and moderate-income neighborhoods in

the City and County of San Francisco.

$2,000,000.00

105. Ohio ....................... Construct the existing industrial park road

from local to State standards near Cadiz.

$4,100,000.00

106. Pennsylvania ......... Median, guiderail and sidework improvements

to intersection of SR 51 and Franklin Ave.,

Beaver County.

$2,000,000.00

107. New York .............. Roadway improvements on Pidgeon Hill Road

(NYS Route 25 to Old Country Road) and

Old Country Road (NYS Route 25 to I–

495), Huntington.

$1,500,000.00

108. Alabama ................ Alignment of existing roads along County

Road 83 providing hurricane evacuation

from coast to I–10.

$8,000,000.00

109. Texas ..................... Construction of SH 121 main lanes and

interchanges between Preston Road and

U.S. 75.

$9,000,000.00

110. Texas ..................... SH 114/SH 170 in South Denton County ..... $2,500,000.00

111. Oregon ................... Repair and recoat logging bridge over Highway 99E, Canby.$150,000.00

112. North Carolina ...... Relocate U.S. 70 to multi-lane facility around

Clayton.

$9,000,000.00

113. Ohio ....................... Construct Morse Road Corridor Improvements Phase I in Columbus, OH.$1,500,000.00

114. California ............... Improve I–8 offramp to the Desert Farming

Institute, Imperial County.

$1,000,000.00

115. Georgia .................. Upgrade sidewalks, lighting, landscaping

from Cherry Street to Hampton Street, Industrial Park to Dooly Street, Montezuma.

$500,000.00

116. New York .............. Dolsontown Rd. improvements in Town of

Wawayanda.

$1,400,000.00

117. Maryland ............... Replace Dover Bridge on MD 331 design and

right-of-way.

$4,080,000.00

118. Pennsylvania ......... Reconstruct PA Route 274, at PA Route 11/

15, Duncannon.

$1,000,000.00

119. Virginia ................. Construct I–64 and Pocahontas Parkway

Connector.

$9,000,000.00

120. Texas ..................... IH 653 and I–30 interchange improvements $8,000,000.00

121. North Carolina ...... Widen Berkley Blvd. in Goldsboro, NC by

constructing an additional lane, curbs, and

gutters.

$1,000,000.00

122. California ............... Replace SR 22 Interchanges and Bridges,

Garden Grove.

$7,300,000.00

123. Illinois ................... Construction of 2 North/South Blvds., and 1

East/West Blvd. in the vicinity of Northern

Illinois University.

$14,400,000.00

124. Illinois ................... Improve University Drive, Macomb ................ $500,000.00
251

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High Priority Projects—Continued

No. State Project Description Amount

125. Tennessee .............. Develop trails, bike paths and recreational facilities on Brady Mountain, Cumberland

County for Cumberland Trail State Park.

$250,000.00

126. Minnesota .............. Construct ramps and new bridge over Interstate 35 at CSAH 17, and reconstruct

CSAH 17 from west County Line to CSAH

30, Chisago County.

$900,000.00

127. Massachusetts ....... I–93 Interchange, Andover/Tewksbury ........... $600,000.00

128. Pennsylvania ......... Two-lane extension of Bristol Road from U.S.

202 to Park Avenue, Chalfont, New

Britian.

$1,000,000.00

129. Michigan ................ Reconstruction of Ritchie Road from village

of Lincoln to Hubbard Lake road and of

Hubbard Lake road to Mt. Maria Road,

Alcona County.

$813,000.00

130. Mississippi ............. Madison/Ridgeland I–55 Interchange: I–55

Interchange and connectors at juncture of

Madison and Ridgeland corp. limits.

$1,500,000.00

131. California ............... Construct Daggett Road and Bridge Project,

Port of Stockton, CA.

$5,000,000.00

132. New York .............. Construct Wading River bicycle and pedestrian project, Riverhead.$1,200,000.00

133. Oregon ................... Improve U.S. 97 from Modoc Point to

Algoma.

$2,000,000.00

134. New York .............. Design, Study and Construct Ferry Terminal

Facilities at Floyd Bennett Field.

$1,000,000.00

135. Minnesota .............. U.S. Highway 10 interchange in the City of

Ramsey for necessary corridor enhancements.

$1,250,000.00

136. Arkansas ............... Continued development of Caraway Road

Overpass Project, Jonesboro.

$7,000,000.00

137. New York .............. Conduct study on extending the limited access portion of NYS Route 5 to Auburn.$150,000.00

138. California ............... Rehabilitate arterials, Compton ...................... $1,500,000.00

139. Texas ..................... U.S. 82/Widen existing 2-lane facility to 4-

lane divided facility from FM 1417 in

Sherman to U.S. 69 in Bells.

$5,900,000.00

140. Maryland ............... U.S. 220/MD 53 North-South Corridor ......... $1,000,000.00

141. Connecticut ........... Improve Route 111 between Purdy Hill Road

and Fan Hill Road in Monroe, CT.

$1,500,000.00

142. Michigan ................ Wixom, Beck Road from I–96 to West Rd.

widen to 5 lanes.

$600,000.00

143. Pennsylvania ......... SR 219/Purchase of right-of-way and the

completion of the 4-lane expansion of limited access highway from Town of Somerset to Maryland border.

$17,000,000.00

144. New York .............. Improvements of concrete curbs, aprons, sidewalks, and asphalt along Sunrise Highway,

Rockville Centre.

$1,000,000.00

145. North Carolina ...... Construction of I–74 from Maxton Bypass to

NC 41 near Lumberton.

$5,000,000.00

146. Michigan ................ Expansion of U.S. 31 from Nelson Street to

Merkey Road.

$1,500,000.00

147. Arizona .................. Develop a 4-lane divided roadway on U.S. 60

from Florence to Superior, AZ.

$11,000,000.00

148. New York .............. Reconstruct Streets and Sidewalks in Middle

Village.

$1,000,000.00

149. California ............... Improvements for the Watt Avenue corridor

between Antelope Road and the Capital

City Freeway.

$3,000,000.00

150. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of a connector road between

the Valmont Industrial Park and Pennsylvania State Route 924 at Cranberry Creek.

$500,000.00

151. Minnesota .............. Edge of Wilderness Discovery Center, Marcell $471,000.00

152. North Carolina ...... Construction of a multi-lane facility on new

location from Beach Drive (SR 1104) to

NC 211, Brunswick County.

$4,000,000.00

153. New York .............. Bartow Ave. Ramp and Reconstruction at the

Hutchinson Parkway.

$1,600,000.00
252

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High Priority Projects—Continued

No. State Project Description Amount

154. Ohio ....................... South Connector in Waverly, Ohio for new

access to school campus and new development areas in a repressed Appalachian region.

$4,100,000.00

155. South Carolina ...... Construct grade separation at U.S. 521, Lancaster County.$1,745,000.00

156. Massachusetts ....... Downtown road revitalization for Pleasant

Street, Malden.

$4,000,000.00

157. California ............... Widen and realign Cherry Avenue from 19th

Street to 1 block south of Pacific Coast

Highway, Signal Hill.

$5,630,000.00

158. New York .............. Construction of Bikeway Phase III in Putnam County, NY.$459,895.00

159. Ohio ....................... Miami St. along St. Route 53 safety enhancement project to improve access to railroad

crossing.

$1,000,000.00

160. Pennsylvania ......... Design and construct access to York County

intermodal facility, or other projects as selected by York County, Pennsylvania MPO.

$2,000,000.00

161. California ............... Traffic signal upgrade, road reconfiguration,

and median strip improvements to Lakewood Blvd. between Telegraph Rd. and

Gardendale St., Downey.

$2,500,000.00

162. New York .............. To conduct mitigation measures associated

with the Palisades Interstate Parkway for

the Village of New Square, Rockland County.

$600,000.00

163. Alabama ................ County Road 52 widening from S. Shades

Crest Road to U.S. 31 in Helena and

Pelham.

$5,000,000.00

164. Louisiana ............... Improve I–10/LA 95 intersection, Duson ....... $200,000.00

165. Michigan ................ Reconstruct 4,000 feet of Church Road from

Meridian to East River Road (excluding

canal Bridge) including widening and sidewalk construction to eliminate safety hazards, Grosse Ile.

$450,000.00

166. Michigan ................ Construct road improvements to Flushing

Road from Ballenger Highway to I–475,

City of Flint.

$2,500,840.00

167. South Carolina ...... Airline Road Bridge in Anderson ................... $170,000.00

168. New Jersey ............ Planning for Liberty Corridor ........................ $500,000.00

169. Pennsylvania ......... Enhance existing directional markers and increase wayfinding signage infrastructure,

Monroe County.

$750,000.00

170. California ............... Construct Coyote Creek Trail from Kelly

Park to Berryessa station, San Jose.

$5,500,000.00

171. Michigan ................ Garden City, Reconstruction Maplewood between Inkster and Merriman.$1,000,000.00

172. Missouri ................. Study of BNSF Railroad Reconfiguration

Needs to eliminate Highway Crossings in/

around Springfield, MO.

$200,000.00

173. Tennessee .............. Construct new exit on I–75 and connect to

U.S. 11, U.S. 411 and State Route 30.

$4,500,000.00

174. Ohio ....................... Road widening and safety improvements at

Main and Bell Streets in the Village of

Chagrin Falls.

$500,000.00

175. Utah ...................... Construct Westside Connector in Provo Utah

connecting I–15 University Ave. Interchange and Provo Commercial Sector with

the Provo Airport.

$2,050,000.00

176. California ............... Reconstruct I–880/Route 92 Interchange,

Hayward.

$2,000,000.00

177. California ............... Reconstruct and widen Garfield Ave. bridge

over Rio Hondo River Channel and apply

seismic improvements, South Gate.

$4,000,000.00

178. Massachusetts ....... Somerville bikepath extension and improvements, Somerville.$1,000,000.00

179. Pennsylvania ......... Improvements to I–81, including interchanges, in Franklin County, PA.$1,000,000.00
253

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High Priority Projects—Continued

No. State Project Description Amount

180. Oklahoma .............. Construct overpass over 2 rail lines and

Highway 66, Claremore.

$2,700,000.00

181. Pennsylvania ......... Upgrade intersection of SR 30 and SR 981

at Arnold Palmer Regional Airport.

$3,000,000.00

182. Indiana .................. Realign State Road 312, Hammond ............... $4,200,000.00

183. Pennsylvania ......... Replacement of bridge without pedestrian access in Mount Joy.$250,000.00

184. Georgia .................. Highway 78 Corridor Improvement Project:

This project consists of safety enhancements for the corridor, infrastructure

needs, median upgrades, and lighting.

$7,000,000.00

185. Virgin Islands ........ Construct extensions to Routes 703 and 70,

St. Croix.

$7,000,000.00

186. Illinois ................... IL 29 from IL 6 to I–180 study and land acquisition.$1,000,000.00

187. New York .............. Construct Northern State Parkway and Long

Island Expressway access at Marcus Avenue and Lakeville Road and associated

Park and Ride.

$6,000,000.00

188. New York .............. Highway Construction I–87 Exit 3 Airport

Connector.

$2,000,000.00

189. New York .............. Transportation Enhancements in Orleans

and/or Niagara Counties to support development of Erie Canal.

$1,750,000.00

190. New Jersey ............ Addresses congestion, safety, drainage, maintenance, signing, access, pedestrian circulation and transit access along Route 17 and

Route 4 in Bergen County.

$4,500,000.00

191. New Jersey ............ Safety, traffic and pedestrian improvements

to Newark/1st Streets, Hoboken.

$300,000.00

192. California ............... Upgrade Route 4 East from the vicinity of

Loveridge Road to G Street, Contra Costa

County.

$15,000,000.00

193. Florida ................... Interchange with I–10 to connect to a new

north-south highway, and a second phase

extending to U.S. 90.

$3,000,000.00

194. North Carolina ...... Widen and improve U.S. 1 in Richmond

County with a bypass of Rockingham, NC.

$10,000,000.00

195. New York .............. Construct pedestrian waterfront walkway,

Owego.

$1,000,000.00

196. Kansas ................... Rehabilitate Kansas and Oklahoma Rail Line

to improve highway safety, decrease highway cnogestion, and reduce future road

and bridge repairs.

$5,730,000.00

197. Georgia .................. East Point Downtown Streetscape Project .... $2,000,000.00

198. New York .............. Improvements to Route 96 Bridges over Seneca River.$3,000,000.00

199. Illinois ................... Reconstruction of Frank Scott Parkway East,

St. Clair County.

$3,000,000.00

200. Texas ..................... Conduct feasibility study for a second bridge

to Pleasure Island in Port Arthur.

$500,000.00

201. Texas ..................... Relocation of 10th Street, relocation of Mission Inlet, and extension of runway 13/31,

McAllen.

$1,000,000.00

202. New York .............. Bridge replacement at Turk Hill Rd. in Putnam County, NY.$1,800,000.00

203. Oregon ................... Street improvements to provide better access

to the Wayne L. Morse United States

Courthouse.

$6,000,000.00

204. California ............... Mid Valley Station Road and Inter-Modal Improvement Project.$2,500,000.00

205. Alabama ................ To provide 4 lanes on U.S. 80, Perry County,

Marengo County, and Sumter County.

$14,000,000.00

206. Tennessee .............. Construction of visitors center on Cherohala

Skyway, a scenic byway, in Monroe County.

$100,000.00

207. New York .............. Improve CR 39 from NY 27 to NY 27A, Suffolk County.$3,000,000.00

208. Illinois ................... Pre-construction activities IL 336 from

Macomb to Peoria.

$1,000,000.00
254

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High Priority Projects—Continued

No. State Project Description Amount

209. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of PS 81.

$250,000.00

210. Minnesota .............. Cedar Lake Regional Trail Extension, Minneapolis.$3,000,000.00

211. Tennessee .............. Modification of existing interchange on I–81

at SR 341/SR 66 located in Jefferson

County.

$500,000.00

212. Louisiana ............... Upgrade 28 West from Alexandria, Louisiana

to Ft. Polk.

$1,500,000.00

213. Massachusetts ....... State Street reconstruction from Main Street

to Saint Michael’s Cemetery, Springfield.

$6,000,000.00

214. Michigan ................ Construct road improvements to North Henry

St. from Vermont Ave. to Wilder Road,

Bay City.

$1,600,000.00

215. Illinois ................... Improve intersection of McCarthy Road,

Derby Road, and Archer Avenue in

Lemont, IL.

$350,000.00

216. Oregon ................... Agness Road, Curry County ........................... $1,000,000.00

217. Illinois ................... Upgrade roads in the vicinity of Robert Taylor Homes, Chicago.$592,000.00

218. Florida ................... Widening of U.S. Highway 17 from Zolfo

Springs south to the DeSoto County line.

$2,000,000.00

219. Utah ...................... Atkinville Interchange, St. George ................. $4,000,000.00

220. Tennessee .............. Reconstruct State Route 109 from I–40 in

Wilson County to Portland in Sumner

County.

$1,000,000.00

221. Missouri ................. I–470 and Strother Road Interchange ........... $1,000,000.00

222. New York .............. Improve Traffic Flow on Lefferts Boulevard

by Rehabilitating Facilities Surrounding

LIRR/Kew Gardens Eastbound Station.

$500,000.00

223. Maine ..................... Maintenance training facilities and vehicle acquisition for Kidspeace, Ellsworth.$500,000.00

224. Illinois ................... Improve Great River Road, Warsaw ............... $500,000.00

225. Texas ..................... Improvements to East 7th Street in Austin

from I–35 to U.S. 183.

$2,000,000.00

226. Illinois ................... Upgrade I–294 and I–90 and implement ITS

projects.

$3,000,000.00

227. California ............... Reconstruct interchange at I–10 and Riverside Avenue to improve traffic, Rialto.$2,800,000.00

228. New Jersey ............ Rahway River Corridor Greenway Bicycle and

Pedestrian Path, South Orange.

$400,000.00

229. California ............... Construct multi-use trails at Galster Park

that link to other local Los Angeles County

trails, West Covina.

$1,100,000.00

230. Arkansas ............... Improvements on County Roads 18, 32, 33,

and 16, Bradley County.

$500,000.00

231. Indiana .................. Roadway improvements in Downtown Indianapolis.$18,775,000.00

232. Ohio ....................... Geauga County acquisition of historic covered

bridge.

$60,000.00

233. Oregon ................... U.S. 199/Laurel Road intersection ................. $2,000,000.00

234. New York .............. Route 32 Corridor access management and

improvement in Orange County, NY.

$500,000.00

235. Missouri ................. Construction of interstate flyover at Hughes

Road and Liberty Drive to 76th Street.

Part of Liberty Parkway Project.

$12,500,000.00

236. Maryland ............... Widen I–695 from I–83 to MD 147. Includes

maintenance and interchange work.

$9,780,000.00

237. Texas ..................... Elevate Choate Road over Union Pacific

right-of-way and SH 146. system of improvements to support the proposed

Bayport Terminal Complex.

$6,600,000.00

238. California ............... I–580 Castro Valley Interchange Improvements.$1,200,000.00

239. Illinois ................... City of Washington, Mueller Road Rehabilitation.$280,000.00

240. New York .............. Upgrade Route 17 to Interstate Standards

from the Route 14 Interchange through

Horseheads, to NY SR 13 Interchange.

$2,000,000.00
255

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

241. Tennessee .............. Extension of bicycle and pedestrian trail,

Smyrna.

$4,000,000.00

242. Iowa ....................... Reconstruction and expansion of the East 1st

Street interchange on I–35, Ankeny.

$5,000,000.00

243. Ohio ....................... Construct transportation museum (Crawford

Museum of Transportation and Industry at

Aviation High School), Cleveland.

$250,000.00

244. Wisconsin .............. Reconstruct Cameron Bypass on U.S. Highway 8.$3,000,000.00

245. Ohio ....................... Wetlands Land Preservation and Enhancements in the Town of Aurora.$750,000.00

246. New Jersey ............ Bridge replacement on Section 6V of Route 1

from Ryders Lane to Milltown Road, North

Brunswick.

$3,000,000.00

247. Arkansas ............... For acquisition and construction of an alternate transportation (pedestrian/bicycle)

trail from East Little Rock to Pinnacle

Mountain State Park.

$800,000.00

248. New York .............. Construct new access road linking North and

South sides of Route 17 in Town of

Wallkill, NY.

$2,250,000.00

249. Texas ..................... SH 349 construction south of Lamesa from

Intersection of SH 137.

$4,000,000.00

250. California ............... Construct 4,700 ft. of medians to improve

safety/congestion on Imperial Highway

from Valley View to Telegraph Road, La

Mirada.

$700,000.00

251. Pennsylvania ......... Design and construct additional turn lanes,

signal upgrades, and related improvements

at Routes 34 and 174 intersection in Cumberland County.

$580,000.00

252. Maine ..................... Construction and snowmobile safety accommodations for Route 116 Bridge Medway.$4,000,000.00

253. Pennsylvania ......... Bedford Springs Project, Bedford, PA: Relocation of Old Route 220 and Sweet Root

Road. Complete preliminary and final engineering, purchase of right-of-way, and

begin construction.

$5,000,000.00

254. Michigan ................ Geddes Road at Superior Road Roundabout,

Washtenaw County.

$750,000.00

255. Minnesota .............. Construct Paul Bunyan Trail from Mississippi River Bridge Trail to Crow Wing

State Park.

$600,000.00

256. California ............... Improvements (including arterial street rehabilitation) to enhance traffic and pedestrian

safety in Sylmar, Lake View Terrace, and

Mission, Los Angeles.

$1,250,000.00

257. Kentucky ............... Widen and reconstruct Mason’s Gap Rd. (KY

698), Lincoln County.

$500,000.00

258. Pennsylvania ......... Reconstruction of SR 2001 Sec. 401 from the

intersection of SR 2001 and U.S. 209

Bushkill Township north. Pike County.

$2,000,000.00

259. Texas ..................... Construct a 4-lane urban roadway, along with

reconstructing a bridge over UP RR on

Ritchie Road, McLennan County.

$4,000,000.00

260. North Carolina ...... Construct grade separated crossing at Sugar

Creek Road of NC Railroad-Norfolk Southern Railroad.

$4,000,000.00

261. Illinois ................... Complete Stage III of reconstruction of the

Naperville Road-Warrenville Road/I–88

interchange.

$2,150,000.00

262. Wisconsin .............. Widen U.S. Highway 10 from City of

Marshfield to City of Stevens Point.

$20,000,000.00

263. Texas ..................... Widening of 16-mile 2-lane gap on SH 24 to

4 lanes from SH 19 in Cooper.

$3,000,000.00

264. Pennsylvania ......... Design and construct interchange and related

improvements at I–83, Exit 18, or other

projects selected by York County, Pennsylvania MPO.

$6,000,000.00
256

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

265. California ............... Implement Manor Drive overpass improvement, Pacifica.$800,000.00

266. Maryland ............... Indian Head Highway Upgrades/Design for

upgrades to MD 210 to replace intersections with grade separated interchanges

from MD 228 to I–495.

$5,000,000.00

267. Texas ..................... Improvements to FM 676, Alton .................... $500,000.00

268. California ............... Construct pedestrian streetscape improvements on Ocean Blvd. and Anaheim Street

in Long Beach, including lighting landscaping and irrigation, and seating, drinking fountains, bicycle racks and trash receptacles.

$1,500,000.00

269. Wisconsin .............. Replace 17th Street Lift Bridge, Two Rivers,

WI.

$6,000,000.00

270. California ............... Conduct Study and Construct I–205/

Chrisman Road Interchange Project,

Tracy, CA.

$1,000,000.00

271. Alabama ................ New freeway connector from Dothan, AL to

the FL border.

$5,000,000.00

272. Pennsylvania ......... Design and construct widening of PA Route

94 from York/Adams County line to Elm

Street, Hanover.

$3,000,000.00

273. California ............... First Street Bridge realignment, Los Angeles $1,250,000.00

274. Ohio ....................... Construct a proposed relocation of U.S. 22

and SR 93 from the current IR 70, U.S.

40 west of Zanesville.

$10,000,000.00

275. South Carolina ...... Construct Bishopville Bypass, Lee County ..... $4,000,000.00

276. Virginia ................. Widening I–95 between Fairfax County Pkwy

and Route 123.

$5,150,000.00

277. Oregon ................... Study the feasibility of widening U.S. 26

from its interchange with Oregon Highway

217 in Beaverton to the Cornelius Pass

exit.

$750,000.00

278. Louisiana ............... Leeville Bridge ................................................ $5,000,000.00

279. New York .............. Implement Central NY grade crossing and

grade separation project.

$2,000,000.00

280. Georgia .................. Widen Godby road to Highway 314 to widen

an east-west corridor to connect 3 counties,

Clayton County.

$2,500,000.00

281. Florida ................... SR 710 Expansion and Improvements in

Palm Beach County, FL.

$2,000,000.00

282. Iowa ....................... Complete final segment of MLK Parkway

West Project, and complete 4 segments of

MLK Parkway East Project, Des Moines.

$9,000,000.00

283. Arkansas ............... Resurface Jack Creek Road, Logan County ... $200,000.00

284. California ............... Upgrade San Fernando Road corridor to include traffic calming measures, Los Angeles.$7,500,000.00

285. Georgia .................. Sidewalk revitalization project in downtown

Eastman.

$593,175.00

286. North Carolina ...... Conversion of the American Tobacco Trail for

use as bike/pedestrian trail, Durham/Chatham counties.

$2,000,000.00

287. Texas ..................... Lamesa Bypass/U.S. 87 N to near U.S. 180 $6,500,000.00

288. Michigan ................ Bridge connecting to East Marshall Bypass

Road in East Marshall, crossing the Kalamazoo River and Norfolk South Railroad.

$300,000.00

289. Texas ..................... Widen Washington Blvd. from Langham Rd.

to FM 364.

$2,592,000.00

290. Illinois ................... Improve roads and bridges, Illinois ................ $10,000,000.00

291. New York .............. Multi-modal project in Downtown Flushing,

Queens.

$1,000,000.00

292. New Jersey ............ Route 139 Bridge Rehabilitation, Hoboken ... $2,000,000.00

293. Louisiana ............... Belle Chasse Tunnel ....................................... $500,000.00

294. Pennsylvania ......... Design, engineering, ROW acquisition and reconstruction of Main Street in the vicinity

of Parsonage Street, City of Pittston.

$250,000.00

295. Wisconsin .............. Pioneer Road Rail Grade Separation, Fond

du Lac, WI.

$4,000,000.00
257

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

296. Michigan ................ Holmes Road Reconstruction/from Prospect

Road to Michigan Avenue, Charter Township of Ypsilanti.

$2,000,000.00

297. Georgia .................. Improvement and expansion of Camp Creek

Road at Enon road, Fulton County.

$1,000,000.00

298. New York .............. Seeks to provide direct access from I–81 to

Fort Drum gates; 1st phase of larger

Northern Tier Expressway (linking I–81 to

I–87).

$6,000,000.00

299. Tennessee .............. Bicycle and pedestrian trail, Eagleville .......... $100,000.00

300. New York .............. Roadway improvements, may include drainage, paving and guard rail, to County

Route 4, Ensign Pond Road, in the Towns

of Moriah and North Hudson.

$1,000,000.00

301. Tennessee .............. Reconstruct and Widen U.S. 64 from a 2-

lane to a 4-lane facility.

$5,225,000.00

302. Wisconsin .............. Widen U.S. 51/State Highway 29 .................. $8,000,000.00

303. Minnesota .............. Replace and Realign the Sauk Rapids Bridge

and approaches in St. Cloud and Sauk

Rapids.

$3,000,000.00

304. Ohio ....................... Widen Pearl Road, Strongsville ...................... $1,600,000.00

305. Nevada .................. I–80 Interchange at Nevada Pacific Parkway,

Fernley, Nevada. Will benefit commuting

employees of NAS Fallon.

$1,000,000.00

306. Ohio ....................... Replace and improve Mill Street Bridge,

Akron.

$2,000,000.00

307. Pennsylvania ......... Complete a half diamond interchange at PA

309 and Norristown Rd. by the Montgomery County Planning Commission.

$4,000,000.00

308. Texas ..................... South McColl Extension between Oragewood

and Military Highway, Hidalgo County.

$2,500,000.00

309. New York .............. Improve downtown streets, Saugerties ........... $1,000,000.00

310. Mississippi ............. Upgrade roads in Arcola, Greenville, and

Hollandale (U.S. Highway 61 and 18),

Washington County.

$1,800,000.00

311. Pennsylvania ......... Design and construct the relocation of U.S.

11 northbound between Ridge Hill and

Hempt Roads and around New Kingstown.

$5,680,000.00

312. New Mexico ........... Construct NM 128 from NM 31 to Texas

State line.

$6,000,000.00

313. California ............... Construct pedestrian, bicycle and ADA accessible boardwalks at the Pismo Beach

Promenade, San Luis Obispo County.

$300,000.00

314. Tennessee .............. Eliminate blockage of 2 lanes on Gay Street

in Knoxville to accommodate loading dock.

$2,000,000.00

315. Tennessee .............. Construct trail and bike path at S. Chickamauga Creek.$1,600,000.00

316. California ............... Resurface and construct truck lane at CA

Highway 94 and I–8 interchange, Boulevard.

$3,000,000.00

317. Michigan ................ Canton, Pave Cherry Hill west of Denton Rd $2,500,000.00

318. Minnesota .............. Birch Cove Rest Area, Hoyt Lakes ................ $200,000.00

319. Illinois ................... Construct parking facility and undertake circulation enhancements at 96th and East

Shore Drive, Oak Lawn.

$200,000.00

320. Pennsylvania ......... Finish missing ramps and widening at intersection of I–279 and I–79 in the Pittsburgh Airport Corridor.$3,000,000.00

321. Georgia .................. Improvements to intersection of SR 196 and

U.S. 84 in Liberty County.

$2,000,000.00

322. Illinois ................... Reconstruct Milwaukee Avenue, Chicago ....... $1,500,000.00

323. New York .............. Construction of an Intermodal transportation

facility just off of the Bronx River Parkway’s exit 6.

$2,500,000.00

324. Michigan ................ Ultra thin demonstration project resurfacing

of Mitchell Road from the City of Petoskey

limits east to Division, Emmet County.

$60,000.00

325. Florida ................... Widen U.S. 17 to 4 lanes in Putnam County,

FL.

$12,000,000.00
258

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

326. New York .............. Enhance road and transportation facilities in

the vicinity of the Brooklyn Children’s Museum.

$50,000.00

327. Alaska .................... Point MacKenzie in Matamuska-Susitna Borough plan and design road access.$1,000,000.00

328. Nevada .................. Construct North Las Vegas Craig Road Overpass at the Union Pacific Railroad Crossing.$5,500,000.00

329. Pennsylvania ......... Design and construct intersection and related

upgrades on PA Routes 24 and 124 in

York County.

$1,000,000.00

330. Pennsylvania ......... Rail Bridge Removal and intersection improvements, Cameron and Paxton Streets,

Harrisburg.

$1,400,000.00

331. Oregon ................... Construct sidewalks and improve storm

drainage and gutters for the City of Medford, Oregon’s, Safe Walk Plan.

$1,000,000.00

332. New York .............. I–81 Corridor Improvements from Hancock

Intl. Airport to and including the reconstruction of the Interchange at I–690.

$3,000,000.00

333. Wisconsin .............. Reroute State Highway 11 through Burlington, WI.$911,000.00

334. California ............... Construct sound barriers at the I–5/SR 54

Interchange, National City.

$1,000,000.00

335. Illinois ................... Reconstruction and widening of the Illinois

Route 60 bridge over I–94 in Lake Forest,

IL.

$8,010,000.00

336. New York .............. Construction of and improvements to Lovejoy

Avenue in Buffalo.

$1,000,000.00

337. Missouri ................. Construction of replacement for I–44 and

U.S. 65 Interchange, Springfield, MO.

$16,300,000.00

338. New York .............. Funds an intermodal transportation facility

on Clarkson Avenue in Brooklyn.

$1,000,000.00

339. Michigan ................ Novi, Reconstruct Grand River between Novi

Rd. and Haggerty.

$1,000,000.00

340. California ............... Construct bypass along California Highway

101 around the town of Willits.

$8,000,000.00

341. New York .............. Rehabilitate bike and pedestrian path in

Utica Marsh.

$124,000.00

342. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Knoxville,

TN.

$57,000.00

343. New York .............. Develop terminal facilities for water taxi

projects, New York City.

$4,600,000.00

344. Utah ...................... Northern Corridor, St. George ....................... $6,000,000.00

345. Alaska .................... Planning, design, and construction of a

bridge joining the Island of Gravina to the

community of Ketchikan.

$125,000,000.00

346. Massachusetts ....... Construct 3.5 mile Grand Trunk Trail,

Sturbridge/Southbridge.

$750,000.00

347. Illinois ................... Provide a 4-lane connection between Route

13 and Route 45 near Harrisburg.

$500,000.00

348. Indiana .................. Construct U.S. 31 Freeway Project for St.

Joseph and Marshall Counties.

$25,000,000.00

349. Virginia ................. Reconstruct Route 20 at/adjacent to Montpelier for entryway project.$1,000,000.00

350. Michigan ................ repave Caseville Road from State Highway M

142 to State Highway M 25.

$500,000.00

351. Maine ..................... Plan and construct North-South Aroostook

highways, to improve access to St. John

Valley, including Presque Isle Bypass and

other improvements.

$4,000,000.00

352. Illinois ................... Village of South Jacksonville, West Vandalia

Road upgrades.

$800,000.00

353. Alabama ................ U.S. 278, 4-laning 10.5 miles between

Sulligent and Crews, AL.

$1,000,000.00

354. New York .............. Construct bicycle/pedestrian trail on old

Mahopac RR right-of-way in Westchester

County, NY.

$1,000,000.00
259

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

355. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of intersection improvements

and safety enhancements, Borough of

Throop in Lackawanna County.

$250,000.00

356. Georgia .................. Decatur Bikeway ............................................. $200,000.00

357. Virginia ................. Repair of Commonwealth Blvd. Bridge in

Martinsville.

$500,000.00

358. New Mexico ........... I–25 Tramway Interchange: I–25 and Tramway Interchange.$4,000,000.00

359. Wyoming ............... Casper West Belt Loop: Construct new connector route between Highway 220 and

U.S. 20/26.

$2,000,000.00

360. Maryland ............... Hughesville Bypass/relocation of MD 5 from

end of divided highway south of

Hughesville to end of the divided highway

north of Hughesville.

$10,000,000.00

361. Pennsylvania ......... Construct the widening of PA 94 from the

Adams/York County line north to Appler

Road in Adams County.

$1,500,000.00

362. Arkansas ............... Upgrade Nevada County Roads 7, 4, 17, and

6.

$400,000.00

363. Oregon ................... Preliminary engineering and construction of a

railroad crossing at the intersection of

Havlik Drive and Highway 30, Scappoose.

$200,000.00

364. Tennessee .............. Widen SR 36 to 5 lanes in Washington County.$1,000,000.00

365. Ohio ....................... SR 20/Mentor Rd. road widening and safety

improvements in the Painesville Township.

$350,000.00

366. Missouri ................. Improve intersection of the I–44 and Missouri Route 100 interchange and the Shaw

Nature Reserve Access near Gray Summit,

MO.

$500,000.00

367. Georgia .................. Resurface and widen Jac-Art Road as part of

Bleckley County Development Authority

project.

$200,000.00

368. New Jersey ............ Widens the intersection, replaces bridge

structures and improves other road segments leading to the intersection NJ Route

57/CR Route 519 in Warren County.

$2,700,000.00

369. Illinois ................... Widen U.S. Route 67 from Macomb to Illinois 101.$3,000,000.00

370. Minnesota .............. To expand Stearns County Road 4 from 4 to

6 lanes and realign Stearns County Road

134.

$2,000,000.00

371. Tennessee .............. Extension of SR 449 in Sevier County, now

under construction.

$500,000.00

372. South Carolina ...... Construction to improve Assembly Street between Pendleton Street and the WilliamsBrice stadium to eliminate roadway-rail.$1,500,000.00

373. Alabama ................ 20 mile limited access corridor from U.S.

Highway 80 to U.S. Highway 231 and I–

85.

$3,000,000.00

374. California ............... Roadway surface improvements, street lighting, and storm drain improvements to

South Center Street from Baughman Road

to State Route 78/86, Westmoreland.

$800,000.00

375. Georgia .................. South Lumpkin Road Trail (pedestrian, bicycle, jogging, safety upgrades), Columbus.$1,000,000.00

376. Wisconsin .............. Reconstruct State Highway 16 (Columbus to

Highway 26), Dodge County, WI.

$4,000,000.00

377. Georgia .................. Buford Highway pedestrian safety improvement.$2,500,000.00

378. New York .............. Construct visitor center, access road and

parking at Sam’s Point Preserve, Ellenville.

$750,000.00

379. Texas ..................... Completion of the 3rd and 4th phases on the

Marsha Sharp Freeway, U.S. 82/62. Construction between Chicago and Salem Avenues.

$16,000,000.00
260

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

380. Massachusetts ....... Westford Street-Wood Street-Rourke Bridge

Corridor improvements, Lowell.

$750,000.00

381. Texas ..................... Interchange of I–10 and SH 99 (the Grand

Parkway), a multi-lane highway that will

form a third loop around Houston.

$5,000,000.00

382. New Jersey ............ Safety improvements and widening Route 206

and CR 513 Main Street (Route 24).

$1,000,000.00

383. New York .............. Comprehensive traffic congestion mitigation

study of Hauppauge Industrial Park and

surrounding area, Suffolk County.

$750,000.00

384. Georgia .................. SR 133 upgrade, Dougherty/Colquitt Co ....... $1,000,000.00

385. New York .............. Construction, re-design and improvements to

Fargo Street in Buffalo.

$3,000,000.00

386. Washington ........... Spokane Advanced Traffic Management System Expansion: Expand existing Intelligent

Transportation System (ITS) in City of

Spokane.

$500,000.00

387. Michigan ................ M 13 Washington Avenue Streetscape

Project/Phase II of High Priority Project

192 in Public Law 105–550, Saginaw.

$1,500,000.00

388. Guam ..................... Reconstruct Haga ̊tn ̃a River Bridges, Municipality of Haga ̊tn ̃a.$6,000,000.00

389. New York .............. Hopewell Junction Bypass Road in Town of

East Fishkill, NY.

$1,000,000.00

390. New York .............. Implement Improvements for Pedestrian

Safety in Bronx County.

$1,000,000.00

391. Illinois ................... Upgrade streets and implement traffic and

pedestrian safety signalization improvements, Oak Lawn.

$7,740,000.00

392. California ............... Widening on Bear Valley Pkwy, City of Escondido, Citrus Ave. to Valley Pkwy and to

northern city limit, local arterial.

$2,000,000.00

393. California ............... Reconstruction and repair of pedestrian walkways in and around the campus of California State University Northridge to improve traffic and safety.$784,000.00

394. New York .............. Study of goods movement through I–278 in

New York City and Northern New Jersey

to be conducted by Region II University

Transportation Research Center.

$1,500,000.00

395. Missouri ................. Mississippi Riverfront Bicycle/Pedestrian trail

connecting with Columbia Bottom conservation area.

$300,000.00

396. New Jersey ............ Route 22 Sustainable Corridor Plan .............. $2,000,000.00

397. Minnesota .............. Reconstruct Unorganized Township Road 488

from CSAH 138, Koochiching County.

$1,025,000.00

398. New York .............. Widening and resurfacing of a 1-mile stretch

of the bicycle path from Boston Post Rd.

to Playland Park, Rye.

$275,000.00

399. Arkansas ............... Construction of roadway for SE Intermodal,

Drew/Bradley Counties.

$2,080,000.00

400. Virginia ................. Widen Route 33 at High Street, Harrisonburg.$500,000.00

401. Indiana .................. New road construction of Dixon Road from

Alto Road to Greentree Lane and Dixon

Road from Markland Avenue to Judson

Road in Kokomo, IN.

$2,000,000.00

402. Georgia .................. Design, right-of-way acquisition and construction of Fulton County Industrial Blvd.$2,000,000.00

403. Louisiana ............... Essen Lane at I–12; Perkins Road; Central

Thruway; O’Neal Lane; LA 408 study; and

Burbank Drive; and Essen Park Extension

in East Baton Rouge Parish.

$30,000,000.00

404. Alabama ................ Patton Island Bridge Corridor connecting

Colbert and Lauderdale Counties.

$10,000,000.00

405. Pennsylvania ......... Improve Route 89 one mile north of Titusville $300,000.00

406. South Carolina ...... Construction of Safety Improvements and

Beautification along I–385.

$2,000,000.00
261

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

407. Illinois ................... Engineering and right-of-way acquisition to

widen 95th Street between PlainfieldNaperville Road and Boughton Road.

$500,000.00

408. Minnesota .............. Environmental impact statement for improvement along the entire U.S. 10 corridor.$1,300,000.00

409. Idaho ..................... Widen U.S. 95 from 2 to 4 lanes from

Worley to Mica Creek.

$6,000,000.00

410. Kentucky ............... Rehabilitate U.S. 127 from U.S. 127 South

(Hustonville Rd.) to the Mercer County

line, Danville.

$1,000,000.00

411. California ............... Improvements to increase beach access, prevent storm drain failure and accommodate

increasing pedestrian traffic on The Stand,

Manhattan Beach.

$2,000,000.00

412. Pennsylvania ......... Construct a new parking facility for the

Cruise Terminal Transportation Center

within the Philadelphia Naval Business

Center.

$5,000,000.00

413. Washington ........... To replace BNSF trestle, Sammamish River

bridge and reconstruct SR 202/127th Pl

NE and SR 202/180th Ave. NE intersections.

$2,000,000.00

414. New York .............. Roadway improvements in Village of

Schuylerville, including Routes 4, 32, and

29. Includes infrastructure, mobility, safety

and streetscape improvements.

$4,350,000.00

415. New York .............. Reconstruction of Route 59 from Sickletown

Road to Route 303, Rockland County.

$1,000,000.00

416. Kansas ................... Construction of a 1.5 mile new roadway truck

route in Downs, KS.

$500,000.00

417. Hawaii ................... Upgrade Farrington Highway ........................ $2,800,000.00

418. California ............... Upgrade Jepson Parkway at the North and

South Access Gates of Travis Air Force

Base and widen Vanden Road segment, Solano County.

$2,000,000.00

419. California ............... Will add landscaping enhancements along the

freeway for aesthetic purposes in Ventura

County.

$2,500,000.00

420. South Carolina ...... Palmetto Trails Project/Statewide bicycle and

pedestrian trails project connecting historic

sites, important natural landscapes and

many communities.

$2,000,000.00

421. Oklahoma .............. Widen U.S. 60 between Bartlesville and

Pawhuska, Osage County.

$2,000,000.00

422. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of intersection improvements

and safety enhancements, Borough of

Moosic in Lackawanna County.

$250,000.00

423. California ............... Construction of a .2 miles section of Poinsettia Lane in the City of Carlsbad, local

arterial.

$2,000,000.00

424. Michigan ................ Reconstruct Lake road in Ironwood from

Margaret Street to Airport Road, Gogebic

County.

$805,000.00

425. Georgia .................. Widening of GA SR 400 from 4 lanes to 6

lanes between Haynes Bridge Road and

McFarland Rd.

$10,000,000.00

426. Illinois ................... Construct road from Route 13 to Carterville

Herrin Road, Herrin.

$800,000.00

427. Tennessee .............. Construct and Widen State Route 33 in Monroe County.$5,000,000.00

428. Pennsylvania ......... Replace traffic signals, optimize signal timing

devices, and install traffic calming devices

and new signage through construction in

Mechanicsburg.

$1,200,000.00

429. Indiana .................. 1.5 mile Rd. ext., Allen County, IN. The

project is the 1.5 mile road extension from

Lake Ave. to State Road 930.

$11,000,000.00
262

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

430. New Jersey ............ Construct Parking Facility at Union City

Intermodal Facility.

$2,000,000.00

431. New York .............. Construction of and improvements to Union

Road in West Seneca.

$1,000,000.00

432. Alabama ................ Birmingham Northern Beltline ....................... $20,000,000.00

433. Florida ................... Removal and replacement of Columbus Street

bridge, Hillsborough County.

$750,000.00

434. North Carolina ...... Rerouting of Holly Springs Church Road (NC

SR 1815) beginning near the intersection

with Airport Road (NC SR 1876) to Janice

Drive (NC SR 1894) near Mount Airy in

Surry County.

$1,000,000.00

435. California ............... Implement and maintain an incident management system for I–880 and I–80, Alameda

and Contra Costa Counties.

$500,000.00

436. California ............... Replace South Access to Golden Gate Bridge,

San Francisco.

$6,000,000.00

437. California ............... Construct an auxiliary lane on Highway 17

between Camden and Hamilton Avenues,

Campbell.

$12,900,000.00

438. California ............... Construction of a bridge that will connect

highways Camino Capistrano and Cabot

Road in the City of Mission Viejo.

$838,690.00

439. California ............... Realign State Route 79 from Gilman Springs

Road to Domenigoni Parkway in San

Jacinto.

$2,000,000.00

440. Illinois ................... Construct bikepath and pedestrian walkway

along Western Avenue; construct access

road for West Ridge Nature Preserve, Chicago.

$3,000,000.00

441. California ............... Pasadena Multi-modal intelligent transportation system: Traffic management center

upgrade, transit management system, parking guidance system, the City of Pasadena.

$2,500,000.00

442. New York .............. Rehabilitate Route 35/202 from Bear Mt.

Parkway to Taconic Parkway in New York

State DOT.

$1,575,000.00

443. Hawaii ................... Construct Waimea Bypass .............................. $1,000,000.00

444. Kansas ................... Construct I–35/Lone Elm Road interchange

and widen I–35 from 151st Street to 159th

Street, City of Olathe.

$1,000,000.00

445. Texas ..................... Complete State Highway 146, Baytown ......... $500,000.00

446. New Jersey ............ Rehabilitation of West Broadway Bridge,

Paterson.

$3,500,000.00

447. Illinois ................... Improve safety of horizontal curve on 725th

St. in Grandview Township.

$80,000.00

448. Georgia .................. New interchange on I–95 at Horsestamp Rd $5,000,000.00

449. Michigan ................ Implement driveway control along the 3 lane

segment of U.S. 31 North and South of

Honor, Michigan.

$2,500,000.00

450. Michigan ................ Resurface 3.51 miles of Hamilton and Wessel

Roads, Alpena County.

$640,000.00

451. Mississippi ............. Pirate Cove Interchange/Access Rd.: I–20

Interchange and access roads linking I–20

to U.S. Highway 80.

$500,000.00

452. California ............... Implement streetscape project on Central Avenue from 103rd Street to Watts/103rd

Street Station, Watts.

$3,500,000.00

453. New York .............. Improvements on Lower Rd. in Town of

Minisink, NY.

$175,000.00

454. Ohio ....................... Construct SR 104 into a 4 lane facility with

a turning lane in Ross County.

$6,000,000.00

455. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of intersection improvements

and safety enhancements, Borough of Old

Forge in Lackawanna County.

$250,000.00

456. New York .............. Reconstruct NYS Route 12 (Route 20 to

Waterville North Village Line).

$4,927,000.00

457. Michigan ................ Reconstruction of Intersection at Woodside

Avenue and Borton Avenue, Essexville.

$960,000.00
263

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High Priority Projects—Continued

No. State Project Description Amount

458. Pennsylvania ......... U.S. Route 13 corridor reconstruction, redevelopment, and beautification in Bucks

County.

$5,000,000.00

459. Maryland ............... Jones Falls Greenway (hiker/biker trail).

Funding for Baltimore City to construct

Phase 2 of this urban trail.

$4,000,000.00

460. California ............... Construct grade separation at State College

Blvd., Fullerton/Anaheim.

$2,000,000.00

461. New York .............. Reconstruction of Herald and Greeley

Squares, New York City.

$500,000.00

462. Florida ................... Alternate U.S. 19, Tyrone Blvd. at 72nd St.,

St. Petersburg.

$6,000,000.00

463. California ............... Inland Empire Goods Movement Gateway

Project.

$23,000,000.00

464. Florida ................... State Road 9B/I–295 Extension and Connection (Duval County).$3,500,000.00

465. Illinois ................... Construction of a new intersection of a public

road at U.S. Route 50 in Olney.

$550,000.00

466. Missouri ................. Intelligent Transportation System pilot deployment to enhance efficiency and security

of cargo in Kansas City region.

$500,000.00

467. Connecticut ........... Widen Route 34, Derby .................................. $3,000,000.00

468. Texas ..................... Arlington, IH 30 at FM 157 (Collins) and

Center Street interchange improvements.

$2,000,000.00

469. Tennessee .............. Widen State Route 62 in Knox County, TN .. $6,500,000.00

470. Massachusetts ....... Rehabilitation of Whittier Bridge which carries Route I–95 over the Merrimack between Amesbury and Newburyport.$2,000,000.00

471. California ............... Port of Hueneme Intermodal Access Improvement Project, including grade separation at

Rice Avenue/State Route 34; road widening

at Hueneme Road.

$4,700,000.00

472. Arkansas ............... Improve County Road 75, Polk County ......... $200,000.00

473. Florida ................... Construction and 4-laning of State Road 80,

Hendry County.

$3,500,000.00

474. Ohio ....................... Improve roads and bridges, City of Youngstown.$3,000,000.00

475. Wisconsin .............. Reconstruct East Washington Avenue, Madison.$7,050,000.00

476. California ............... Widening of State Route 76 from Melrose

Drive to I–15.

$5,000,000.00

477. Nebraska ............... Planning and design of sections of the Heartland Expressway located in and around the

cities of Scottsbluff and Gering, NE.

$300,000.00

478. Illinois ................... ITS deployment, Cook County ........................ $160,000.00

479. South Carolina ...... Design, acquire land, and undertake improvements to the South Corridor project from

York County to City of Charlotte.

$2,255,000.00

480. Texas ..................... Making transportation corridor improvements

along I–69 from Palo Alto to the U.S.-

Mexico border at Brownsville Navigation

District.

$1,500,000.00

481. North Carolina ...... Upgrade portions of U.S. 220 (future I–73/

74) to interstate standards in Montgomery

County, NC.

$2,500,000.00

482. Kentucky ............... Construct the main street connector between

Lisa Lane and Main Street, Stanton.

$500,000.00

483. Pennsylvania ......... Construct access ramp from SR 247/SR 1012

into Valley View Business Park, Lackawanna County.

$2,000,000.00

484. Florida ................... Construct I–95/Matanzas Woods Parkway

Interchange in Flagler County, FL.

$4,000,000.00

485. Michigan ................ CR 515 from U.S. 2 and U.S. 41 in Rapid

River to County Road 446 at Days River

Road/bituminous overlay and joint repair,

Delta County.

$320,000.00

486. California ............... Construct truck lane from Britannia Blvd. to

the Otay Mesa Port of Entry, San Diego

County.

$4,000,000.00
264

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High Priority Projects—Continued

No. State Project Description Amount

487. New York .............. Rehabilitate bridges in Tompkins CountyIthaca Secondary Line.$2,500,000.00

488. California ............... Improve Glendale Freeway Terminus to provide pedestrian access, construct sound

barriers, and implement landscaping, Los

Angeles.

$2,500,000.00

489. Pennsylvania ......... Three at grade rail crossings along Amtrak

Keystone Corridor need to be closed for

safety reasons.

$500,000.00

490. New Mexico ........... Planning, design and construction of bikeways, walkways and underpass at the City

of Santa Fe’s downtown railyard redevelopment project.

$2,000,000.00

491. Indiana .................. Construct grade separated interchange at

Hively Avenue in the City of Elkhart.

$2,000,000.00

492. New York .............. Erie Canalway National Heritage Corridor

Transportation Enhancement Project.

$500,000.00

493. Texas ..................... Highway 80/123 overpass at Highway 181,

Karnes County.

$300,000.00

494. New York .............. Improve uptown streets, Kingston .................. $594,500.00

495. Ohio ....................... Reconstruct U.S. Route 6, Rocky River ......... $2,000,000.00

496. Illinois ................... Complete 80,000 lb. truck route between

C.H. 2 (Burma Rd.) and IL Route 130 in

Cumberland County.

$3,000,000.00

497. New York .............. Realignment/rehabilitation of Kirk Lane

Drive in Town of Carmel, NY.

$100,000.00

498. Florida ................... New systems interchange ramps at SR 417

and Boggy Creek Road in Orange County,

FL.

$5,000,000.00

499. Illinois ................... Widen U.S. Route 34 from U.S. 67 to Carmen Road.$4,000,000.00

500. Washington ........... 41st Street Bridge Widening, Everett ............ $3,500,000.00

501. New York .............. Improvements to Intermodal transportation

facility at Fort Totten, New York.

$1,000,000.00

502. Tennessee .............. Construct pedestrian bridge in Alcoa ............. $1,000,000.00

503. Texas ..................... Additional right-of-way along U.S. 71 north

of Texarkana along the Arkansas-Texas

State line.

$1,000,000.00

504. Florida ................... Shops of Sherwood Access Road, Jacksonville $1,500,000.00

505. Arkansas ............... Widen Jefferson Parkway, Jefferson County $500,000.00

506. Alaska .................... Make necessary improvements to Indian

River Road in City and Borough of Sitka.

$2,000,000.00

507. California ............... Construction of new interchange freeway

lanes, including HOV lanes at U.S. Highway 50 and Empire Ranch Road, Folsom,

CA.

$4,000,000.00

508. Arkansas ............... Highway 65 improvements including construction of passing lanes, bridge improvements, intersection improvements and

other roadway improvements, Van Buren

County.

$1,200,000.00

509. Missouri ................. Relocate this portion of I–44 between Route

D and Sugar Tree Road in West Phelps

County.

$2,000,000.00

510. Iowa ....................... Phase III of the Main Street project, Amana $1,000,000.00

511. Florida ................... Improvements of segments of U.S. Highway

27 from SR 540 to SR 544 and from I–4

to U.S. 192, in Polk County, FL.

$8,000,000.00

512. Tennessee .............. Upgrade circuit at gates/lights for Bristol

grade crossing (USDOT No. 731120J) to

intelligent systems that eliminate current

variability.

$100,000.00

513. New York .............. Improvements and restoration at old U.S.

Route 9 and Van Cortlandt Manor in Village of Croton on Hudson.

$2,700,000.00

514. Minnesota .............. New Interchange at I–35 and CSAH 2 in the

City of Forest Lake.

$3,000,000.00

515. West Virginia ........ Construct Coalfields Expressway .................... $7,200,000.00

516. New Jersey ............ Route 46 and Main Street, Lodi/Roadway

and Drainage Improvements.

$2,000,000.00
265

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

517. Nevada .................. Construct a series of 4 system-to-system

interchanges on the Clark County Beltway.

$16,500,000.00

518. Missouri ................. Design, right-of-way and construction of

Highway 13/Branson West By-Pass, Stone

County, MO.

$5,200,000.00

519. Tennessee .............. Reconfiguration and removal of I–40 and I–

55 ramps to reduce heavy traffic volumes

on Riverside Drive.

$1,000,000.00

520. Pennsylvania ......... PA Route 309 roadway construction and signalization improvements in Tamaqua Borough.$2,000,000.00

521. California ............... Improve Ave. 12/Freeway 99 interchange;

create 5 lanes and install traffic signals.

Construct Road 29 entrance east of the

interchange.

$1,500,000.00

522. California ............... Improve 16 roads, bridge and 1 bike path in

Mariposa County.

$2,000,000.00

523. Pennsylvania ......... Swamp Road corridor safety and roadway improvements.$3,500,000.00

524. Alaska .................... Crooked Creek Road to the mine site at

Donlin Creek.

$15,000,000.00

525. California ............... Widen Wilmington Ave. from 223rd street including ramp modifications, Carson.$2,000,000.00

526. Florida ................... Forrest City Road Extension Study, Maitland $500,000.00

527. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of St. Roberts Bellarmine.

$250,000.00

528. Hawaii ................... H 1 Counterflow Zipper Lane ........................ $4,000,000.00

529. Texas ..................... SH 205/widen 2 lane to 6 lane urban divided

highway north of SH 66 to SH 276.

$2,000,000.00

530. California ............... Improvements at First Street and Erringer

Road. The project will widen off ramps and

surface streets.

$2,000,000.00

531. Florida ................... Construct St. Augustine to Palatka Rail Trail

in Northeast FL.

$2,900,000.00

532. Ohio ....................... Construct connector trail connecting Xenia to

Jamestown to Washington Court House.

$1,000,000.00

533. California ............... Construct new interchange at I–15 and State

Route 18(Falchion Road) and provide new

highway access to U.S. 395.

$6,000,000.00

534. Illinois ................... Construct Streetscape project on Morse Avenue from Clark Avenue to Sheridan Road,

Chicago.

$2,000,000.00

535. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of street improvements and

safety enhancements, Borough of Plymouth

in Luzerne County.

$250,000.00

536. Ohio ....................... Road widening and safety improvements to

Pettibone Rd. in the City of Solon.

$3,000,000.00

537. New York .............. Improvement of road and bridges between 2

State highways leading to Stewart International Airport in New Windsor, NY.

$2,000,000.00

538. New York .............. Re-construction, re-design, and improvements

to Ohio Street from Fuhrmann Boulevard

to Michigan Avenue in Buffalo.

$8,000,000.00

539. New York .............. Implements traffic calming measures using

streetscape improvements from Court to

Smith Street.

$800,000.00

540. Illinois ................... Extension of Willow Creek Trail, engineering

of an 8-mile trail from Rock Cut State

Park to the Long Prairie Trail in Caledonia, Grand Illinois Trail System.

$100,000.00

541. California ............... Construct highway connecting State Route

78/86 and State Route 111, Brawley.

$10,000,000.00

542. New York .............. Construct Auburn New ‘‘Connector Road’’/

New highway between Route 5 and Route

34.

$2,000,000.00

543. Kentucky ............... Reconstruct Turkeyfoot Road from Autumn

to Richardson.

$2,000,000.00

544. Georgia .................. Stone Mountain-Lithonia bikeway and sidewalks.$1,200,000.00
266

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High Priority Projects—Continued

No. State Project Description Amount

545. Washington ........... Roosevelt Extension/SR 538 at Urban Avenue to Cameron Way, Mount Vernon.$4,000,000.00

546. Ohio ....................... Construct Farm Road Project, Gallia County $550,000.00

547. California ............... Construction of improvements to the Western

Placerville Interchanges on SR 50 between

the Missouri Flat Road Over-crossing and

the Placerville Drive under-crossing in and

near the City of Placerville in El Dorado

County.

$3,000,000.00

548. New York .............. Implement Improvements for Pedestrian

Safety in Richmond County.

$1,000,000.00

549. Georgia .................. Construction of the U.S. 411 Connector between U.S. 41 and I–75 in Floyd and

Bartow Counties.

$20,000,000.00

550. Illinois ................... Construct streetscape project at the intersection of Foster and Kedzie, Chicago.$2,220,000.00

551. Pennsylvania ......... Construct Campbelltown Connector, Lebanon

County.

$2,000,000.00

552. Illinois ................... Complete construction of route from Industrial Park Drive to Bakery Boulevard,

DuQuoin.

$625,000.00

553. Iowa ....................... Extend Muscatine Mississippi River Levee

Trail in IA.

$500,000.00

554. California ............... Project design, environmental assessment,

and roadway construction of Lonestar

Road from Alta Road to Enrico Fermi

Drive, San Diego County.

$500,000.00

555. Minnesota .............. Roadway improvements, City of Federal Dam $1,000,000.00

556. American Samoa ... Village road improvements for Launiusaelua

and Ituau counties in the Central District.

$3,000,000.00

557. California ............... Elkhorn Boulevard Widening to SR 99,

County of Sacramento, CA.

$1,000,000.00

558. Missouri ................. Construction of U.S. 71 to Expressway status, McDonald County, MO.$15,000,000.00

559. Pennsylvania ......... Construction of University Boulevard interchange on PA 60 Business near Pittsburgh

International Airport.

$3,000,000.00

560. New York .............. Rehabilitation of North and South Ridge

Street and Wappanocca Ave. in the Village

of Rye Brook and City of Rye.

$2,160,000.00

561. Ohio ....................... Construction of a connector road between Orchard Land and Factory Rd. in

Beavercreek, OH.

$500,000.00

562. West Virginia ........ Construct I–74/74 Corridor, Mercer County .. $11,200,000.00

563. Illinois ................... Eldamain Road: Construction of the

Eldamain Road Bridge over the Fox River.

$5,000,000.00

564. Kentucky ............... Reconstruct I–275/KY 212/KY 20 interchange.$2,000,000.00

565. South Carolina ...... Transportation infrastructure improvements

in Orangeburg County.

$10,000,000.00

566. Georgia .................. Phase III Streetscape (pedestrian safety enhancements, sidewalks, curb replacement,

restoration, landscaping, ADA compliance),

Columbus.

$1,500,000.00

567. Alaska .................... Planning, design, and EIS of Bradfield Canal

Road.

$2,300,000.00

568. Rhode Island ......... Restore and expand maritime heritage site,

Bristol.

$1,000,000.00

569. New York .............. Restores Eastern Parkway by adding a bicycle crossing lane and traffic lights.$3,000,000.00

570. New York .............. Route 4 streetscape improvements, Town and

Village of Fort Edward, Washington County.

$2,000,000.00

571. Washington ........... Construction of .6 mile span to connect trail

and I–5.

$5,500,000.00

572. North Carolina ...... Construct the U.S. 74 Bypass around Shelby

to add additional traffic-carrying capacity

and enhance safety.

$5,000,000.00

573. Texas ..................... Improvements to I–35E/I–635 Interchange ... $1,000,000.00
267

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

574. Illinois ................... City of Oreana ‘‘Original Town’’ road upgrades.$884,000.00

575. Mississippi ............. Popps Ferry Road bridge, Biloxi .................... $4,000,000.00

576. New York .............. Improvement of Hatfield Lane in Village of

Goshen, NY.

$400,000.00

577. Florida ................... Construct SR 20/CR 309C/SR 100

Connnector in Palatka, FL.

$4,000,000.00

578. New York .............. This project involves a full reconstruction of

all the streets in Long Island City surrounding 11th Street.

$2,400,000.00

579. Washington ........... Cultural/Interpretive Center (Hanford Reach

National Monument) facility and highway

offramps near I–182 and SR 240, Richland.

$1,570,000.00

580. Utah ...................... Reconstruction of State Route 158 at Pine

View Dam, Weber County, UT.

$5,000,000.00

581. American Samoa ... Shoreline protection and drainage mitigation

for Nuuli village roads.

$1,000,000.00

582. Minnesota .............. Construct Pfeifer Road, remove 10 foot

raised crossing, Twin Lakes Township.

$251,717.00

583. North Carolina ...... Design and construct regional shared use pedestrian and bicycle pathway along Little

Sugar Creek.

$3,000,000.00

584. Maine ..................... Penobscot Riverfront Development for bicycle

trails, amenities, and traffic circulation improvements, Bangor.

$2,000,000.00

585. Virginia ................. Reconstruct 3 deteriorating highway bridges

and rebuild 2 interchanges on Arlington

Boulevard and Washington Boulevard.

$2,000,000.00

586. Tennessee .............. Constuct transportation and heritage museum

in Townsend.

$1,000,000.00

587. New Jersey ............ Elizabeth Pedestrian Bicycle Project for the

North Avenue/Route 1 transportation corridor.

$546,000.00

588. New York .............. Construct an access road and make drainage

improvements and aesthetic enhancements

to area between Ocean Parkway and Oak

Beach Park.

$2,700,000.00

589. Virginia ................. Blue Ridge Music Center/install lighting/

steps, upgrade existing trail system and

equip interpretative center with visitor information.

$2,500,000.00

590. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of the widening of Pennsylvania Route 443 Corridor Widening, Carbon County.

$1,000,000.00

591. Wisconsin .............. Construct U.S. Highway 41 North of Lake

Butte des Morts Bridge, WI.

$16,400,000.00

592. Missouri ................. Extension and rehabilitation of Riverside

Road (MO Route AC).

$10,000,000.00

593. Texas ..................... Engineering, design and construction of

freight connector roads along F.M. 511 at

Brownsville Navigation District.

$1,000,000.00

594. Nevada .................. Widening of U.S. 95 from Craig Road to the

Clark County Beltway.

$5,000,000.00

595. New Jersey ............ Improve the U.S. I–78 Interchange at Exit

15 in Franklin Township, Union Township

and Town of Clinton.

$1,000,000.00

596. Montana ................ Build Four Lane Western Bypass on U.S. 93

around Kalispell.

$22,000,000.00

597. North Carolina ...... Widen Derita Road from Poplar Tent Road

in Concord, NC to the Cabarrus-Mecklenburg County line.

$2,000,000.00

598. Ohio ....................... Replace Fulton Road Bridge, Cleveland ......... $1,700,000.00

599. Texas ..................... Pedestrian path and sidewalk improvements

along U.S. 83, Rio Grande City.

$500,000.00

600. Texas ..................... Widen Hempstead Highway from 12th Street

to Washington Avenue from 4 lanes to 6

lanes.

$2,000,000.00
268

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

601. California ............... Pine Avenue extension from Route 71 to Pomona Rincon Road in the City of Chino.$8,500,000.00

602. Texas ..................... Providing preliminary engineering for and

constructing a loop in and around Texarkana, along the U.S. 71/I–49 corridor.

$3,000,000.00

603. Michigan ................ West Michigan Regional Trail Network connector to link 2 trail systems together and

to Grand Rapids.

$2,950,000.00

604. New York .............. Plan and construct greenway along Red

Hook, Brooklyn waterfront, and conduct

transportation study to improve pedestrian

safety and air quality.

$1,440,000.00

605. North Carolina ...... Installation of ITS devices along I–85 from

North of SR 1002 to North of SR 2120

near Spencer.

$2,200,000.00

606. Wisconsin .............. Construct U.S. Highway 151, Fond du Lac

Bypass, WI.

$3,000,000.00

607. Nevada .................. Meadowood Interchange: Will mitigate traffic

congestion on Interstate and arterials in

Reno’s primary retail center. State Priority.

$2,000,000.00

608. Illinois ................... Improve roads, Village of Forest Park ........... $750,000.00

609. California ............... Reconstruct 152/156 Interception Project,

Santa Clara County, CA.

$1,000,000.00

610. Rhode Island ......... Restoration of Canal at John Chafee Blackstone River Valley Heritage Corridor.$500,000.00

611. Illinois ................... Widen and resurface South Wall St.,

Carbondale.

$700,000.00

612. New York .............. Intermodal transportation improvements,

Coney Island.

$3,600,000.00

613. Texas ..................... Construct landscaping and other pedestrian

amenities in segments of the Old Spanish

Trail and Griggs Road rights-of-way.

$2,000,000.00

614. Pennsylvania ......... Construct Route 219 Bypass in the City of

Bradford.

$2,000,000.00

615. Minnesota .............. Reconstruct Sucker Bay Road, Cass County $2,500,000.00

616. Illinois ................... Baseline Rd. Improvement (Montgomery):

Reconstruction and realignment of Baseline

Road.

$2,080,000.00

617. New Jersey ............ Replace steep grade and dangerous 2 lane

bridge on Schooley’s Mountain Road.

$1,000,000.00

618. South Carolina ...... Fire Station Road Bridge in Anderson County.$230,000.00

619. Georgia .................. Uptown Jogging, Bicycle, Trolley Trail (pedestrian, bicycle, jogging, safety upgrades,

trolley lane, skating trail), Columbus.

$1,425,000.00

620. Ohio ....................... Construct turn lane, install traffic light, and

reorient traffic on SR 146 near Bussemer

Lane in Muskingum County.

$600,000.00

621. New York .............. Funds an intermodal transportation facility

on Brooklyn Avenue.

$1,400,000.00

622. Missouri ................. Highway 350 upgrade through Raytown ........ $1,000,000.00

623. Kansas ................... Construction of a 2-lane on a 4-lane right-ofway bypass with controlled access on U.S.

400 at Dodge City.

$12,800,000.00

624. Illinois ................... Extends MacArthur Blvd. from Wabash to

Iron Bridge Road in Springfield.

$1,500,000.00

625. Minnesota .............. Upgrade CSAH 21 to a 4 lane divided roadway with left turn lanes at public streets in

Scott County.

$1,000,000.00

626. Virginia ................. Chestnut Mountain Road/feasibility study, design and construction start for road improvement on National Forest lands.$1,000,000.00

627. Michigan ................ Walled Lake, Decker Rd. between Maple and

S. Commerce.

$125,000.00

628. Tennessee .............. Widen State Route 30 from Athens to

Etowah.

$5,758,000.00

629. California ............... Construction of interchange at State Highway 86 at Ave. 66 in Coachella, CA.$4,500,000.00
269

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High Priority Projects—Continued

No. State Project Description Amount

630. Illinois ................... Improve roads and enhance area in the vicinity of South Archer Avenue and Midway

Airport, Chicago.

$2,500,000.00

631. New Mexico ........... Reconstruction of I–40 west of Gallup to

maintain safety and travelability of I–40.

$1,500,000.00

632. California ............... Construct off ramp at Interstate 8/Imperial

Avenue Interchange, El Centro.

$3,000,000.00

633. Michigan ................ Dynamite Hill Road demonstration

whitetoping on rural major collector leading to industrial park, Baraga County.

$200,000.00

634. Texas ..................... Reconstruction of U.S. 277 and curb and

gutter from the San Felipe Bridge to the

approach on Sycamore Creek Bridge in Del

Rio.

$6,800,000.00

635. Texas ..................... Completion of U.S. 77 relief route around

City of Robstown.

$4,000,000.00

636. Maryland ............... Construction of interchange at MD–4 and

Suitland Parkway and widening of MD–4.

$2,100,000.00

637. Washington ........... Improve Cemetary Road and rebuild/widen

bridge over U.S. Bureau of Reclamation irrigation canal, Othello.

$190,000.00

638. Oregon ................... Regional Trails Program for the first phase

of 3 phases of trails in the comprehensive

regional system.

$4,500,000.00

639. New York .............. Rehabilitation of Village of Kiryas Joel sidewalks, signalization and roadways.$1,250,000.00

640. Illinois ................... Resurface Trumbull Avenue and Homan Avenue, Evergreen Park.$350,000.00

641. Indiana .................. Replace Samuelson Road underpass, Portage $3,200,000.00

642. New Jersey ............ Bridge replacement and realignment on

Amwell Road Bridge over the Neshanic

River in Hillsborough, NJ.

$500,000.00

643. New Jersey ............ Improvement to St. Georges Avenue from

Wood Avenue, Roselle.

$350,000.00

644. Ohio ....................... Construct roadway improvement project along

State Routes 37 and 78 through Fairfield,

Perry, Morgan, Noble, Monroe Counties.

$250,000.00

645. Michigan ................ repave Old State Highway M 51 from Village

of Applegate to Village of Carsonville.

$500,000.00

646. Georgia .................. Streetscape project to improve accessibility

and safety for pedestrians, Mount Vernon.

$606,000.00

647. South Carolina ...... US and Bowman Road Interchange, Mount

Pleasant.

$7,000,000.00

648. Ohio ....................... Upgrade grade crossing safety devices in

Elyria and North Ridgeville.

$952,000.00

649. Guam ..................... Construct Route 3A Extension, Municipality

of Yigo.

$3,000,000.00

650. California ............... I–80 Gilman Street interchange improvements, Berkeley.$1,500,000.00

651. Texas ..................... Reconstruct Ella/Wheatley from Little York

to West Gulf Bank.

$1,250,000.00

652. Alaska .................... Planning, design, and construction of Knik

Arm Bridge.

$200,000,000.00

653. Texas ..................... Connect Pharr International Bridge to U.S.

83.

$10,000,000.00

654. Michigan ................ Pittsfield Greenways Bridge/non-motorized

bridge enhancement onto existing Bemis

Road Bridge over U.S. 23 to connect Pittsfield Greenways, Pittsfield Charter Township.

$275,000.00

655. Connecticut ........... Reconstruct I–95 bridge over the Quinnipiac

River.

$1,500,000.00

656. Illinois ................... Widening of Washington Street from 2 to 5

lanes, install drainage system; add additional right-of-way and traffic signals.

$3,360,000.00

657. Illinois ................... Widen U.S. Route 51 from Pana to Vandalia $3,000,000.00

658. Wyoming ............... Widen State Highway 59: Widen 5 miles of

existing 2-lane road to a 4-lane road, with

a center turn lane.

$1,000,000.00
270

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High Priority Projects—Continued

No. State Project Description Amount

659. Missouri ................. Complete environmental impact study for

North Oak Redevelopment.

$500,000.00

660. Michigan ................ Hartman-Hammond-Three Mile Road widening and bridge project.$3,000,000.00

661. Massachusetts ....... Reconstruction of Goddard Memorial Drive

from State Route 9 to Airport Drive,

Worcester.

$2,000,000.00

662. New Jersey ............ Rehabilitation of Route 35 between Point

Pleasant and Mantoloking NJ.

$1,250,000.00

663. California ............... Harbor Blvd. Intelligent Transportation System (ITS). Widen intersections and add

lanes, Garden Grove/Anaheim.

$1,200,000.00

664. New York .............. Improvements for pedestrian and vehicular

access to Baychester Avenue and Bartow

Avenue.

$600,000.00

665. Minnesota .............. Corridor preservation and right-of-way acquisition from I–494 to the City of Annandale

in Wright County, MN.

$5,000,000.00

666. New York .............. Rehabilitate Route 13 over Tioughnioga

River-bridge access to City of Cortland.

$1,020,000.00

667. Pennsylvania ......... Restoration of I–176 from milepost 4 to milepost 7 and restoration of interchanges in

Cumru and Robeson Townships, Berks

County.

$4,531,000.00

668. Arkansas ............... Improvement on Grant County Road 14,

Grapevine.

$500,000.00

669. Illinois ................... Construct grade separation on Grand Avenue,

Franklin Park.

$500,000.00

670. Pennsylvania ......... Provide 4 through lanes on PA 100 by constructing 2 through lanes to the east of

Ludwig’s Corner.

$6,000,000.00

671. Arizona .................. Design Concept Study of Rio Salado Parkway

West to connect Loop 202 extension in

Phoenix to Loop 303, Buckeye.

$2,800,000.00

672. Illinois ................... Expand U.S. Route 20 to 4 lanes from Freeport to Galena, IL.$3,000,000.00

673. California ............... Replace Davis Street Highway I–880 overpass, San Leandro.$1,000,000.00

674. Texas ..................... Add shoulders to FM 156 from Ponder,

Texas to Krum, TX.

$4,000,000.00

675. New Jersey ............ Preliminary engineering for connection of

Route 23 and I–80.

$1,500,000.00

676. Minnesota .............. Construct bridge for Paul Bunyan Trail over

Excelsior Road, Baxter.

$1,200,000.00

677. South Carolina ...... Bobby Jones Expressway (I–520)/to construct a circumferential route around Augusta, GA, and N. Augusta, SC, that is

part of a larger system to relieve traffic

congestion.

$2,000,000.00

678. Virginia ................. Route 369/construction of Route 369 from

Southwest Virginia Community College

campus to Route 19.

$983,000.00

679. Florida ................... Belleair Causeway Bridge, Pinellas County ... $19,000,000.00

680. New Jersey ............ Roadway improvements in vicinity of Exit 12,

NJ Turnpike, Carteret.

$1,000,000.00

681. California ............... Widening of 2 lane SR 79 highway to 4 lanes $2,000,000.00

682. Georgia .................. Streetscape project to replace sidewalks in

downtown Forsyth.

$300,000.00

683. Iowa ....................... Complete the bicycle and pedestrian trail system for the Des Moines area through the

development of a signature Riverwalk

project.

$5,000,000.00

684. California ............... Improvements (including arterial street rehabilitation) to enhance traffic and pedestrian

safety in Reseda, Canoga Park, and

Winnetka, Los Angeles.

$3,250,000.00

685. Maine ..................... Plan and construct highway access between

Route 161 in Daigle to U.S. Route 1,

Madawaska.

$1,000,000.00
271

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

686. Wyoming ............... Bike Path from Jackson to Jenny Lake (25

mile).

$2,000,000.00

687. Pennsylvania ......... Construct the realignment of Cool Creek

Road in York County, Pennsylvania, or

other eligible projects selected by York

County, Pennsylvania MPO.

$1,000,000.00

688. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of intersection improvements

and safety enhancements, Borough of Dunmore in Lackawanna County.

$650,000.00

689. California ............... Upgrade roads, traffic signals and turn lanes

in order to ease traffic congestion for the

Willow/Ashlan and Shaw intersections.

$1,500,000.00

690. New York .............. Design and construct pedestrian and bicycle

path (Buttermilk Falls Trail), Ithaca.

$544,000.00

691. Pennsylvania ......... Redesign and upgrade of I–70 and I–79

South interchange to current Federal safety standards.

$3,000,000.00

692. Mississippi ............. Martin Bluff Road improvements, Gautier .... $3,000,000.00

693. California ............... Improvements to interchange between SR 23

and SR 101. Could include widening of SR

23 from 2 lanes to 3.

$4,856,000.00

694. Washington ........... Extension of Waaga Way W to Old Frontier

Rd. to complete a portion of the SR 3, 303

interchange.

$500,000.00

695. Pennsylvania ......... The French Creek Parkway and Connector

Roads.

$5,000,000.00

696. California ............... Coastal Corridor Investments Phase II–A/

multi-modal improvements on Rosecrans

Avenue between Sepulveda Blvd. and I–

405, El Segundo.

$3,000,000.00

697. New York .............. Plan and construct greenway/bicycle path/esplanades and ferry landing along New York

Bay in Sunset Park, Brooklyn.

$10,000,000.00

698. Mississippi ............. Upgrade roads in Gunnison, Mound Bayou,

Beulah, Benoit, and Shaw, Bolivar County.

$2,400,000.00

699. Alabama ................ Study and design phase of major north-south

West Alabama highway from Muscle

Shoals to Mobile.

$1,000,000.00

700. Ohio ....................... Call Road Paving, and construction of access

improvements in Perry Village.

$67,000.00

701. California ............... Reconstruct and widen Del Amo Blvd. to 4

lanes between Normandie Ave. and New

Hampshire Ave., Los Angeles County.

$3,000,000.00

702. Texas ..................... Drainage study and engineering for U.S. 83,

Starr County.

$1,000,000.00

703. Iowa ....................... Construct bypass (U.S. 61) around City of

Fort Madison, IA.

$5,000,000.00

704. New Jersey ............ Replace Rockaway Road Bridge over NJ

Transit and Rockaway River.

$1,000,000.00

705. Florida ................... Replacing the outdated signals along U.S. 19

in Pasco County and linking them together

for 1 computerized system.

$7,000,000.00

706. Maine ..................... Improvements to Route 108 to enhance access to business park, Rumford.$1,500,000.00

707. Arkansas ............... Development of grade separation on Highway

165, Stuttgart.

$1,000,000.00

708. Illinois ................... Resurface Shawnee College Road, Pulaski

County.

$1,264,000.00

709. Pennsylvania ......... Design, engineering, ROW acquisition and

construction of surface improvements to

the area adjacent to Exit 168 of I–81 at

the Wachovia Arena, Wilkes-Barre Township.

$500,000.00

710. New York .............. Construct Millennium Parkway in the towns

of Dunkirk and Sheridan.

$11,500,000.00

711. Connecticut ........... Construct Pomfret Pedestrian Bridge ............ $120,000.00

712. Illinois ................... Resurface Clifton Park Avenue and South

Louis Avenue, Evergreen Park.

$350,000.00
272

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

713. New York .............. Buttermilk Falls bridge replacement in Town

of Warwick, NY.

$250,000.00

714. Iowa ....................... Construction and access between Sioux City,

the primary routes leading to the city (I–

29, U.S. Highway 20, U.S. Highway 75,

U.S. Highway 77, and Iowa Highway 12).

$1,000,000.00

715. New Jersey ............ Construct United States Avenue bridge,

Lindenwold.

$1,000,000.00

716. Ohio ....................... Land acquisition for enhancements and pedestrian paths in Silver Lake Township.$450,000.00

717. Minnesota .............. Construct 3 segments of Cuyuna Lakes

Trails, Crow Wing County.

$1,200,000.00

718. Missouri ................. Construction of diamond interchange at U.S.

71 and Business 71. Final project in U.S.

71 upgrade.

$3,000,000.00

719. Utah ...................... Reconstruction of Box Elder County Road

523 (Forest Street), Box Elder County,

UT.

$3,000,000.00

720. Virginia ................. Improve Main Street in Covington ................. $500,000.00

721. California ............... Realign and make improvements to California

Highway 199 between mile marker 22.16

and mile marker 23.65.

$1,000,000.00

722. Ohio ....................... Construct bike/pedestrian path, Fairview

Park.

$200,000.00

723. Florida ................... Construct Eastern Connector in East Central

FL.

$1,000,000.00

724. Michigan ................ Pittsfield Greenways/2.5 miles of pathways to

existing Ann Arbor pathways, Pittsfield

Charter Township.

$299,000.00

725. Tennessee .............. Interchange improvements to increase traffic

safety on U.S. 25E between I–81 and

Cherokee Lake and bridge improvements to

local roads.

$500,000.00

726. Pennsylvania ......... This project involves widening the intersection of PA 100 and Park Road to accommodate left turn lanes on all approaches

and installation of a new traffic signal.

$1,322,000.00

727. Florida ................... Pedestrian/bike path improvements and safety projects in Windermere, Florida.$500,000.00

728. Florida ................... Construct high rise replacement bridge and

approaches adjacent to existing moveable

bridge over the Intercoastal Waterway,

Brevard County, FL.

$6,000,000.00

729. Ohio ....................... State Route 8 safety improvement and road

expansion project in North Summit County.

$4,000,000.00

730. New Jersey ............ Route 17 Congestion Improvements and Widening, from Route 46/Williams Avenue,

Hasbrouck Heights to Routes 4 and 17

Interchange, Paramus.

$12,000,000.00

731. Iowa ....................... University Boulevard widening between 73rd

St. and NW 86th St., Clive.

$1,000,000.00

732. Minnesota .............. Kandiyohi and Meeker Counties Highway 7

between TH 71 and TH 22.

$2,440,000.00

733. Texas ..................... Improvements to Military Road, Penitas ........ $400,000.00

734. Ohio ....................... Bicycle trail and pedestrian trail construction

in City of Willoughby.

$600,000.00

735. Missouri ................. Conduct Study of U.S. 65/U.S. 60 Interchange Replacement, Springfield, MO.$2,000,000.00

736. Connecticut ........... Reconstruct I–95/I–91/Route 34 Interchange

and construct pedestrian walkway.

$2,000,000.00

737. Florida ................... Florida Keys Overseas Heritage Trail bridge

rehabilitation.

$2,000,000.00

738. Illinois ................... Undertake access improvements to Museum

Campus, Chicago.

$2,000,000.00

739. New York .............. Implement Intelligent Transportation System

Sensor Technology to Improve Security at

Bridges and Tunnels in Metropolitan New

York City.

$1,000,000.00

740. Louisiana ............... Upgrade LA 28 to 4 lanes from LA 121 to

LA 465.

$2,000,000.00
273

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

741. Illinois ................... Reconstruct Lakeshore Drive overpass over

Wilson Avenue, Chicago.

$1,500,000.00

742. Missouri ................. Access improvements at U.S. 7 and I–70 and

safety and mobility upgrades. Part of

Highway 7 corridor development plan.

$3,000,000.00

743. Wisconsin .............. Reconstruct Marquette Interchange ............... $10,000,000.00

744. Minnesota .............. CSAH 21 roadway improvements, City of Ely $1,000,000.00

745. California ............... Improvement of Culver Boulevard between

Elenda and Sepulveda; Sepulveda Blvd. between Green Valley Circle and Jefferson

Boulevard, Culver City.

$2,300,000.00

746. New York .............. Improvements on the Cross Island Bridge

Overpass/212 Street and vicinity, Queens,

NY.

$3,120,000.00

747. Tennessee .............. Improve SR 62 in Morgan County near U.S.

27 in Wartburg to Petit Lane from existing 2 lanes to 4 lanes.

$2,000,000.00

748. California ............... Develop and implement traffic calming measures for traffic exiting the I–710 into Long

Beach.

$1,000,000.00

749. Ohio ....................... Safety improvements to 2 intersections at

Meese Rd. and Easton St. in Nimishillen

Township.

$1,500,000.00

750. Hawaii ................... Widen Queen Kaahumanu Highway ............... $4,850,000.00

751. Massachusetts ....... Feasibility and environmental impact study

into proposed relocation of New Bedford/

Fairhaven (Route 6) Bridge.

$3,000,000.00

752. Pennsylvania ......... This project involves realigning the intersection of King of Prussia Road and Upper

Gulph Road and provide turning lanes and

signalization.

$1,649,000.00

753. New York .............. Rehabilitate and realign Union Valley Rd.,

beginning at Sandy St. in Town of Carmel,

NY.

$500,000.00

754. Utah ...................... Highway 191, Moab ........................................ $400,000.00

755. Idaho ..................... New roadway, overpass and connecting intersection to provide access across I–84 in

Meridian, Ada County.

$4,000,000.00

756. Michigan ................ Greenville, Michigan/Fred Meijer Heartland

Trail Completion.

$2,000,000.00

757. Pennsylvania ......... PA Route 183 widening and ramp enhancement, Bern Township.$1,600,000.00

758. Minnesota .............. North-South Corridor with Railroad Overpass, City of Staples.$1,500,000.00

759. California ............... Modifies 9 traffic signals between Willow

Road and Middlefield Road and Hamilton

Avenue, Menlo Park.

$300,000.00

760. Arkansas ............... New Interchange on I–540 near the existing

Perry Road overpass in Rogers.

$7,000,000.00

761. Illinois ................... Upgrade roads, Village of Berkeley ................ $800,000.00

762. California ............... Develop bicycle paths and public park space

adjacent to the New River, Calexico.

$4,150,000.00

763. Michigan ................ Northville, Taft Rd. from 8 mile north to city

limits.

$500,000.00

764. Rhode Island ......... Route 403 Construction, stage 2/complete

freeway in East Greenwich and North

Kingstown, and Route 4 to Davisville Road.

$6,000,000.00

765. Arkansas ............... Improvements to SH 102 in Bentonville from

U.S. 71B to west city limits.

$1,500,000.00

766. Pennsylvania ......... Widening of U.S. Route 22 and SR 26 in

Huntingdon. Upgrades to the interchange

at U.S. 22 and State Route 26.

$3,200,000.00

767. Texas ..................... Feasibility study to examine the southern

route of the La Entrada al Pacifico Trade

Corridor.

$2,000,000.00

768. Delaware ............... Operational and capacity improvements to

critical locations along I–95 in New Castle

County.

$5,000,000.00
274

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

769. Florida ................... Expanding the capacity of a segment of U.S.

19 from Whitney Road to Drew Street in

Pinellas County.

$6,000,000.00

770. Michigan ................ Upgrade Tilson Road between M 28 South to

intersection of M 28 at Rudyard, Chippewa

County.

$1,000,000.00

771. New York .............. Rehabilitate Bridge Street Bridge in Town of

Newark Valley.

$1,040,000.00

772. Tennessee .............. Construct SR 1/U.S. 70 to a 4 lane divided

highway on new alignment from

Centertown to McMinnville, Warren County.

$11,500,000.00

773. Pennsylvania ......... Widen Route 22 to 8 lanes from the intersection of Route 22 and I–78 in the west to

Route 33 in the east.

$8,000,000.00

774. Kentucky ............... Reconstruct I–471/KY 8 interchange ............. $2,000,000.00

775. Illinois ................... Construct road to provide access to Belleville’s Citizen Park, Belleville.$2,000,000.00

776. New York .............. Rehabilitate Riis Park Boardwalk .................. $300,000.00

777. California ............... Construct right turn lanes, bus turn out

lanes, right-of-way, traffic signals.

$2,400,000.00

778. Indiana .................. Study approximately 2 miles of railroad to

eliminate in-town crossing, thus enhancing

safety and reducing congestion in Delaware

County, IN.

$150,000.00

779. New York .............. Improve Montauk Highway from CR46 to

Barnes Road, Suffolk County.

$8,000,000.00

780. New York .............. Improve Ashburton Ave. from the Saw Mill

River Parkway to the waterfront, Yonkers.

$500,000.00

781. Arizona .................. Widening of I–10 from 40th Street to Baseline Rd. in Phoenix.$4,500,000.00

782. Georgia .................. Build a bridge across Big Indian Creek,

Perry.

$1,500,000.00

783. Georgia .................. Streetscape project to upgrade sidewalks,

lighting, and streets, Jeffersonville.

$500,000.00

784. Florida ................... PALM BAY PARK WAY from Malabar

Road to Ellis Road located west of Palm

Bay.

$4,000,000.00

785. Pennsylvania ......... New interchange off of Route 60 into proposed industrial park in Neshannock

Township, PA.

$1,000,000.00

786. Louisiana ............... LA 10/Zachary Taylor Parkway, and LA

1148 in Iberville Parish, and LA 1/I–10

Connector Study.

$4,000,000.00

787. Illinois ................... Improve roads and bridges, Cicero ................. $4,000,000.00

788. Georgia .................. Streetscape (pedestrian safety enhancements,

sidewalks, curb replacement, restoration,

landscaping, ADA compliance, restoration),

Quitman.

$75,000.00

789. Georgia .................. Purchase of 4,000 acres for widening U.S.

441 for mitigation purposes.

$2,000,000.00

790. Minnesota .............. Stillwater-Oak Park Heights right-of-way acquisition for approaches to St. Croix River

Crossing.

$5,000,000.00

791. Tennessee .............. Upgrade circuit at gates/lights for Bristol

grade crossing (Hazelwood Street) to intelligent systems that eliminate current variability.

$100,000.00

792. Arkansas ............... For rail grade separations identified by the

MPO for the Little Rock/North Little Rock

metropolitan area, (which may include:

Edison Avenue; McCain/Fairfax; Highway

100; J.P. Wright Loop; Highway 89 Extension; Geyer Springs Road; Confederate

Blvd.).

$12,000,000.00

793. New York .............. Construction of and improvements to Main

Street in the Town of Aurora.

$500,000.00
275

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

794. Alabama ................ U.S. 280/Urban Interchanges from U.S. 31

(Red Mountain Expressway) to Shelby CR

47.

$10,000,000.00

795. California ............... Rehabilitate the pavement of Vincent Avenue

between I–10 and the north city limit,

West Covina.

$450,000.00

796. New York .............. Realignment of Union Valley Rd. in Town of

Carmel, NY.

$300,000.00

797. Texas ..................... Grade separation of SH 146 over future Port

Terminal Railway (PTRA) lead track and

Red Bluff Rd. supports proposed Bayport

Terminal Complex.

$11,400,000.00

798. Tennessee .............. Continuation of Shelby Avenue-Demonbreun

Street project, Nashville.

$6,500,000.00

799. Arizona .................. Construction of a 4 lane tunnel to link

Butherus Dr. to Raintree Dr. in Scotsdale.

$1,500,000.00

800. Michigan ................ Michigan Intermodal Transportation Management Center to administer surface, highway, transit, and bridge tunnel intelligent

hardware.

$350,000.00

801. Pennsylvania ......... PA 896 between Strasburg Borough and U.S.

30 needs to be widened to reduce congestion and to improve safety.

$1,000,000.00

802. New York .............. Rehabilitate a historic freight warehouse in

the Erie Canal’s Inner Harbor of Syracuse,

NY and develop it into a transportation

museum.

$400,000.00

803. Ohio ....................... Construct connector road between I–680 and

I–80, Hubbard.

$2,000,000.00

804. Nevada .................. Design and Construct I–15 Interchange, Mesquite Nevada.$1,500,000.00

805. North Carolina ...... Expand freeway management system on I–

540 through video camera and fiber optic

communications installation, Wake County.

$1,700,000.00

806. Michigan ................ Design, ROW acquisition, and construction

for road widening/passing lane on U.S. 127

South between M 50 and Michigan 223

and on Michigan 223 to U.S. 23.

$2,200,000.00

807. Illinois ................... Intelligent Transportation System (ITS) demonstration project. Emphasis will be on improved incident management strategies and

collecting/providing real-time travel information on Lake Cook Road from U.S. 12

and U.S. 41.

$540,000.00

808. California ............... Widen Harbor Blvd. to 8 lanes in Anaheim

Resort Area.

$1,000,000.00

809. Indiana .................. Reconstruction from intersection of County

Road 500E and U.S. 52 to the intersection

of County Road 500E and County Road

1200N.

$914,000.00

810. California ............... Upgrade and extend Commerce Avenue, City

of Concord.

$1,750,000.00

811. Nebraska ............... Completion of the Columbus, Nebraska,

North Arterial road.

$5,000,000.00

812. Florida ................... West Avenue Connector Bridge, Miami Beach $1,500,000.00

813. Connecticut ........... Campbell Avenue streetscape enhancements,

West Haven.

$1,500,000.00

814. Massachusetts ....... Reconstruct and enhance Melnea Cass Boulevard, Boston.$2,000,000.00

815. California ............... Preliminary engineering and EIS/EIR process

for 33-mile long Orange Line mag-lev connecting Los Angeles with Orange County.

$300,000.00

816. New York .............. Construction of and improvements to Union

Road and Walden Avenue in Cheektowaga.

$1,000,000.00

817. Indiana .................. 126th St. project is a 3.9 mile roadway between 2 high schools in Fisher. Street will

expand to 4 lanes with curb.

$2,000,000.00
276

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

818. New York .............. Bicycle/Pedestrian trail linking East and

West portions of town in Town of Warwick, NY.

$500,000.00

819. Texas ..................... Construct highway improvements on E. Tidwell, Ley Rd, and E. Little York Rd.$4,000,000.00

820. California ............... Widen and reconstruct Arch-Sperry Road to

improve connection between I–5 and SR

99, San Joaquin County.

$5,000,000.00

821. California ............... Construct San Leandro-Oakland biking and

hiking path.

$750,000.00

822. Mississippi ............. Memorial Boulevard improvements, Picayune $1,380,000.00

823. Wisconsin .............. Widen State Highway 29 from I–94 to City

of Chippewa Falls.

$4,000,000.00

824. Virginia ................. Further widen I–66 westbound from Rosslyn

Tunnel to Dulles Access Road.

$5,000,000.00

825. Pennsylvania ......... Oakland Portal-Bates Street/I–376 exchange

reconfiguration and resignalization and replacement of low clearance bridge carrying

the Eliza Furnace Trail.

$1,000,000.00

826. Texas ..................... Engineering, Design, Environmental Studies,

and right-of-way acquisition for a direct

connector interchange from between I–45

and State Highway 146.

$4,000,000.00

827. Illinois ................... Construct Leon Pass overpass, Hodgkins ...... $1,000,000.00

828. North Carolina ...... Lenoir County highway improvements on

Crescent Road to NC 58.

$1,600,000.00

829. California ............... Auburn Boulevard Reliever Route Undergrounding construction along I–80, Citrus

Heights, CA.

$2,000,000.00

830. New York .............. Improve pedestrian and bicyclist safety along

Queens Boulevard in Sunnyside and

Woodside, Queens.

$500,000.00

831. California ............... Build interchange connecting State Route 99

to newly aligned State Highway 132, Modesto.

$18,500,000.00

832. Michigan ................ Van Buren, Belleville Rd. widen to 5 lanes

between Tyler and Ecorse.

$1,100,000.00

833. Virginia ................. Repair of Starling Av Bridge in Martinsville $500,000.00

834. California ............... Widen State Route 99 to 6 lanes between

Kingsburg and Selma, Fresno County.

$14,000,000.00

835. Pennsylvania ......... Redesigning the intersection of U.S. 322/

High Street and Rosedale Ave., constructing a new East Campus Drive.

$1,000,000.00

836. Florida ................... Improvements to U.S. 1 between SW 4th

street to the south and George Bush Blvd.

to the north, Delray Beach, FL.

$2,000,000.00

837. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of PS 200.

$250,000.00

838. Massachusetts ....... Extensions and additions to the existing

North Worcester County Bike Path System, including the Hardwick bike path.

$6,000,000.00

839. New York .............. Construction of and improvements to South

Park Avenue and Lake Avenue in the Village of Blasdell.

$500,000.00

840. Illinois ................... Reconstruct Irving Park Road bridge of the

North Branch of the Chicago River, Chicago.

$4,030,000.00

841. Washington ........... Tacoma Lincoln Avenue/elevate Lincoln Ave.

by constructing a viaduct over existing railroad lines.

$1,000,000.00

842. Ohio ....................... Road paving, pedestrian traffic and safety

improvements throughout the Village of

Bentleyville.

$833,000.00

843. Michigan ................ Reconstruct Bissonette Road from Lorenz

Road to M65 with 12 ft. lanes and 2 ft.

paved shoulders and gravel shoulders, Iosco

County.

$623,500.00

844. Illinois ................... Improve roads and bridges, Village of River

Forest.

$1,000,000.00
277

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High Priority Projects—Continued

No. State Project Description Amount

845. Virginia ................. Rocky Knob Appalachian Heritage Center/

feasibility study, design, site acquisition for

trail system and visitors center on Blue

Ridge Parkway.

$1,500,000.00

846. Connecticut ........... Improve Plainfield Cemetery Road and

Drainage.

$300,000.00

847. Ohio ....................... Rehabilitation/replacement of rail grade separations along the West Central Ohio Port

Authority route in Champaign and Clark

Counties.

$360,000.00

848. Ohio ....................... State Route 8 Interchange and Ramp Construction at Seasons Road, Cities of Hudson and Stow.$4,000,000.00

849. Mississippi ............. Upgrade roads in Indianola (U.S. Highway

82 and 49), Ruleville (U.S. Highways 82

and 6), Moorehead (U.S. Highway 82 and

3), Doddsville (U.S. Highway 49), Sunflower (U.S. Highway 49) and Drew (U.S.

Highway 49), Sunflower County.

$2,300,000.00

850. California ............... Renovation and repair of Rosemead Blvd./

Highway 19 such as new sidewalks, traffic

loops, pavement, street lights.

$100,000.00

851. Illinois ................... Connects about a 2-mile 2 lane segment

through Collinsville with IDOT’s current

project of widening IL 159.

$1,000,000.00

852. New York .............. Improvements to the Far Rockaway Business

District, Queens.

$2,400,000.00

853. New Jersey ............ Construct new ramps between I–295 and

Route 42.

$5,000,000.00

854. South Carolina ...... Simmons Ford/Fork School Road Bridge in

Anderson County.

$235,000.00

855. Arkansas ............... Improvement of Higdon Ferry Road, Hot

Springs.

$4,000,000.00

856. California ............... Eucalyptus/Peyton Drive intersection improvements in the City of Chino Hills.$7,036,110.00

857. Mississippi ............. Upgrade roads in Mayersville (U.S. Highway

14 and 1), Issaquena County.

$200,000.00

858. New York .............. Rehabilitation of Guy Lombardo Avenue in

Freeport, New York.

$1,700,000.00

859. Indiana .................. Extend and improve the Cardinal Greenway

in the City of Richmond, IN.

$2,000,000.00

860. Virginia ................. Reconstruction of Robertson Bridge in

Danville.

$5,970,000.00

861. Connecticut ........... Conduct multimodal study of Route 8 corridor.$1,000,000.00

862. Ohio ....................... Construct an access road into the industrial

park near SR 209 and CR 345 in Guernsey County.

$800,000.00

863. California ............... Widen South Main Street/Soda Bay Road between CR 400A/miler marker 0.0-mile

marker 0.7 and CR 502/mile marker 0.0

and mile marker 0.9.

$4,000,000.00

864. Ohio ....................... Construct grade separation at Stearns Road,

Cuyahoga County.

$3,750,000.00

865. Illinois ................... Construct DuPage River Bike and Pedestrian

Trail linking Grand Illinois, Midewin, and

I&M Canal Trails.

$100,000.00

866. Texas ..................... Construct parallel bridge for SH 35 over

Copano Bay.

$2,000,000.00

867. Pennsylvania ......... For the City of Philadelphia to begin construction of a low-impact, 2-lane roadway

serving the North Delaware Riverfront corridor.

$10,000,000.00

868. Arkansas ............... Improvement of Ryburn road, Parker Loop,

Hill Harper Road, Rogers Road, and

Shady Grove Road, Cleveland County.

$500,000.00

869. Alaska .................... Keystone Drive Road Improvements .............. $1,000,000.00

870. New York .............. Improve Long and Short Beach Road, Southampton.$2,100,000.00
278

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High Priority Projects—Continued

No. State Project Description Amount

871. California ............... Widen Avenue P to 6 lanes to alleviate traffic

congestion in Palm Dale, CA.

$4,000,000.00

872. Colorado ................ East 104th and U.S. 85 Intersection: Study,

design and construction of needed improvements to intersection.

$2,000,000.00

873. Alaska .................... Construct access road connection from Seward Highway to rail and airport facilities in

Seward.

$3,000,000.00

874. Texas ..................... Widen U.S. 380 West from 2 to 4 lanes from

the Denton, Texas city limits to western

Denton County line.

$5,000,000.00

875. Ohio ....................... Construct Safety and Accessibility Improvement project on U.S. Route 40, Bridgeport.$100,000.00

876. Michigan ................ repave of Frenchline Road from State Highway M 53 to Juhl Road.$500,000.00

877. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of street improvements and

safety enhancements, Borough of Duryea

in Luzerne County.

$250,000.00

878. Alabama ................ Create a U.S. 431 bypass around Eufaula,

AL.

$1,000,000.00

879. North Carolina ...... New route from U.S. 17 in Brunswick County to Independence Boulevard in Wilmington, including new bridge over Cape

Fear River.

$1,000,000.00

880. Washington ........... Congestion relief on I–405 with added lanes

from SR 520/SR 522 including 2 lanes

each way from NE 85th/NE 124th.

$1,000,000.00

881. Illinois ................... Resurface Internationale Parkway between

Lemont Road and Joliet Road in

Woodridge, IL.

$100,000.00

882. Texas ..................... Pedestrian walkway improvements for the

Main Street Corridor Revitalization

Project, Houston.

$16,000,000.00

883. Wisconsin .............. onstruct State Highway 110 (County Highway G to Winchester), Winnebago County,

WI.

$5,000,000.00

884. Minnesota .............. Construct 4th Street overpass grade separation crossing a BNSF Rail Road, City of

Carlton.

$199,794.00

885. American Samoa ... Village road improvements for Tau, Ofu, and

Olosega-Sili counties in Manua District.

$1,400,000.00

886. New York .............. Remediate road runoff in vicinity of Peconic

Estuary watershed.

$1,000,000.00

887. Texas ..................... I–35 Replacement Bridge, Dallas ................... $10,400,000.00

888. Ohio ....................... Red Bank Road Widening I–71 to Fair Lane

in Hamilton County.

$4,100,000.00

889. Georgia .................. Upgrade sidewalks and lighting, Wrightsville $500,000.00

890. Louisiana ............... Construct Kansas-Garrett Connector and I–

20 Interchange Improvements, Ouachita

Parish.

$5,000,000.00

891. Connecticut ........... Construct Enfield Maple Street Bridge Replacement.$1,910,000.00

892. Texas ..................... Anzalduas Bridge Connection from the proposed bridge GSA facilities, north 2.4 miles

to connect to Bryan Road, Mission.

$500,000.00

893. Ohio ....................... Paving, access and service road construction

at Gate Lodge site in the City of Akron.

$180,000.00

894. Oregon ................... I–5/Beltline Interchange ................................. $15,000,000.00

895. Texas ..................... Construction of the Northeast Parkway from

Loop 375 to the Texas-New Mexico State

line on FM 3255, El Paso.

$4,500,000.00

896. Illinois ................... Improve streets, Merrionette Park ................. $500,000.00

897. Illinois ................... For widening from 2 to 4 lanes, the

Brookmont Boulevard Viaduct in the City

of Kankakee.

$750,000.00

898. Georgia .................. Create a greenway trail along the Oconee

River connecting parks, preserving historic

sites, and promoting economic development.

$2,000,000.00
279

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High Priority Projects—Continued

No. State Project Description Amount

899. Nevada .................. Widening of I–15 from U.S. 95 to Speedway

Blvd.

$6,000,000.00

900. Pennsylvania ......... Conducting environmental review and acquire

right-of-way for preferred alternative to improve Route 41.

$4,000,000.00

901. Georgia .................. Construct Peter St. and Olympic Drive access

perimeter around City of Athens.

$2,000,000.00

902. New York .............. Rehabilitate Fishkill Road, culvert replacement at Foundry Brook in Putnam County, NY.$1,200,000.00

903. Virginia ................. Construct Route 29 Bypass in Amherst and

Lynchburg.

$2,000,000.00

904. Minnesota .............. Construction of Mesabi Station, City of Virginia.$1,300,000.00

905. Pennsylvania ......... Construction of the Jeannette Truck Route to

upgrade access from SR 30 to the City of

Jeannette and the Jeannette Industrial

Park.

$4,000,000.00

906. Kentucky ............... Replace bridge over Stoner Creek (C–37), 2

miles east of Junction U.S. 27.

$800,000.00

907. Texas ..................... Construct Arkansas Avenue railroad grade

separation project, Laredo.

$4,500,000.00

908. Minnesota .............. CSAH 61 improvements, City of Coleraine,

Itasca County.

$490,000.00

909. New Jersey ............ Route 52 Causeway Replacement and Somers

Point Circle Elimination. Replace 4 bridges

with fixed span elevated structure, replace

circle with intersection.

$9,000,000.00

910. North Carolina ...... Study feasibility of widening NC226, initiate

preliminary planning and design and make

operational upgrades to improve safety.

$2,000,000.00

911. District of Columbia.11th St. BridgesRehabilitation of structures

as well as new ramps to provide for traffic

at Navy Yard, Southeast Federal Center,

and Gateway Government Center.

$32,000,000.00

912. Delaware ............... Replacement of Indian River Inlet Bridge

along SR 1.

$5,000,000.00

913. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Niota, TN.

$57,000.00

914. Virginia ................. Wolf Creek Trail/development of trail along

Wolf Creek, Washington County.

$75,000.00

915. Virginia ................. Improve Route 221 in Forest, VA .................. $1,000,000.00

916. Tennessee .............. Widen SR 66 in Sevier County, north of

Sevierville to a 6-lane facility.

$2,000,000.00

917. Illinois ................... Patch, drain, resurface, reshoulder, and reconstruct county highways 8 and 29 at

their I–55 interchanges.

$1,000,000.00

918. Mississippi ............. SR 44 rerouting, Columbia ............................. $3,500,000.00

919. New York .............. Pedestrian walkway and bikeway improvements along the NYC Greenway System in

Coney Island.

$3,200,000.00

920. Massachusetts ....... Construct Blackstone River Bikeway between

Providence, RI and Worcester, MA.

$3,500,000.00

921. Washington ........... SR 2/Main Street/Old Owen Road Intersection, Monroe.$540,000.00

922. Iowa ....................... Construct SW connector from the interchange

of relocated IA 5 to IA 28 in West Des

Moines.

$2,000,000.00

923. Florida ................... Construction of U.S. 1 Interchange at CR

210 in St. Johns County, Florida.

$6,300,000.00

924. Massachusetts ....... Reconstruction of the North Washington

Street Bridge, Boston.

$8,000,000.00

925. Oregon ................... South Bank Trail, Eugene ............................. $1,920,000.00

926. Minnesota .............. Construct roadway improvements to CSAH

76, Little Falls.

$600,000.00

927. Illinois ................... Widen IL Route 47 thru Huntley, IL ............ $3,900,000.00

928. Rhode Island ......... Replace Sakonnet Bridge ................................ $9,500,000.00

929. New Jersey ............ Study and preliminary engineering designs

for a boulevard on State Route 440 and

U.S. Highway Routes 1 and 9, Jersey City.

$1,000,000.00
280

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

930. Ohio ....................... Highway safety construction/improvements in

Geauga County on Merritt Rd.

$300,000.00

931. Louisiana ............... Develop master transportation plan for the

New Orleans Regional Medical Center.

$300,000.00

932. Pennsylvania ......... Erie Corridor Upgrades: Peach St./I–90 to

Waterford; Route 89/Route 6 to Route 8;

Route 6N/I–79 to Angling Rd.; Route 6/

Route 89N to Corry; Route 6 at Ranges

Corner Hill, E. of Union City, Routes 89,

8, and 19.

$1,000,000.00

933. Tennessee .............. Create a multi-faceted greenway in downtown

Columbia on the Duck River.

$8,000,000.00

934. Michigan ................ M 6 Paul Henry Freeway trail design and

construction.

$2,660,000.00

935. Mississippi ............. Pearl-Richland Intermodal Connector: Intermodal connector linking I–20 to U.S.

Highway 49 and servicing Kansas City

Southern Railroad Intermodal facility.

$1,000,000.00

936. Washington ........... Bremerton Pedestrian/Bremerton Transportation Center Access Improvement project.$20,000,000.00

937. California ............... Construct Silicon Valley Transportation Incident Management Center, San Jose.$6,000,000.00

938. New York .............. Rehabilitate Route 9 in City of Peekskill ....... $1,775,000.00

939. New York .............. Construction of and improvements to Niagara

Street in Buffalo.

$1,000,000.00

940. Alabama ................ Construct interchange on I–59 at 49th Street

(City of Fort Payne).

$3,000,000.00

941. West Virginia ........ Constructing 4 lane improvements on U.S.

Route 35 in Mason County, WV.

$44,250,000.00

942. Pennsylvania ......... Replacement of the Blair Creek Bridge (SR

1010) over the Little Lehigh Creek, just

west of the Maple Grove Bridge in

Longswamp Township, Berks County.

$1,600,000.00

943. California ............... Improve I–8 offramp at Octotillo to the Imperial Valley College Desert Museum/Regional Traveler Visitor Center, Imperial

County.

$1,000,000.00

944. California ............... Widen SR 99 between Tulare and Kingsburg,

CA.

$3,800,000.00

945. California ............... Add carpool lane and truck lane on I–5 in

Santa Clarita Valley, CA.

$1,500,000.00

946. Minnesota .............. Construct full diamond interchange for TH

53 at 6th Ave., City of Virginia.

$2,100,000.00

947. Florida ................... Improvements to I–75 between Daniels Parkway in Lee County, FL, and Golden Gate

Parkway in Collier County.

$34,000,000.00

948. Virgin Islands ........ Reconstruct Scott Free Road, St. Thomas ..... $7,000,000.00

949. Connecticut ........... Construct Groton Bicycle and Pedestrian

Trails and Facilities.

$380,000.00

950. Pennsylvania ......... Logan Sq. transportation enhancements involving pedestrian, safety, and landscaping

improvements to area bisected by Benjamin

Franklin Parkway and Logan Circle.

$1,250,000.00

951. New Hampshire .... Reconstruction and upgrade of the intersection of NH 130 and Broad Street in Hollis, NH.$464,000.00

952. Alabama ................ Additional lanes on U.S. 84 from Andalusia

to Enterprise.

$1,000,000.00

953. New York .............. Implement Improvements for Pedestrian

Safety in New York County.

$1,000,000.00

954. Ohio ....................... Road Construction parallel to railway crossing to eliminate use of unsafe grade crossing on Hines Hill Road, City of Hudson.$300,000.00

955. Minnesota .............. Construction of primary and secondary access

roadways to the Duluth Air National

Guard Base, City of Duluth.

$4,000,000.00
281

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High Priority Projects—Continued

No. State Project Description Amount

956. New Jersey ............ Project will separate the intersection of 13th

Street and the Lehigh Rail Line through

bridge or tunnel in Borough of Manville,

NJ.

$500,000.00

957. Ohio ....................... Expand Cuyahoga Tow Path, Brooklyn

Heights and Newburg Heights.

$3,250,000.00

958. Florida ................... Improvements to State Road 710, Congress

Avenue to Dixie Highway, Palm Beach

County.

$3,000,000.00

959. Nebraska ............... Construct an Interchange at Pflug Road and

I–80, Sarpy County.

$1,000,000.00

960. Georgia .................. I–75 widening from 4 to 8 lanes, Tift/

Lowndes/Turner County.

$1,000,000.00

961. California ............... Monterey Bay Sanctuary Scenic Trail/connect

missing segments of a bike and pedestrian

trail around the Monterey Bay National

Marine Sanctuary.

$5,000,000.00

962. Illinois ................... Construct pedestrian walkways and

streetscaping projects, Western Springs.

$4,210,000.00

963. Illinois ................... Undertake streetscaping project on Harlem

Avenue initiating from 71st Street to I–80,

Cook County.

$5,000,000.00

964. Pennsylvania ......... SR 3003 Bridge, replace bridge with possible

roadway realignment in Mehoopany, Wyoming County.

$2,000,000.00

965. Arkansas ............... Construction of I–49, Arkansas portion of

Bella Vista Bypass to Pineville, Missouri.

$10,000,000.00

966. Ohio ....................... Improvements to Lauby Rd., an exit off I–77

in the City of Green.

$1,500,000.00

967. Georgia .................. SE DeKalb Arterial Analysis .......................... $1,000,000.00

968. Oregon ................... Study landslides on U.S. Highway 20 between Cascadia and Santiam Pass to develop long-term repair strategy.$1,000,000.00

969. Illinois ................... Construct connector road from McCormick

Blvd. to I–94, Lincolnwood.

$1,000,000.00

970. New Jersey ............ Pedestrian facilities and street lighting on

Route 551 from Route 130 to Chestnut

Street, Brooklawn.

$400,000.00

971. New Hampshire .... Relocation of the intersection of Maple Avenue and Charleston Road (Routes 12 and

11) in Claremont, NH.

$500,000.00

972. Illinois ................... Conduct study of Oak Park Environmental

Cap.

$1,000,000.00

973. New York .............. Construct and improve access roads to Northland Commerce Park in Buffalo.$1,500,000.00

974. Florida ................... I–75 Interchange Improvements in Pembroke

Pines, Broward County, FL.

$9,000,000.00

975. Texas ..................... Hike and bike trail will tie into the Gellhorn

Dr. project providing an improved multimodal transportation facility.

$1,000,000.00

976. Tennessee .............. Widen SR 75 to 5 lanes in Washington and

Sullivan Counties.

$2,500,000.00

977. Arkansas ............... Repair Clear Creek Bridge and approaches,

Lafayette County.

$280,000.00

978. Wisconsin .............. Reconstruct U.S. Highway 41 in Oconto

County, WI.

$2,000,000.00

979. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Sweetwater, TN.

$96,000.00

980. Oklahoma .............. Construction of Norman Grade Separation .... $2,000,000.00

981. Washington ........... U.S. 12, Burbank to Walla Walla: Construct

U.S. Highway 12 from Wallula to Walla

Walla, Washington.

$3,000,000.00

982. Illinois ................... Improve roads, Village of Bellwood ................ $1,328,000.00

983. Ohio ....................... Bridge replacement over the Tuscarawas

River in Bethlehem Township.

$1,300,000.00

984. New York .............. Improve North Fork Trail, Southold .............. $200,000.00

985. Arizona .................. Construct railroad grade separations (on 6th

St. and 22nd St.) and reconstruct Speedway Blvd. Underpass, Tucson.

$7,000,000.00
282

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High Priority Projects—Continued

No. State Project Description Amount

986. California ............... Atlantic Blvd. Bridge widening, Vernon ......... $1,000,000.00

987. Indiana .................. Upgrade of U.S. 31 from I–465 to SR 38 in

Hamilton County, a distance of 12.5 miles.

$1,000,000.00

988. Connecticut ........... Construct Valley Service Road Project, North

Haven.

$1,000,000.00

989. Pennsylvania ......... SR 3005 Bridge, replace the existing 1 span

steel truss bridge with concrete box beam

bridge. In Sterling Township, Wayne County.

$1,000,000.00

990. Puerto Rico ........... To provide for the extension of PR 53 between Yabucoa and underserved Maunabo.

Project will enhance safety and efficiency

while protecting the environment.

$5,000,000.00

991. South Carolina ...... Murphy Road West Bridge in Anderson

County.

$150,000.00

992. California ............... Improve farm to market roads in Tulare

County.

$7,500,000.00

993. Illinois ................... Phase II engineering study for high level

bridge linking Caton Farm Road with

Bruce Road.

$2,000,000.00

994. Maine ..................... Safety Enhancements on Routes 11, 6, and

16 for Piscataquis County Industrial Development.

$400,000.00

995. Mississippi ............. Old Augusta Road project, Perry County ...... $3,500,000.00

996. Missouri ................. Lane widening and shoulder construction as

part of larger 92–10 corridor development.

$4,000,000.00

997. Georgia .................. Construct a new Interchange at I–75 and CR

65 and perform renovations on CR 65.

$7,757,976.00

998. Texas ..................... U.S. 59 just south of Nacogdoches, from

Loop 224 south to Spradley Street.

$3,000,000.00

999. New York .............. Reconstruct Page Green Road (Starr Road to

Congdon Lane).

$2,900,000.00

1000. Massachusetts ....... Reconstruct and enhance Massachusetts Avenue, Boston.$5,000,000.00

1001. Oregon ................... Construct turn lane on Highway 101, Gold

Beach.

$200,000.00

1002. Florida ................... Timucuan Bike Trail in Duval County ........... $1,500,000.00

1003. Texas ..................... Extension of SH 190, the President George

Bush Tollway, in Rowlett to IH 30 in Garland.

$5,000,000.00

1004. Colorado ................ Bromley Lane and U.S. 85 interchange feasibility study and construction of needed improvements.$2,000,000.00

1005. Texas ..................... SH 158 from U.S. 87, north of Sterling City

to 9.5 miles west.

$1,500,000.00

1006. Alabama ................ Continuous river edge walkway creating a

system of parks and open spaces in historic

downtown Montgomery.

$1,000,000.00

1007. Wyoming ............... U.S. 85 Passing Lanes: Add passing lanes on

the hills from Lusk to Mule Creek Junction.

$2,000,000.00

1008. Texas ..................... Ennis, U.S. 287 Bypass from U.S. 287 South

to IH 45, take from 2 to 4 lanes.

$7,000,000.00

1009. Mississippi ............. Airport Parkway Connector: Multi-lane limited access highway linking downtown

Jackson to Jackson International Airport/

western segment of project connecting I–55

to MS Highway 468.

$2,000,000.00

1010. Tennessee .............. Widen SR 101 in Cumberland County from 2

lane highway to 5 lanes between SR 282

(Dunbar Road) and 392, Crossville.

$8,000,000.00

1011. Illinois ................... Feasibility study to examine transportation

access improvements related to South Suburban Airport, Will County.

$100,000.00

1012. Florida ................... Expansion of SR 35 in Marion County. The

Project extends from SR 40 south to SR

464.

$3,000,000.00

1013. New Jersey ............ Expand Interchange at Exit 16 on I–280,

Harrison.

$10,000,000.00

1014. Iowa ....................... Reconstruct U.S. 30 ‘‘Liberty Square Redevelopment’’ in City of Clinton.$10,000,000.00
283

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High Priority Projects—Continued

No. State Project Description Amount

1015. Pennsylvania ......... Enhance and further build out existing ITIP

ITS system, the Philadelphia region.

$4,100,000.00

1016. California ............... Conduct Study and Construct Vasco Road

Safety Improvements Project, Contra

Costa County, CA.

$1,000,000.00

1017. Illinois ................... Improve Cottage Grove/South Chicago Avenue/71st Street intersection, Chicago.$700,000.00

1018. Florida ................... Improvements to Interstate 75 between Daniels Parkway in Lee County, FL, and Golden Gate Parkway in Collier County, FL.$14,000,000.00

1019. Pennsylvania ......... Freeport Bridge Rehabilitation for structural

improvements, Armstrong County.

$1,500,000.00

1020. Indiana .................. Improve Route 100 South, Porter County ..... $1,000,000.00

1021. Illinois ................... Study, design, and construct a designated

truck route through the City of Monticello.

$1,000,000.00

1022. Florida ................... Upgrade U.S. 301 to 4 lanes between CR 475

and Jarrell Ave. in Sumter County.

$4,000,000.00

1023. Illinois ................... Construct certain segments of Southern

DuPage County Regional Trail.

$100,000.00

1024. Texas ..................... Reconstruct the I–30 Bridge over the Trinity

River in Dallas, TX.

$1,000,000.00

1025. Ohio ....................... New highway connector linking U.S. Route

36 and I–71 in Delaware County.

$14,000,000.00

1026. New York .............. Conduct corridor study on NYS 5 in the village of Herkimer.$80,000.00

1027. Texas ..................... Reconstruct and elevate FM 3005,

Harborside Dr., and Stewart Rd., Galveston.

$500,000.00

1028. Florida ................... Construction of a new bridge at Indian

Street, Martin County.

$1,000,000.00

1029. Ohio ....................... Construct pedestrian bridge over I77; tunnel

underneath railroad; bridge over

Tuscarawas River along Ohio and Erie

Canal in Tuscarawas County.

$2,000,000.00

1030. Maine ..................... Kennebec River Rail Trail .............................. $400,000.00

1031. Colorado ................ Widen and upgrade U.S. 36 from City of

Boulder to I–25.

$5,000,000.00

1032. Illinois ................... Engineering studies and construction of

Romeoville and/or Plainfield interchange(s)

approved by FHWA.

$1,500,000.00

1033. Texas ..................... U.S. 380 from Throckmorton/Young County

line, 7.409 miles west.

$1,000,000.00

1034. Illinois ................... Construction and engineering U.S. Route 30

to 4 lanes between Fulton and Rockfalls,

IL.

$1,000,000.00

1035. California ............... I–5 CIP adds general purpose lanes, HOV

lanes and corridor arterial improvements

from SR 91 to I–710.

$5,650,000.00

1036. Florida ................... I–95 Interchange at Becker Road in St.

Lucie County, FL.

$2,000,000.00

1037. New York .............. Implement Diamond Grinding Measures to

Reduce Noise on I–95, I–278, Mosholu

Parkway, I–495, Grand Central Parkway,

and Richmond Parkway.

$700,000.00

1038. Missouri ................. Construct new Missouri Route 19 Bridge at

Hermann, Missouri.

$1,000,000.00

1039. Oregon ................... Reroute U.S. 97 at Redmond, OR and improve the intersection of U.S. 97 and Oregon 126.$5,000,000.00

1040. Texas ..................... Improvements to North I Road, north of FM

3461 to SH 495, Hidalgo County.

$1,900,000.00

1041. Tennessee .............. Proposed SR 385 from U.S. 72 to I–40 in

Shelby and Fayette Counties. It is part of

an outer loop, around the City of Memphis.

$3,150,000.00

1042. Florida ................... Replacement of a 2 lane bridge with a 4 lane

bridge including bicycle and pedestrian

lanes in Bay County.

$5,000,000.00
284

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1043. Pennsylvania ......... 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.

$500,000.00

1044. Ohio ....................... Upgrade Riversouth street networks between

Route 40 and I–70/71 in Columbus, OH.

$8,500,000.00

1045. Maryland ............... Design and right-of-way of an interchange

connecting MD 5, MD 373, and Brandywine Road, and the widening of MD 5 between Moore’s Road and U.S. 301, Charles

County.

$10,000,000.00

1046. Virginia ................. Town of St. Paul/restoration of historic

Hillman House to serve as trail system information center on and construction of

stations.

$300,000.00

1047. Arkansas ............... Overlay Lester Road, County Road 25,

Ouachita County.

$500,000.00

1048. Indiana .................. Extend I–69 from Indianapolis to Evansville $22,500,000.00

1049. Louisiana ............... Construct bridge across Ouachita River from

Monroe, LA to West Monroe, LA.

$1,500,000.00

1050. Florida ................... Depot Avenue Road Enhancements, Gainesville.$6,000,000.00

1051. New York .............. The Town of North Hempstead’s improvements along Prospect Avenue corridor in

the hamlet of New Cassel.

$1,000,000.00

1052. California ............... Reconstruct the interchange of I–5 and Richards Boulevard and other improvements.$10,000,000.00

1053. New York .............. Route 17 M Corridor access management and

safety improvements in Orange County,

NY.

$500,000.00

1054. Oregon ................... Construct highway and pedestrian access to

Macadam and construct street improvements as part of South Waterfront development.

$9,000,000.00

1055. Mississippi ............. Widening of MS Highway 15: Reconstruction,

relocation, and widening segment of MS

Highway 15 from Louisville to Philadelphia.

$1,250,000.00

1056. Illinois ................... Next phase of the U.S. Route 51 4-lane expressway extension from Moweaqua to

Pana.

$1,800,000.00

1057. California ............... Reconstruct 7 miles of Whittier Blvd. from

Valley Home to Rivera Road (SR 72),

Whittier.

$1,100,000.00

1058. Louisiana ............... New Iberia rail grade separation .................... $2,000,000.00

1059. Mississippi ............. Feasibility study for MS Highway 27: Feasibility study for widening MS Highway 27

south from Monticello to Louisiana line.

$500,000.00

1060. Georgia .................. 7.3 mile recreation and multi-use trail in Hall

County, GA.

$5,200,000.00

1061. District of Columbia.South Capitol Street/Fredrick Douglass

Bridge rehabilitation of structures and environmental studies.

$20,000,000.00

1062. South Carolina ...... Construction of SC 9 in Spartanburg County $9,000,000.00

1063. Florida ................... Upgrade of I–75 between SR 52 and SR 50

in Pasco and Hernando County.

$1,000,000.00

1064. North Carolina ...... Widening of U.S. 29 Business (Freeway

Drive) from South Scales Street to NC 14,

Rockingham County.

$10,000,000.00

1065. California ............... Realign Route 4 within the City of Oakley to

construct a northerly bypass west of Vintage Parkway to Main Street at the intersection of Second Street.

$2,000,000.00

1066. Ohio ....................... Upgrade U.S. Route 30 between State Route

235 and Upper Sandusky in Hancock and

Wyandot Counties.

$10,090,000.00

1067. Michigan ................ Highland, Pave Clyde Rd. from Strathcona to

Hickory Ridge.

$125,000.00
285

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High Priority Projects—Continued

No. State Project Description Amount

1068. New York .............. Improvements to Lexington Ave. in Village of

Mt. Kisco in Westchester County.

$500,000.00

1069. New Mexico ........... Complete design, environmental and cultural

resource studies and initial construction of

NM 4 around, or improvements through,

Walatowa.

$1,500,000.00

1070. California ............... Widen California Highway 101 and reconstruct off ramps between Steele Lane and

the town of Windsor.

$9,000,000.00

1071. Virginia ................. North Fork of Pound Lake Trail and Visitors

Center/construction of trails network and

visitors center on Forest Service land.

$750,000.00

1072. Maryland ............... Route 29 lane widening from Route 32 intersection to Johns Hopkins Rd. to reduce

congestion and increase safety, Howard

County.

$11,000,000.00

1073. Alaska .................... Construct linking road from airport to port in

Akutan.

$3,000,000.00

1074. Pennsylvania ......... California University of Pennsylvania Urban

Maglev Demonstration Project.

$2,000,000.00

1075. Virginia ................. Engineering and right-of-way for I–73 in

Henry County.

$2,000,000.00

1076. Indiana .................. Widening of 1.2 miles of 4 lane street, with

sidewalks in Carmel, IN.

$1,000,000.00

1077. Arkansas ............... Improve Johnny Tate Bridge, Scott County .. $280,000.00

1078. Minnesota .............. Phase III of Devil Track Road Project, Cook

County.

$1,200,000.00

1079. New York .............. Pedestrian access improvements to Main

Street in the central business district of

Hempstead.

$2,000,000.00

1080. Minnesota .............. Construct Paul Bunyan Trail Walker to

Bemidji Segment.

$1,400,000.00

1081. California ............... Construct exit from SR 78 to San Diego

State University-Brawley Campus, Brawley.

$500,000.00

1082. Mississippi ............. Upgrade roads in Fayette (U.S. Highway 61/

33), Jefferson County.

$600,000.00

1083. Michigan ................ grade separation over the Canadian National

Railroad at Wilder Road.

$1,000,000.00

1084. Alaska .................... Citywide pavement rehabilitation in City of

North Pole.

$1,000,000.00

1085. Pennsylvania ......... Construction of 15 mile segment of Mon-Fayette Expressway from Route 119, Fayette

County to Route 88, Washington County.

$5,000,000.00

1086. North Dakota ........ Replacement of Bismarck Mandan Memorial

Bridge. This bridge spans the Missouri

River and connects 2 of North Dakota’s

largest cities.

$24,000,000.00

1087. Oklahoma .............. Construct and widen 6 lanes on I–44 from

the Arkansas River extending east approximately 3.7 miles to Yale Avenue in Tulsa.

$12,000,000.00

1088. Michigan ................ Croix Street reconstruction/remove and install

new surface, curb, gutter, sidewalk from

U.S. 41 to Mass Street, Negaunee.

$1,125,000.00

1089. Virginia ................. Construct I–73 in Roanoke County ................ $2,000,000.00

1090. Texas ..................... Complete upgrade of U.S. 290 East of

Williamson Creek to West of RM 1826.

$6,000,000.00

1091. New York .............. Deer Avoidance System .................................. $250,000.00

1092. Mississippi ............. Longleaf Trace Rail-Trail: Expansion and improvement of Longleaf Trace rails-to-trail,

running from Prentiss to Hattiesburg.

$250,000.00

1093. Pennsylvania ......... Route 422: Complete preliminary engineering

and 4 lane expansion from Ebensburg to

Kitanning.

$3,000,000.00

1094. Georgia .................. 1-mile pedestrian pathway along Spring

Road, Cobb County.

$2,000,000.00

1095. Georgia .................. U.S. 27 reconstruction and rehabilitation,

Colquitt to CR 279/Damascus-Hilton Road.

$1,000,000.00

1096. Mississippi ............. Upgrade roads in Kilmichael, Montgomery

County.

$400,000.00
286

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1097. New York .............. Rehabilitation of road and drainage systems

on Sequams Lane Center and Sequams

Lane West in the Town of Islip.

$700,000.00

1098. New York .............. Improvements to Old Glanham Rd. in Town

of Fishkill.

$125,000.00

1099. California ............... Alhambra Valley Boulevard Enhancement

Project, the City of Alhambra.

$2,000,000.00

1100. California ............... Widening of Mount Vernon Avenue bridge to

4 lanes, Colton.

$1,250,000.00

1101. Ohio ....................... Continue enhancement of successful riverfront project to provide valuable pedestrian

and bikeway linkages, connecting surrounding neighborhoods and downtown.

$3,480,000.00

1102. Massachusetts ....... Geometric improvements, safety enhancements, and signal upgrades at Routes 28

and 106, intersection West Bridgewater.

$1,500,000.00

1103. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Knoxville,

TN.

$158,000.00

1104. Indiana .................. New road construction of Oak Road Extension in Plymouth, Indiana.$1,000,000.00

1105. California ............... Implement intelligent management and logistics measures to improve freight movement,

Gateway Cities.

$3,000,000.00

1106. Indiana .................. Modernize traffic signals throughout the city,

reduce congestion, enhance economy, ease

air pollution in Muncie, IN.

$600,000.00

1107. Mississippi ............. Upgrade roads at Coahoma Community College, and roads in Coahoma and Jonestown, Coahoma County.$1,600,000.00

1108. Alabama ................ Pedestrian Improvements for the cities of

Moody, Leeds, Homewood, Columbiana,

Northport, Gardendale, Morris,

Centerpoint and Pell City.

$1,200,000.00

1109. Arizona .................. Resurface Navajo Mountain Road, Navajo

Nation.

$1,000,000.00

1110. Texas ..................... Road grade separation at Fairmont Parkway

over Southern Pacific Road.

$5,000,000.00

1111. New York .............. Construct smart growth improvements in the

Nepperhan Valley, Yonkers.

$500,000.00

1112. California ............... Reconstruct segments of Hollister Avenue between San Antonio Road and State Route

154, Santa Barbara County.

$2,500,000.00

1113. Indiana .................. Interchange of I–64, Harrison County ........... $600,000.00

1114. Missouri ................. Expand MO Route 94 (St. Charles County,

MO) to accommodate increased traffic flow

from completed Page Ave. Bridge.

$3,000,000.00

1115. Florida ................... Miami River Greenway Roadway Improvements Project.$2,000,000.00

1116. Michigan ................ M 72 Widening in Grand Traverse County .... $2,500,000.00

1117. Ohio ....................... Construct bike/pedestrian path, Independence $1,100,000.00

1118. Texas ..................... I–35 East/I–635 Interchange ......................... $2,500,000.00

1119. Florida ................... Park Blvd. (SR 694), Pinellas Park ............... $5,000,000.00

1120. Colorado ................ Improve U.S. 40 over Berthoud Pass, Clear

Creek and Grand Counties.

$1,000,000.00

1121. Illinois ................... Improve streets, Westchester .......................... $150,000.00

1122. Nevada .................. Construct City of Henderson, Nevada Interchanges, I–515.$21,000,000.00

1123. Arizona .................. Construct the Rio Salado Parkway from 7th

Street to the planned loop 202 freeway,

Phoenix.

$8,000,000.00

1124. Washington ........... 24-hour 2-way transit and HOV facility on I–

90 between I–5 in downtown Seattle and

I–405 in Bellevue.

$10,000,000.00

1125. New York .............. Restore vehicular traffic to Main Street in

downtown Buffalo.

$5,000,000.00

1126. West Virginia ........ Construct Shawnee Parkway .......................... $1,100,000.00

1127. Pennsylvania ......... Upgrades to Business Route 220 (SR 4009)

at the entrance of the Bedford Business

Park to Beldon County Ridge intersection.

$2,100,000.00
287

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1128. New York .............. Construction of and improvements to Michigan Avenue, Buffalo.$1,000,000.00

1129. Illinois ................... Reconstructs and realigns 2.3 miles of Evergreen Avenue located west of the City of

Effingham, IL.

$1,875,000.00

1130. New York .............. Improvements to Brewster Hill Rd., Starr

Ridge Rd., Independence Way, Sherwood

Hill, and Shore Dr. in Town of Southeast.

$240,000.00

1131. Puerto Rico ........... Project will provide for a central segment of

PR 10 between Utuado and Adjuntas. This

will help complete a much needed north/

south artery.

$5,000,000.00

1132. Illinois ................... Development of an interchange at Brisbin

Rd. and I–80.

$6,000,000.00

1133. Arkansas ............... Construction of Gilham Lake Access Road,

Howard County.

$1,144,000.00

1134. Florida ................... Intermodal connector between the Tallahassee

Regional Airport and I–10.

$9,000,000.00

1135. Florida ................... New systems interchange ramps at SR 417

and Boggy Creek Road in Orange County,

FL.

$1,000,000.00

1136. Arkansas ............... Development of interchange at State Highway 89 and I–40.$3,000,000.00

1137. Pennsylvania ......... Design, engineering, ROW acquisition and

construction of a connector road between

PA 115 and I–81, Luzerne County.

$500,000.00

1138. California ............... mitigate current and future congestion and

operational problems occurring daily along

Harbor Boulevard between I–405 southbound onramp and Sunflower Avenue.

$3,000,000.00

1139. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Loudon,

TN.

$57,000.00

1140. Oklahoma .............. Enhancements for Highway 19 from Ada to

Stratford.

$3,000,000.00

1141. Minnesota .............. Economic Development Corridor planning between Aurora and Ely.$3,000,000.00

1142. Texas ..................... Houston Region Highway Mitigation Demonstration project to measure impact of

forestation and landscaping along Houston

freeways.

$6,000,000.00

1143. New Jersey ............ New Jersey Turnpike/Route 440 Interchange

Improvement, Bayonne.

$5,000,000.00

1144. Iowa ....................... Construction of roadway south of Cedar Lane

to Highways 92 and southwest to I–29 at

the East Beltway/Council Bluffs, IA

(Pottawattamie County).

$1,000,000.00

1145. New York .............. Improve Traffic Flow on Noel Road between

Church and Crossbay Boulevard Including

Work Necessary to Demolish and Reconstruct the Firehouse Facility.

$1,000,000.00

1146. New York .............. Conduct ITS study for Intermodal Chassis .... $1,500,000.00

1147. New York .............. Improve bicycle and pedestrian safety on

Main Street, Holbrook.

$100,000.00

1148. Nevada .................. Construct U.S. 95 Interchange with Horse

Road, Las Vegas, Nevada.

$6,000,000.00

1149. Texas ..................... Waxahachie, build out and improvements to a

portion of IH 35, from U.S. 77 North of

Waxahachie to U.S. 77 South of

Waxahachie.

$5,000,000.00

1150. Ohio ....................... Highland-Bishop Road intersection construction and enhancement project in the City

of Highland Heights.

$940,000.00

1151. North Carolina ...... Relocate U.S. 70 as a 4 lane divided facility

to increase capacity and safety.

$2,000,000.00

1152. New York .............. Rehabilitation of Bedell Road in Town of

Poughkeepsie, NY.

$481,555.00

1153. Oregon ................... Construct bike/pedestrian path, Powers ......... $440,000.00
288

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1154. New York .............. Transportation facility for Harlem Hospital

Complex.

$11,000,000.00

1155. Georgia .................. Upgrade sidewalks, replace street lights, and

landscaping, Metter.

$500,000.00

1156. Indiana .................. Construct interchange at I–65 and 109th Avenue, Crown Point.$6,000,000.00

1157. Michigan ................ Realignment of 3200 feet of County Road

492 from U.S. 41 north to County Road

HD.

$500,000.00

1158. Illinois ................... Relocate U.S. Route 41, Chicago ................... $6,500,000.00

1159. Georgia .................. Replace sidewalks, upgrade lighting, and install landscaping, Soperton.$865,200.00

1160. Washington ........... SR 2/Kelsey Street Intersection Improvements, Monroe.$135,000.00

1161. Ohio ....................... St. Route 8 Service Road Construction in

Summit County.

$1,303,000.00

1162. New Jersey ............ Hoboken Waterfront Bicycle and Pedestrian

Facilities.

$2,000,000.00

1163. Virginia ................. Occoquan, VA Mill Street improvement

project.

$200,000.00

1164. Ohio ....................... Reconstruct and widen State Route 82, North

Royalton.

$1,000,000.00

1165. New York .............. Reconstruct the Niagara Street culvert/bridge

which crosses over Two Mile Creek, City of

Tonawanda.

$600,000.00

1166. Wisconsin .............. Rehabilitate U.S. Highway 51 from County S

to U.S. 8.

$4,000,000.00

1167. New Jersey ............ Safety and flow improvements for I–287/I–

80/Route 202 Interchange.

$2,000,000.00

1168. North Carolina ...... Installation of Intelligent Transp. Systems

devices along U.S. 52 over Norfolk Southern RR, Winston Salem.

$700,000.00

1169. District of Columbia.Metro Branch Trail Construction ................... $2,000,000.00

1170. Tennessee .............. Expansion of Rutherford County signage system (visitor’s center and transportation information hub).$400,000.00

1171. Texas ..................... Construct I–69 as an interstate facility from

Texas/Louisiana to Mexico border.

$150,000.00

1172. Oregon ................... Sunrise Corridor for planning, engineering,

and multimodal development work in

Clackamas County and the Damascus Area

Concept and Implementation Plan.

$3,000,000.00

1173. Illinois ................... Upgrade roads in the vicinity of ABLA

Homes, Chicago.

$1,000,000.00

1174. Florida ................... To complete improvements to Eller Drive including right-of-way acquisition and construction of return loop connector beginning on I–595 west of U.S. 1 and connecting U.S. 1 south.$2,000,000.00

1175. Pennsylvania ......... U.S. 30 corridor improvements from PA 896

to PA 897. Connects PA 41.

$3,000,000.00

1176. Pennsylvania ......... For the development of 9.6 miles of public bicycle and pedestrian trail along the Delaware River by the PA Environmental

Council.

$9,288,525.00

1177. Massachusetts ....... Somerville roadway improvements, Somerville $2,000,000.00

1178. Texas ..................... North Cameron County East-West Railroad

Relocation Project.

$500,000.00

1179. California ............... Construct truck lane on Baughman Road

from State Route 78/86 to Forrester Road,

Westmoreland.

$550,000.00

1180. Connecticut ........... Construct UCONN Storrs Campus/Hillside

Road Connection.

$5,000,000.00

1181. California ............... Purchase 1 larger (75 passengers) and 2

smaller (40 passengers) ferry boats and

construct related dock work to facilitate

the use and accessibility of the ferry boats,

Long Beach.

$3,000,000.00
289

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1182. Texas ..................... Widen Mile 6 West to 4 lanes from U.S. 83

to SH 107, Hidalgo County.

$2,000,000.00

1183. Missouri ................. 12th street Viaduct bistate connector, Kansas

City.

$1,000,000.00

1184. New York .............. Study and Implement Improvements to Avenue U from Mill Avenue to East 38th

Street and Flatbush Avenue from Avenue

T to Avenue V.

$500,000.00

1185. New York .............. Construct Fire Island ferry terminal facility,

Patchogue.

$2,000,000.00

1186. New York .............. Rehabilitation of Sharon Dr. in Town of

Poughkeepsie, NY.

$328,000.00

1187. Florida ................... Streetscape improvements on Blue Heron

Boulevard from U.S. 1 to SR A1A, City of

Riviera Beach.

$2,000,000.00

1188. California ............... Construction of 7 grade separations in cities

of Santa Fe Springs, Pico Rivera, and La

Mirada along BNSF Railway.

$2,150,000.00

1189. Iowa ....................... Build IA 32 ‘‘Southwest Arterial’’ in Dubuque County.$20,000,000.00

1190. Washington ........... U.S. 395, North Spokane Corridor: Construct

2-lane highway from U.S. 2 interchange to

Francis Avenue.

$4,380,000.00

1191. California ............... Reconstruction of Sheldon Road and SR 99

Interchange, Elk Grove, CA.

$7,000,000.00

1192. Ohio ....................... I–90/SR 615 bicycle and pedestrian trails expansion in the City of Mentor.$5,000,000.00

1193. Minnesota .............. Main Street streetscape reconstruction, 2nd

Street from Ash Ave. to State Highway 2,

and Grant Utley Ave. from 2nd Street to

6th Street N. across State Highway 2,

Cass Lake.

$1,700,000.00

1194. Tennessee .............. Connector Road Extending I–75 across to

Highway 58.

$12,400,000.00

1195. California ............... Transportation enhancements on Slauson

Ave. and Atlantic Blvd., Maywood.

$2,500,000.00

1196. Indiana .................. Improve Calumet Avenue between Vale Park

Road and Bullseye Lake Road, Valparaiso.

$1,200,000.00

1197. Maine ..................... Construct bicycle and pedestrian bridge over

Stillwater River, Orono.

$1,000,000.00

1198. Pennsylvania ......... Route 313 turning lanes, truck climbing

lanes, Doylestown, Plumstead, Hilltown

Township.

$1,000,000.00

1199. West Virginia ........ Construct I–74/74 Corridor, Mingo Co .......... $12,000,000.00

1200. New York .............. Construction of median, re-design and improvements to Main Street in Buffalo.$1,000,000.00

1201. Michigan ................ Widen and reconstruct a 2 lane road into a 4

lane divided road with landscaped median,

Baldwin Road in Oakland City.

$3,000,000.00

1202. Connecticut ........... Undertake improvements associated with

Coltsville Area Redevelopment, Hartford.

$2,000,000.00

1203. Illinois ................... Construct parking facility and pedestrian

walkways at 94th and South Oak Park Avenue, Oak Lawn.

$150,000.00

1204. Alabama ................ I–65 widening to 6 lanes in Shelby County

from Exit 238 (U.S. 31) to Exit 228 (AL

25).

$10,000,000.00

1205. Virginia ................. Wheelchair-accessible connector trail in Charlottesville.$30,000.00

1206. California ............... Widen State Route 46 to 4 lanes between

Airport Road and the Shandon Rest Stop

in San Luis Obispo County.

$33,461,000.00

1207. Colorado ................ I–70 and SH 58 interchange: Completion of

interchange including reconstruction of existing ramps, building of missing ramps

and ROW acquisition.

$14,000,000.00

1208. Texas ..................... Tower 55 CMAQ Congestion and Preliminary

Engineering Study.

$500,000.00
290

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1209. Texas ..................... Hike and Bike lanes on Sunset Dr., along

Clear Creek and trails along Sunset and

Briarmeadow to 2 city parks.

$600,000.00

1210. Connecticut ........... Construct Montville-Preston Mohegan Bridge

Expansion.

$3,000,000.00

1211. Illinois ................... Conduct study and design of Chicago North

Lakefront path expansion project.

$1,000,000.00

1212. California ............... Montclair Ramona Avenue grade separation

along Alameda Corridor East.

$2,000,000.00

1213. Arkansas ............... Development of infrastructure to Van

Buren’s intermodal facilities.

$1,500,000.00

1214. Ohio ....................... Lake County MetroParks for completion of

Phase III bicycle path project.

$348,000.00

1215. Oregon ................... Widen I–5 between Vancouver, WA and Portland, OR.$5,000,000.00

1216. Iowa ....................... Add 2 lanes to the existing Highway 63 from

Iowa Highway 3 north 18.1 miles to just

south of Highway 18.

$8,700,000.00

1217. California ............... widening the Fairview Road bridge over I,

widening the onramp to accommodate 3

lanes, and provide 1 right-turn lane, 1 optional through or right-turn lane and 3

through lanes.

$1,900,000.00

1218. New Jersey ............ Pedestrian facilities and street lighting on

Haddon Avenue from Albertson Avenue to

Glenwood Avenue, Haddon Township.

$433,000.00

1219. Pennsylvania ......... Relocation and upgrade of Beaver Hallow Rd,

leading to the Beaver Medical Center.

$1,500,000.00

1220. California ............... Reconstruct 1.5 miles of Paramount Blvd.

from Carson Street to Candlewood St.,

Lakewood.

$1,250,000.00

1221. New York .............. Redesign and Reconstruction of the Putnam

Rail trail, the Bronx.

$700,000.00

1222. Oregon ................... Construct turn lane on Gateway Boulevard,

Cottage Grove.

$90,000.00

1223. New York .............. Construction of median, design and improvements to Main Street, Buffalo.$1,000,000.00

1224. California ............... Diesel Emissions Reduction Program for

Gateway Cities Council of Governments.

$3,250,000.00

1225. Kentucky ............... Reconstruct Harrodsburg-Lexington Road

from KY 29 north of Wilmore to 4800’s of

Brannon Road.

$1,000,000.00

1226. Michigan ................ Resurfacing of Frazho Road, Roseville ........... $1,280,000.00

1227. Pennsylvania ......... Construct a 4 lane limited access facility connecting SR 119 north of Mount Pleasant

to the Pennsylvania Turnpike.

$2,000,000.00

1228. New Mexico ........... I–40/Coors Interchange and Bridge Reconstruction: Reconstruction of this major

interchange and required bridge work in

Albuquerque.

$28,000,000.00

1229. New York .............. Mill Road: NY Route 261 to North Avenue in

the Town of Greece.

$2,500,000.00

1230. Pennsylvania ......... Design, engineering, ROW acquisition and

construction of street improvements and

safety enhancements, City of Pittston.

$1,750,000.00

1231. Texas ..................... Add 2 lanes from Victoria Co line to 1.9

miles W. of Gin Road in Pt Lavaca.

$1,500,000.00

1232. Connecticut ........... Establish intermodal service at Bridgeport,

CT port.

$1,500,000.00

1233. New York .............. Construction of pedestrian walkways, Village

of Northport.

$100,000.00

1234. Massachusetts ....... Northern Avenue Bridge rehabilitation, Boston.$3,000,000.00

1235. California ............... Grade separation on Lenwood Road in Barstow, CA.$1,500,000.00

1236. New Jersey ............ Pedestrian facilities, street lighting and

streetscaping improvements in downtown

Laurel Springs.

$596,324.00
291

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1237. California ............... Realign California State Route 299 between

the Trinity County line and mile marker

7.4, Shasta County.

$8,000,000.00

1238. Nebraska ............... Funding for rail grade separation projects located in the Third Congressional District

of Nebraska as identified by the Nebraska

State Department of Roads.

$4,500,000.00

1239. New York .............. Rehabilitation of Oak Beach Road in the

Town of Babylon.

$515,000.00

1240. Texas ..................... Construct 4-lane urban arterial segment of

FM 60 from SH 6 to FM 158 in Brazos

County, Texas.

$4,000,000.00

1241. New York .............. Improvements to Pudding St. at Taconic

State Parkway.

$1,700,000.00

1242. Nevada .................. Design and Construct Cactus Avenue and I–

15 Interchange, Clark County Nevada.

$10,000,000.00

1243. Pennsylvania ......... Restoration of Route 222, including concrete

patching and overlay, in Maxatawny and

Richmond Townships, Berks County.

$2,500,000.00

1244. Kentucky ............... Widen Route 11 from U.S. 460 to the Mt.

Sterling Bypass (KY 686).

$700,000.00

1245. Washington ........... Lewis and Clark Discovery Trailhead and

Scenic Overlook/expand size and improve

safety.

$146,000.00

1246. New York .............. Construct highway and ramp improvements

at Erie Canal Harbor in downtown Buffalo.

$10,000,000.00

1247. Indiana .................. Star Hill Road project between SR 60 and

Starlight.

$4,000,000.00

1248. Texas ..................... Construct direct connectors on U.S. 59, 59B,

U.S. 77.

$4,500,000.00

1249. Maryland ............... U.S. 1 Corridor enhancements. Partial funding for comprehensive improvements to

road corridor between Elkridge and Laurel.

$1,000,000.00

1250. California ............... I–238 Widening between I–580 and I–880,

Ashland/Cherryland/San Leandro/San

Lorenzo.

$1,900,000.00

1251. Florida ................... Springfield Roadway Improvements, Jacksonville.$5,000,000.00

1252. New Jersey ............ East Coast Greenway bicycle and pedestrian

path from New Brunswick to Hudson

River.

$1,000,000.00

1253. New York .............. Reconstruct Nassau Avenue, improve sidewalks and include pedestrian amenities in

Greenpoint, Brooklyn.

$2,400,000.00

1254. Missouri ................. Improve safety conditions along high traffic

area in St. Francois County.

$2,000,000.00

1255. Washington ........... Valley Ave./70th/widen both 70th Avenue and

Valley Avenue, Pierce County.

$1,000,000.00

1256. Florida ................... Atlantic Corridor Greenway Roadway Improvements.$3,000,000.00

1257. Georgia .................. Elimination of highway-rail grade crossings in

Augusta, GA by relocating the Norfolk

Southern rail line.

$3,000,000.00

1258. Florida ................... For the implementation of Advanced Traffic

Management System, Boca Raton, Florida.

$2,000,000.00

1259. New York .............. Route 78 (Transit Road), I–90 to Main

Street, Towns of Amherst, Cheektowaga,

and Clarence.

$3,000,000.00

1260. Georgia .................. Relocate Whitehall Road in Hall County, GA $1,042,024.00

1261. California ............... Construct a 2.8 mile bikeway, along Lambert

Road from Mills Ave. to Valley Home Ave.

in the City of Whittier.

$2,500,000.00

1262. Pennsylvania ......... Finish the installation of sound walls along

Route 309 by the Montgomery County

Planning Commission.

$5,000,000.00

1263. California ............... Improve Ben Maddox Bridge crossing State

Route 198, Visalia.

$2,000,000.00

1264. Florida ................... Traffic Reconfiguration of SR 934 and U.S.

Route 1, Miami.

$2,000,000.00
292

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1265. Wisconsin .............. Reconstruct interchange at State Highway 21

and I–94.

$2,500,000.00

1266. New York .............. Construct pedestrian walkway from 233rd

Street to the Bronx River Greenway and

commuter rail station. Bronx.

$1,000,000.00

1267. New York .............. Conduct studies, if necessary, and construct

the High Line Trail Project, New York

City.

$5,000,000.00

1268. New York .............. Develop Erie Canal Heritage Project in Port

Byron.

$2,000,000.00

1269. New York .............. Construct safety improvements for Route 12

intersection at Pamela Drive/River Rd./

Town of Chenango.

$1,050,000.00

1270. California ............... Construct truck lane on Keystone Road from

State Route 111 to Austin Road, Imperial

County.

$2,500,000.00

1271. New York .............. Congestion reduction, traffic flow improvement and intermodal transfer study at

Roosevelt Avenue/74th Street, Queens.

$640,000.00

1272. Ohio ....................... Widening from 2 lanes to 4 lanes between

Main St. and SR 43 in North Canton and

Plain Township.

$3,000,000.00

1273. Rhode Island ......... Construct 8 lane 1.5 mile segment of I–95

and I–195.

$2,000,000.00

1274. North Carolina ...... Monroe Bypass/project proposes to construct

a multilane freeway on new location from

the I–485 to the Monroe bypass.

$2,500,000.00

1275. New York .............. Improve Traffic Flow Improvement at Atlantic Yard/ NETS Arena Development.$3,000,000.00

1276. Pennsylvania ......... SR 1022 Ulster River Bridge, replace 14-

span bridge spanning Susquehanna.

$2,000,000.00

1277. New York .............. Funds an intermodal transportation facility

on Clarkson Avenue.

$1,000,000.00

1278. Illinois ................... Construct grade separation on 25th Avenue,

Melrose Park.

$750,000.00

1279. Massachusetts ....... Canalside Rail Trail. Construction of the

Canalside Rail Trail, Deerfield & Montague.

$1,900,000.00

1280. Oregon ................... Planning, design, right-of-way acquisition,

and construction of a bypass around the

cities of Newberg and Dundee, Yamhill

County.

$6,343,000.00

1281. South Carolina ...... Berlin G. Meyers Parkway Extension, Summerville.$8,000,000.00

1282. New York .............. Construct improvements in Sight Distance at

Road Grade and Trail Crossings in Oneida

and Herkimer County.

$550,000.00

1283. New Jersey ............ Construction of Rowan Boulevard from U.S.

Route 322 to Main Street, Glassboro.

$600,000.00

1284. New Jersey ............ The rebuilding of 3 deteriorated orphan

bridges in Trenton, NJ that cross over the

Northeast Corridor Line. The East State

Street Bridge, the Chestnut Avenue

Bridge, and the Monmouth Street Bridge.

$1,500,000.00

1285. Texas ..................... Develop Intelligent Transport System for the

City of San Antonio.

$3,200,000.00

1286. Louisiana ............... Upgrade highway-rail crossings at Madison

Street, City of Gretna.

$200,000.00

1287. Virginia ................. Improve Route 42 in Bridgewater .................. $500,000.00

1288. Arizona .................. Upgrade and re-open Main Street, Yuma ...... $1,200,000.00

1289. Tennessee .............. Replacing 1-lane underpass with 5-lane underpass and associated roadway realignments of Knob Creek, Mountainview, and

Claude Simmons Roads.

$500,000.00

1290. Michigan ................ widen, from 2 to 5 lanes, Romeo Plank Road

from M 59 to 23 Mile Road.

$10,000,000.00

1291. Ohio ....................... SR 44/overpass, interchange construction,

and road expansion in the City of Painesville.

$4,250,000.00

1292. Maryland ............... Alt. 40 Middletown Bypass ............................. $1,000,000.00
293

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1293. Alabama ................ East Bypass would provide direct access from

I–20 to Fort McClellan, AL.

$30,000,000.00

1294. Ohio ....................... Provide an interchange at Bixby Rd. and

Route 33, including construction of necessary service roads and removal of signal

at Route 33 and Ebright Road.

$4,250,000.00

1295. Michigan ................ Eliminate major roadway that passes between

Cleary and charter school building and

route a roadway with parking lots.

$500,000.00

1296. Florida ................... Construct SR 312 Extension/Bypass in St.

Johns County, FL.

$13,000,000.00

1297. California ............... Design and implement Intelligent Transportation Systems on Long Beach Boulevard,

Compton Boulevard, Wilmington Avenue,

Walnut Avenue including communication

interface with the Los Angeles County ITS

System.

$3,000,000.00

1298. Tennessee .............. Construct shoulder and turn lane on SR 35

in Seymour, TN.

$1,500,000.00

1299. Pennsylvania ......... Provide trail connects at the Hot Metal

Bridge to reduce the need for trail users to

use city streets.

$500,000.00

1300. Georgia .................. Bridge improvements on Cochran Road at

Deep Creek, Fulton County.

$560,000.00

1301. Alabama ................ Additional lanes would be added to U.S. 331

from Luverne to Montgomery.

$2,000,000.00

1302. California ............... Phase II of the Alameda Corridor East

Project, constructing grade separation

projects from E. Los Angeles to Pomona.

$300,000.00

1303. New Mexico ........... Develop Paseo del Volcan corridor located in

Sandoval County to connect I–40 and I–25.

$2,000,000.00

1304. Pennsylvania ......... Design, engineering, ROW acquisition and

construction of Phase II of the South Valley Parkway from Roberts Street in Newport Township to Mocanaqua, Luzerne

County.

$7,000,000.00

1305. Maryland ............... Dualization of MD 404 in Caroline ................ $17,600,000.00

1306. California ............... Widen State Route 98, including storm drain

improvements, from Kloke Road to State

Route 111, Calexico.

$3,000,000.00

1307. California ............... Provide landscape enhancement of an existing

open culvert on Atherton Street, Long

Beach.

$600,000.00

1308. Michigan ................ Baldwin St. extension to I–196 and new entrance and exit ramps on I–196.$3,000,000.00

1309. North Carolina ...... Pavement and bridge rehabilitation on I–85

from the Granville County line to U.S. 158.

$2,000,000.00

1310. Florida ................... West Virginia Corridor Expansion Project between I–95 to U.S. Highway 1 in St. Lucie

County.

$4,000,000.00

1311. Ohio ....................... Transportation infrastructure improvements

in Toledo.

$10,000,000.00

1312. New York .............. Pedestrian/Bike Path along Hudson River in

City of Beacon, NY.

$350,000.00

1313. Texas ..................... Rehabilitate Yale Street between IH 10 to IH

610.

$1,000,000.00

1314. North Carolina ...... Installation of ITS devices along the Winston-Salem Northern Beltway in Forsyth

County.

$4,000,000.00

1315. Washington ........... Cross Base Highway/a new highway from I–5

to SR 7 located between Fort Lewis and

McChord AFB.

$1,500,000.00

1316. Pennsylvania ......... Create a direct connection between State

Road Route 29 and State Route 113.

$3,000,000.00

1317. Tennessee .............. Improvements to bridge along SR 21 in Lake

County, from Log Mile 7.0 to Obion County Line.

$14,000,000.00

1318. Missouri ................. I–55/Weber Road Improvements, St. Louis

City and St. Louis County.

$5,000,000.00
294

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1319. Colorado ................ Construct arterial on W side of Montrose to

ease traffic congestion on SH 550 between

Grand Avenue, N/S of city.

$7,500,000.00

1320. Washington ........... SR 28/SR 285 George Sellar Bridge Approach Improvements, Wenatchee/East

Wenatchee.

$5,000,000.00

1321. Massachusetts ....... Highspeed catamaran ferry. Increase accessibility to inner-city public transit and 2

Federal parks, Quincy.

$2,000,000.00

1322. Ohio ....................... Ashtabula Harbor infrastructure improvements as part of the Revitalization Project

on SR 531 in Ashtabula County.

$1,000,000.00

1323. North Carolina ...... Right-of-way acquisition and construction for

segment of the 1–540 Loop from I–40 to

NC 55.

$11,000,000.00

1324. New York .............. Replace bridge carrying Route 55 over

Fishkill Creek and provide turn lanes in

Town of Beekman, NY.

$2,500,000.00

1325. Michigan ................ Design, right-of-way acquisition and improvements for the I–196/Chicago Drive

(Baldwin Street) Interchange modification.

$19,800,000.00

1326. Georgia .................. Upgrade sidewalks, parking, street lighting,

and landscaping, Claxton.

$500,000.00

1327. California ............... Alameda Corridor East Gateway to America

Trade Corridor Project, Highway-railgrade

seperation along 35-mile corridor from Alameda Corridor (Hobart Junction) to Los

Angeles/San Bernardino County line.

$15,500,000.00

1328. New York .............. Roadway and Pedestrian Improvements for

Times and Duffy Squares, New York City.

$4,200,000.00

1329. Arizona .................. Construct the Querino Bridge in Apache

County, Arizona, on the Navajo Nation.

$1,000,000.00

1330. California ............... FHWA Diesel Emissions Reduction program

for the Gateway Cities. Los Angeles County.

$1,250,000.00

1331. New York .............. Construct 4 lane expressway meeting Interstate standards from Pennsylvania to

Presho.

$2,000,000.00

1332. Florida ................... SW 24th Ave./SW 62nd Blvd., from Archer

Rd. west to SW 20th Ave., Gainesville.

$3,000,000.00

1333. Pennsylvania ......... Replace Lycoming Valley Railroad Bridge

near Montoursville Borough.

$2,000,000.00

1334. Texas ..................... Extend U.S. 90 6 main lanes from Hunting

Bayou to Wallisville.

$5,000,000.00

1335. Ohio ....................... SR 91 Road Safety project and overpass construction in the City of Twinsburg.$1,950,000.00

1336. Colorado ................ Reconstruct U.S. 36/McCaslin interchange .... $1,000,000.00

1337. Ohio ....................... Rehabilitation/replacement of rail grade separations along the West Central Ohio Port

Authority route in Champaign and Clark

Counties.

$250,000.00

1338. South Carolina ...... Carolina Bays Parkway (Phase II), Horry

County.

$5,000,000.00

1339. Michigan ................ Development and construction of new interchange at Marquette Avenue/U.S. 31.$5,000,000.00

1340. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of PS 114.

$250,000.00

1341. Tennessee .............. Construct interchange on I–40, Wilson County.$1,000,000.00

1342. Ohio ....................... Construct new interchange at Gracemont St.

and I–77 Interchange in Bethlehem Township.

$3,000,000.00

1343. New York .............. Design and construction of 20th Avenue from

Whitestone Expressway Service Road to

130th Street in Queens, New York.

$700,000.00

1344. Georgia .................. Streetscape (pedestrian safety enhancements,

sidewalks, curb replacement, restoration,

landscaping, ADA compliance, restoration),

Dawson.

$500,000.00
295

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1345. Indiana .................. Construct grade separated interchange at

Main Street with Canadian National Railroad in Mishawaka, IN.

$1,500,000.00

1346. California ............... Hollister SR 25 widening/4 lane freeway between San Felipe Road to the U.S. 101

separation, Gilroy.

$3,660,000.00

1347. Missouri ................. I–29/I–35 reconstruction of Kansas City

Downtown/Paseo Bridge.

$2,000,000.00

1348. California ............... Develop bicycle paths and pedestrian access

to Third Avenue, Chula Vista.

$300,000.00

1349. Georgia .................. Upgrade Old Petersburg/Old Evans Rd ......... $6,000,000.00

1350. Washington ........... New County Road, Whidbey Island ................ $900,000.00

1351. New York .............. Highway/Railway crossing improvements in

the Town of Clarkstown and villages of

Haverstraw and West Haverstraw.

$1,600,000.00

1352. California ............... Improvements for Folsom Boulevard between

Rod Beaudry Drive and Sunrise Boulevard.

$8,000,000.00

1353. California ............... Improvements (including arterial street rehabilitation) to enhance traffic and pedestrian

safety in the Van Nuys community, Los

Angeles.

$750,000.00

1354. Texas ..................... Construct highway/railroad grade separation

at Calton Road in Laredo, TX.

$2,200,000.00

1355. Michigan ................ Reconstruct highway under a railroad bridge,

Wyoming Ave. from Eagle Pass to Michigan Avenue, Wayne County.

$1,000,000.00

1356. Michigan ................ Resurfacing of Masonic Boulevard, Fraser .... $1,160,000.00

1357. New York .............. Access and Safety improvements to Route

208 in Orange County, NY.

$1,500,000.00

1358. Pennsylvania ......... The project will provide for the reconstruction

of U.S. 30 from PA 10 to Business U.S.

30 including the travel lanes, shoulders and

egress and exist ramps.

$5,000,000.00

1359. Texas ..................... Integrate and deploy rural ITS components

of the Texas Hurricane Evacuation Information System.

$4,000,000.00

1360. New York .............. Streetscape improvements to Sunrise Highway between Guy Lombardo Avenue and

Henry Street, Freeport.

$500,000.00

1361. California ............... Interchange expansion at I–10 and Indian

Canyon Drive, City of Palm Springs.

$1,000,000.00

1362. Michigan ................ Reconstruction and surfacing of Valley Road

from M 33 west to Mapes Road, Oscoda

County.

$960,000.00

1363. Connecticut ........... Construct bike/pedestrian path, Shelton ......... $1,000,000.00

1364. New York .............. Rehabilitation of Frank Street in the Village

of Lindenhurst.

$775,000.00

1365. Illinois ................... Sullivan Rd. Approaches (Aurora): Construction of highway approaches to Sullivan Rd.

Bridge.

$1,600,000.00

1366. Virginia ................. Widen U.S. 15/29 in Culpeper ....................... $2,000,000.00

1367. Virginia ................. Jamestown 2007/to provide transportation infrastructure for visitors to Jamestown Island.$500,000.00

1368. California ............... Construct 4-lane connector between I–40 and

Arizona Route 95 in Needles.

$2,000,000.00

1369. Oregon ................... Construct passing lanes on U.S. 199, Josephine County.$900,000.00

1370. Louisiana ............... Upgrade I–49 .................................................. $1,700,000.00

1371. Minnesota .............. Construct a pedestrian/bicycle/ATV/snowmobile bridge across TH 169, Onamia.$1,097,600.00

1372. Colorado ................ Wadsworth Blvd. and Bowles Ave. Intersection Improvements: Ramp, and interchange

improvements, lane improvements on

Wadsworth from Coal Mine Ave. to W.

Cross Dr.

$2,000,000.00

1373. Illinois ................... Improve access roads related to Racehorse

Business Park, Alorton.

$200,000.00
296

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1374. Texas ..................... For completion of I–35 bypass project/northern 48 miles of SH 130, from Georgetown,

TX to U.S. 183.

$7,000,000.00

1375. Minnesota .............. Polk, Pennington, Marshall County 10-ton

Corridor in Northwestern Minnesota.

$5,600,000.00

1376. New York .............. Construct Route 15/86 Interchange Phases I,

II, and III.

$3,000,000.00

1377. Mississippi ............. Star Landing Road/new east-west connector

from I–55 in Desoto County.

$2,000,000.00

1378. Georgia .................. Replace sidewalks, meet ADA guidelines, and

install a crosswalk, McRae.

$800,000.00

1379. Georgia .................. Construct sidewalks between Marion Middle

School, City Park, and Community Center,

Buena Vista.

$500,000.00

1380. Ohio ....................... Pedestrian Walkway Safety Improvements

and Road Paving in Lakeline Village.

$289,000.00

1381. Florida ................... Reconstruction of Hanford Boulevard, North

Miami Beach.

$2,750,000.00

1382. Illinois ................... Undertake improvements within West End

Business District, LaGrange.

$3,200,000.00

1383. Arkansas ............... Repair Bowen Bridge on Highway 301, Pike

County.

$24,000.00

1384. New Jersey ............ Road widening, new shoulder construction,

drainage improvements and intersection

upgrades in Burlington County.

$6,850,000.00

1385. Florida ................... Upgrading of SR 50 in Orange County, FL .. $2,000,000.00

1386. South Carolina ...... Construction of East Washington Connector $1,000,000.00

1387. Texas ..................... Dyess AFB Access Project ............................. $8,500,000.00

1388. California ............... Upgrade Olympic Blvd. between Vermont

Ave. and Western Ave. to improve pedestrian safety and reduce congestion, Los

Angeles.

$2,000,000.00

1389. Virginia ................. New, regional access improvement at I–64

and City Line Road, Virginia Beach and

Chesapeake.

$2,500,000.00

1390. Georgia .................. Construct Chase St. Elementary to Botanical

Gardens bike/pedestrian trail.

$500,000.00

1391. Illinois ................... This project consists of resurfacing and restriping of Euclid Avenue between Walnut

Avenue and Douglas Avenue in Arlington

Heights, Illinois. It also includes curb and

gutter repair as well as pavement base repair.

$350,000.00

1392. Connecticut ........... Construct Putnam ADA-compliant Curb Cut $50,000.00

1393. Georgia .................. Northlake Streetscape in DeKalb ................... $1,000,000.00

1394. California ............... I–880 Federal highway safety improvements,

High Street to I–980, Oakland.

$2,500,000.00

1395. Louisiana ............... Reconstruct I–49/U.S. 190 interchange,

Opelousas.

$500,000.00

1396. Michigan ................ the Port Huron, MI Highway-Rail Grade

Crossing Separation Project.

$1,000,000.00

1397. Colorado ................ Reconstruct U.S. 36/U.S. 287 interchange .... $2,000,000.00

1398. Georgia .................. 2.5 mile East Hiram Parkway Project: To

complete by-pass around the City of Hiram.

$5,000,000.00

1399. Washington ........... Widening SR 527 from 2 lanes to 5 from

Bothell to Mill Creek.

$1,500,000.00

1400. New York .............. Rehabilitation of North and South Delaware

Avenue in the Village of Lindenhurst.

$875,000.00

1401. Texas ..................... Improve SH 199 at intersection of White Settlement Rd., Ft. Worth.$8,000,000.00

1402. Missouri ................. Upgrade U.S. Highway 36 to 4 lanes between

Macon and Hannibal, Missouri.

$3,000,000.00

1403. Arkansas ............... Improve Colin Ray Blvd., De Queen .............. $500,000.00

1404. Illinois ................... Extend Remington Blvd. from Veterans

Parkway to Weber Road in Bolingbrook,

IL.

$500,000.00

1405. New Hampshire .... Design and construction of the project to repaint the bridge on Main Street in Enfield,

NH.

$140,000.00
297

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1406. Mississippi ............. East Metro Corridor: Four-lane corridor linking I–20 at Brandon to U.S. Highway 25

at Flowood/part of I–20/U.S. Highway 25/

Jackson International Airport network.

$1,500,000.00

1407. South Carolina ...... Cox Road Bridge in Anderson County ........... $405,000.00

1408. Michigan ................ repave Sebewaing Road from State Highway

M 25 to Caseville Road.

$500,000.00

1409. Virginia ................. Interchange Improvements along I–264 in

Virginia Beach.

$9,500,000.00

1410. Indiana .................. Construction of Parkway around the west

side of Shelbyville from SR 9 on the South

to SR 9 on the North.

$914,000.00

1411. California ............... Constructs a Highway and Railroad grade

separation at North Milliken Avenue, Ontario.

$3,000,000.00

1412. Georgia .................. Streetscape (pedestrian safety enhancements,

sidewalks, curb replacement, restoration,

landscaping, ADA compliance, restoration),

Richland.

$500,000.00

1413. New York .............. Planning and coordination studies for the

Tappan Zee Bridge/I–287 corridor, Rockland/Westchester County.

$1,000,000.00

1414. California ............... Construction of HOV lanes on I–5 from

Vandegrift Blvd. to La Jolla Village Drive.

$1,000,000.00

1415. North Carolina ...... Add 6.5 miles to the City of Greeneville’s

greenway system by constructing 3 additional sections.

$2,015,000.00

1416. California ............... Construct left turn lane to ease congestion at

I–10 into Rosemead Boulevard and Telstar

Avenue, El Monte.

$1,250,000.00

1417. Ohio ....................... Planning and Construction of network of recreational trails in Perry Township.$650,000.00

1418. Kansas ................... Construct highway rail grade separation from

Douglas Ave. to 17th Street North in

Wichita, KS.

$7,000,000.00

1419. Texas ..................... Widen I–35 between SH 81 and FM 286

South of Hillsboro.

$3,000,000.00

1420. New York .............. Establish an identity and signage program

for the Erie Canalway National Heritage

Corridor.

$1,000,000.00

1421. Illinois ................... Construct pedestrian walkways in Columbus

Park, Chicago.

$750,000.00

1422. Texas ..................... Construction of frontage road between the

Harris County Line and FM 518.

$2,700,000.00

1423. Minnesota .............. Construct an overpass interchange for I–494

and Highway 169, MN.

$5,000,000.00

1424. Maryland ............... Dualization of U.S. 113 in Worcester ............ $13,200,000.00

1425. New York .............. Preliminary design and environmental impact

study for a collector-distributor road along

I–95 from Westchester Ave. to Bartow Ave.

$7,110,000.00

1426. Oklahoma .............. Construct U.S. 69 and Hereford Lane Interchange, McAlester.$8,000,000.00

1427. Massachusetts ....... Reconstruction of Pleasant Street to enhance

vehicular safety and capacity, Watertown.

$2,000,000.00

1428. New Jersey ............ Safety and operations improvements on

Route 73, Berlin/Voorhees/Evesham.

$1,200,000.00

1429. California ............... Repair and replace tunnel lining on Kanan,

Kanan Dume, and Malibu Canyon Roads,

Los Angeles County.

$3,000,000.00

1430. Arkansas ............... Downtown Dickson Street Enhancement/

Block Avenue and Downtown Square.

$1,750,000.00

1431. Arkansas ............... Improvements to Clear Creek Bridge and surrounding infrastructure in Washington

County on CR31.

$1,000,000.00

1432. Georgia .................. Streetscape (pedestrian safety enhancements,

curb replacement, sidewalks, restoration

landscaping, ADA compliance), Ashburn.

$400,000.00

1433. Mississippi ............. Upgrade Blue Cane Road in Tallahatchie

County, and roads in Webb and Tutwiler.

$1,000,000.00
298

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1434. Pennsylvania ......... SR 3027 Bridge, replace posted 2 span steel

I-beam bridge with 1 span concrete box

beam bridge in Jessup Township, Susquehanna County.

$1,000,000.00

1435. Mississippi ............. Upgrade roads at Tougaloo College ................ $1,000,000.00

1436. Minnesota .............. Construct roadway improvements on the

Great River Road on CSAH 10 and CSAH

21, Aitken County.

$6,324,000.00

1437. Mississippi ............. State Route 590 extension, Ellisville .............. $4,000,000.00

1438. Iowa ....................... Construct 4-lane expressway on U.S. Highway 60 through Plymouth, Sioux, O’Brien,

and Osceola Counties, Iowa.

$500,000.00

1439. Utah ...................... SR 92 from I–15 to SR 74, Utah County ..... $5,500,000.00

1440. Arizona .................. Construction of structure for U.S. 60 at 59th

Avenue and Glendale in City of Glendale.

$1,000,000.00

1441. Mississippi ............. U.S. Highway 90 and State Highways 43 and

603 Gateways Enhancement Project, Hancock County.

$250,000.00

1442. New Mexico ........... Construct Sunland Park Road in Sunland

Park.

$5,000,000.00

1443. Minnesota .............. Bruce Vento Nature Sanctuary Trail Project,

St. Paul.

$2,000,000.00

1444. New York .............. Improvements to Mearns Ave. and Fostoria

St. in Village of Highland Falls, NY.

$200,000.00

1445. Arkansas ............... Highway 71, Louisiana State line to Junction

City.

$500,000.00

1446. Texas ..................... Coverage of the State with the ITS systems

through compatibility, interoperability, and

uniformity of the entire statewide system.

$5,000,000.00

1447. Minnesota .............. Construct Two Harbors High School Trail

connecting Two Harbors High School to

Two Harbors City.

$891,600.00

1448. Michigan ................ Design, right-of-way acquisition, engineering

work for U.S. 31 bypass.

$7,000,000.00

1449. Indiana .................. Added travel lanes on Gordon Road, Sixth

Street, and West Shafer Drive in Monticello, IN.

$14,000,000.00

1450. Indiana .................. Upgrade roads, Fowler ................................... $100,000.00

1451. New Jersey ............ Reconstruct Route 168 from Route 41 to

Sixth Avenue, Runnemede.

$658,000.00

1452. New York .............. Install Two Permanent Variable Message

Signs (VMS) on Belt Parkway.

$500,000.00

1453. Arkansas ............... Improvement of Jennie Road, Chicot County $288,000.00

1454. Georgia .................. Construct sidewalks and install landscaping,

Vienna.

$500,000.00

1455. Texas ..................... FM 2499, Section 4, from Highland Village

to Corinth.

$1,000,000.00

1456. Virginia ................. Route 104/Dominion Boulevard corridor connects I–464 and I–64 to Route 17/George

Washington Highway. Widening of the existing 2-lane section to 4 lanes with a new

bridge over the Southern Branch of the

Elizabeth River.

$6,500,000.00

1457. Mississippi ............. Old Richton Road and State Highway 42

connector, Petal.

$1,500,000.00

1458. Oklahoma .............. Widen U.S. 281 from the New U.S. 281 Spur

North to Geary, Canadian County.

$5,700,000.00

1459. Illinois ................... Improve Mill Street, Rock Island ................... $500,000.00

1460. New Jersey ............ Interchange improvements and bridge replacements, Route 46, Passaic County.$12,000,000.00

1461. New Jersey ............ Project involves bridge replacement and State

Route 31 widening add left turn lanes and

shoulders in Glen Gardner/Hampton,

Hunterdon County.

$1,000,000.00

1462. Connecticut ........... Conduct study of multimodal cargo capacity

on Waterfront Street, New Haven.

$1,000,000.00

1463. California ............... Install a traffic signal and ramps at I–10 and

Walnut Grove Avenue to reduce congestion,

Rosemead.

$85,000.00
299

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1464. California ............... Citywide traffic signal upgrades requiring the

installation of hardware and software at 9

major intersections, Palo Alto.

$500,000.00

1465. California ............... Widen State Route 98 from Route 111 to

State Route 7, Calexico.

$5,000,000.00

1466. Pennsylvania ......... Extension of River Road in Reading Pennsylvania in order to provide access to major

industrial and brownfields sites.

$1,500,000.00

1467. Louisiana ............... LA 16 Interchange at I–12 and improvements, and Cook Road.$13,000,000.00

1468. California ............... Construct truck ramp linking I–5 to the National City Marine Cargo Terminal, National City.$1,500,000.00

1469. New York .............. Implement ITS system and apparatus to enhance citywide truck route system at 9th

Street and 3rd Avenue intersection in

Kings County.

$100,000.00

1470. Iowa ....................... Construction of Outer Drive from Floyd Boulevard to Business Highway 75 in Sioux

City, IA.

$1,000,000.00

1471. Vermont ................. Road improvements for the City of Rutland

along U.S. Route 7 and U.S. Route 4.

$3,560,000.00

1472. Pennsylvania ......... Mitigation of water pollution due to Highway

runoff on SR 28 as allowed by 23 U.S.C.

133(b)(14) and 23 U.S.C. 133(b)(8).

$1,000,000.00

1473. Virginia ................. Glen Alton/design and construction of recreation trails, access and visitor information

center.

$1,600,000.00

1474. Tennessee .............. Develop trails, bike paths and recreational facilities on Bird Mountain, Morgan County

for Cumberland Trail State Park.

$250,000.00

1475. Illinois ................... Construct pedestrian underpass at East 57th

Place, Chicago.

$700,000.00

1476. New York .............. Construction of and improvements to Michigan Avenue in Buffalo.$1,000,000.00

1477. New York .............. Enhance Battery Park Bikeway Perimeter,

New York City.

$2,000,000.00

1478. Texas ..................... Construct and rehabilitate pedestrian walkways along the Main Street Corridor to improve transit-related accessibility.$1,000,000.00

1479. Kansas ................... Upgrade U.S. 69/135th Street interchange,

City of Overland Park.

$2,000,000.00

1480. Wisconsin .............. Reconstruct U.S. Highway 141 in Marinette

County, WI.

$2,000,000.00

1481. Florida ................... Beautify SR A1A in Ormond Beach, Daytona

Beach and Daytona Beach Shores, Florida.

$1,000,000.00

1482. New York .............. Enhance road and transportation facilities in

the vicinity of W. 65th St. and Broadway,

New York City.

$5,000,000.00

1483. Arizona .................. Construct parallel roadway to create divided

roadway for U.S. 93, south of I–40 near

Kingman.

$2,000,000.00

1484. Missouri ................. Upgrade U.S. Highway 61 to 4 lanes between

Wayland and Canton, MO.

$8,000,000.00

1485. Arkansas ............... Construction of Prescott Overpass, Prescott .. $2,400,000.00

1486. Texas ..................... Environmental, schematics and right-of-way

acquisition for Hidalgo County Loop, Hidalgo County.

$1,000,000.00

1487. Nebraska ............... Construction of 2 Missouri River bridges and

their approach roadways.

$6,500,000.00

1488. New York .............. Cedar Swamp Rd. improvements in Town of

Goshen, NY.

$800,000.00

1489. North Carolina ...... Northwest Corridor/Western Boulevard in

Jacksonville, NC: Construct a 4-mile, 4-

lane divided facility including a 400-foot

concrete bridge.

$1,000,000.00

1490. Tennessee .............. Widen Campbell Station Road in Knoxville,

TN.

$1,800,000.00
300

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1491. North Carolina ...... Transportation improvements for the Piedmont Triad Research Park (Idealliance) in

Winston-Salem (Forsyth County).

$3,400,000.00

1492. Maryland ............... Safety and operations improvements at Martin Luther King Blvd. and W. Baltimore

St., Baltimore.

$1,700,000.00

1493. Tennessee .............. Retrofit noise abatement walls, Davidson

County.

$2,500,000.00

1494. Virginia ................. Improve N. Main Street Bridge in Lexington $1,000,000.00

1495. New York .............. Mill St. enhancements, realignments and culvert replacement in Putnam County, NY.$2,000,000.00

1496. California ............... Construct 9 rail-highway grade separations

along Alameda Corridor East through the

cities of Fullerton, Placentia, and Anaheim.

$14,000,000.00

1497. Maryland ............... Rehabilitate 5 bridges carrying streets over

CSX Railroad, Baltimore.

$10,000,000.00

1498. New York .............. Implement Improvements for Pedestrian

Safety in Queens County.

$1,000,000.00

1499. California ............... 405 Freeway Widening ................................... $6,700,000.00

1500. New York .............. Highway Construction I–90 Exit 8 Connector

Phase II.

$3,900,000.00

1501. Tennessee .............. North Second Street Corridor Upgrade to

provide alternate route around St. Jude’s

medical center to downtown, Memphis.

$4,000,000.00

1502. Illinois ................... Reconstruction of Quentin Road from existing

2 lanes to 4 lanes with median from Dundee Road to Lake Cook Road.

$5,160,000.00

1503. Tennessee .............. Widen U.S. 321, Construct new bridge across

the Tennessee River in Loudon County.

$7,500,000.00

1504. Colorado ................ Improvements on U.S. 36 corridor from I–25

to Boulder. Improvements include interchange and overpass rebuilding.

$3,000,000.00

1505. California ............... San Gabriel Boulevard Highway widening

and intersection improvement project, the

City of San Gabriel.

$1,000,000.00

1506. Georgia .................. Replace sidewalks, upgrade lighting, and install landscaping, Helena.$500,000.00

1507. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of street improvements and

safety enhancements, Borough of

Edwardsville in Luzerne County.

$250,000.00

1508. Connecticut ........... Upgrade Plainfield Moosup Pond Road ......... $300,000.00

1509. Illinois ................... Improve North Illinois (Illinois 159) and related roads, Belleville.$6,937,000.00

1510. Pennsylvania ......... Design and construct improvements to mitigate traffic congestion that currently exists

on the west side of the Ben Franklin

Bridge.

$4,000,000.00

1511. Illinois ................... Construct bike path, parking facility, and related transportation enhancement projects,

North Riverside.

$2,750,000.00

1512. South Carolina ...... Construction of West Georgia Road in Greenville County.$9,000,000.00

1513. Massachusetts ....... Route 128/95 off ramp-Northbound to

Kendrick Street, Needham.

$2,000,000.00

1514. New York .............. Traffic control mitigation for Jericho Turnpike between Hillside Blvd. and New Hyde

Park Road, New Hyde Park.

$1,000,000.00

1515. Maine ..................... Improvements to the Interconnecting Trail

System for bike/pedestrian trails near Baxter State Park.

$500,000.00

1516. California ............... Construction of HOV and BRT lanes on I–15

from SR 78 to SR 163.

$2,000,000.00

1517. Missouri ................. Widening, curb, and gutter improvements as

part of larger Highway 33 development

project.

$3,000,000.00

1518. Minnesota .............. Reconstruct CSAH 91 from the D.M. and

I.R. Railroad crossing at 8th Street in Duluth to CSAH 56, St. Louis County.

$5,000,000.00
301

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1519. South Carolina ...... U.S. Highway 123/the SCDOT would construct deceleration and turning lanes to improve safety in Pickens County, SC.$2,000,000.00

1520. New Jersey ............ Rehabilitation of Hillery Street Bridge connecting Totowa and West Paterson.$2,500,000.00

1521. American Samoa ... Upgrade, repair and continue construction of

Tau ferry terminal facility on island of

Manua.

$1,600,000.00

1522. Louisiana ............... Pointe Clair Expressway in Iberville Parish ... $3,000,000.00

1523. Pennsylvania ......... Construct Southern Beltway (PA 60 to U.S.

22) of the Mon Fayette Expressway.

$4,000,000.00

1524. Illinois ................... Construct intermodal facility, Cook County ... $450,000.00

1525. Georgia .................. Renovate Wilcox County Arts Complex, renovate Train Caboose as a Welcome Center,

and construct pedestrian trail, Abbeville.

$500,000.00

1526. Tennessee .............. Add third lane on U.S. 27/SR 29 for truck

climbing lane and realignment of roadway

at Wolf Creek Road to Old U.S. 27 North

of Robbins.

$6,000,000.00

1527. California ............... Reconstruct Intersection at Highways 152

and 156, Santa Clara County.

$7,000,000.00

1528. Ohio ....................... City of Fostoria/Seneca County loop road

along Route 23.

$7,700,000.00

1529. Mississippi ............. U.S. Highway 98 access improvement at I–

59, Lamar County.

$5,000,000.00

1530. California ............... Design and environmental analysis for State

Route 11 connecting State Route 905 to

the new East Otay Mesa Port of Entry,

San Diego.

$1,000,000.00

1531. Michigan ................ Resurfacing of Nine Mile Road, Eastpointe ... $1,040,000.00

1532. New York .............. Improve Tissle Road/Old Kings Highway

intersection, Saugerties.

$500,000.00

1533. California ............... Upgrade existing County Highway J 59 in

Tuolumne, Stanislaus and Merced Counties.

$2,000,000.00

1534. North Carolina ...... Acquire, design and renovate historic rail station into a multimodal center in downtown

Winston Salem.

$4,000,000.00

1535. California ............... Construct Marin-Sonoma Narrows bicycle

and pedestrian walkway.

$500,000.00

1536. Oklahoma .............. I–40 Crosstown Expressway realignment

project from I–44 to I–35 in Oklahoma

City, OK.

$34,000,000.00

1537. Colorado ................ C 470 and Highway 85 Interchange Reconstruction: Replace interchange ramps,

bridge widening, lane improvements.

$6,000,000.00

1538. Tennessee .............. Improve heavy vehicle access to I–55 from

proposed Super Terminal distribution center along Mallory Avenue, Shelby County.

$3,000,000.00

1539. Idaho ..................... To construct a bypass corridor around the

City of Twin Falls for U.S. 93.

$4,500,000.00

1540. Illinois ................... Undertake Dempster St. Commercial corridor

improvements project, Morton Grove.

$250,000.00

1541. Ohio ....................... Improvements to 4 intersections at Lake Center St. North through Route 619 in Lake

Township.

$2,200,000.00

1542. Minnesota .............. Design, engineering, and ROW for the

French Rapids Bridge, City of Brainerd.

$800,000.00

1543. Ohio ....................... Acquire land along U.S. 24, Lucas County .... $1,000,000.00

1544. California ............... Conduct a Project Study Report for new

Highway 99 interchange between SR 165

and Bradbury Road, serving Turlock/

Hilmar region.

$500,000.00

1545. New York .............. Construct parking spaces in Elmira, NY, on

North Main Street.

$500,000.00

1546. Indiana .................. Reconstruct 45th Avenue from Colfax Street

to Grant Street, Lake County.

$2,700,000.00

1547. Michigan ................ Rebuilding Jackson Road with experimental

materials.

$5,000,000.00

1548. Florida ................... Expansion from 2 to 4 lanes with grassed

median, from I–10 to U.S. 90.

$10,000,000.00
302

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1549. North Carolina ...... The reconstruction of U.S. Highway 19 from

Cherokee County, NC to Maggie Valley,

NC.

$7,300,000.00

1550. New York .............. Continuation of the public awareness program about transportation infrastructure,

Lower Manhattan.

$600,000.00

1551. Kentucky ............... Rehabilitate I–75 Brent Spence Bridge ......... $7,000,000.00

1552. California ............... Widen Washington Blvd., Commerce ............. $3,000,000.00

1553. Pennsylvania ......... Route 422 improvement project from

Ebensburg to Indiana, PA.

$1,500,000.00

1554. Texas ..................... Completion of JBS Parkway by connecting

IH 20, the 2 segments of JBS Parkway

across the railroad right-of-way and BI20.

$5,000,000.00

1555. Oregon ................... North Bend Waterfront District Bike/Pedestrian project.$600,000.00

1556. Ohio ....................... SR 82 bridge construction in Macedonia City $3,000,000.00

1557. Michigan ................ Reconstruction of County Road 612 from W.

County Line to County Road 491,

Montmorency County.

$800,000.00

1558. Ohio ....................... Construct grade separation at State Route

252, Cuyahoga County.

$460,000.00

1559. New York .............. Replace bridge over Mud Pond Outlet on

Spring Lake Road.

$400,000.00

1560. Illinois ................... Upgrade connector road from I–255 to Route

3, Sauget.

$2,400,000.00

1561. New Jersey ............ Installation of automatic track switch, Port

Reading/Woodbridge.

$800,000.00

1562. Georgia .................. Streetscape (pedestrian safety enhancements,

sidewalks, curb replacement, restoration,

landscaping, ADA compliance, restoration),

Albany.

$1,000,000.00

1563. Wisconsin .............. Reconstruct and rebuild bridge over St. Croix

River from Houlton, WI to Stillwater, MN.

$6,000,000.00

1564. Washington ........... Replace existing seismically vulnerable viaduct and adjacent seawall, Seattle.$12,000,000.00

1565. Illinois ................... Expedite engineering studies, land acquisition, and construction to widen I–55 between I–80 and Naperville Road.$3,500,000.00

1566. Oregon ................... Gateway Urban Renewal District Development Plan for reconstruction and/or new

construction of local multi-modal street

projects.

$7,800,000.00

1567. Mississippi ............. Upgrade roads in Anguilla and Rolling Fork,

Sharkey County.

$1,000,000.00

1568. Georgia .................. Streetscape (pedestrian safety enhancements,

curb replacement, landscaping, ADA compliance), Cordele.

$500,000.00

1569. California ............... Colima Road/Fullerton Road intersection improvements in the City of Rowland Heights.$1,000,000.00

1570. Arizona .................. Replace Veterans’ Memorial Overpass and

upgrade it’s associated roadway approaches, Pima County.

$2,000,000.00

1571. Illinois ................... Upgrade roads, Plainfield ............................... $500,000.00

1572. New York .............. Rehabilitation of Route 100 from Virginia

Road to Westchester Community College.

$1,100,000.00

1573. New Mexico ........... Widen the U.S. 491 (formerly U.S. 666) corridor from Gallup north to Shiprock.$2,000,000.00

1574. California ............... Reconstruct I–710 southern terminus off

ramps, Long Beach.

$1,000,000.00

1575. New Hampshire .... Design, right-of-way procurement, and construction from intersection NH 110 and

1st Avenue to Wight Street in Berlin, NH.

$2,860,000.00

1576. New Jersey ............ Improvements to Clove Road and Long Hill

Road in Little Falls and Upper Mountain

Ave. in Montclair.

$2,650,000.00

1577. Texas ..................... Port of Corpus Christi Joe Fulton International Trade Corridor for congestion and

safety enhancements.

$1,000,000.00

1578. New York .............. Rehabilitate 125th Street Corridor from Old

Broadway to Marginal Street/Waterfront.

$2,000,000.00
303

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1579. Florida ................... Dinky Line Trail from SR 527 to South Lake

Formosa Drive in Orlando, FL.

$500,000.00

1580. Texas ..................... Relief route for U.S. 271 from U.S. 67 to

FM 3417 around the west side of Mount

Pleasant in Titus County.

$2,000,000.00

1581. Texas ..................... Reconstruct the I–35E Bridge over the Trinity River in Dallas, TX.$1,000,000.00

1582. Pennsylvania ......... Independence National Historic Park transportation enhancements: Pedestrian facilities, and safety improvements, including

landscaping.

$4,500,000.00

1583. California ............... Design and Implement Trails and Bikeways

Plan for the Golden Gate National Recreation Area and Presidio.

$5,000,000.00

1584. Illinois ................... Upgrade roads in the vicinity of Henry

Horner Homes, Chicago.

$1,000,000.00

1585. New York .............. Construct Lower Falls Pedestrian Bridge and

Approaches, Rochester.

$1,000,000.00

1586. Pennsylvania ......... Replace a highway railcrossing in Osborne,

PA.

$2,000,000.00

1587. Oklahoma .............. Reconstruct U.S. 412P East to I–44 from regional port.$7,250,000.00

1588. Arkansas ............... Improvements to Bridge No. 19032 in Sulphur Springs.$50,000.00

1589. New York .............. Road improvements for Surrey Meadows,

Sugarloaf Heights, Lakehill Farms and

Walton Lake Estates in Town of Chester,

NY.

$729,000.00

1590. California ............... Construct Inland Empire Transportation

Management Center to better regulate traffic and dispatch personnel to incidents,

Fontana.

$1,500,000.00

1591. American Samoa ... Village road improvements for Sua Vaifanua,

and Saole counties in the Eastern District.

$2,000,000.00

1592. Minnesota .............. Reconstruction of CSAH 7 from Itasca County Road 341 to Scenic State Park entrance, Itasca County.$2,800,000.00

1593. Washington ........... Renton 405/167/rebuild the SR 167 and I–

405 interchange and add additional lanes

to relieve congestion.

$2,000,000.00

1594. Michigan ................ Convert existing interchange at Cedar Street

and Pennsylvania Avenue off I–96.

$1,900,000.00

1595. Connecticut ........... Construct Salem Greenway ............................. $100,000.00

1596. New York .............. Pedestrian walkway improvements along Sunrise Highway, Lynbrook.$500,000.00

1597. New York .............. Roadway improvements to Jackson Avenue

between Jericho Turnpike and Teibrook

Avenue, Nassau County.

$2,000,000.00

1598. Iowa ....................... Reconstruct 14.3 miles of I–235 mainline

roadway through Des Moines metro area.

$8,000,000.00

1599. Florida ................... Church Street Road Improvements, Orlando $13,000,000.00

1600. Ohio ....................... Bridge rehabilitation crossing the Tuscarawas

River in the City of Massillon.

$335,600.00

1601. Michigan ................ Nonmotorized Pathway, City of Rockwood .... $426,000.00

1602. Virginia ................. Highway Connector Road to Marine Terminal

Site, Portsmouth.

$2,000,000.00

1603. Florida ................... Upgrade I–75 from 6 to 8 lanes between SR

54 and SR 52 in Pasco.

$3,000,000.00

1604. Arkansas ............... Widening of Highway 118 to 4 lanes from I–

40 interchange North.

$3,000,000.00

1605. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Loudon,

TN.

$57,000.00

1606. Michigan ................ I–94 Widening Bt. 12th St./Sprinkle Rd ....... $14,000,000.00

1607. Texas ..................... This project will continue the development

and integration of statewide ITS systems.

$2,500,000.00
304

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1608. Mississippi ............. Upgrade roads in Terry (U.S. Highway 51

and I–55), Edwards (U.S. Highway 80, 22,

and I–20), Utica (U.S. Highway 18 and

27), and Bolton (U.S. Highway 80 and I–

20), Hinds County.

$1,366,000.00

1609. Connecticut ........... Construct Farmington Canal Greenway, New

Haven.

$2,000,000.00

1610. Michigan ................ Menominee County Road 557 Bridge Replacement over the Little Cedar River.$280,000.00

1611. California ............... Improvements (including arterial street rehabilitation) to enhance traffic and pedestrian

safety in Northridge, Granada Hills, and

Porter Ranch, Los Angeles.

$3,750,000.00

1612. Michigan ................ Carpenter Road/700 feet South of Textile

Road to I–94, Washtenaw County.

$2,000,000.00

1613. Maryland ............... MD 30 Hampstead Bypass ............................. $1,000,000.00

1614. Massachusetts ....... Relocation of Route 79, creating 4-lane urban

boulevard with landscaped median, opening

up 8.5 acres of developable waterfront

land, Fall River.

$5,000,000.00

1615. Arkansas ............... Upgrade Pedee Creek Bridge and approaches,

Logan County.

$240,000.00

1616. New York .............. Utica Marsh-Restablish Water Street. Entails

various road openings and improvements.

$2,650,000.00

1617. Wisconsin .............. Widen State Highway 64 between Houlton

and New Richmond.

$4,500,000.00

1618. Illinois ................... Veterans Drive upgrades in Pekin .................. $800,000.00

1619. Ohio ....................... Construct the existing IR 70 interchange at

U.S. 40, SR 331 west of St. Clairsville.

$12,000,000.00

1620. California ............... Install signal pre-emption hardware at 53

traffic signals throughout Culver City to

improve bus and first responder travel

times.

$108,000.00

1621. Arizona .................. Construct 73 miles of wheelchair accessible

trails on the north and south rims of the

Grand Canyon.

$4,500,000.00

1622. Louisiana ............... Conduct multimodal corridor study from

Louis Armstrong New Orleans International Airport to New Orleans Central

Business District.

$2,500,000.00

1623. Tennessee .............. Construction of greenway in Knoxville ........... $2,000,000.00

1624. Virginia ................. Ceres Recreation Trail and Center/design and

construct pedestrian/bicycle recreation trail

in the community of Ceres and establish

trail center.

$250,000.00

1625. Alabama ................ Interchange at I–65 and Limestone County

24/Browns Ferry Road, Tanner.

$1,000,000.00

1626. Illinois ................... Construct access road to Southern Illinois

University’s Research Park from Highway

51.

$1,636,000.00

1627. Illinois ................... Construct I–80/Ridgeland Avenue interchange, Tinley Park.$700,000.00

1628. New York .............. Reconstructs Empire Boulevard from

Nostrand Avenue to Utica Avenue.

$4,000,000.00

1629. Pennsylvania ......... Construct Southern Beltway (U.S. 22 to Mon

Fayette Expressway).

$4,000,000.00

1630. Texas ..................... Provide an intermodal roadway connection

from SH87 to the Port of Port Arthur.

$1,500,000.00

1631. Indiana .................. New road construction for McClung Road

from State Road 39 to Park Street in

LaPorte, IN.

$1,000,000.00

1632. New Jersey ............ Replacement of Sparta Stanhope Road

Bridge.

$1,000,000.00

1633. Arkansas ............... Development of infrastructure road to Russellville’s intermodal facilities.$2,000,000.00

1634. Ohio ....................... Eastgate Area improvements for Interchange

Improvements at Route 32 and I–275 in

Clermont County.

$4,100,000.00

1635. Texas ..................... Extend Munn Street from Demaree Ln to

Gellhorn Drive.

$1,000,000.00
305

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1636. California ............... Muni Geary Boulevard Improvements, San

Francisco.

$12,000,000.00

1637. Illinois ................... Upgrades to Cockrell Lane in Springfield ...... $800,000.00

1638. Michigan ................ Construct railroad grade separation on M 85

(Fort Street) North of Van Horn Road,

Trenton.

$250,000.00

1639. Illinois ................... Improve Great River Road, Mercer County ... $500,000.00

1640. Florida ................... Connect I–4 with the Tampa Port ................. $8,000,000.00

1641. Illinois ................... Municipal Drive (Sugar Grove): Extension

North from Route 30 to Wheeler Rd. and

Galena Blvd. Extension west of Route 47.

$4,760,000.00

1642. Georgia .................. Bicycle and pedestrian trail connecting

Dabney-Hunter-Simmons Park with Davidson Parkway, City of Stockbridge.

$1,000,000.00

1643. California ............... Reconstruct interchange with partial-cloverleaf on-ramp for south-bound traffic entering I–80 from Central Avenue, City of

Richmond.

$3,000,000.00

1644. Illinois ................... Improve roads and grade separations in the

vicinity of 130th Street and Torrance Avenue, Chicago.

$4,000,000.00

1645. New Jersey ............ Construction and rehabilitation of bridges W–

7, W–8, and W–9 connecting Manasquan

and Brielle Boroughs.

$2,500,000.00

1646. New York .............. Conduct studies to consider transportation

planning and community involvement for

infrastructure projects that address congestion relief, New York City.

$1,000,000.00

1647. Mississippi ............. Upgrade roads in North Carrollton (U.S.

Highway 35 and 82) McCain Street, South

Street, Love Street, and Colver Street,

Carroll County.

$500,000.00

1648. Louisiana ............... Upgrade the 3.6 mile section of LA 478 from

I–49 at Exit 132 to LA 1 south of

Natchitoches, LA.

$5,650,000.00

1649. Washington ........... Replace I–5 exit 79 interchange bridge along

Chamber of Commerce Way to provide

more capacity.

$2,000,000.00

1650. Illinois ................... Widen U.S. Route 30 from Rock Falls to

Round Grove, Whiteside County.

$500,000.00

1651. California ............... Rosecrans Avenue/Aviation Blvd./Douglas

Street improvements to reduce congestion

and improve traffic flow, El Segundo.

$6,000,000.00

1652. New York .............. Update all county and town signage in Wayne

County, NY.

$75,000.00

1653. New Mexico ........... Construct the 4 lane expansion of U.S. 62/

180 from Carlsbad, New Mexico to Texas

State line.

$10,000,000.00

1654. Illinois ................... Upgrade 31st Street and Golfview Road

intersection and construct parking facilities, Brookfield.

$6,400,000.00

1655. South Carolina ...... Install and improve highway-rail crossing

safety devices, Richland and Orangeburg

Counties.

$992,000.00

1656. North Carolina ...... Widen SR 1165 from Parish Mill Road to

Dabney Drive, Henderson.

$960,000.00

1657. New York .............. Safety enhancements on East Shore Road in

Town of Warwick, NY.

$1,000,000.00

1658. Iowa ....................... Upgrade Collins Road (Iowa Highway 100)

and 1st Avenue in Cedar Rapids, IA.

$2,600,000.00

1659. Alaska .................... Bridge over Fish Creek in MatanuskaSusitna Borough.$1,000,000.00

1660. Georgia .................. Addition of barrier-separated HOV lanes on

SR 316 from the I–85 interchange to SR

20, Gwinnett Co.

$500,000.00

1661. Arkansas ............... Improvement of County Road 32, Little Garnett/Cane Creek, Lincoln County.$500,000.00

1662. New York .............. Rehabilitate and Improve Erie Station Road,

Route 15/I–390 in the Town of Henrietta.

$1,000,000.00
306

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1663. Indiana .................. Construct pedestrian islands and narrow

campus streets in the City of Anderson, IN.

$1,000,000.00

1664. California ............... Technical feasibility study for a tunnel on the

710 Freeway in Southern California.

$3,000,000.00

1665. Ohio ....................... Multi-use, non-motorized use, recreational

trail that will connect Miami, Montgomery,

Warren, and Butler Counties in SW OH.

$3,000,000.00

1666. Florida ................... I–75 Interchange Improvements in Pembroke

Pines, Broward County, FL.

$2,000,000.00

1667. Louisiana ............... Construct I–20/Tarbutton Road Interchange,

Lincoln Parish.

$2,000,000.00

1668. California ............... Replace Winters Bridge, Yolo County ............ $2,000,000.00

1669. Michigan ................ White Pine Trail State Park paving project .. $1,500,000.00

1670. California ............... Construct Route 101 Auxiliary Lanes 3rd

Ave. in the City of San Mateo to Millbrae

Ave. in Millbrae.

$4,200,000.00

1671. New York .............. Downtown Flushing traffic and pedestrian

improvements.

$1,000,000.00

1672. Massachusetts ....... Extension, resurfacing and alignment improvements to the Norwottuck Rail Trail,

Hampshire County.

$6,000,000.00

1673. Indiana .................. Widen Wheeling Avenue from Centennial

Road to McGalliard Road in the City of

Muncie, IN.

$960,000.00

1674. Ohio ....................... Construct interchange at CR 80 on IR 77

near Dover.

$5,000,000.00

1675. California ............... Repair and realignment of Brahma Drive and

Winnetka Avenue, which serves the students of Los Angeles Pierce College.

$600,000.00

1676. New York .............. 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.

$100,000.00

1677. Oregon ................... I–5 Trade Corridor for preliminary engineering of Columbia River vehicle and transit

crossings and interchange improvements.

$6,000,000.00

1678. Texas ..................... Widen 4-lane urban divided roadway with

raised median on FM 1637, McLennan

County.

$4,000,000.00

1679. Florida ................... Construct U.S. 17/92 improvements in

Maitland, FL.

$1,500,000.00

1680. California ............... Widen State Route 112 to 4 lanes through

Jamieson Canyon (between I–80 and SR

29).

$8,000,000.00

1681. New York .............. Improve Queens Boulevard, New York ........... $500,000.00

1682. Vermont ................. Construction of the Lamoille Valley Rail Trail

for the Vermont Association of Snow Travelers.

$7,268,486.00

1683. Florida ................... Construct SR 9B Extension in St. Johns

County, FL.

$2,800,000.00

1684. Massachusetts ....... Pedestrian access and streetscape improvements in the area of Huntington Avenue,

Longwood Avenue, and Palace Road, Boston.

$2,100,000.00

1685. Pennsylvania ......... Improve Route 666 from Henry’s Bend in

Forest County to junction with Route 948

in Warren County.

$1,000,000.00

1686. West Virginia ........ Fairmont Gateway Connector System to provide an improved highway link between

downtown Fairmont and I–79 in the vicinity of Fairmont.

$20,000,000.00

1687. Michigan ................ Study to determine replacement options for

obsolete and structurally deteriorating

bridge (Trenton-Grosse Ile Bridge) including approach roadways, Charter County of

Wayne.

$750,000.00

1688. Illinois ................... Construct streetscape project, Orland Hills ... $350,000.00
307

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1689. Kansas ................... Deployment of an Intelligent Traffic System

within the Wichita Metropolitan Area.

$7,000,000.00

1690. Indiana .................. Realign and depress I–70 to make way for

new airport Interchange, Indianapolis.

$10,000,000.00

1691. Illinois ................... Reconstruct Old Madison Rd. and interconnected roadways, St. Clair County.$2,000,000.00

1692. North Carolina ...... Garden Parkway/project proposes to construct multilane freeway that will provide a

high-speed corridor around south side of

Gastonia.

$2,500,000.00

1693. Ohio ....................... Reconstruct I–75/I–475 Interchange, Toledo $3,000,000.00

1694. Illinois ................... Upgrade Keystone Avenue and Homan Avenue, Robbins.$1,000,000.00

1695. Tennessee .............. Develop trails, bike paths and recreational facilities on the Crest of Black Mountain,

Cumberland County for Cumberland Trail

State Park.

$250,000.00

1696. Nevada .................. Improve Lake Mead Parkway Henderson, NV $1,500,000.00

1697. Louisiana ............... LA 42 in Ascension Parish, and LA 73 improvements.$10,000,000.00

1698. Tennessee .............. Widen SR 35/U.S. 411 beginning in Sevier

County an crossing through Jefferson

County, ending at I–40 in Cocke County.

$2,000,000.00

1699. Texas ..................... Construction of Old Hueco Tanks Road from

I–10 to FM 76, Socorro.

$2,500,000.00

1700. Ohio ....................... Construct full movement interchange on I–75

at Austin Pike from Wood Road to the

west and SR 41 to the east.

$7,500,000.00

1701. New York .............. Replace bridge over CSX lines on Highbridge

Road.

$400,000.00

1702. Iowa ....................... Reconstruct NW 70th Avenue from 86th

Street to NW Beaver Drive.

$5,000,000.00

1703. Georgia .................. Upgrade SR 141 corridor in the Buckhead

Community Improvement District.

$2,000,000.00

1704. Ohio ....................... Bridge replacement over the Nimishillen

Creek in the City of Canton.

$400,000.00

1705. Illinois ................... U.S. 67 Corridor Concord/Arenzville Rd. to

East of IL 100.

$1,000,000.00

1706. Alabama ................ City of Vestavia Hills pedestrian walkway to

cross U.S. 31.

$500,000.00

1707. Mississippi ............. State Route 609 to State Highway 15 connector, Jackson and Harrison Counties.$3,000,000.00

1708. Wisconsin .............. Reconstruct State Highway 45, City of

Antigo.

$1,000,000.00

1709. California ............... Widen Santa Maria River Bridge on U.S.

Highway 101 between Santa Barbara

County and San Luis Obispo County.

$3,400,000.00

1710. Illinois ................... Improve 83rd Street from Roberts Road to

83rd Avenue and improve 79th Street/88th

Avenue intersection, Justice.

$5,250,000.00

1711. California ............... Improve Central Avenue Historic Corridor

Streetscape, Los Angeles.

$1,000,000.00

1712. Massachusetts ....... Safety and Operational improvements to 3

Route 128 North exchanges, Town of

Danvers.

$3,000,000.00

1713. Illinois ................... Resurface Elston Avenue, Chicago ................. $2,000,000.00

1714. New York .............. Atlantic Avenue Highway Access Improvement between Van Wyck Expressway and

Jamaica Station.

$5,000,000.00

1715. Florida ................... Construct I–4/GreeneWay Ramp Connector

in Seminole County, FL.

$5,000,000.00

1716. New York .............. Reconstruct pedestrian walkways located in

the Bronx.

$1,000,000.00

1717. Illinois ................... Metra/Anderson Rd. (Elburn Station): Construction of a new roadway and grade separation of the UP West Line east of

Elburn, IL.

$9,500,000.00

1718. South Carolina ...... Replacement of Greenville County maintained

bridges.

$2,000,000.00
308

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1719. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of a connector road between

Pennsylvania State Route 93 and Pennsylvania State Route 309, Hazle Township.

$600,000.00

1720. Oklahoma .............. Construction of Midwest City Pedestrian

Walkway.

$1,000,000.00

1721. Texas ..................... The project is part of the 177-mile Grand

Parkway loop being constructed around the

metropolitan Houston Area.

$11,500,000.00

1722. Massachusetts ....... Rehabilitation of Route 21 bridge over the

Chicopee River, Springfield.

$2,030,000.00

1723. New Jersey ............ Replacement of the Magnolia Avenue Bridge

over Routes 1 and 9, Elizabeth City.

$1,000,000.00

1724. Illinois ................... For engineering, right-of-way acquisition and

reconstruction of 2 existing lanes on Arsenal Road from Baseline Rd. to Route 53.

$1,750,000.00

1725. Iowa ....................... Construction and replacement of a deficient

bridge at U.S. Highway 34 Missouri River

Bridge at Glenwood, IA (Mills County).

$2,500,000.00

1726. Illinois ................... Upgrade roads and bridges, Chicago .............. $1,000,000.00

1727. Illinois ................... Upgrade roads in the vicinity of Rockwell

Gardens, Chicago.

$1,180,000.00

1728. Virginia ................. Upgrade/Widen Route 11 at Maurertown in

Shenandoah County.

$1,000,000.00

1729. Michigan ................ Reconstruct 3.2 miles of I–96 including all

ramps at M 39, Detroit.

$2,000,000.00

1730. New York .............. Road construction at new Town Hall facility

in Town of Kent, NY.

$750,000.00

1731. Illinois ................... Upgrade streets, Stickney Township .............. $5,000,000.00

1732. Minnesota .............. Construct bike-walk trail between the cities of

Isanti and Cambridge in the State Highway 65 Corridor.

$288,602.00

1733. Illinois ................... Improve Ogden Avenue, Chicago .................... $13,000,000.00

1734. Pennsylvania ......... Improve Route 322 at Halls Run in Venango

County.

$1,700,000.00

1735. Colorado ................ Construct East Corridor project ..................... $2,000,000.00

1736. California ............... Provide widening of the existing 2-lane railroad underpass on SR 89 in Nevada County.$3,000,000.00

1737. New York .............. Staten Island Fast Ferry Purchase ................ $14,000,000.00

1738. Tennessee .............. Interchange planning on I–65 at Highland

Road.

$400,000.00

1739. Oklahoma .............. Construct SH3 improvements from Antlers to

Broken Bow.

$15,000,000.00

1740. Illinois ................... Improve roads and construct pedestrian underpass, Western Springs.$2,790,000.00

1741. Arkansas ............... Improvement of Sugarloaf Road and

Sugarloaf Bridge Construction, Clark

County.

$500,000.00

1742. Ohio ....................... Road improvements from Elton St. North to

Wooster St. in Tuscarawas Township.

$800,000.00

1743. Missouri ................. Hanley Road Improvements, St. Louis County.$2,000,000.00

1744. Tennessee .............. Construct portion of new State Route 374

Bypass west of Clarksville.

$3,400,000.00

1745. Florida ................... Miami River Greenway Roadway Improvements and 5th Street Improvements.$1,000,000.00

1746. Michigan ................ Improve Fed Forest Highway 16 from M 38

to Houghton County Line, Ontonagon

County.

$500,000.00

1747. Illinois ................... Upgrade Ridge Avenue, Evanston .................. $3,000,000.00

1748. New Jersey ............ Garden State Parkway Grade Separation,

Cape May County. Eliminates 3 at grade

interchanges (9, 10, 11) and replace with

grade separations.

$45,000,000.00

1749. Oklahoma .............. Improvements to I–235 (Broadway Extension) from 36th St. to 63rd St. in Oklahoma City, OK.$1,000,000.00
309

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1750. California ............... Improve access from I–8 and construct parking lot for the Imperial Sand Dunes Recreation Area Visitors Center, Imperial Valley.$1,000,000.00

1751. Oklahoma .............. HW 60 Pawhuska to Bartlesville, Osage

County.

$2,000,000.00

1752. Maryland ............... Upgrade conduit for traffic signal system,

street lighting, and traffic-related video

cameras, Baltimore.

$1,700,000.00

1753. Washington ........... Overpass improvement along 3 mile section of

SR 501, between MP 0 and MP 3.

$1,000,000.00

1754. Ohio ....................... Construct Portage Bike and Hike Trail, Portage County.$1,000,000.00

1755. Tennessee .............. Widen State Route 33 in Knox County, TN .. $6,500,000.00

1756. Illinois ................... Upgrade Curtis Rd. in conjunction with State

plan for I–57 interchange, from Duncan

Rd. to 1st St. in Champaign.

$7,000,000.00

1757. Washington ........... Avenue D Reconstruction, Snohomish ............ $1,800,000.00

1758. Illinois ................... Upgrade roads, Village of Hillside .................. $1,000,000.00

1759. Louisiana ............... North-South Corridor from Houma/

Thibodaux to I–10.

$5,000,000.00

1760. New York .............. Construction of and improvements to Main

Street in the Town of Eden.

$500,000.00

1761. California ............... State Route 52 East upgrade (SR 125 to SR

67).

$6,400,000.00

1762. California ............... I–80 at Eureka Road Interchange/improve

access to I–80 by reducing traffic congestion at 2 heavily traveled on-ramps at Eureka Road and Riverside Avenue in Placer

County.

$2,000,000.00

1763. Massachusetts ....... Study and design I–93/Mystic Avenue Interchange at Assembly Sq, Somerville.$500,000.00

1764. Tennessee .............. Construct roundabout intersection at Highway 41A and Highway 49, Pleasant View.$900,000.00

1765. California ............... Bay Road improvements between Clarke Avenue and Cooley Landing. Northern access

improvements between University and Illinois Avenues, East Palo Alto.

$4,000,000.00

1766. Texas ..................... Construct new intersection direct connections

between IH 635 and IH 35E, Dallas County, TX.

$17,000,000.00

1767. Texas ..................... Continuation of item number 92 of the table

contained in section 1602 of the Transportation Equity Act for the 21st Century.

$2,500,000.00

1768. California ............... Transportation enhancements, Bellflower ...... $75,000.00

1769. Texas ..................... Implement the recommendations of a forthcoming study on reducing congestion in

and around the Texas Medical Center.

$5,000,000.00

1770. Arkansas ............... Improvements to Jenny Lind Road and Ingersoll Road in Fort Smith.$6,000,000.00

1771. New York .............. Design/Environmental work on the Inner

Loop from Clinton Avenue to East Main

Street, Rochester.

$2,400,000.00

1772. New York .............. 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.

$100,000.00

1773. Maine ..................... Gorham Village Bypass, Gorham ................... $9,600,000.00

1774. Michigan ................ Street Project for Access Road to Develop

65-Acre of Municipal Tract of Industrial

Land, Village of Cass City, Tuscola County.

$23,160.00

1775. Colorado ................ Roadway widening and interchange rebuilding

on I–225 from I–70 to Parker road.

$14,000,000.00

1776. Indiana .................. Improve Baile Street, Kentland ...................... $300,000.00

1777. Virginia ................. Extension of 6-lane section of U.S. Route 29

between Eaton Place at Route 123.

$3,000,000.00

1778. Georgia .................. Improve sidewalks, upgrade lighting, and add

landscaping in downtown Glennville.

$680,000.00

1779. Georgia .................. Construct Effingham bypass, SR 21 to SR

275.

$3,500,000.00
310

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1780. Texas ..................... SH 114/SH 121 ‘‘Funnel Project’’/Preliminary Engineering Study.$4,000,000.00

1781. Georgia .................. DeKalb schools pedestrian safety upgrades .... $4,500,000.00

1782. Washington ........... Install dual left turn lanes and intersection

signal modifications at SR 432 and Columbia Blvd.

$1,750,000.00

1783. Indiana .................. Reconstruction of .46 miles of Range Line

Rd. and replacement of Hamilton County

Bridge No. 194 in Carmel, IN.

$1,000,000.00

1784. California ............... Land acquisition to mitigate impacts to natural habitats and wetlands caused by highway projects on U.S. 1 and U.S. 101 in

areas around Solstice Canyon in the Santa

Monica National Mountains Recreation

Area.

$1,000,000.00

1785. Arizona .................. Construct and replace Safford 8th Avenue

north of Safford, AZ.

$7,000,000.00

1786. California ............... Construct overpass at Central Avenue Overpass and the Union Pacific railroad crossing, Newark.$1,000,000.00

1787. Oregon ................... Widen Oregon Highway 217 between

Tualatin Valley Highway and the U.S. 26

interchange, Beaverton.

$6,250,000.00

1788. South Carolina ...... I–73 Interstate from South Carolina State

line to Myrtle Beach Area.

$10,000,000.00

1789. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Athens, TN.

$99,000.00

1790. Texas ..................... Extend Dowlen Rd. from College St. to Walden Rd., Beaumont.$3,460,000.00

1791. Louisiana ............... Peters Road improvements in Plaquemines

Parish.

$1,000,000.00

1792. Florida ................... Expand I–95/Palm Coast Parkway Interchange in Flagler County, FL.$3,000,000.00

1793. New Mexico ........... Improvements to U.S. Highway 87 from

Raton to Clayton.

$2,000,000.00

1794. New York .............. Implement traffic calming and safety improvements in the Gateway to Great Neck

area.

$400,000.00

1795. Tennessee .............. Increase safety at intersections on U.S. 11E

through Russellville, Whitesburg, Bulls

Gap and I–81, roadway improvements for

local access roads.

$500,000.00

1796. Massachusetts ....... Charlemont Bridge, Route 2. Replacement of

the Charlemont Bridge that crosses Deerfield River, Charlemont.

$4,800,000.00

1797. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of IS 194.

$250,000.00

1798. Florida ................... Extension of Apopka Bypass-Maitland Boulevard in Orange County, FL.$1,000,000.00

1799. Virginia ................. Jamestown 2007, To provide transportation

infrastructure for visitors to Jamestown Island.

$2,750,000.00

1800. Minnesota .............. Trunk Highway 23 bypass of the City of

Paynesville.

$3,000,000.00

1801. New York .............. Construct improvements on Route 12/Phase I

other projects.

$1,205,000.00

1802. Florida ................... Widening and improvements to Snake Road

(BIA Route 1281) in Hendry County.

$1,000,000.00

1803. Texas ..................... Expansion and improvements to Loop 304,

Crockett.

$16,000,000.00

1804. South Carolina ...... McClellan Road Bridge in Anderson County .. $310,000.00

1805. Michigan ................ Construction of I–696 freeway ramps, Southfield.$1,000,000.00

1806. Georgia .................. Revitalization project will extend and resurface the Roberta Walker Trail, Roberta.$500,000.00

1807. California ............... Provides funding for the construction of auxiliary lanes in each direction of U.S. 101

from Marsh Road to the Santa Clara

County line.

$2,000,000.00
311

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1808. New York .............. Wayne County rails to trails initiative, creating bicycle/pedestrian trails.$345,000.00

1809. Arkansas ............... Widen and replace bridges on Hopewell Road,

Union County.

$500,000.00

1810. New York .............. Construct Setauket/Port Jefferson Station

Greenway Trail.

$5,000,000.00

1811. California ............... Construct new ramps to Route 262, widen

262, reconstruct railroad bridges, Fremont.

$3,000,000.00

1812. Michigan ................ Resurfacing of Eleven Mile Road, St. Clair

Shores.

$480,000.00

1813. Illinois ................... Construction of new access road from Hazel

Dell Lane to Hope School in Springfield.

$75,000.00

1814. New York .............. Construction of a new entrance ramp from

9A Southbound to the Taconic State Parkway Southbound near the northbound Taconic exit ramp to 9A.

$1,000,000.00

1815. New York .............. Route 590 Reconstruction Project in the

Town of Irondequoit, NY.

$4,000,000.00

1816. New York .............. Improve Hospital Road Bridge between CR99

and CR101, Patchogue.

$6,000,000.00

1817. Minnesota .............. Interchange at CSAH and Highway 24 in

Cannon Falls, project development cost 3

interchange sites and 1 overpass along 52.

$1,000,000.00

1818. New York .............. Queens and Brooklyn County Graffiti Elimination Program including Kings Highway

from Ocean Parkway to McDonald Avenue.

$4,000,000.00

1819. Texas ..................... Construction of La Entrada al Pacifico south

of Odessa to relieve traffic from El Paso

and Del Rio.

$5,000,000.00

1820. Alabama ................ Additional lanes would be added to SR 167

from Troy to Enterprise.

$1,000,000.00

1821. Ohio ....................... Improve SR 14/Washingtonville Rd. Intersection, Washingtonville.$824,000.00

1822. Ohio ....................... Transportation Museum facility expansion

and improvements, City of Warren.

$750,000.00

1823. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of PS 277.

$250,000.00

1824. Kentucky ............... Construct the Albany Bypass, Clinton County $4,000,000.00

1825. Massachusetts ....... Route 110 and I–93 rotary improvements ..... $1,500,000.00

1826. Tennessee .............. Upgrade circuit at gates/lights for Bristol

grade crossing (Cedar Street) to intelligent

systems that eliminate current variability.

$50,000.00

1827. Massachusetts ....... Improvements to Mass. Ave., Andover Street,

Osgood Street, Salem Street, and Johnson

Street, Town of North Andover.

$1,000,000.00

1828. New York .............. Construct W. 79th St. Rotunda, New York

City.

$2,000,000.00

1829. California ............... Conduct Study and Construct Mc Kinley

Interchange at SR 120 Project, Manteca,

CA.

$4,000,000.00

1830. Indiana .................. Construct Margaret Avenue Underpass in

Terre Haute.

$17,500,000.00

1831. Kansas ................... Removal of structurally deficient bridge and

construction of a new major river crossing

of Topeka Blvd. over the Kansas River.

$7,000,000.00

1832. Michigan ................ Replacement of the interchange at 44th

Street and U.S. 131 in Grand Rapids.

$9,000,000.00

1833. New Jersey ............ Pedestrian, safety, and street lighting improvements, Edison National Historic Site.$520,000.00

1834. Maine ..................... Construct and plan Lewiston/Auburn Downtown Connector.$5,800,000.00

1835. Michigan ................ Improve the existing highway-rail crossing at

Cogshall Street, relocate existing signals.

$2,000,000.00

1836. Illinois ................... Improve Sheridan Road, Evanston ................. $2,000,000.00

1837. South Carolina ...... Murphy Road East Bridge in Anderson

County.

$115,000.00

1838. Texas ..................... Construct 36th Street Extension to connect

KellyUSA, San Antonio.

$6,000,000.00

1839. New York .............. Rehabilitate Route 12 at Town and Village of

Greene.

$4,852,000.00
312

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1840. Kentucky ............... Replace bridge and approaches over Beaver

Creek (C14) 1.0 mile SE of JCT CR 1221.

$500,000.00

1841. Mississippi ............. U.S. Highway 61 Widening/Improvement

Widening U.S. Highway 61 through Natchez and improving 3 major intersections, including turn lanes, at Devereaux, Liberty,

and Junkin Roads.

$1,500,000.00

1842. Oregon ................... Rockwood Town Center for Stark Street

from190th to 197th for pedestrian, bicycle

and transit facilities and safety mitigation.

$2,000,000.00

1843. Michigan ................ Expansion of Cass Avenue, Clinton Township $8,763,000.00

1844. Washington ........... Port of Tacoma Road/construct a second left

turn lane from westbound Pac Highway to

Port of Tacoma Road.

$500,000.00

1845. Georgia .................. Bicycle and pedestrian trail 1.5 miles along

Jester Creek, City of Morrow.

$960,000.00

1846. Mississippi ............. I–20 Interchange and Connectors at Hawkins

Crossing: I–20 Interchange and connectors

linking Meridian and industrial complex to

U.S. Highways 11 and 45.

$1,000,000.00

1847. Massachusetts ....... Engineering and construction of the Longfellow Bridge, Boston.$2,500,000.00

1848. California ............... Construct a 2.8 mile bikeway that will connect 4 other regional trails and bikeways.$400,000.00

1849. Ohio ....................... Construct White Pond Dr. project, Akron ..... $1,000,000.00

1850. Arkansas ............... Resurfacing Grigsby Ford Road, Hot Spring

County.

$220,000.00

1851. Oregon ................... Lake Road, Milwaukie for improvements in

traffic flow, safety, bicycle and sidewalk facilities along the length of the road.

$3,000,000.00

1852. North Carolina ...... Improve U.S. 221 to multilane highway resulting in additional traffic-carrying capacity and enhanced safety.$5,000,000.00

1853. Arkansas ............... Continued development of connector from relocated Highway 67 North to Highways 49

and future I–555.

$1,000,000.00

1854. Nevada .................. Construct Las Vegas Martin Luther King

Blvd. to Industrial Road Connector.

$5,500,000.00

1855. Ohio ....................... Grading, paving, roads, and ramp facilities

for the transfer of rail-to-truck for the

intermodel facility at Rickenbacker Airport.

$5,500,000.00

1856. Illinois ................... Upgrade roads, Village of Maywood ............... $1,005,000.00

1857. Illinois ................... IL Route 82 Railroad Underpass (Geneseo):

Would raise the height of a narrow highway underpass.

$3,000,000.00

1858. Minnesota .............. Highway 36/McKnight Road Interchange Reconstruction, Ramsey County.$5,000,000.00

1859. New York .............. Rehabilitation of the bridge at Warburton Avenue and Factory Lane, Yonkers.$1,000,000.00

1860. Minnesota .............. Skyline Parkway Corridor preservation and

roadway improvements from Seven Bridges

Road to Becks Road, City of Duluth.

$4,000,000.00

1861. Indiana .................. Reconstruct 3.4 miles of 2 lane rural road as

divided parkway with landscaped median

and recreation paths in Carmel, IN.

$500,000.00

1862. Massachusetts ....... Design and engineering of 30-mile bikeway

extending south from the Town of Salisbury to the Town of Danvers.

$600,000.00

1863. Minnesota .............. Stearns County Bridge No. 73501 improvements.$400,000.00

1864. Louisiana ............... Improve Zachary Taylor Parkway in LA ....... $1,000,000.00

1865. Texas ..................... SH 164 in Groesbeck to Sand Branch Creek.

Reconstruct a 2-eleven foot main lane roadway to a 2-lane/12-foot main lane with 8-

foot shoulder facility. Overall widening of

SH 164 for safety.

$2,000,000.00

1866. Colorado ................ Upgrade I–70 from Glenwood Canyon to C

470.

$4,000,000.00

1867. New York .............. Phase II Corning Preserve Transportation

Enhancement Project.

$5,000,000.00
313

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High Priority Projects—Continued

No. State Project Description Amount

1868. Michigan ................ Purchase and implementation of various Intelligent Transportation System technologies in the Grand Rapids metro region.$13,500,000.00

1869. Connecticut ........... Upgrade North Stonington, CT/Westerly, RI

Bridge.

$500,000.00

1870. California ............... Oregon-Page Mill expressway improvements

between U.S. 101 and SR 82, Palo Alto.

$2,000,000.00

1871. New York .............. Pedestrian walkway improvements along Sunrise Highway, Valley Stream.$1,000,000.00

1872. California ............... Study economic, environmental and congestion mitigation benefits of a Hybrid Utility

Vehicle, Santa Barbara County.

$100,000.00

1873. Virginia ................. Route 613 Bridge over Gold Mine Creek,

Louisa County.

$500,000.00

1874. Illinois ................... Undertake traffic mitigation and circulation

enhancements on 57th and Lake Shore

Drive, Chicago.

$500,000.00

1875. Ohio ....................... Walnut Ave. Bridge replacement project in

the City of Alliance.

$500,000.00

1876. California ............... Pedestrian Bridge Over Atlantic Boulevard,

the City of Monterey Park.

$510,000.00

1877. New York .............. Emergency vehicle preemption system at traffic signals, Smithtown.$500,000.00

1878. New York .............. 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.

$100,000.00

1879. Ohio ....................... Conduct Phase II of U.S. Route 68 bypass

project in Urbana.

$2,300,000.00

1880. Texas ..................... This project will develop a statewide 511 program.$4,000,000.00

1881. New Jersey ............ Intermodal Access Improvements to former

MOTBY, Bayonne.

$2,000,000.00

1882. Connecticut ........... Construct Route 11 Extension and Greenway

from Salem to Waterford.

$16,000,000.00

1883. New Jersey ............ Rowan Boulevard Parking adjacent to Highway 322 Corridor, Glassboro Township.$1,000,556.00

1884. Kentucky ............... Construct the Northern Bypass of Somerset,

Kentucky and I–66 from the Cumberland

(Louie B. Nunn) Parkway west of Somerset, Kentucky to I–75 south of London,

KY.

$14,000,000.00

1885. New York .............. Construct sidewalk along KingsFerry Rd. and

Cortlandt St. in Town of Cortlandt, NY.

$400,000.00

1886. Virginia ................. Appalachian Traditions/construction of outdoor facilities along Music Heritage Trail,

Josephine.

$250,000.00

1887. Louisiana ............... Construct U.S. 90/LA 675 interchange, Iberia Parish.$5,000,000.00

1888. Kentucky ............... Widening U.S. 25 from U.S. 421 to KY 876,

Richmond.

$800,000.00

1889. Washington ........... Kent Willis UP Tracks/provide grade separation at the existing railroad tracks at the

UP tracks.

$1,000,000.00

1890. New York .............. Improvement on Burnt Corners Rd. and

Grahamtown Rd. in Town of Greeneville,

NY.

$100,000.00

1891. Nebraska ............... Construct new E/W and N/S roadways/elevated railroad crossing to enhance comprehensive redevelopment of downtown Lincoln.$4,000,000.00

1892. Illinois ................... Improve roads, Benton ................................... $2,300,000.00

1893. Pennsylvania ......... Northwest Lancaster County River Trail will

parallel 14 miles of Susquehanna River.

$250,000.00

1894. Georgia .................. Bridge replacement on County Road 183–

FAS Route 1509, Peach County.

$425,000.00

1895. Florida ................... Construction of a new bridge at Indian

Street, Martin County, FL.

$4,000,000.00
314

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

1896. New York .............. Improvements to Ashburton Ave. from the

Saw Mill River Parkway to the waterfront.

$600,000.00

1897. Florida ................... SW 62nd/SW 24th arteriol connector alleviating traffic on I–75.$1,000,000.00

1898. Kentucky ............... Make Highway 55 (aka Highway 555) into a

4 lane highway.

$10,000,000.00

1899. Missouri ................. RiversSouth Development, St. Louis County $3,000,000.00

1900. Washington ........... Emission reduction kits to be put on diesel

vehicles (Diesel Solution program, Puget

Sound Clean Air Agency).

$2,000,000.00

1901. Alaska .................... Variety of road improvements and upgrades

to service road areas and miscellaneous

projects within Northstar Borough.

$5,000,000.00

1902. Indiana .................. Louisville/Southern Indiana Ohio River

Bridges Project, IN.

$14,400,000.00

1903. New York .............. Roadway improvements on CR3 between

Ruland Rd. and I–495, Suffolk County.

$2,000,000.00

1904. New York .............. Improve the Bronx River Greenway Park

Connection.

$800,000.00

1905. Illinois ................... Resurface Yellow Banks Road, Franklin

County.

$300,000.00

1906. Iowa ....................... Construct a Pedestrian Trail Bridge adjacent

to U.S. Highway 275 across the Southern

half of Council Bluffs, IA between the Missouri River and the I–29 interchange.

$250,000.00

1907. Florida ................... SR 434 to JFK Boulevard and Destiny Road

to Diplomat Circle, Eatonville.

$3,000,000.00

1908. California ............... Improving the interchanges on I–5 at Genesee Ave. and Sorrento Valley Blvd.$2,000,000.00

1909. Georgia .................. Construct Statesboro North bypass, SR 26 to

SR 73.

$2,000,000.00

1910. Washington ........... Intersection project at South Access 522 beginning and ending at the UWB-CCC campus to improve access and alleviate congestion.$3,000,000.00

1911. Michigan ................ Plymouth, Repair Auburn St. ......................... $500,000.00

1912. Missouri ................. Add 2 lanes to current 2 lane roadway, front

street between I–29, I–35 and Chouteau

Trafficway.

$1,000,000.00

1913. Florida ................... Airport Access Road, Gainesville .................... $1,000,000.00

1914. Oregon ................... Columbia Intermodal Corridor for rail congestion relief, improved intersections and access to I–5 for trucks, and grade-separate

road from rail, Portland.

$12,000,000.00

1915. California ............... This project will widen the northbound ramps

and widen the southbound ramps at the I–

15 and SR 79 south interchange.

$2,000,000.00

1916. Washington ........... Realign West Main Street through west Kelso $2,000,000.00

1917. Washington ........... Construct an off-ramp from I–5 to the intersection of Alderwood Mall Blvd. and

Alderwood Mall Parkway.

$500,000.00

1918. New York .............. Resurface Grade Crossing at Old State Road

(County Route 82).

$500,000.00

1919. New York .............. Reconstruct a historic bridge crossing Maxwell Creek in the Town of Sodus, NY.$580,000.00

1920. New York .............. Fulton Street Improvements from Pennsylvania Avenue to Eldert Lane, Brooklyn.$5,600,000.00

1921. Alabama ................ Talledega Mountains Natural Resource Center/an educational center and hub for

hikers, bicyclists, and automobiles.

$2,000,000.00

1922. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of street improvements and

safety enhancements, Borough of Dupont

in Luzerne County.

$250,000.00

1923. Nebraska ............... Construct planned 68-mile, 4-lane expressway

on N-35 from Norfolk to South Sioux City.

$13,000,000.00

1924. Missouri ................. Modifications to I–470/U.S. 50 Interchange .. $1,000,000.00

1925. Michigan ................ West Michigan Regional Planning Study for

transportation and infrastructure.

$500,000.00
315

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High Priority Projects—Continued

No. State Project Description Amount

1926. Virginia ................. Improve State Routes 161 and 315 and construct infrastructure improvements at/adjacent to Virginia Museum of Fine Arts in

Richmond.

$1,000,000.00

1927. California ............... Development study of the Riverside-Orange

corridor through the Community Environmental Transportation Acceptability Process (CETAP).

$14,000,000.00

1928. California ............... Land acquisition in Sargent Hills to mitigate

for road runoff into water sources and to

protect a wildlife corridor connecting Santa

Cruz Mountains to Mt. Hamilton Range,

Santa Clara County.

$1,000,000.00

1929. Michigan ................ CR 186 from M 35 at Brampton to U.S. 2

and U.S. 41/bituminous overlay with super

elevation, correction, curb, and gutter,

Delta County.

$240,000.00

1930. Oklahoma .............. Widen U.S. 60 from approximately 2 miles

east of the U.S. 60/U.S. 75 interchange

east approximately 5.5 miles.

$2,000,000.00

1931. North Carolina ...... Continued development of pedestrian bike

paths, Cary.

$1,300,000.00

1932. Massachusetts ....... Warren Street and Blue Hill Avenue street

improvements, Boston.

$2,000,000.00

1933. Pennsylvania ......... Improvements to I–81, including interchanges, in Franklin County, PA.$4,000,000.00

1934. Michigan ................ Construction of improvements of 4 miles connecting M40 in Western Allegan County to

Middleville and a bridge over Thornapple

River.

$3,600,000.00

1935. Georgia .................. Historic preservation of a city bus station in

downtown Eastman.

$134,917.00

1936. Texas ..................... This project will deploy ITS elements in the

rural areas of TX.

$4,000,000.00

1937. Texas ..................... Relocation of FM 156 at Alliance Airport ...... $5,000,000.00

1938. Texas ..................... Construct a 3 level diamond interchange on

IH 35, Bell County.

$2,000,000.00

1939. Washington ........... Improvements in the SR 9 corridor, Snohomish County.$1,500,000.00

1940. Texas ..................... Reconstruct State Highway 87 from SH 124

to Sabine Pass.

$7,000,000.00

1941. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of Prospect Park Yeshiva.

$250,000.00

1942. Ohio ....................... Replace McDonald Industrial Bridge, Village

of McDonald.

$500,000.00

1943. Tennessee .............. Plough Boulevard Interchange project to improve access to Memphis International Airport.$2,000,000.00

1944. New York .............. Rehabilitation of the Ashford Ave. bridge over

I–87 in the Villages of Dobbs Ferry and

Ardsley.

$2,600,000.00

1945. Washington ........... Granite Falls Alternate Freight Route, Granite Falls.$2,400,000.00

1946. New York .............. Rebuild Queens Plaza, a 250-foot wide roadway on the astern end of the

Queensborough Bridge.

$8,000,000.00

1947. New Jersey ............ Reconfiguration of Bay Avenue and Polaris

Street in Newark, NJ.

$8,000,000.00

1948. Illinois ................... Reconstruct Winter Ave., existing 1 lane Railroad subway, and 1 lane bridge to provide

access to Winter Park in Danville.

$5,400,000.00

1949. New York .............. Eastern Laurelton Area Improvements,

Queens.

$6,600,000.00

1950. Texas ..................... Construct grade-separation bridges at Wintergreen and Millers Ferry Roads in

Hutchins and at Pleasant Run and Millers

Ferry Roads, Wilmer.

$7,200,000.00
316

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High Priority Projects—Continued

No. State Project Description Amount

1951. Pennsylvania ......... Engineering, design and construction of an

extension of Park Avenue north to

Lakemont Park in Altoona.

$2,000,000.00

1952. Florida ................... Increase 4 lane road to a 6 lane segment on

Highway 98, Walton County.

$2,000,000.00

1953. New Jersey ............ Pedestrian facilities and street lighting on

Haddon Avenue from Voorhees Township

Line to Bate Avenue, Berlin Township.

$347,120.00

1954. Minnesota .............. Acquire right-of-way for reconstruction and

relocation of U.S. Highway 14 from CSAH

2 to Owatonna.

$12,000,000.00

1955. New York .............. Construct highway improvements necessary to

develop an industrial park in Lackawanna.

$2,000,000.00

1956. Alaska .................... Emergency evacuation road at Point Hope in

North Slope Borough.

$5,000,000.00

1957. Michigan ................ Rail Consolidation Phase II, City of Monroe $5,250,000.00

1958. New York .............. Road and pedestrian safety improvements on

Main Street, Village of Patchogue.

$1,400,000.00

1959. Ohio ....................... Construct connector between Crocker and

Stearns County Highways, Westlake and

North Olmsted.

$700,000.00

1960. Tennessee .............. Improve and relocate section of SR 66 from

I–81 in Jefferson County and extending to

SR 34 in Hamblen County via SR 160.

$2,750,000.00

1961. Ohio ....................... Calming of traffic on Greenfield St. in City of

Tiffin and improving intersection of Greenfield St. with Routes 18 and 101.

$1,700,000.00

1962. California ............... Realignment of La Brea Avenue to reduce

congestion, Inglewood.

$4,240,000.00

1963. Minnesota .............. Construct 1 mile of new roadway and a

bridge crossing the DM&IR railroad tracks,

and construct connector between CSAH 14

and CSAH 284, Proctor.

$3,280,000.00

1964. Georgia .................. Construct 5 ft. bicycle lanes to connect the

cities of Elberton and Lake Russell, and

rest stops for recreational use.

$1,250,000.00

1965. California ............... Construct fourth bore of Caldecott Tunnel on

Route 24.

$1,000,000.00

1966. Illinois ................... Prospect St. Project (Cambridge): Restoration and reconstruction of the central business district street.$1,200,000.00

1967. New York .............. Roadway improvements to Woodbury Rd. at

intersection with Syosset-Woodbury Rd.,

Nassau County.

$1,500,000.00

1968. New Jersey ............ Routes 1 and 9, Roadway Rehabilitation in

North Bergen.

$1,000,000.00

1969. New York .............. Construct and improve access roads to Northland Commerce Park, Buffalo.$1,500,000.00

1970. Massachusetts ....... Meridian Street Bridge: Replacement of the

Meridian Street bridge that crosses the

Green River, Greenfield.

$2,300,000.00

1971. Kansas ................... Highway construction project on K–18 in

Geary County, south 2.7 miles to I–70.

$13,970,000.00

1972. Pennsylvania ......... Schaefferstown Bypass, PA Route 501, Lebanon.$1,000,000.00

1973. North Carolina ...... Widen U.S. 401 to multilane facility between

Fayetteville and Fuquay-Varina.

$4,000,000.00

1974. Washington ........... North Sound Connecting Communities

Project Planning Funds.

$1,000,000.00

1975. Georgia .................. Construct Blue Jay Rd. to Highway 30 in

Effingham.

$2,500,000.00

1976. North Carolina ...... Widening of U.S. 501 from NC 49 in

Roxboro, North Carolina to the Virginia

State line, part on new location.

$10,000,000.00

1977. Maryland ............... Reconstruction of roadways in the East

Baltimore Biotechnology Park.

$6,000,000.00

1978. Ohio ....................... Construct additional lane to alleviate traffic

congestion on U.S. 40 in and adjacent to

St. Clairsville.

$800,000.00
317

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High Priority Projects—Continued

No. State Project Description Amount

1979. Missouri ................. Intersection improvement of Highway 45,

Highway K, and Union Chapel Road, in

addition to widening Highway 45.

$3,000,000.00

1980. Maryland ............... Interchange at Musgrove Road and Fairland

Road on U.S. 29.

$3,400,000.00

1981. California ............... Traffic signal upgrades on Bellflower Blvd. at

Alondra Blvd. and Rosecrans Ave., Bellflower.

$350,000.00

1982. Utah ...................... Virgin River Bridge, Washington City ........... $2,800,000.00

1983. Nebraska ............... Construction of a 2-lane roadway on new

alignment south and east of Louisville.

$1,626,400.00

1984. Florida ................... Ludlum Trail .................................................. $1,000,000.00

1985. New Jersey ............ Route 21 Improvements and bridge replacement in vicinity of Chester Avenue, Newark.$1,000,000.00

1986. Indiana .................. U.S. 231 new road construction in Spencer

and Dubois Counties.

$5,000,000.00

1987. South Carolina ...... Southern Conway Bypass (701 Connector) .... $5,000,000.00

1988. South Carolina ...... Railroad Avenue Extension, Road S–732,

Berkeley County.

$2,000,000.00

1989. Louisiana ............... Construct Mississippi River Trail and

Bikepath, New Orleans.

$500,000.00

1990. Washington ........... Preliminary engineering and EIS for I–5

from SR 500 WA crossing the Columbia

River, to Marine Drive in OR.

$10,000,000.00

1991. New York .............. Improvements to the intermodal transportation on the Jacobi Campus, 1400 Pelham

Park.

$250,000.00

1992. Texas ..................... Pedestrian improvements and traffic control

projects in the central business district of

downtown El Paso.

$2,000,000.00

1993. Alabama ................ 4-laning of U.S. 278 from I–65 to U.S. 231 $3,000,000.00

1994. Kansas ................... Construct bike/pedestrian path along K–10

between Douglas and Johnson Counties.

$500,000.00

1995. Florida ................... Construction and 4-laning of State Road 80

in Hendry County, FL.

$1,000,000.00

1996. Missouri ................. Upgrade interchange at I–170 and Ladue

Road (Ladue, MO).

$2,000,000.00

1997. Maryland ............... Funding for Baltimore City to begin development of a City Transportation Management Center utilizing ITS.$1,000,000.00

1998. Texas ..................... Environmental mitigation and wetland protection funding for U.S. 290 to U.S. 59 (The

Grand Parkway) and right-of-way funding

for U.S. 290 to SH 249 and I–45 to U.S.

59.

$14,000,000.00

1999. Arkansas ............... Improvement of Highway 65b–North, Pine

Bluff.

$3,200,000.00

2000. Texas ..................... Loop 49: Construct a new location 4-lane divided controlled access facility from SH

155 to SH 31.

$6,100,000.00

2001. California ............... Construct State Route 905 to connect the

Otay Mesa Port of Entry to I–805, San

Diego.

$15,000,000.00

2002. Washington ........... Improvements at I–5 and 134th Street and

arterial network linking I–5 and I–205.

$12,354,000.00

2003. Florida ................... North Access Road/International Airport

Boulevard in Duval County.

$5,000,000.00

2004. Ohio ....................... Construct a 4 lane limited access road to link

Newcomerstown and Cadiz.

$750,000.00

2005. Alaska .................... Westside development Williamsport-Pile Bay

Road.

$5,000,000.00

2006. Massachusetts ....... Engineering and construction of the Chelsea

St. Bridge, Boston.

$8,000,000.00

2007. Oregon ................... Widen Delauro Road and add a bike lane in

both directions, Clatsop County.

$90,000.00

2008. Iowa ....................... Build extension to U.S. 20 Mississippi River

Bridge in Dubuque County.

$25,000,000.00
318

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2009. Mississippi ............. Upgrade roads in Attala County District 4

(Roads 4211 and 4204), Kosciusko, Ward

3 (U.S. Highway 16), and Ethel (U.S.

Highway 12), Attala County.

$1,300,000.00

2010. California ............... Pedestrian safety improvements on State

Highway 62 in Yucca Valley.

$1,000,000.00

2011. Alaska .................... Construct access road and a bridge crossing

the Naknek River terminus points in South

Naknek-King Salmon Highway.

$5,000,000.00

2012. California ............... Construct Illinois Street Bridge/Amador

Street Connection and Improvements, San

Francisco.

$5,000,000.00

2013. Michigan ................ Commerce, widen Haggerty Rd. from 14 mile

to Richardson.

$2,000,000.00

2014. South Carolina ...... North Rhett Boulevard Extension to U.S.

Highway 52, Berkeley County.

$7,000,000.00

2015. Michigan ................ Allen Road Highway-Rail Grade Separation

under CN Railroad, City of Woodhaven.

$3,000,000.00

2016. Pennsylvania ......... Complete the reconstruction of roadways

around the David L. Lawrence Convention

Center.

$1,000,000.00

2017. Oklahoma .............. Construct Texanna Road Improvements from

Highway 69 to Highway 71, McIntosh

County.

$2,000,000.00

2018. New Mexico ........... Construct Fairgrounds Road in Alamogordo $5,000,000.00

2019. New York .............. Reconstruction of Times and Duffy Squares,

New York City.

$1,500,000.00

2020. Florida ................... U.S. Highway 19 North, Pinellas County ...... $10,000,000.00

2021. Maryland ............... MD 70/Rowe Boulevard Bridge. Funding to

undertake environmental mitigation work

on Weems Creek associated with bridge reconstruction.

$2,000,000.00

2022. Alabama ................ Extension of I–565 westward from existing

interchange to existing Tennessee River

bridges at Decatur, AL.

$5,000,000.00

2023. Washington ........... San Juan Boulevard Project, Bellingham ...... $4,000,000.00

2024. Oklahoma .............. Reconstruct the I–44/Fort Sill Key Gate

Interchange.

$1,000,000.00

2025. New York .............. Improve safety measures at railroad grade

crossings on the West Shore River Line,

Rockland County.

$1,000,000.00

2026. Oregon ................... Improve Millican/West Butte Road which

connects U.S. Highway 20 with U.S. Highway 126.

$2,000,000.00

2027. California ............... Construct Alviso Bay Trail project, a 1.3 mile

trail from Gold Street to San Tomas

Aquino Creek, Santa Clara County.

$800,000.00

2028. Kentucky ............... Reconstruct KY 750 from KY 3105 to U.S.

23, Raceland.

$500,000.00

2029. Illinois ................... Upgrade Missouri Ave. from 1st St. to 10th

St., East St. Louis.

$2,500,000.00

2030. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of IS 72/PS 69.

$250,000.00

2031. California ............... Improvements (including arterial street rehabilitation) to enhance traffic and pedestrian

safety in the Sherman Oaks community,

Los Angeles.

$214,000.00

2032. Georgia .................. Install walkways, lighting, landscaping in

Water Works Park and south along river

through Ocmulgee National Monument and

Central City Park.

$4,500,000.00

2033. California ............... Reconstruct 1.1 miles of Long Beach Blvd.

from Imperial Highway to Tweedy Blvd.,

Lynwood.

$2,200,000.00

2034. Michigan ................ Overlay of Fairview Road to improve network

of all-season Truck routes, Ogemaw County.

$369,600.00
319

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2035. Washington ........... I–90, Spokane to Idaho State Line Widening:

Construct 2 general purpose lanes from

Sprague Avenue in City of Spokane to

Idaho State Line.

$5,000,000.00

2036. Texas ..................... Greater Galveston Bay Area cooperative development for landscape beautification,

hike & bike trail extension, and extension

of current trails.

$2,000,000.00

2037. Virginia ................. Blue Ridge Travel Association/establishment

of website providing information including

trails and road systems within the region.

$250,000.00

2038. South Carolina ...... Construct intersection and corridor improvements to U.S. 278 to include widening and

traffic control improvements.

$6,500,000.00

2039. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Niota, TN.

$99,000.00

2040. Arkansas ............... Improve Ashley 70 and Marais Saline roads

in Ashley County.

$500,000.00

2041. Ohio ....................... Construct proposed connection SR 207, SR

104, and U.S. 23 in Ross County.

$2,000,000.00

2042. Indiana .................. Construct an economic thoroughfare parallel

to I–69 in the City of Anderson, IN.

$2,000,000.00

2043. Washington ........... Cascade Gateway Coordination of Binational

Planning; The International Mobility and

Trade Corridor Project.

$1,300,000.00

2044. Illinois ................... City of Peoria Riverfront area street improvements.$800,000.00

2045. New Mexico ........... Mesa Del Sol: Improve and renhance access

to existing county recreational complex and

the new Mes Del Sol development.

$3,000,000.00

2046. California ............... Replace Route 1 San Pedro Creek bridge,

Pacifica.

$1,500,000.00

2047. Massachusetts ....... Reconstruction of Union St. and Route

138W, Holbrook.

$1,800,000.00

2048. New York .............. Construction of and improvements to highway/rail grade crossing at Harrington Road

in the Town of Sheridan.

$500,000.00

2049. California ............... The Foothill South Project will construct 16

miles of a 6 lane limited access highway

system.

$10,000,000.00

2050. Florida ................... Roadway and drainage improvements in the

City of Key West to reduce street flooding.

$2,000,000.00

2051. New Jersey ............ Route 46 Little Ferry Traffic Circle Elimination, Roadway and Drainage Improvements.$1,500,000.00

2052. California ............... Planning, engineering, and construction of a

tunnel on SR 75/282 to Naval Air Station.

San Diego.

$5,000,000.00

2053. Massachusetts ....... Replace Cross Street Bridge spanning the

flood-prone Aberjona River, Winchester.

$1,000,000.00

2054. Georgia .................. Widening of SR 196 in Liberty County ......... $1,000,000.00

2055. Illinois ................... Annie Glidden Rd. (DeKalb): Widen the 2-

lane road to 5 lanes with intersection improvements.

$8,000,000.00

2056. Mississippi ............. Highway 45 Bypass/provides a 4-lane alternative to Highway 45 in Columbus.$6,000,000.00

2057. New York .............. Construction of ferry terminals and ferry

boats for Haverstraw, Yonkers, and Manhattan.

$1,500,000.00

2058. California ............... Construct road from Mace Blvd. in Yolo

County to federally supported Pacific

Flyway wildlife area.

$1,000,000.00

2059. New York .............. Construction of roadways to improve access

to waterfront at Erie Street in Buffalo.

$1,500,000.00

2060. Washington ........... Route analysis for a planned community

pathway through Chehalis.

$50,000.00

2061. California ............... Improve access roads to Beale Air Force

Base (Spenceville, Smartville, HammontonSmartville, and North Beale Roads).

$6,500,000.00

2062. Mississippi ............. Canal Road intermodal connector, Gulfport ... $8,000,000.00
320

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2063. Iowa ....................... Reconstruction and relocation of U.S. 30

from 4.5 miles west of Toledo to 1 mile

east of Tama.

$4,000,000.00

2064. Nebraska ............... Highway grade separation structure across

the BNSF/FEVR railroad corridor in the

western part of the City of Fremont.

$1,807,300.00

2065. Illinois ................... Construct Illinois Route 336 from Macomb to

Peoria.

$2,000,000.00

2066. Pennsylvania ......... Schuylkill River Gateway project enhancing

bridge and roadway structures connecting

Center City and University City for pedestrians, bicyclists, and motorists.

$1,250,000.00

2067. North Carolina ...... Add interchange on I–26 north of NC 146

and south of the Blue Ridge Parkway.

$5,000,000.00

2068. Virginia ................. Widen Route 7 from Reston Parkway to Rolling Holly Drive.$6,000,000.00

2069. Mississippi ............. Upgrade roads in Beauregard (U. S. Highway 51), Crystal Springs (U.S. Highway

51 and I–55), and Hazelhurst (U.S. Highway 51 and I–55), Copiah County.

$1,000,000.00

2070. California ............... Conduct Study and Construct Lammers Rd./

I–205 Widening and Interchange Project,

Tracy, CA.

$1,000,000.00

2071. Maryland ............... Design ramp from I–495 to MD 4 and signalized intersection.$3,500,000.00

2072. Oregon ................... Add a southbound lane to section of I–5 between Delta Park and Lombard.$5,000,000.00

2073. Minnesota .............. Reconstruction of CSAH 4 and CSAH 5

(Forest Highway 11) between CSAH 15

and Trunk Highway 61, Silver Bay.

$1,740,000.00

2074. California ............... Upgrade Kanan Road interchange at U.S.

101 (Agoura Hills) to improve safety and

accessibility.

$5,000,000.00

2075. Washington ........... U.S. 395, Spokane to Stevens County Line

Widening: Construct U.S. 395 from milepost 172.6 to Stevens County line just

north of Deer Park, WA.

$1,000,000.00

2076. Georgia .................. Upgrade sidewalks and lighting, Lyons .......... $709,098.00

2077. Ohio ....................... Construction of new roadway intersecting

Chestnut St. and Paradise St. and modifications to Chestnut St. and Paradise St.

in the City of Orville.

$6,004,400.00

2078. Georgia .................. Extend East Greene Street, install street

lights, utilities, and landscaping,

Milledgeville.

$500,000.00

2079. Wisconsin .............. Construct Michigan Street Bridge in Sturgeon Bay, WI.$5,000,000.00

2080. Missouri ................. Complete the upgrade of Highway 60 to 4

lanes from Willow Springs to Van Buren.

$10,000,000.00

2081. Ohio ....................... Deconstruct the Bellaire Highway Bridge

which connects Bellaire, OH and Benwood,

WV.

$1,700,000.00

2082. California ............... Construction of interchange at State Highway 86 and Ave. 50 in Coachella, CA.$1,000,000.00

2083. Virginia ................. Preliminary engineering for Hampton Roads

Third Crossing.

$3,000,000.00

2084. Arizona .................. Improve 15 miles of Navajo Route 16 in the

Navajo Mountain Community.

$2,000,000.00

2085. New Hampshire .... Construction of interchange on I–93. The

project is not part of a larger system. But,

will be compatible with the NHDOT I–93

widening project.

$2,500,000.00

2086. Vermont ................. Construction of the St. Albans intermodal

connector roadway with I–89 for the City

of St. Albans.

$1,200,000.00

2087. Illinois ................... Widen Algonquin Rd. to 4-lane divided highway in McHenry County, IL.$4,000,000.00
321

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2088. Mississippi ............. Upgrade roads in Itta Bena (U.S. Highway

82 and 7) and in vicinity of Viking Range

Corp. (U.S. Highway 7 and 49), Leflore

County.

$1,500,000.00

2089. New York .............. Improvements to Robinson Ln. and Lake

Walton Rd. at Route 376 in Town of East

Fishkill.

$500,000.00

2090. Hawaii ................... Conduct study of East Hawaii Alternative

Road, Island of HI.

$250,000.00

2091. Washington ........... Tukwila Urban Access/address necessary improvements to Southcenter Parkway in

Tukwila to relieve congestion.

$1,000,000.00

2092. California ............... Quincy-Oroville Highway Rehabilitation/provides for 9.5 miles of pavement rehabilitation, culvert replacements, guardrail installation, signing and stripping in Plumas

County.

$1,000,000.00

2093. New Jersey ............ Route 33 from Route 35 to Route 71, widening existing roadway, sidewalks, left turn

lanes, signage and drainage, Neptune.

$2,000,000.00

2094. Missouri ................. Ogden Ave. improvements/property acquisition, design and engineering, and enhanced

streetscapes for bike and pedestrian traffic,

St. Louis County.

$400,000.00

2095. California ............... Interchange improvements at Rice Avenue

and U.S. Highway 101, City of Oxnard.

$3,000,000.00

2096. New Jersey ............ Pedestrian walkway improvements across 3

bridges over I–280, Orange.

$1,000,000.00

2097. Arizona .................. Pave 12 miles of Pine Springs Road, N 9010,

on the Navajo Nation.

$3,300,000.00

2098. California ............... Utilize funds over a 4-year period to reconstruct and deep-lift asphalt on various

roads throughout the district in Santa Barbara County.

$4,644,000.00

2099. Minnesota .............. Lyndale Avenue Bridge Project, Richfield ..... $7,000,000.00

2100. Virginia ................. Route 635 Bridge Over Southern Railway,

Orange County.

$500,000.00

2101. New York .............. Construct Safe Routes to Schools projects,

New York City.

$3,000,000.00

2102. Nevada .................. Design and Construct Hoover Dam Bypass

Extension, Boulder City, NV.

$6,000,000.00

2103. Texas ..................... Construct pedestrian trail from Pasadena

Heritage Park to Memorial Park, then continue south along Vince Bayou to Strawberry Park.

$150,000.00

2104. Pennsylvania ......... Widening of 4.5 miles of northbound Rte 28

at Yutes Run Rd. for the Frazer Mills

Project.

$1,500,000.00

2105. Illinois ................... Construct parking facility, LaGrange ............. $3,700,000.00

2106. Ohio ....................... Replace the Edward N. Waldvogel Viaduct .... $8,000,000.00

2107. Georgia .................. Install sidewalks on Highway 23 from Dykes

Street to Sarah Street, Cochran.

$300,000.00

2108. North Carolina ...... 10th St. Connector in Greenville, NC: Widen

Farmville Blvd. from Memorial Dr. to 14th

St. and extend from 14th St. to 10th St.

$12,000,000.00

2109. Florida ................... Construction and right-of-way activities for

SR 548, In-Town Bypass in Lakeland, FL.

$6,000,000.00

2110. Oklahoma .............. Construct SH 28 Improvements from I–44 to

Langley.

$2,300,000.00

2111. Ohio ....................... Rehabilitate tunnel and bridge on National

Road Bikeway in St. Clairsville.

$700,000.00

2112. Ohio ....................... Ashtabula County MetroParks completion of

bicycle trails project.

$1,000,000.00

2113. Hawaii ................... Design/engineering of Puainako Street .......... $1,500,000.00

2114. Virginia ................. Expansion of South Airport Drive near Richmond International Airport.$500,000.00

2115. North Carolina ...... Construction of a hard surface road that will

establish a new port access point to receive

and dispatch trucks from/to U.S. 74/76,

U.S. 421, and U.S. 17S.

$3,000,000.00
322

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2116. Minnesota .............. City of Moorhead SE Main GSI, 34th St. and

I–94 Interchange, and Moorhead Comprehensive Rail Safety Program.

$2,600,000.00

2117. Nevada .................. Enhancement to ReTrac project that provided for separation of 11 street crossings

through downtown Reno.

$1,000,000.00

2118. New York .............. Improve NY 112 from Old Town Road to NY

347.

$10,000,000.00

2119. California ............... Construct 213th Street pedestrian bridge to

provide safe passage for pedestrians and

wheelchairs, Carson.

$1,050,000.00

2120. Connecticut ........... Construct additional southbound Route 8 Entrance Ramp at Exit 11 in Shelton, CT.$1,500,000.00

2121. Virginia ................. Cranesnest Trail/construction of 16 mile hiking, biking, horse trail from Route 83 to

Cranesnest Campground.

$650,000.00

2122. Maryland ............... Reconstruction of MD 175 from the

Baltimore-Washington Parkway to MD

170 (Telegraph Road).

$2,000,000.00

2123. Ohio ....................... City of Tiffin/Sarah St. along St. Route 18

and 101 to calm traffic.

$2,600,000.00

2124. New Jersey ............ Road improvement to improve the intersection of Route 173, Pittstown Road, and I–

78, Franklin Township of Hunterdon

County.

$1,650,000.00

2125. Alabama ................ Huntsville Southern Bypass from I–565

through Redstone Arsenal to U.S. Highway

231.

$3,000,000.00

2126. Michigan ................ Widen Maple and Orchard Lake Roads at

Northwestern Highway intersections.

$5,000,000.00

2127. Montana ................ Bozeman Parking Facility .............................. $5,000,000.00

2128. New Hampshire .... Relocation of the intersection of Route 103

and North Street and the reconstruction of

North Street in Claremont, NH.

$2,680,000.00

2129. Washington ........... SR 35/Columbia River Crossing Environmental Impact Statement completion,

Klickitat County.

$800,000.00

2130. Utah ...................... Southern Corridor, St. George ........................ $4,000,000.00

2131. Oregon ................... Construction of roadway facilities at the

Tualatin River National Wildlife Refuge.

$60,000.00

2132. Pennsylvania ......... State Street and Mulberry Street Bridge

Lighting project, Harrisburg.

$4,000,000.00

2133. Florida ................... Widening and improvement of State Road 64

from Lakewood Ranch Boulevard to Lorraine Road.

$2,000,000.00

2134. Idaho ..................... A widening project at the Sunnyside IC located on I–15 between mileposts 113 and

116.

$4,500,000.00

2135. Indiana .................. Riverfront trail, community gathering space

and safe passage for pedestrians linking

Noblesville to the White River Trails in

Hamilton County.

$500,000.00

2136. Louisiana ............... Upgrade I–49 South from Lafayette, Louisiana to New Orleans, LA.$3,500,000.00

2137. Tennessee .............. New 5-lane connector north of the City of

Elizabethton, Carter County, located within

Urbanized Area Boundary of Johnson City.

$500,000.00

2138. Georgia .................. Link U.S. 84 with Hinesville downtown redevelopment via Memorial Drive.$1,200,000.00

2139. Pennsylvania ......... PA Route 61 safety improvements, Leesport

Borough/Ontelaunee/Muhlenburg.

$3,000,000.00

2140. California ............... Builds a pedestrian bridge from Hiller Street

to the Bay Trail, Belmont.

$2,000,000.00

2141. Michigan ................ Transportation Aesthetics project in City of

Durand, includes new curb and gutter.

$500,000.00

2142. Illinois ................... Dixon Riverfront Plan: Development of a coordinated trail system, parking, and trial

system.

$3,200,000.00
323

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2143. California ............... Develop conceptual master plan including

economic analysis and environmental study

to improve the efficiency of transportation

facilities, Covina.

$215,000.00

2144. California ............... Streetscape improvements at E. 14th/Mission

Blvd., Alameda County.

$1,250,000.00

2145. Utah ...................... Cottonwood and Winchester Intersection,

Murray City.

$5,000,000.00

2146. Massachusetts ....... Southwick and Westfield Rail Trail. Construction of a 9.5 mile multi-use trail,

Southwick and Westfield.

$5,000,000.00

2147. Florida ................... For land acquisition and construction of the

Englewood Interstate Connector, a vital

evacuation route for Sarasota, Charlotte

and Lee Counties.

$4,000,000.00

2148. Illinois ................... Engineering and construction of the 15.1

mile Alliance Trail from LaSalle to Bureau

Junction.

$1,000,000.00

2149. Texas ..................... Construct Hidalgo County Loop ..................... $2,000,000.00

2150. Pennsylvania ......... Flyover ramps at SR 837/Center Street to

Industrial Drive and SR 148/Coursin

Street to Industrial Drive, McKeesport/

Duquesne.

$9,000,000.00

2151. Virginia ................. Widen Route 820 in Bergton .......................... $1,200,000.00

2152. Idaho ..................... A project to directly contribute to completed

and future improvements to U.S. 30 from

I–15 from milepost 363.8 to milepost

365.9.

$5,000,000.00

2153. New Jersey ............ Perth Amboy Route 440/State St. Interchange.$5,000,000.00

2154. District of Columbia.Rock Creek Recreational Trail study to assess

feasibility of constructing recreation trail.

$1,000,000.00

2155. Ohio ....................... Construction/improvements of Lake County

Highway Administration Center in Madison Village.

$500,000.00

2156. Kansas ................... Reconstruct U.S. 69 between 87th Street and

119th Street, City of Overland Park.

$2,000,000.00

2157. Virginia ................. Concept design and scope for a slip ramp

from E. Eisenhower Valley area of Alexandria.

$500,000.00

2158. Oregon ................... BNSF Intermodal Hub for improved traffic

flow, safety, and the construction of a

turnout lane parallel to NW Yeon Avenue,

Portland.

$200,000.00

2159. Virginia ................. Whitetop Station/completion of renovation of

Whitetop Station (which serves as trailhead

facility), including construction of trail.

$100,000.00

2160. West Virginia ........ Upgrade Route 10, Logan County ................. $5,000,000.00

2161. California ............... Construct Guadalupe River Trail project from

highway 237 to I–880, San Jose.

$5,500,000.00

2162. Texas ..................... Tower 55 CMAQ Congestion and Preliminary

Engineering Study.

$2,000,000.00

2163. Illinois ................... Upgrade traffic signalization on Sheridan

Road from Hollywood to Juneway, Chicago.

$1,500,000.00

2164. Massachusetts ....... Reconstruct Route 24/Route 140 Interchange, replacing bridge and ramps, widening lanes, extending acceleration and deceleration lanes.$8,700,000.00

2165. New York .............. Construct turning lane on Route 55 at Gardner Hollow Rd. in Town of Beekman, NY.$560,000.00

2166. Illinois ................... Replace bridge structure over Wabash River

between Mt.Carmel, IL and Princeton, IN.

$7,200,000.00

2167. Kansas ................... Construct K–10/Lone Elm Road interchange,

Lenexa.

$3,000,000.00

2168. Oregon ................... Barber Road extension, Wilsonville ................ $1,000,000.00

2169. Texas ..................... Bicycle and pedestrian trail network southeast Austin, including McKinney Falls

Trail, Pierce Lane Link, Onion Creek

Trail, and Southern Walnut Creek Trail.

$9,000,000.00
324

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2170. Florida ................... Link I–95 in St. Johns County to I–10 in

Duval County with a 4-lane freeway running through Clay County.

$3,000,000.00

2171. Arizona .................. Improve I–40 at the Country Club Interchange in East Flagstaff, AZ.$7,500,000.00

2172. Illinois ................... Construct Bike paths, Madison County .......... $3,200,000.00

2173. Pennsylvania ......... PA 72 corridor improvements from PA 283

to PA Turnpike. Connect with PA 283.

$600,000.00

2174. New York .............. Bicycle and pedestrian safety improvements

on Main Street, Riverhead.

$1,200,000.00

2175. Georgia .................. Pedestrian streetscape project, including

curbs, bicycle parking, and landscaping, to

revitalize downtown Locust Grove.

$1,000,000.00

2176. New Jersey ............ Project will fund improvements along County

Route 523 corridor from Village of Oldwick

south to U.S. 22 in the ReadingtonTewksbury, Improvement District.

$500,000.00

2177. Kentucky ............... Newtown Pike extension from West Main

Street to South Limestone Street, Lexington.

$5,250,000.00

2178. Louisiana ............... Construct improvements to I–10 interchange

with Ryan Street, Lake Charles.

$4,500,000.00

2179. New York .............. Construction of and improvements to Route 5

in the Town of Hamburg.

$500,000.00

2180. Minnesota .............. TH 38 reconstruction from Itasca CSAH 19

to Marcell.

$4,425,942.00

2181. Maryland ............... Baltimore-Washington Maglev Demonstration

Project will demonstrate capabilities of

Maglev technology.

$200,000.00

2182. Nebraska ............... Upgrade Cuming Street and U.S. 75 entrance ramp, Omaha.$4,000,000.00

2183. Texas ..................... South Orient Rail economic and rehabilitation

Project.

$3,000,000.00

2184. Illinois ................... City of Bartonville, Street widening and improvements and sidewalk improvements.$800,000.00

2185. Mississippi ............. I–59, U.S. Highway 84, and State Highway

15 interchange, Laurel.

$2,120,000.00

2186. Georgia .................. Streetscape project to install sidewalks and

bicycle trails, Gray.

$500,000.00

2187. Massachusetts ....... Realignments and reconstruction of a section

of Route 32 in Palmer to the Ware town

line.

$4,000,000.00

2188. Maryland ............... I–81 Improvements South of I–70 to North

of Halfway Blvd.

$1,000,000.00

2189. Georgia .................. Streetscape (pedestrian safety enhancements,

sidewalks, curb replacement, landscaping,

restoration, ADA compliance, restoration),

Thomasville.

$500,000.00

2190. Maryland ............... Land acquisition for highway mitigation in

Cecil and Worcester.

$14,800,000.00

2191. Michigan ................ Construct Industrial Park Service Road and

Caine Road Bridge Replacement,Village of

Millington, Tuscola County.

$416,000.00

2192. Minnesota .............. 8th Street right-of-way acquisition for

Stearns Country Road expansion and realignment.

$4,000,000.00

2193. California ............... For environmental review and preliminary engineering for a freeway-to-freeway interchange connecting I–5 to State Route 78.$5,000,000.00

2194. Pennsylvania ......... Identify multi-modal commercial and military

freight corridors in PA. Part of PA Reg.

Agile Port Intermodel Distribution Sys.

Philadelphia.

$500,000.00

2195. California ............... The Esplanade improvements to reduce pedestrian/bicycle/automobile traffic congestion and improve oceanfront access, Redondo Beach.$1,000,000.00

2196. New York .............. Create overpass at Peruville Road to address

intersection safety issues.

$4,432,000.00
325

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2197. Missouri ................. Rehabilitate and widen Route 71 from Route

W to Blue Ridge Blvd., Grandview Triangle.

$2,000,000.00

2198. Minnesota .............. City of East Grand Forks 13th Street Extension.$1,200,000.00

2199. Illinois ................... Illinois Prairie Path (Wayne): Construction of

a new bicycle/pedestrian bridge.

$1,200,000.00

2200. Illinois ................... Upgrade Pioneer Parkway in Peoria .............. $800,000.00

2201. New York .............. Design and Construction of an enhancement

project within the Erie Canal Aqueduct in

downtown Rochester.

$1,500,000.00

2202. Kentucky ............... A 20-mile priority design segment of the

route from Campbellsville to Columbia.

$2,000,000.00

2203. Illinois ................... Pre construction activities, IL 8 upgrades

from East Peoria to Washington.

$800,000.00

2204. Pennsylvania ......... Design and construct interchange improvements including sound barriers at I–83,

Exit 19, or other projects designated by

York County MPO.

$6,000,000.00

2205. Alabama ................ Valleydale Road widening from U.S. 31 to I–

65 (Shelby County Rd. 17).

$5,000,000.00

2206. New Jersey ............ Route 21 congestion relief improvements/

Murray Street to Green Street, Newark.

$900,000.00

2207. Wisconsin .............. Construct Highway 32/Claude Allouez Bridge

in DePere, WI.

$500,000.00

2208. New York .............. Construction of a Greenway along the waterfront, the Village of Irvington in Westchester.$200,000.00

2209. Michigan ................ Repaving a portion of H–58 between Sullivan

Creek towards Little Beaver Road, Alger

County.

$1,600,900.00

2210. Illinois ................... The widening of Midlothian Road including

signalization and pedestrian crosswalk installation at the entrance of Lake Zurich

High School.

$480,000.00

2211. New York .............. Improve the Bronx River Greenway Bronx

Park East Pathways.

$800,000.00

2212. Florida ................... Wekiva Parkway in Orange, Seminole and

Lake Counties, FL.

$5,000,000.00

2213. Kentucky ............... Reconstruct KY 244 from KY 3105 to the

railroad underpass, Raceland.

$500,000.00

2214. Pennsylvania ......... Design and construct and upgrade the interchange of U.S. 15 and U.S. 30 in Adams

County.

$4,000,000.00

2215. Iowa ....................... Acquire right-of-way, widen, resurface, and

replace 3 bridges on IA T14, 22 to IA 80.

$500,000.00

2216. Illinois ................... Improve roads and bridges, Cook County ...... $5,000,000.00

2217. Florida ................... Arlington Expressway Access Road, Jacksonville.$1,500,000.00

2218. California ............... Construct a soundwall along Esperanza Road

in the City of Yorba Linda.

$2,000,000.00

2219. Illinois ................... Reconstruct Lakeshore Drive overpass over

Lawrence Avenue, Chicago.

$1,500,000.00

2220. New Jersey ............ Quinn Road widening, Little Falls ................. $2,500,000.00

2221. Virginia ................. Study to upgrade U.S. Route 460 in the Petersburg/Hampton Roads Corridor from

approximately I–295 to Bowers Hill including an evaluation of rail.

$5,500,000.00

2222. Louisiana ............... Construct frontage streets along I–10, Crowley.$1,100,000.00

2223. Oregon ................... Connect Boeckman Road to Tooze Road,

Wilsonville.

$3,000,000.00

2224. Mississippi ............. U.S. Highway 49 Interchange/Seminary: U.S.

Highway 49 Interchange with SR 589 and

590 at Seminary to significantly reduce

congestion and accidents.

$500,000.00

2225. Kansas ................... Highway construction project on U.S. 54/400

for 4 miles west of Pratt-Kingman County

line.

$12,000,000.00
326

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2226. Wyoming ............... Casper Bypass: Reconstruct Old Yellowstone

Highway from David to Poplar St., and

2nd St. from David St. to E Yellowstone

Highway.

$3,000,000.00

2227. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Athens, TN.

$59,000.00

2228. Pennsylvania ......... Deploy an Intelligent Transportation System

by the Montgomery County Planning Commission.

$4,000,000.00

2229. California ............... Montclair Monte Vista Avenue grade separation along Alameda Corridor East.$2,000,000.00

2230. Kentucky ............... 2 new bridges over Ohio River and reworking

I–65/I–64/I–265 interchange.

$35,000,000.00

2231. Illinois ................... Undertake traffic mitigation and circulation

enhancements on 57th and Lake Shore

Drive, Chicago.

$3,000,000.00

2232. New York .............. Construct pedestrian waterfront walkway,

Kingston.

$1,600,000.00

2233. Louisiana ............... Plan and construct bike/pedestrian crossings

of Washington-Palmetto Canal in the vicinity of Xavier University, New Orleans.

$3,000,000.00

2234. California ............... Study to evaluate traffic implications resulting from the proposed re-alignment of

Nutwood Avenue, Fullerton.

$500,000.00

2235. New Jersey ............ Project will rehabilitate existing structure at

the Bridge Street bridge over the CSX

Railroad Trenton line in Manville, Somerset County.

$500,000.00

2236. Massachusetts ....... Assabet River Rail Trail design and construction.$700,000.00

2237. Pennsylvania ......... Transportation enhancements along the Delaware Canal between Yardley, PA and Bristol, PA.$1,000,000.00

2238. Texas ..................... Construct a loop at 201 beginning at SH 195

and terminate at connection to FM 3841,

Bell County.

$4,000,000.00

2239. Montana ................ Pave MT Secondary 323 from Ekalaka to

Alzada.

$23,000,000.00

2240. California ............... Salinas Airport Boulevard/Highway 101

interchange/new 4 lane overpass with 2

lanes each direction, new approaches, new

southbound on/off ramps, bicycle lanes.

$3,670,000.00

2241. Illinois ................... Eastern Peoria Bypass and Bridge (ring

road) study and land acquisition.

$1,600,000.00

2242. Texas ..................... 9–1–1 Crash Demonstration Project providing communication between crash subject and first responders/EMS.$2,000,000.00

2243. Rhode Island ......... Replace I–195 Washington Bridge Eastbound $3,000,000.00

2244. Arkansas ............... Improvements to Rena Road in Van Buren ... $1,500,000.00

2245. Ohio ....................... Upgrade State Route 82/State Route 46

interchange, Trumbull County.

$2,000,000.00

2246. New York .............. Improve SCCC roads, Fallsburg ..................... $1,500,000.00

2247. New York .............. Implement Pedestrian Safety Improvements

on Queens Boulevard.

$500,000.00

2248. Illinois ................... Implement ITS and congestion mitigation

project on I–294 and I–90.

$5,000,000.00

2249. California ............... Upgrade and reconstruct the I–80/I–680/SR

12 Interchange, Solano County.

$21,000,000.00

2250. West Virginia ........ Connect existing RHL Boulevard to State

Route 601 (Jefferson Road).

$750,000.00

2251. North Carolina ...... Upgrade U.S. 158 to construct a multilane

facility between I85 and I95.

$2,600,000.00

2252. Florida ................... Keys Endangered Species Habitat Protection $1,000,000.00

2253. Louisiana ............... Widen and improve LaPlaco Boulevard from

Bayou Segnette to U.S. 90, Jefferson Parish.

$3,500,000.00

2254. Illinois ................... Improve U.S. Route 34 from Kewanee to

Kentville Road.

$500,000.00

2255. Florida ................... Florida Keys Overseas Heritage Trail ............ $500,000.00
327

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2256. Georgia .................. Reconstruct roadways to add bicycle lanes or

bike-able road shoulders, Atlanta.

$2,000,000.00

2257. Illinois ................... Upgrade County Highways 18 and 22 in conjunction with I–57 interchange plan north

of Mattoon.

$2,000,000.00

2258. Massachusetts ....... Improvements to Kenmore Square Station

and Commonwealth Avenue between Amory

Street and Packard’s Corner, Boston.

$5,000,000.00

2259. California ............... Four-lane overpass for Mission Blvd. grade

separation project, City of Pomona.

$4,400,000.00

2260. Louisiana ............... Construct LA 1 at Port Fourchon, Louisiana $3,000,000.00

2261. Tennessee .............. Extension of bicycle and pedestrian trail,

LaVergne.

$1,500,000.00

2262. North Carolina ...... Upgrade existing U.S. 220/I–73/74 from

south of NC 134 U.S. 220 Business to

North of Park Drive Extension.

$6,600,000.00

2263. Hawaii ................... Construct access roads to Kahului Airport .... $600,000.00

2264. California ............... Improve SR 219 to 4-lanes in the cities of

Riverbank, Oakdale and Modesto.

$2,000,000.00

2265. Indiana .................. Correct visibility problems and sharp grade

changes at SR 332 and Nebo Road intersection in Delaware County, IN.

$650,000.00

2266. Iowa ....................... Complete construction of Phase 6 of U.S.

Highway 6 in Coralville, IA.

$900,000.00

2267. Minnesota .............. MNTH 169 safety improvements from City

of Virginia to Ely/Winton.

$14,300,000.00

2268. New Jersey ............ Reconstruct roadways in Union County/Elizabeth/Kapowski Road Area Project.$5,000,000.00

2269. Vermont ................. Construction and rehabilitation of the Cross

Vermont Trail for the Cross Vermont Trail

Association.

$1,386,000.00

2270. Ohio ....................... Widening from 2 lanes to 5 lanes between

Woodlawn Ave. and Whipple Ave. in Jackson Township.

$2,000,000.00

2271. Michigan ................ Planning and Engineering for The American

Road, The Henry Ford Museum, Dearborn.

$1,500,000.00

2272. Arkansas ............... Sidewalks in Altus .......................................... $40,000.00

2273. New Jersey ............ Provide an alternate Route for traffic passing

through congested State Route 31 corridor

in the Flemington Area.

$2,000,000.00

2274. Maryland ............... Bridge rehabilitation of Hanover Street and

Pennington Avenue drawbridges, Baltimore.

$3,000,000.00

2275. Connecticut ........... Construct Shoreline Greenway, Madison,

Guilford, Branford and East Haven.

$1,500,000.00

2276. Texas ..................... Reconstruction of Clinton Dr. from Federal

Rd. to N. Wayside Dr., an intermodal

freight artery near Port of Houston.

$9,500,000.00

2277. Texas ..................... Study, design and construct new border

crossing and facilities/Donna/Rio Bravo

International Bridge.

$2,000,000.00

2278. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Philadelphia, TN.

$99,000.00

2279. Oklahoma .............. Construction of Duncan Bypass Grade Separation.$3,000,000.00

2280. Florida ................... Clark Road Clover Leaf at I–95, Jacksonville $5,000,000.00

2281. Pennsylvania ......... Improvements to Plank, Otts, Meyers, and

Seitz roads in Mongomery County.

$1,000,000.00

2282. California ............... Temecula Winchester Project/this project will

require a partial cloverleaf interchange on

I–15 at exit/entrance ramps at Winchester

Road.

$2,000,000.00

2283. California ............... Conduct Study of State Route 130 Realignment Project, San Joaquin County and

Santa Clara County, CA.

$2,000,000.00

2284. California ............... Widen roads, construct bicycle lane and parking facility to enhance access to Hansen

Dam Recreation Area, Los Angeles.

$6,500,000.00

2285. Pennsylvania ......... SR 29 Bridge, replace T-beam bridge in

Noxen Township, Wyoming County.

$1,000,000.00
328

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2286. Minnesota .............. Construct Soo Line Trail from north of

Bowlus to the east side of Mississippi River.

$495,000.00

2287. Ohio ....................... Construction of an interchange at I–70 and

Burnett Rd. and items associated with construction of interchange.

$2,000,000.00

2288. Indiana .................. New road construction of Boston Street intersection with Route 2 in LaPorte, IN.$1,500,000.00

2289. South Carolina ...... Milfred Road Bridge in Anderson County ...... $350,000.00

2290. Virginia ................. White’s Mill Recreation Trail and Renovation/design and construction of recreational

trail and preservation of watermill for use

as visitors center.

$750,000.00

2291. Georgia .................. Pedestrian and streetscape improvements,

Ellaville.

$500,000.00

2292. Alaska .................... Various road improvements in City of Fairbanks.$5,000,000.00

2293. Alabama ................ 4 U.S. Highway 84 from Evergreen to Monroeville in Alabama.$6,000,000.00

2294. California ............... Feasibility study, design, engineering, grade

separation, pedestrian improvements, and

traffic calming project, the City of South

Pasadena.

$1,000,000.00

2295. Texas ..................... Construct a 4-lane urban roadway at U.S.

Bus 77 on Loop 574, McLennan County.

$2,000,000.00

2296. California ............... ATIS added to the Magnolia corridor connecting Riverside, Corona, Moreno Valley

and portions of Riverside County.

$480,000.00

2297. Maryland ............... Widen MD 45 from Ridgley to Seminary

Roads. Widening includes addition of a

middle turn lane and to acquire right-ofway.

$5,520,000.00

2298. North Carolina ...... Upgrade of U.S. 321 corridor in Burke,

Caldwell and Catawba counties mitigating

severe congestion near bridge over Catawba

river.

$2,000,000.00

2299. Virginia ................. Secure right-of-way and construct improvements along Jefferson Davis/Route 1 corridor for vehicle traffic and improved bus

service, Arlington County.

$4,000,000.00

2300. New Jersey ............ Pedestrian and bicycle facilities, and street

lighting, Haddon Heights/Barrington.

$750,000.00

2301. Florida ................... PINEDA CAUSEWAY INTERCHANGE at

I–95.

$8,000,000.00

2302. Minnesota .............. To study a major river crossing over the Mississippi river between Monticello and St.

Cloud and TH10 and I–94.

$1,000,000.00

2303. Texas ..................... Highway construction to expand SH 71 in

Austin to U.S. 281.

$1,000,000.00

2304. New Jersey ............ Project will improve State Route 22 by improving section of highway that connects

Route 22 and 287 in 2 locations.

$3,000,000.00

2305. New York .............. Construct greenway along East River waterfront between East River Park (ERP) and

Brooklyn Bridge, and reconstruct South

entrance to ERP.

$1,250,000.00

2306. Wisconsin .............. Resurface U.S. Highway 8 from County C to

Town of Monico.

$1,000,000.00

2307. South Carolina ...... Construct I–73 from Bennettsville to I–95 .... $10,000,000.00

2308. Louisiana ............... Replace Almonaster Bridge, New Orleans ...... $500,000.00

2309. Washington ........... SR 167/a new freeway from SR 509 (Port of

Tacoma) to SR 161 (Puyallup).

$2,500,000.00

2310. Pennsylvania ......... Erie/replacement of Asbury Road underpass;

replacement of Powell Ave. Bridge; Peninsula Dr. improvements.

$4,000,000.00

2311. Michigan ................ Rehabilitate 2 piers and remove old bridge

caissons for Sturgeon River Road bridge,

Houghton County.

$270,000.00

2312. Michigan ................ Rebuilding M 99 for flood control in Hillsdale $2,000,000.00
329

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2313. Virginia ................. Chessie Work Station/renovation of abandoned rail site to enable intermodal access

at site, Clifton Forge.

$2,736,000.00

2314. Wisconsin .............. Construct State Highway 23 (County Highway OJ to U.S. Highway 41), WI.$16,000,000.00

2315. Iowa ....................... Extend Mormon Trek Boulevard in Iowa

City, IA.

$5,000,000.00

2316. Ohio ....................... Construct access roads and freight intermodal

facility, Columbiana County.

$5,000,000.00

2317. Maryland ............... Reconstruction of Route 32 to freeway standards from Route 108 to I–70.$2,000,000.00

2318. Pennsylvania ......... SR 22 widening to 4 lanes from Export to

Delmont, Westmoreland County, PA.

$1,300,000.00

2319. American Samoa ... Drainage mitigation for Malaeloa-Leone village roads.$1,000,000.00

2320. New York .............. Design and construct Upper Delaware Scenic

Byway Visitor Center, Cochecton.

$448,000.00

2321. Pennsylvania ......... Continued Construction of the Montour Trail

which is part of the Great Allegheny Passage.

$2,000,000.00

2322. Washington ........... SR 538 (College Way) and North 26th Street

Signal, Mount Vernon.

$175,000.00

2323. Pennsylvania ......... Construction of 2 ramps, replacement of 2

ramps on I–79 at SR 3025 in Jackson

Township, PA.

$1,000,000.00

2324. Texas ..................... Construct U.S. 183–A, a 12 mile turnpike to

connect U.S. 183 at SH 45 and extend

northward to U.S. 183 in Williamson

County, TX.

$10,000,000.00

2325. Illinois ................... Construct Grand Illinois Trail, Cook County $1,000,000.00

2326. Ohio ....................... Construct connector road between SR 79 and

Thornwood Drive in Licking County.

$5,000,000.00

2327. Maryland ............... Fringe and Corridor Parking Facility at Clinton Street and Keith Avenue.$3,000,000.00

2328. Ohio ....................... Widen SR 170, Calcutta ................................. $2,500,000.00

2329. California ............... Replacement of existing 2 lane interchange to

full 6 lane interchange where Cajalco Road

and I–15 meet in Corona, CA.

$10,000,000.00

2330. Oregon ................... Highway 22, Polk County ............................... $1,000,000.00

2331. Pennsylvania ......... Final engineering and design to construct a 4

lane connector and bridge over the Allegheny River to link New Kensington to

Route 28.

$5,000,000.00

2332. South Carolina ...... Construct Calhoun Clarendon Connector ....... $14,008,000.00

2333. Virginia ................. Mayo Bridge, Richmond ................................. $2,000,000.00

2334. Oklahoma .............. Reconstruct U.S. 69 from U.S. 62 West to

the U.S. 69/U.S. 62 intersection, Muskogee.

$750,000.00

2335. Maryland ............... Engineering and construction of the MD

Route 355 at Montrose Road/Randolph

Road Interchange, Rockville.

$5,000,000.00

2336. Pennsylvania ......... PA23 corridor improvements from U.S. 30 to

U.S. 322.

$3,000,000.00

2337. Michigan ................ Construct interchange at I–675 and M–13

(Washington Avenue) and Northbound

Exit, Saginaw.

$2,000,000.00

2338. Florida ................... To complete design and construction of double-deck roadway system exiting Ft. Lauderdale/Hollywood International airport

connecting U.S. 1 and I–595.

$5,000,000.00

2339. Illinois ................... Upgrade roads, Summit .................................. $1,000,000.00

2340. Kentucky ............... Reconstruct Georgetown Northwest Bypass

from U.S. 460W to I–75N, Scott County.

$1,000,000.00

2341. Wisconsin .............. Construct Lake Butte des Morts Bridge, U.S.

Highway 41, Winnebago County, WI.

$25,600,000.00

2342. Texas ..................... SH 288 at BW 8: Construct 2 direct connectors.$5,000,000.00

2343. Washington ........... Yelm 510/507/an alternative route to 2 existing State highways that bisect Yelm.$2,500,000.00

2344. Iowa ....................... Improvements at the IA 146 and I–80 interchange.$1,000,000.00
330

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2345. New Hampshire .... Crystal Lake Mitigation preservation of 110

acres of land in Manchester.

$1,000,000.00

2346. Arkansas ............... Construction of I–49 from Highway 22 near

Barling to Highway 71 at Jenny Lind

Road.

$5,000,000.00

2347. Minnesota .............. Right-of-way acquisition for the expansion of

3rd street north in the City of St. Cloud.

$750,000.00

2348. Nebraska ............... New interchange on I–80 near milepost 275

and improvements to Cherry Avenue to

provide an east bypass for Kearney, Nebraska.

$2,000,000.00

2349. Virginia ................. UVA-Wise Entrance/second phase of project

to address road and stormwater problems.

$1,000,000.00

2350. Tennessee .............. Improve existing 2 lane highway to a 4 lane

facility along the U.S. 412 Corridor west of

Natchez Trace to U.S. 43 at Mt. Pleasant.

$5,500,000.00

2351. Maryland ............... Pedestrian bridge crossing North Avenue and

street signage, Baltimore.

$1,800,000.00

2352. Michigan ................ South Lyon, 2nd Street between Warren and

Haggadorn.

$125,000.00

2353. Tennessee .............. Continue construction of the Foothills Parkway in the Great Smoky Mountains National Park.$7,500,000.00

2354. Illinois ................... Construct bike/pedestrian path and related

facilities in Spring Rock Park, Western

Springs.

$700,000.00

2355. Maryland ............... U.S. 219 Oakland Bypass .............................. $1,000,000.00

2356. Pennsylvania ......... Relocation of PA52 on edge of Longwood

Gardens.

$1,000,000.00

2357. Michigan ................ Construct improvements to existing 68th Avenue bridge over Grand River.$6,700,000.00

2358. Illinois ................... Construct Cedar Creek Linear Park Trail,

Quincy.

$500,000.00

2359. Tennessee .............. Reconstruct connection with Hermitage Ave.

to Cumberland River bluff, Nashville.

$500,000.00

2360. South Carolina ...... I–385 and SC 14 (Exit 19)/the SCDOT

would reconstruct the existing interchange

at I–385 and SC 14 (Exit 19) in Laurens,

Counoy, SC.

$1,985,000.00

2361. New Mexico ........... Ease traffic congestion and improve intersection safety by identifying alternative alignment to U.S. 84/285 and NM 68 through

Espanola.

$2,000,000.00

2362. Mississippi ............. Highway 6/adds 2 lanes parallel to existing

lanes in Lee County.

$6,000,000.00

2363. New York .............. Suffolk County ITS arterial monitoring and

performance measures system.

$1,500,000.00

2364. Pennsylvania ......... Design and construction of Portzer Road connector in Milford, Quakertown.$2,500,000.00

2365. Washington ........... DesignValley Mall Blvd. from Main Street to

I–82 and I–82 interchanges at MPs 36 and

38, Union Gap.

$6,440,000.00

2366. California ............... Acquire approximately 4,000 acres of land at

the Desert Cahuilla Prehistoric Site, Imperial County.

$1,000,000.00

2367. Michigan ................ Ogden Street bridge rehabilitation project/replacement of deck, expansion of joints,

sidewalks, railing and all other joints, Menominee.

$200,000.00

2368. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of street improvements and

safety enhancements, City of Scranton.

$2,500,000.00

2369. Georgia .................. DeKalb Greenway Trails ................................ $1,100,000.00

2370. Missouri ................. Route MM Improvements, Jefferson County $4,000,000.00

2371. Indiana .................. The reconstruction of existing County Roads

400N, 825W and 525N in Shelby County.

$1,672,000.00

2372. New Jersey ............ Safety and operational improvements on

Route 23 in Hardyston and Franklin.

$3,800,000.00

2373. New York .............. Rehabilitate pavement and bridges from I–86,

Exit 24 to Allegany County Line.

$1,000,000.00
331

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2374. New York .............. Access improvements for terminal located on

12th Ave. between W. 44th and W. 54th

St. in Manhattan.

$4,000,000.00

2375. Florida ................... Construction and engineering of the Central

Sarasota Parkway Interchange at I–75, a

evacuation route for Sarasota and the Barrier Islands.

$2,000,000.00

2376. California ............... Construct Dry Creek and Enterprise canal

trails in Clovis.

$200,000.00

2377. Texas ..................... Widening project on FM 60 from SH 6 to

FM 158, Brazos County.

$3,000,000.00

2378. California ............... To provide for the preparation of environmental documents and design for conversion of the reliquished railroad bridge over

the Feather River between Yuba City and

Marysville.

$5,000,000.00

2379. Colorado ................ SH 83 and SH 88 Interchange Reconstruction: Grade separation of SH 83 over SH

88.

$6,000,000.00

2380. Nevada .................. U.S. 50A Fernley-Fallon replace UPRR

bridge in Fernley, realign intersection U.S.

95A/50A.

$9,000,000.00

2381. California ............... Construct safe access to streets for bicyclists

and pedestrians including crosswalks, sidewalks and traffic calming measures, Covina.

$500,000.00

2382. Illinois ................... Logan County 5th Street Road upgrades ....... $800,000.00

2383. Virginia ................. Route 50 Traffic Calming at Gilbert’s Corner $1,000,000.00

2384. California ............... Implement Congestion Mitigation and Air

Quality Improvement Project, Orange

County.

$1,000,000.00

2385. Georgia .................. U.S. 25 widening in Burke, Jenkins County

and Millen bypass.

$28,000,000.00

2386. Ohio ....................... Widening from 2 lanes to 5 lanes between

55th St. and Applegrove St. in Plain

Township.

$5,000,000.00

2387. Maryland ............... MD 85/I–270 Interchange .............................. $2,000,000.00

2388. Washington ........... Inchelium Bridge Feasibility Study: Conduct

study to determine whether bridge over

Lake Roosevelt would meet needs of residents of Gifford and Inchelium, Washington.

$120,000.00

2389. New York .............. For the acquisition of ferry boats and ferry

terminal facilities and for the operation of

ferry service from Rockland County/Yonkers/Manhattan.

$1,000,000.00

2390. Missouri ................. Grading for 4 lanes, lighting, roadways, and

bridges on Highway 5 in Camdenton.

$10,000,000.00

2391. Washington ........... Burien SR 518 project/interchange improvements and the addition of 1 travel lane on

a portion of corridor.

$1,000,000.00

2392. Georgia .................. Install sidewalks, trails, lighting, and amenities in Balls Ferry Park, Wilkinson County.$500,000.00

2393. West Virginia ........ Construct New River Parkway between I–64/

Sandstone Interchange and Sandstone

Falls, Summers and Raleigh Counties.

$4,500,000.00

2394. Illinois ................... Road Construction and Reconstruction in the

Village of Hampshire: Keyes Ave. Reconstruction; Industrial Drive Overlay; Mill

Ave. Reconstruction.

$2,300,000.00

2395. Illinois ................... Transportation Enhancement and road improvements necessary for Downtown Plaza

restoration in Jacksonville, IL.

$800,000.00

2396. California ............... Construction of a bikeway on the North bank

of the Los Angeles River between Sepulveda Boulevard and Kester Avenue in

Sherman Oaks, Los Angeles.

$575,000.00
332

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2397. New York .............. Design & Construct a Bicycle and Pedestrian

Walkway along the Decommissioned Putnam Rail Line.

$950,000.00

2398. Pennsylvania ......... Improvements to I–81, including interchanges, in Franklin County, PA.$1,200,000.00

2399. California ............... Construct auxiliary lanes, bicycle, pedestrian

improvements, signal modifications on Almaden Expressway between Branham Lane

and Blossom Hill Road, Santa Clara County.

$3,500,000.00

2400. Texas ..................... Widen SH 36/U.S. 190 to 4 lanes, Milam

County.

$2,000,000.00

2401. Minnesota .............. Bike Trail extensions and walking trails, connect to Mesabi Trail, City of Aurora.$294,745.00

2402. Maryland ............... Plan, Design, and construct the Intercounty

Connector.

$9,000,000.00

2403. Massachusetts ....... Design, permitting, and ROW acquisition for

new on/off ramps on I–95 between Route

1A and Route 123 interchanges.

$500,000.00

2404. Texas ..................... Replaces 3 structures at interchanges of I–

20, U.S. 83, and U.S. 277 in Abilene.

$1,500,000.00

2405. Texas ..................... Improvements to National High Priority Corridor No. 38 for the Oklahoma border

south through Amarillo.

$14,000,000.00

2406. Michigan ................ Milford Village, Roundabout at N. Milford

Rd. and Summit St.

$125,000.00

2407. Kentucky ............... Replace Bridge No. C00004 on Oregon Road,

Mercer County.

$680,000.00

2408. North Carolina ...... Widen NC 49 from Harrisburg east of SR

2630 to the Yadkin River, NC.

$10,000,000.00

2409. California ............... Santa Cruz Highway 1 widening and HOV

lanes/8.3 miles from Morrissey Boulevard

to San Andreas-Larkin Valley Road south

of Aptos.

$3,670,000.00

2410. New York .............. Improvements to Harlem River Park and

Greenway including park amenities.

$4,000,000.00

2411. Illinois ................... Expansion of Miller Road from 2 to 4 lanes;

bridge improvements; further expansion

from IL Route 31 to IL Route 120.

$5,000,000.00

2412. Minnesota .............. For design of a new interchange with TH169

over CSAH4.

$1,000,000.00

2413. New Mexico ........... Construct the 2 lane enhancement of U.S. 54

from Tularosa to Santa Rosa.

$11,000,000.00

2414. Florida ................... Widening and improvements to Snake Road

(BIA Route 1281).

$2,000,000.00

2415. Minnesota .............. Consolidate access, provide supporting roadways and add an additional lane to CSAH

42 in Dakota County and Scott County.

$1,000,000.00

2416. Massachusetts ....... Reconstruction of Washington St., Walpole ... $2,000,000.00

2417. Massachusetts ....... Extensions to the Berkshire County Bike

Paths, Berkshire County.

$5,000,000.00

2418. Ohio ....................... Pleasant Valley Road bridge renovation over

the Chagrin River in the City of

Willoughby Hills.

$260,000.00

2419. Arizona .................. Upgrade and widen SR 85 (mileposts 120.5

thru 147.6).

$1,000,000.00

2420. California ............... Construction of an interchange at the atgrade intersection of Stillwater Road and

State Route 44.

$7,500,000.00

2421. Oregon ................... Highway 20, Lincoln County .......................... $7,000,000.00

2422. Massachusetts ....... Lawrence Canal and Union Street intersection improvements.$1,000,000.00

2423. Pennsylvania ......... Construct Route 219 Bypass in the Borough

of Johnsonburg.

$2,000,000.00

2424. New York .............. Design and construct pedestrian and bicycle

path (Cayuga Waterfront Trail), Ithaca.

$1,200,000.00

2425. California ............... Reconstruct Carson St. with an on/off ramp

to I–605, Hawaiian Gardens.

$400,000.00

2426. Illinois ................... Construct North Main St. (IL Route 2)

Rockford, IL to 4 lanes.

$1,000,000.00
333

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2427. Ohio ....................... Construct Chesapeake Bypass/Tri State

Metro Outer Belt.

$2,000,000.00

2428. Ohio ....................... SR 322 roadway safety improvements in the

Village of Gates Mills.

$520,000.00

2429. Missouri ................. Expand to 6 lanes Route 141/Woods Mill Rd.

(Chesterfield, MO) from I64 north to

Route 340.

$3,000,000.00

2430. Alaska .................... False Pass Road construction from small

boat harbor dock to airport and town.

$3,000,000.00

2431. Georgia .................. Install sidewalks, improve lighting, and install

landscaping along Riverside Drive, Macon.

$500,000.00

2432. Illinois ................... Undertake streetscaping on Ridgeland Avenue, Oak Park Avenue, and 26th Street,

Berwyn.

$1,500,000.00

2433. Massachusetts ....... Roosevelt Avenue intersection improvements

from Bay Street to Page Boulevard,

Springfield.

$1,500,000.00

2434. Pennsylvania ......... 9th Avenue Project, Altoona, PA: Complete

preliminary engineering study and begin

right-of-way acquisition.

$3,500,000.00

2435. New York .............. Improve Maple Avenue, Smithtown ................ $1,000,000.00

2436. New York .............. Improve East End roads, Newburgh .............. $1,863,500.00

2437. Ohio ....................... Relocate SR 149, Bellaire ............................... $650,000.00

2438. Illinois ................... Improve safety of horizontal curve on 250th

Rd. in Grandview Township.

$320,000.00

2439. Illinois ................... Construct pedestrian bridge over Chicago

Ship & Sanitary Canal to link Centennial

Trail to I&M Canal Trail in Lemont, IL.

$100,000.00

2440. Texas ..................... Connector S. bound SH 146 to E. bound

Port Road, from W. bound Port Road to

N. bound SH 146, supports proposed

Bayport Terminal Complex.

$9,000,000.00

2441. Pennsylvania ......... Tidal Schuylkill Riverfront project consists of

8 mile bike and pedestrian recreation trail

from Locust Street to Historic Bartram’s

Garden.

$3,500,000.00

2442. Florida ................... Upgrade SR 50 from U.S. 27 to Orange

County line in Lake County.

$6,000,000.00

2443. New York .............. Structural analysis and feasibility study evaluating options for rehabilitating the Bronx

River Parkway at Crane Road over the

Bronx River and Harlem line, Scarsdale.

$400,000.00

2444. Massachusetts ....... Cape Cod Bicycle Path with Shining Sea

Link: Connects core to heavily visited national sites of upper and lower Cape.

$3,000,000.00

2445. Michigan ................ Belleville, Repave Main Street ........................ $175,000.00

2446. Illinois ................... Construct the Lisle Township segment of the

East Branch DuPage River Greenway

Trail.

$100,000.00

2447. Illinois ................... Upgrade roads, Cicero .................................... $1,010,000.00

2448. North Carolina ...... Wayne County road improvements for U.S.

117 to SR 1342.

$1,200,000.00

2449. Pennsylvania ......... Linglestown Square, roadway and intersection

improvements, Lower Paxton Township.

$3,000,000.00

2450. Maryland ............... Widen MD 295 near BWI airport from 695

to MD 100.

$8,700,000.00

2451. Illinois ................... Widen and improve Pulaski Road, Alsip ........ $700,000.00

2452. Texas ..................... Widening FM 423, from The Colony (crossroad/State Highway 121) to Little Elm

(crossroad/U.S. 380 East).

$8,000,000.00

2453. Indiana .................. Construction of the Hoosier Heartland along

SR 25, from Lafayette to Logansport, Indiana.

$5,000,000.00

2454. Georgia .................. Replace sidewalks, upgrade lighting in downtown Vidalia.$708,610.00

2455. North Carolina ...... Construction of a 4-lane divided route on new

location that will serve as the U.S. 421 bypass from NC 16 to the Yadkin River in

Wilkes County.

$4,000,000.00

2456. Connecticut ........... Construct Madison Shoreline Greenway Trail $1,000,000.00
334

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2457. Connecticut ........... Upgrade Mark Twain Drive, Hartford ........... $2,000,000.00

2458. New York .............. Reconstruction of the Gowanus Expressway .. $500,000.00

2459. New Jersey ............ Traffic Signal Upgrade, Union City ............... $800,000.00

2460. Florida ................... Construct U.S. 1/SR 100 Connector in

Bunnell, Florida.

$2,500,000.00

2461. New York .............. West Harlem Waterfront-ferry, intermodal

and street improvements and vicinity.

$7,500,000.00

2462. Missouri ................. Highway 115 extension/land acquisition and

roadway design to coordinate with Lambert

Airport expansion.

$1,000,000.00

2463. New York .............. Improve Front Street, Binghamton ................ $5,000,000.00

2464. Washington ........... Centennial Trail Project, Snohomish .............. $200,000.00

2465. New Jersey ............ Passaic Avenue along Riverbank Park, Kearny: Bikeway, Jogging and Fitness Trails.$2,500,000.00

2466. Pennsylvania ......... Design and construct inner loop roadway

around Shippensburg, PA, or other Cumberland County projects selected by Harrisburg Area Transportation Study.

$500,000.00

2467. Illinois ................... Construct interchange at I–255/Dupo-Columbia.$19,000,000.00

2468. North Carolina ...... Adding passing lanes to Highway 64 from

NC 107 to U.S. 178.

$1,700,000.00

2469. Kentucky ............... I–65 Interchange at Mile Marker 32 in Bowling Green.$3,000,000.00

2470. Illinois ................... Improve roads, Village of Westchester ........... $850,000.00

2471. New York .............. Conduct studies and construct infrastructure

projects on Governor’s Island.

$4,000,000.00

2472. Iowa ....................... Reconstruct 15.3 miles of the U.S. 30 corridor from Colo, Iowa to the beginning of

the Marshalltown bypass and reconstruct

the 7.5 mile segment from 4.5 miles west

of Toledo to 1 mile east of Tama.

$2,300,000.00

2473. Florida ................... State Road A–1–A Corridor from I–95 east

to the Amelia River Bridge (Nassau County).

$4,000,000.00

2474. Iowa ....................... Reconstruction of the existing IA 945 interchange, with I–80 widened and reconstructed.$1,000,000.00

2475. California ............... Seismic retrofit of Golden Gate Bridge .......... $10,000,000.00

2476. Louisiana ............... Construct I–49 North from Shreveport, Louisiana to Arkansas line.$3,500,000.00

2477. Indiana .................. U.S. 31 Freeway Project for Kokomo Howard

County.

$5,000,000.00

2478. Tennessee .............. Improve circuitry on vehicle protection device

installed at railroad crossing in Lenoir

City, TN.

$104,000.00

2479. California ............... Arcadia Santa Anita Avenue Corridor Improvement project, street rehabilitation.$3,000,000.00

2480. Texas ..................... Improvements to FM 716 between Realitos

and Conception, Duval County.

$1,000,000.00

2481. Minnesota .............. Lyon County, City of Marshall Highway 23

between CSAH 33 and TH19.

$3,700,000.00

2482. Pennsylvania ......... Construction of ramps on I–95 and U.S. 322,

widening of streets and intersections, increase vertical clearance at Amtrak bridges.

$3,000,000.00

2483. Oregon ................... Weaver Road Extension/Bridge Project,

Douglas County.

$16,259,000.00

2484. New York .............. Improve bicycle and pedestrian safety on NY

25, Jamesport.

$300,000.00

2485. Illinois ................... Reconstruction of Bus U.S. 20/West State St.

corridor in Rockford, IL.

$1,000,000.00

2486. New Hampshire .... Creation of a footbridge to connect overflow

parking to the main lot in Pinkham Notch,

NH. As well as provide necessary backfill

and stabilization work.

$150,000.00

2487. Alabama ................ I–20 widening and safety improvements in

St. Clair County.

$5,000,000.00

2488. Wisconsin .............. Construct the Gateway Boulevard project,

Rock County.

$6,950,000.00
335

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2489. California ............... Add turn lane and adaptive traffic control

system at intersection of San Tomas Expressway and Hamilton Avenue, Campbell.

$1,300,000.00

2490. California ............... Conduct Study and Construct I–580 Corridor

HOV Improvements Project, Alameda

County, CA.

$5,000,000.00

2491. Pennsylvania ......... Transportation improvements to SR 56 and

SR 403 through Johnstown West end to

improve safety, access and traffic conditions.

$2,000,000.00

2492. New York .............. Improve I-87 Exit 18 interchange in Town of

Queensbury, Warren County. Includes

ramp reconfigurations and improvements

to adjacent intersections.

$2,250,000.00

2493. Oklahoma .............. Complete Reconstruction of the I–35/SH 9

West Interchange.

$4,000,000.00

2494. Louisiana ............... Fund the 8.28 miles of the El Camino EastWest Corridor along LA 6 from LA 485

near Robeline, LA to I–49.

$2,000,000.00

2495. New Jersey ............ Bicycle facilities, West Deptford Township .... $115,000.00

2496. Florida ................... Upgrade CR491 from Pine Ridge Blvd. to

U.S. 41 in Citrus County.

$2,000,000.00

2497. Washington ........... 5th Street/U.S. 2 Signalization Improvements, Sultan.$400,000.00

2498. New Mexico ........... Conduct the development of a transportation

access plan for Santa Teresa.

$1,000,000.00

2499. Kentucky ............... Reconstruct KY 70 (KY 259) from Brownsville to Kyrock Elementary School.$1,000,000.00

2500. Maine ..................... Bike/Ped Trail Construction, Eastern Trail

Management District.

$1,000,000.00

2501. Texas ..................... Street Improvements for Willow Street, between North Street and Crockett Street,

Beaumont.

$360,000.00

2502. Illinois ................... Upgrade traffic signal system on 87th Street,

Chicago.

$500,000.00

2503. Ohio ....................... Widen Hamilton Avenue/U.S. 127 ................. $2,700,000.00

2504. Nebraska ............... Construct 25 miles of recreational trail in

Douglas County.

$5,500,000.00

2505. Washington ........... I–5 widening, Lewis County ........................... $4,000,000.00

2506. Pennsylvania ......... Relocate Crow’s Run Rd. between SR 65 and

Freedom Crider Rd. in Beaver County, PA.

$2,200,000.00

2507. New Jersey ............ A 521 space parking garage, New Brunswick $2,000,000.00

2508. Michigan ................ Complete multistage reconstruction of Walton

Boulevard with curb and gutter improvements.

$5,000,000.00

2509. Virginia ................. Heart of Appalachia/construction of stations

for distribution of informational brochures

along roads and trailways throughout 7

counties.

$100,000.00

2510. Virginia ................. Widen Route 7 Leesburg Bypass ................... $2,000,000.00

2511. New Jersey ............ Bicycle route connecting parks in Irvington to

the Irvington Bus Terminal through the

business center.

$350,000.00

2512. Connecticut ........... Construct arterial roadway from Boston Avenue north to proposed Lake Success Business Park site in Bridgeport, CT.$7,000,000.00

2513. Illinois ................... Project is part of the overhaul of 230 miles of

U.S. 67, near Jerseyville.

$1,700,000.00

2514. South Carolina ...... Reconstruct I–95/SC 327 interchange ............ $7,000,000.00

2515. Texas ..................... Construct roadway to connect Anzalduas

Bridge to U.S. 83.

$3,500,000.00

2516. California ............... Construct interchange at I–605 and Arrow

Highway and at Live Oak Avenue including engineering, surveying, and right-ofway acquisition, Irwindale.

$1,600,000.00

2517. Mississippi ............. Widening of MS Highway 24: Widening MS

Highway 24 from I–55 in McComb to U.S.

Highway 61 in Woodville.

$500,000.00

2518. Texas ..................... Construct IH 30 replacement bridge, Trinity

River, Dallas, TX.

$17,000,000.00
336

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2519. Maine ..................... I–295/Franklin Street Arterial Interchange,

Portland.

$3,000,000.00

2520. Alabama ................ American Village/Montevallo construction of

closed loop Access Road, bus lanes and

parking facility.

$300,000.00

2521. Illinois ................... Upgrade harbor access at Tri-City Regional

Port District.

$832,000.00

2522. Indiana .................. Reconstruct Standard Avenue, Whiting ......... $1,300,000.00

2523. Minnesota .............. Connect CSAH 48 with MN State Trunk

Highway 210. Complete portions of Paul

Bunyan Trail.

$1,000,000.00

2524. Texas ..................... Construct proposed ‘‘super streets’’ that are

part of the Houston-Galveston Area Council’s 100% Solution Plan to reduce regional

congestion.

$4,000,000.00

2525. Tennessee .............. Extension of bicycle and pedestrian trail,

Springfield.

$200,000.00

2526. Pennsylvania ......... Design and construct interchange and related

improvements at I–83, Exit 4, or other

projects selected by York County, Pennsylvania MPO.

$3,500,000.00

2527. Missouri ................. Design, right-of-way, and construction of

Highway 465, from Highway 76 to Highway 376, Taney Cty, MO.

$6,800,000.00

2528. Connecticut ........... Widen and improve Metro North Railroad

Underpasses at Atlantic, Elm, and Canal

Streets and Route 1 in Stamford, CT.

$500,000.00

2529. Pennsylvania ......... Extension of Third Street from Interstate 83

to Chestnut Street, Harrisburg.

$5,000,000.00

2530. New York .............. Reconstruction of West Neck Road from

Huntington-Lloyd Harbor boundary to the

end of the Village-maintained road, Lloyd

Harbor.

$2,000,000.00

2531. New York .............. To design/construct safer roadway for high

volume traffic, connecting I–87 in NY with

I–89 in VT, via Cumberland Head peninsula, NY.

$1,000,000.00

2532. Georgia .................. Improvements of St. Marys Road from I–95

to Kings Bay Subbase.

$1,800,000.00

2533. New York .............. Pedestrian Bridge to Stony Pt Battlefield.

Bicycle and pedestrian trail rehabilitation

& related improvements in Rockland County, NY.

$1,200,000.00

2534. New York .............. Rehabilitation of Pines Bridge Road/Lake Avenue and Ryder Road, in Ossining, Yorktown and New Castle.$2,765,000.00

2535. Louisiana ............... Kerner Bridge ................................................. $2,100,000.00

2536. North Carolina ...... Construct I–73/74 in Montgomery County

and Richmond County, NC.

$18,500,000.00

2537. Massachusetts ....... Replacement of failing bridge/underpass

(Route 106) and concrete support structure, Town of Mansfield.

$1,800,000.00

2538. Minnesota .............. Acquisition of ROW and environmental review for additional Mississippi River crossing, City of Little Falls.$2,200,000.00

2539. Iowa ....................... Construct a roadway extending north from

the I–80/U.S. 65 interchange to NE 118th

Avenue, west to I–35 and the Mile Long

Bridge (IA 415).

$500,000.00

2540. Pennsylvania ......... Central Susquehanna Valley Thruway U.S.

15. Construct 4 lane limited access highway. Connect SR 147 south of I–80 with

U.S. 11/15 south of Selingsgrove.

$2,000,000.00

2541. Minnesota .............. Munger Trail Extension, City of Duluth ........ $3,200,000.00

2542. California ............... Interchange improvements at I–215 at Los

Alamos Road, City of Murrieta.

$2,000,000.00

2543. Illinois ................... Construct I–57/I–294 interchange ................. $2,900,000.00
337

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2544. Louisiana ............... Widen LA 18 from Northrup Grumman/

Avondale Shipyards to U.S. 90, Jefferson

Parish.

$2,500,000.00

2545. Maine ..................... Replacement of the Route 201–A ‘‘covered’’

bridge, Norridgewock.

$1,000,000.00

2546. New Hampshire .... Improvements of the intersection of Route

101A and Route 13 in Milford, NH.

$1,700,000.00

2547. California ............... Adds NB lane and auxiliary lanes on I–5 and

widens the I–8 west to I–5 north, San

Diego.

$6,000,000.00

2548. Maine ..................... Route 2 Improvements from Bethel to Gilead $500,000.00

2549. Missouri ................. Construct U.S. Highway 54 Expressway near

Osage Beach, MO.

$1,500,000.00

2550. Georgia .................. Construct road around the high school, 2

blocks from SR 42 and SR 80, Crawford

County.

$8,000.00

2551. Tennessee .............. Proposed State Route 397 extension from

State Route 96, west to U.S. 431 North in

Franklin, Williamson County.

$2,225,000.00

2552. Wisconsin .............. Upgrade U.S. Highway 2, City of Ashland .... $4,000,000.00

2553. California ............... Ferrari Interchange Project/construction of

an interchange located at the intersection

of future SR 65 and Ferrari Ranch Road/

Westwood in Placer County.

$3,000,000.00

2554. Illinois ................... Construct and improve bike path network,

Evanston.

$250,000.00

2555. Michigan ................ Reconstruct East Spruce Street with drainage, curb, gutter, pavement, traffic control

devices, Sault Ste. Marie.

$950,000.00

2556. New York .............. Enhance road and transportation facilities in

the vicinity of W. 65th St. and Broadway,

New York City.

$3,000,000.00

2557. New York .............. Design and reconstruction of roadways &

sidewalks, including Washington Street to

Stone Street, and throughout Public

Square, located in Watertown, NY.

$2,000,000.00

2558. Georgia .................. Rockbridge Road improvements DeKalb ........ $2,500,000.00

2559. Georgia .................. Construct rail overpass, SR 21 to SR 25 ....... $2,000,000.00

2560. Florida ................... Normandy Blvd. and Cassat Avenue, Jacksonville.$1,500,000.00

2561. Florida ................... Complete Removal and Replacement of Platt

Street Bridge, Hillsborough County.

$750,000.00

2562. Pennsylvania ......... State Street Bridge Rehabilitation, Hamburg $1,500,000.00

2563. Missouri ................. Widening of Chouteau Trafficway to 4 lanes

and necessary safety improvements.

$3,000,000.00

2564. Virginia ................. To enhance Main Street (U.S. Route 1

South) in Dumfries, Prince William County.

$725,000.00

2565. Illinois ................... Construct pedestrian tunnel under railroad

tracks at commuter lot, Winfield, IL.

$1,700,000.00

2566. Virginia ................. Maple Avenue street improvement project in

Vienna.

$1,650,000.00

2567. Georgia .................. Streetscape project for lighting and landscaping on Main Street along Georgia

Highway 231, Davidsboro.

$300,000.00

2568. Ohio ....................... Construct interchange or other appropriate

access on IR 70 west of existing mall road

exit in Belmont County.

$6,935,000.00

2569. California ............... Design and Construction Camino Tassajara/

Crown Canyon to East Town Project,

Danville, CA.

$1,000,000.00

2570. Hawaii ................... Construct Kapaa Bypass ................................ $3,000,000.00

2571. Arkansas ............... Repair and Improvement of East Patrol

Road, Hempstead County.

$200,000.00

2572. Florida ................... I–95/Spanish River Blvd. Interchange, Palm

Beach County.

$14,000,000.00

2573. Pennsylvania ......... Improvements, including a turn lane at, new

signing and markings at intersection of

Route 422 and Route 662 in Berks County.

$2,430,000.00
338

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2574. Georgia .................. Reconstruction of the shoulders of GA SR

400 from mile post 6.65 north to SR 306

for use by transit vehicles.

$10,000,000.00

2575. Virginia ................. Construct Route 262 Bypass at Route 252/

Route 254 in Augusta County.

$1,000,000.00

2576. Kansas ................... Construct K–7/55th St./Johnson Drive interchange and construct Clear Creek Parkway

overpass over K–7, City of Shawnee.

$3,000,000.00

2577. California ............... Multi-year integrated project to develop regional transportation plan for next 20

years for Riverside County and Orange

County. Major investment study and PAED phase work.

$3,520,000.00

2578. New York .............. Orzeck Rd. improvements in Town of Goshen,

NY.

$500,000.00

2579. New Jersey ............ Replace Haynes Avenue bridges over Waverly

Yards and Routes 1 and 9, Newark.

$900,000.00

2580. Ohio ....................... Construct shared use trail from Bellbrook to

Spring Valley connecting with the Little

Miami Scenic Trail.

$500,000.00

2581. California ............... Reconstruct 1.9 miles of Paramount Blvd.

Major arterial in region with interchange

at 91 Freeway to Del Amo Blvd., Long

Beach.

$500,000.00

2582. Mississippi ............. Upgrade roads in Humphreys County Districts 1 and 5 and Isola.$944,000.00

2583. Missouri ................. Lewis and Clark Expressway .......................... $2,000,000.00

2584. Missouri ................. Design, right-of-way, and construction of I–

44 and Highway 39 Interchange, Mt.

Vernon, MO.

$5,000,000.00

2585. New York .............. Rehabilitation of East and West John Streets

in the Village of Lindenhurst.

$1,015,000.00

2586. Arkansas ............... Widen Old Boyd Road and upgrade associated bridges, Miller County.$500,000.00

2587. Florida ................... Widening I–95, from Ft. Pierce to Melbourne $2,000,000.00

2588. Texas ..................... Construct Santa Fe Trail DART LR overpass from Hill Street to Commerce Street

along abandoned Santa Fe Rail right-ofway.

$2,400,000.00

2589. Alabama ................ Decatur/Hartselle Southern Bypass connecting Alabama 67 near Priceville continuing between Hartselle & Decatur ending on Alabama Highway 20.$2,000,000.00

2590. Ohio ....................... Study and design of the I–74/I–75 interchange.$2,000,000.00

2591. Texas ..................... I–30 Bridge over the Trinity River, Dallas .... $42,000,000.00

2592. Illinois ................... City of Havana upgrades to Broadway St ...... $800,000.00

2593. Massachusetts ....... Engineering, design and restoration of State

Route 146 site for Northern Gateway Visitor Information Center Blackstone Corridor Worcester.

$4,650,000.00

2594. Georgia .................. Reconstructing State Route 316 into a limited-access highway.$2,000,000.00

2595. Florida ................... Reconstruct 40th Street, Tampa .................... $4,000,000.00

2596. Virginia ................. Craig County Trail/improvements to trail,

Craig County.

$150,000.00

2597. Ohio ....................... Bicycle trail construction from Chardon south

to East Branch Reservoir.

$500,000.00

2598. Texas ..................... State Loop 390 in Marshall, Harrison County $6,000,000.00

2599. Ohio ....................... Widen Western Reserve Road, Mahoning

County.

$2,000,000.00

2600. Arkansas ............... Relocate Mazarn Bridge, SE Montgomery

County.

$60,000.00

2601. California ............... Undertake Fernandez Ranch transportation

enhancement project, Contra Costa County.

$1,000,000.00

2602. Michigan ................ Build 1.5 mile road between M–66 and B

drive N, including improved drainage.

$1,500,000.00

2603. New York .............. Route 531 Expansion, Gates-Brockport, 4-

Lane Highway is a Project to Extend

Route 531.

$8,750,000.00
339

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2604. Louisiana ............... Widen LA Highway 28 from Vernon/Rapides

line to State Route 121, Rapides Parish.

$5,000,000.00

2605. Tennessee .............. Construction of park access road and adjacent trails at the Athens Regional Park in

Athens.

$300,000.00

2606. Ohio ....................... Construct Lakefront Plan (pedestrian/bike

path and road improvements), Cleveland.

$3,750,000.00

2607. Tennessee .............. Construct greenway system, Nashville and

Davidson County.

$1,100,000.00

2608. Texas ..................... Reconstruction of IH 35E/Loop 12 from

Spur 408 north to IH 635 thru Grand

Prairie, Irving, and Dallas.

$5,000,000.00

2609. Maryland ............... Chestertown Trail, Kent County .................... $300,000.00

2610. New York .............. Reconstruction of Route 340 and Erie Street

Intersections with Route 303, Rockland

County.

$1,000,000.00

2611. North Carolina ...... Acquisition of rail corridors for use as a future transportation corridor, Durham.$2,000,000.00

2612. Illinois ................... Construct and expand the Greenway Trail

along the East Branch of the DuPage

River in Bloomingdale and Milton townships, IL.

$400,000.00

2613. Wisconsin .............. Reconstruct U.S. Highway 41 in Green Bay,

WI.

$2,500,000.00

2614. Mississippi ............. Upgrade roads in Canton (U.S. Highway 51,

22, 16, and I–55), Madison County.

$800,000.00

2615. Pennsylvania ......... Indiana, PA: Construct 5 mile segment of rail

line and eliminate use of existing line and

37 grade crossings, Glenn Lock to Middletown.

$3,000,000.00

2616. Texas ..................... Extension of Radio Road from I–30 to SH 11

at FM 2560.

$1,000,000.00

2617. Texas ..................... U.S. Route 87 Big Spring Bypass part of the

Ports-to-Plains Corridor, a National High

Priority Corridor from Mexico to Denver.

$16,000,000.00

2618. California ............... Reconstruct I–880/Coleman Avenue Interchange to improve traffic flow, San Jose.$10,000,000.00

2619. California ............... Construct grade separation between State

Street and BNSF tracks along with street

improvements on State Street, San

Bernardino.

$1,250,000.00

2620. New York .............. Big Ridge Road: Spencerport Village Line to

Gillett Road in the Town of Ogden.

$2,250,000.00

2621. California ............... Rancho Cucamonga I–15/Base Line Interchange, removal and reconstruction of on

and off ramps, and construction of auxiliary lanes.

$5,000,000.00

2622. Kansas ................... Replacement or Rehabilitation of the Amelia

Earhart Bridge over the Missouri River

from Kansas into Missouri.

$2,000,000.00

2623. Wisconsin .............. Reconstruct U.S. Highway 45 in Waupaca

County.

$2,000,000.00

2624. Michigan ................ Wayne, Laurenwood reconstruct 1/4 mile

stretch.

$125,000.00

2625. Missouri ................. Study Needs and Design of Highway 37 and

60 Corridor, from Republic, MO to Arkansas stateline.

$2,500,000.00

2626. Maryland ............... MD 237 right-of-way acquisition to upgrade

and wide MD 237 to a multi-lane highway

from Pegg Road to MD 235.

$10,000,000.00

2627. Texas ..................... U.S. 83 underpass and pedestrian crossing at

Abrams Road, Palmview.

$1,900,000.00

2628. Tennessee .............. Replace Unitia Bridge in Loudon County ...... $900,000.00

2629. Minnesota .............. Construct bicycle trails in and around Aitkin

connecting the Paul Bunyan Trail to the

Mesabi Bike Trail.

$400,000.00

2630. Colorado ................ Wadsworth Bypass (State Highway 121)/

Burlington Northern Railroad and Grandview Grade separation.

$6,000,000.00
340

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2631. Illinois ................... Complete Phase II engineering for reconstruction of 159th Street/U.S. 6 in Will

County.

$1,000,000.00

2632. Illinois ................... Construct and replace East Branch River

bridge on Illinois Prairie Path, Milton

Township, IL.

$300,000.00

2633. Nebraska ............... Pave 5.5 miles of road north of the Village of

Cordova to I–80.

$1,500,000.00

2634. Ohio ....................... Land acquisition for construction of bicycle

and pedestrian trails at Mentor Marsh.

$710,000.00

2635. California ............... Widen I–8 overpass at Dogwood Road, Imperial County.$2,500,000.00

2636. Texas ..................... Improve Bus 287 between 8th Street and

Northside Drive, Ft. Worth.

$4,000,000.00

2637. Oklahoma .............. Widen SH 33 from Cimarron River East to

U.S. 177, Payne County.

$6,300,000.00

2638. Georgia .................. Bridge improvements on Rico Tatum Road at

Cedar Creek, Fulton County.

$560,000.00

2639. Michigan ................ Expansion of Ten Mile Road, Hazel Park/

Madison Heights.

$277,000.00

2640. Texas ..................... Widen from 4 to 6 lanes I–35E from Lake

Lewisville to Loop 288.

$14,000,000.00

2641. Arizona .................. Roadway widening from 2 lanes to 4 on U.S.

93 near the town of Wikieup.

$1,000,000.00

2642. Florida ................... Improve and widen State Road 70 as an I–2

corridor connecting the east and west

coasts of FL.

$4,000,000.00

2643. Kentucky ............... Replace bridge and approaches on KY 1665

over Stony Creek (B48) west of Jct. U.S.

421.

$500,000.00

2644. Oklahoma .............. Construct U.S. 59 improvements from

Westville to U.S. 412, Delaware County.

$5,000,000.00

2645. California ............... Conduct Study and Construct Contra Costa

County Brentwood Tracy Expressway

Project, CA.

$5,000,000.00

2646. Michigan ................ Carlysle Road/2 miles east of city limit to

Middlebelt Road, City of Inkster.

$2,000,000.00

2647. California ............... Folsom Boulevard & Power Inn Road improvements and widening.$9,000,000.00

2648. Florida ................... 44th St. Extension to Golfair Blvd., Jacksonville.$1,500,000.00

2649. Georgia .................. Construct 2 lane bypass from U.S. 1 to SR

88 around Wrens.

$1,000,000.00

2650. California ............... Construct Highway 101 bicycle/pedestrian

overpass at Millbrae Ave. for the San

Francisco Bay Trail, Millbrae.

$1,000,000.00

2651. New York .............. Design and Construction of bicycle and pedestrian facilities in the area of the Roosevelt Avenue Bridge.$480,000.00

2652. Ohio ....................... Reconstruction of a urban collector street

within the Federal Highway System at SR

18 and Smith Rd. in the City of Medina.

$1,960,000.00

2653. Louisiana ............... Construct LA 143/U.S. 165 Connector and

North Ouachita River Bridge, Ouachita

Parish.

$12,000,000.00

2654. Pennsylvania ......... Replace an existing stone-arch rail bridge,

Upper Dublin Township.

$9,500,000.00

2655. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of intersection improvements

and safety enhancements, Borough of Taylor in Lackawanna County.

$250,000.00

2656. Minnesota .............. Heritage Center at the Grand Portage National Monument.$1,355,000.00

2657. New Hampshire .... Public safety improvement by easement,

building side-crosswalks, parking, traffic

calming work. Part of Chocorua Village

Intersect Improvement project.

$2,020,000.00

2658. Illinois ................... Construct West Corbin Overpass over Illinois

255, Bethalto.

$5,000,000.00
341

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2659. Indiana .................. CR 17, Elkhart County, IN. The project is

for a new 4 lane highway from County Rd.

26 to County Rd. 38.

$3,000,000.00

2660. Virginia ................. Construct equestrian enhancement in Mount

Rogers NRA adjacent to Virginia Highlands Horse Trail.

$2,000,000.00

2661. New York .............. Rehabilitate the High Bridge over the Harlem River between Manhattan and the

Bronx.

$5,000,000.00

2662. Indiana .................. Extend Everbrook Drive from SR 332 to

Bethel Avenue in the City of Muncie, IN.

$640,000.00

2663. New York .............. Continue design phase, including tiered,

multi-year environmental scoping study

and construction on proposed route of

Northern Tier Expressway (NTE), connecting I–81 and I–87, via U.S. Route 11.

$5,000,000.00

2664. Michigan ................ Complete reconstruction of Tienken Road

with curb and gutter improvements.

$4,000,000.00

2665. New Jersey ............ Vernon Township Traffic Calming, Pedestrian Safety and Traffic Congestion Circulation Improvement Project.$3,000,000.00

2666. Oregon ................... Improvements to Bandon-Charleston State

Scenic Tour on Randolph Road and North

Bank Lane.

$4,200,000.00

2667. Nebraska ............... Construct Pflug Road and I–80 Interchange $2,000,000.00

2668. Oregon ................... Rogue River Bikeway/Pedestrian Path, Curry

County.

$600,000.00

2669. Utah ...................... Widen and improve 800 North/SR 52 a main

east-west corridor in Orem, UT.

$2,100,000.00

2670. New York .............. Rehabilitation of East and West Gates Avenue in the Village of Lindenhurst.$1,020,000.00

2671. Virginia ................. Daniel Boone Wilderness Trail Corridor/design and construction of interpretive center

and enhancement of trail corridor.

$4,000,000.00

2672. Minnesota .............. Reconditioning CSAH 61 from Barnum to

TH 210 at Carlton, and improve Munger

Trail.

$1,480,000.00

2673. American Samoa ... Village road improvements for Tualauta,

Tualatai, Aitulagi, Fofo,and Alataua counties in the Western District.

$3,000,000.00

2674. Pennsylvania ......... The project involves building an interchange,

extending Lafayette Street, and building a

toll interchange connecting Lafayette

Street with the Pennsylvania Turnpike.

$5,188,000.00

2675. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of the third phase of the Marshalls Creek Bypass Project, Monroe County.

$1,000,000.00

2676. Michigan ................ New Interchange at Latson Road on I–96 ..... $6,000,000.00

2677. Florida ................... Coral Way Phase One, City of Miami ............ $3,000,000.00

2678. Wisconsin .............. Reconstruct State Highway 32 in Kenosha

and Racine Counties, WI.

$11,900,000.00

2679. Missouri ................. Chain of Rocks Bicycle/Pedestrian connector

linking regional network of trails and

greenways.

$300,000.00

2680. Illinois ................... Pre construction activities for Sangamon Valley Trail.$236,000.00

2681. Michigan ................ Resurfacing and widening of Parmater Road,

Otsego County.

$368,000.00

2682. Virginia ................. Virginia Creeper Trail/ongoing trail needs, including construction of restroom facilities

at Watauga and Alvarado and parking expansion at Watauga.

$1,300,000.00

2683. Indiana .................. Connection of Hazelldell Parkway to proposed

Little Chicago Road in Hamilton County.

$500,000.00

2684. Alaska .................... Construction of and improvements to roads at

Alaska Pacific University.

$3,000,000.00

2685. North Carolina ...... 3.5 mile extension of Martin Luther King, Jr.

Arterial Boulevard in Monroe, NC.

$2,000,000.00
342

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2686. California ............... Widen and add turn lanes to Firestone Blvd.,

Downey.

$2,500,000.00

2687. Arkansas ............... Improvement of Judges Road, Desha County $500,000.00

2688. Pennsylvania ......... Complete design for Eastern Inner Loop connector between Business Route 322 and

State Route 3022 in Centre County.

$1,000,000.00

2689. New York .............. Highway Construction Selkirk Bypass Truck

Route.

$1,600,000.00

2690. Iowa ....................... Right-of-way and construction of U.S. Highway 20 at Woodbury County (Interstate

29), Ida County, Sac County from Ida

County line to U.S. 71 at Early, IA.

$7,750,000.00

2691. Arizona .................. Construction of interim bypass for U.S. 93,

circumventing the town of Wickenburg.

$1,000,000.00

2692. Texas ..................... Construct grade separation at the intersection

of Medical Drive and Fredericksburg Road.

$3,800,000.00

2693. Massachusetts ....... Union Square street improvements and enhancements, Somerville.$500,000.00

2694. Indiana .................. I–69 access project connects 146th St. to I–

69 Interchange at Exit 10.

$4,000,000.00

2695. Texas ..................... Construct IH–35E replacement bridge, Trinity River, Dallas, Texas.$5,000,000.00

2696. Mississippi ............. Upgrade Alex Gates Road and Walnut Road

in Quitman County, and roads in Falcon,

Sledge and Lambert.

$2,200,000.00

2697. Illinois ................... Improve 63rd Street, Chicago ........................ $2,000,000.00

2698. Pennsylvania ......... SR 3003 Bridge, replace 1 span steel stringer

bridge with a 1 span concrete box beam

bridge in Auburn Township, Susquehanna

County.

$1,000,000.00

2699. New Jersey ............ Widening Routes 1 and 9, Production Way to

East Lincoln Avenue.

$500,000.00

2700. New Jersey ............ Route 50 Bridge & road improvements, Cape

May & Atlantic Counties. Replace Route 50

bridge over Tuckahoe River with fixed span.

$5,000,000.00

2701. Florida ................... Upgrade SR 50 from U.S. 19 to U.S. 41 in

Hernando County.

$4,000,000.00

2702. Tennessee .............. Addition of an interchange on I–40 in Roane

County at Buttermilk Road and I–40 to

provide safe, efficient access to interstate.

$3,000,000.00

2703. New Hampshire .... Intersection improvements at U.S. Route 3

and the Franklin Industrial Drive entrance

in Franklin, NH.

$1,000,000.00

2704. Maine ..................... Relocation of southbound on-ramp to I–95 at

exit 47, Bangor.

$1,500,000.00

2705. New Jersey ............ Extend CR Route 605 .................................... $1,000,000.00

2706. Arkansas ............... Development of infrastructure to Regional

Airport in Fort Smith.

$1,200,000.00

2707. Ohio ....................... City of Tiffin Kennedy bridge overpass and

lighting improvement along SR 53.

$1,000,000.00

2708. Louisiana ............... Construct pedestrian walkways between

Caddo Street and Milam Street along Edwards Street in Shreveport, LA.

$1,000,000.00

2709. Michigan ................ Construct improvements and modifications to

M–40/I–196 Interchange.

$6,000,000.00

2710. Massachusetts ....... Route 20/I–95 Interchange, Waltham ............ $1,500,000.00

2711. Massachusetts ....... Reconstruct Rutherford Avenue from City

Square to Route 99, Boston.

$1,000,000.00

2712. New York .............. Study, design, and reconstruction of pedestrian walkways, the Bronx.$1,000,000.00

2713. Michigan ................ Construct road improvements to Miller Road

from I–75 to Linden Road, Flint Township.

$4,500,000.00

2714. Arkansas ............... Relocation of Highway 412 bypass,

Paragould.

$1,000,000.00

2715. Georgia .................. Construct Coastal Ga Greenway trail from

Bee Road to Lake Mayer.

$500,000.00

2716. Arkansas ............... Replacement of Bridges No. 11597, No.

11598, and No. 11590, Columbia County.

$500,000.00

2717. Utah ...................... Parley’s Creek Corridor Project ..................... $5,000,000.00
343

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2718. Kansas ................... Improve I–35/95th Street interchange, City

of Lenexa.

$1,000,000.00

2719. New Jersey ............ Rehabilitation of Benigno Boulevard from I–

295 to Route 168, Bellmawr.

$400,000.00

2720. Arizona .................. Roadway widening from 2 to 4 lanes on U.S.

93 south of the town of Wikieup.

$1,000,000.00

2721. Ohio ....................... Construct Riverwalk project (bike/pedestrian

path and facilities), City of Warren.

$1,500,000.00

2722. Pennsylvania ......... Design, engineering, ROW acquisition, and

construction of street improvements and

safety enhancements, City of Nanticoke in

Luzerne County.

$2,000,000.00

2723. Massachusetts ....... Pedestrian walkway for the Town of Norwood $700,000.00

2724. Maryland ............... I–70/MD 85/MD 355 Interchange ................. $3,000,000.00

2725. Missouri ................. Study of Needs and Design Highway 160 &

Kansas Expressway, Greene County, MO.

$2,000,000.00

2726. Missouri ................. Grand Ave. Viaduct replacement of 6 lane

structure with 5 lanes plus pedestrian

walkways, St. Louis.

$12,000,000.00

2727. Florida ................... Construct I–4 Frontage Road in Volusia

County, FL.

$2,000,000.00

2728. New York .............. Reconfiguration of New Rochelle Toll Plaza,

including installation of high-speed

EZPass, at this congested segment of I–95.

$1,000,000.00

2729. Louisiana ............... Elimination of highway-rail grade crossings

along Louisiana and Delta railroad.

$1,000,000.00

2730. Pennsylvania ......... York City Northwest Triangle redevelopment

project or other projects as selected by

York County, Pennsylvania MPO.

$1,500,000.00

2731. California ............... Improve pedestrian and biking trails within

East Bay Regional Park District, Contra

Costa County.

$1,000,000.00

2732. South Carolina ...... SC 81 Turning Lane/the SCDOT would construct a turning lane to feed traffic into

lakeside development at Lake Russell, SC.

$50,000.00

2733. Kentucky ............... Construct priority section 1 of the E.T.

Breathitt (Pennyrile) Parkway Extension

from Lovers Lane North to U.S. 41–A,

Christian County.

$8,000,000.00

2734. Pennsylvania ......... Design, engineering, ROW acquisition and

construction of streetscaping enhancements, including paving, lighting and safety improvements, in downtown WilkesBarre.

$2,500,000.00

2735. Georgia .................. Rehabilitate sidewalks and replace

streetlights, Swainsboro.

$500,000.00

2736. New York .............. Construction of and improvements to Seneca

Street in Buffalo.

$2,000,000.00

2737. Tennessee .............. Restoration of historic downtown Cobblestone

Landing, Memphis.

$1,000,000.00

2738. New Jersey ............ Route 30 and Pomona Rd. intersection improvements. Widens road, improves signals

and turn lanes at intersection.

$4,000,000.00

2739. Virginia ................. NRV Trail/construction of multi-use trail between the Towns of Rich Creek and Glen

Lyn, Giles County.

$56,000.00

2740. New Jersey ............ Ferry Service Terminal, Carteret ................... $2,100,000.00

2741. California ............... Pedestrian calming measures along Las

Tunas Blvd., the City of San Gabriel.

$600,000.00

2742. Tennessee .............. Extension of bicycle and pedestrian trail,

Murfreesboro.

$9,400,000.00

2743. Minnesota .............. Construct Final Segment of Highway 610

from TH169 in Brooklyn Park, MN to its

terminus in Maple Grove, MN.

$5,000,000.00

2744. New York .............. Roadway improvements on Woodbine Avenue

between 5th Avenue and Beach Avenue,

Northport.

$640,000.00

2745. Texas ..................... Construct bicycle and pedestrian trails in

Houston’s historic Third Ward.

$750,000.00
344

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2746. Massachusetts ....... Construct 1.5 mile East Longmeadow Redstone Trailway.$720,000.00

2747. Mississippi ............. State Highway 57 widening, Jackson County $5,000,000.00

2748. Illinois ................... Construction of a highway on new alignment

to create a cross town route across Godfrey, IL from Illinois Route 3 to U.S. 67.

$1,000,000.00

2749. Ohio ....................... Rickenbacker Intermodal Facility ................... $5,500,000.00

2750. Kansas ................... Reconstruct grade separation on U.S. 169,

Kansas City.

$6,500,000.00

2751. New York .............. Roadway, streetscape, pedestrian, transit, and

parking improvements to the Buffalo Niagara Medical Campus, Buffalo.

$2,000,000.00

2752. Ohio ....................... Construct replacement of Morgan Township

Road 209 between SR 60 and SR 78 in

Morgan County.

$3,300,000.00

2753. New York .............. Improve intersection of Old Dock Road and

Church Street, Kings Park.

$500,000.00

2754. New York .............. Construction of sidewalks along Route 9A

corridor in Village of Buchanan, NY.

$475,000.00

2755. Texas ..................... Port of Beaumont Intermodal Corridor

Project.

$6,488,000.00

2756. Maine ..................... Replacement of Waldo-Hancock Bridge ......... $16,000,000.00

2757. Illinois ................... Establish transportation museum on Navy

Pier (Chicago Children’s Museum), Chicago.

$540,000.00

2758. California ............... Sierra College/I–80 Interchange Project/correct design deficiencies at the Sierra College Boulevard interchange with I–80 in

Placer County.

$2,000,000.00

2759. Washington ........... U.S. 2/Sultan Basin Road Improvements,

Sultan.

$400,000.00

2760. Mississippi ............. Ohr-O’Keefe Welcome Center, Biloxi ............. $750,000.00

2761. Illinois ................... Replace I–74 Bridge, Moline .......................... $4,000,000.00

2762. Massachusetts ....... Improve traffic signal operations, pavement

markings, and regulatory signage, MiltonBoston City Line.

$1,500,000.00

2763. Illinois ................... Realign Irving Park Road (State Highway

19) and construct grade separation for RR

tracks that intersect Irving Park and Wood

Dale roads, Wood Dale, IL.

$11,600,000.00

2764. Virginia ................. U.S. Route 17 (Warrenton Road) Stafford

County. To widen road and alleviate traffic

congestion.

$2,000,000.00

2765. Ohio ....................... Upgrade Manchester Rd., Akron .................... $4,000,000.00

2766. Georgia .................. Infantry Museum Transportation Network

(4-lane connector), Columbus.

$1,000,000.00

2767. Massachusetts ....... Widen Crosby Drive from north of Route 62

in the Town of Bedford to Middlesex Turnpike in the Town of Burlington.

$1,000,000.00

2768. North Carolina ...... Expand and replace traffic signal systems

and intelligent transportation systems in

the City of Greensboro.

$16,000,000.00

2769. New York .............. Rehabilitation of road and drainage systems

on Beach, Canal, and Sea Breeze Roads in

the Town of Oyster Bay.

$3,000,000.00

2770. Virginia ................. High Knob Horse Trails/construction of network of horse riding trails and associated

facilities in High Knob area of Jefferson

National Forest.

$1,500,000.00

2771. New York .............. Reconstruction of Schenck Avenue from Jamaica Avenue to Flatlands Avenue, Brooklyn.$5,000,000.00

2772. Pennsylvania ......... Construct new alignment of Route 830 from

I–80 to Dubois-Jefferson County Airport.

$2,000,000.00

2773. Pennsylvania ......... SR 21 safety and capacity improvements,

Greene and Fayette Counties.

$2,000,000.00

2774. Arkansas ............... Improvements on Calhoun County Roads 64,

73, 81, and 26.

$500,000.00
345

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2775. California ............... Improve the signal system infrastructure and

timing of 10 traffic signals on Antonio

Parkway, Rancho Santa Margarita.

$125,200.00

2776. Idaho ..................... Improve and widen U.S. 95. Includes replacement of 2 bridges, Copeland to Eastport in

Boundary County.

$4,000,000.00

2777. New Jersey ............ Route 7 Wittpenn Bridge over Hackensack

River, Bridge Replacement and Reconstruction of Route 7/Fish House Road

Interchange.

$1,000,000.00

2778. Texas ..................... Pedestrian improvements and traffic control

projects for Alameda, Dyer, and North

Loop, El Paso.

$2,500,000.00

2779. New Jersey ............ Sea Isle Blvd. Reconstruction, Cape May

County. Reconstruct and raise road bed

above FEMA 100 year flood level.

$2,000,000.00

2780. Oregon ................... Renewal of wooden trestle bridge west of Albany.$6,000,000.00

2781. Missouri ................. Construction of Highway 249 (Range Line

By-pass), Jasper County, MO.

$10,000,000.00

2782. Minnesota .............. Construction of street underpass and 2 bicycle/pedestrian underpasses of rail-crossing

and grade separated interchange with U.S.

Highway 61.

$2,000,000.00

2783. New York .............. Purchase Three Ferries and Establish System for Ferry Service from Rockaway Peninsula to Manhattan.$15,000,000.00

2784. Hawaii ................... Ft. Weaver Road Widening ............................ $10,000,000.00

2785. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of PS 153.

$250,000.00

2786. Illinois ................... South Chicago Street Improvements (Geneseo): Construction of a pedestrian sidewalk along S. Chicago Street.$145,000.00

2787. Pennsylvania ......... Construct PA Route 61/Schulkill Haven Bypass, Schuylkill Haven.$10,000,000.00

2788. Ohio ....................... Construct Front Street grade separation,

Berea.

$500,000.00

2789. Michigan ................ Widen, pulverize and improve drainage with

new bituminous pavement surface Nahma

Bridge on CR 497 from U.S. 2 at Nahma

Junction to Village of Nahma.

$575,000.00

2790. Mississippi ............. Lake Harbour Drive Extension: Extension of

Lake Harbour Dr at U.S. Highway 51 to

Highland Colony Pkwy, providing a major

east-west corridor through Ridgeland.

$500,000.00

2791. Alaska .................... Realign rail track to eliminate highway-rail

crossings and improve highway safety and

transit times.

$5,000,000.00

2792. Illinois ................... Construct 1.5 miles of roadway from Mississippi River Barge Dock to the Intersection of IL 3 and IL 157, Cahokia.750,000.00

2793. Ohio ....................... Replace Rock Spring Bridge, Portage County $500,000.00

2794. New York .............. Install Improvements for Pedestrian Safety in

the vicinity of PS 124.

$250,000.00

2795. Michigan ................ ROW acquisition and construction for I–94

widening between Sargent Road and M–60,

including interchange improvements at I–

94/U.S. 127 North.

$3,000,000.00

2796. California ............... Implement ITS on Muni Transit System, San

Francisco.

$4,000,000.00

2797. Illinois ................... Widen and improve Chain of Rocks Road between IL 111 and I–255.$2,156,000.00

2798. Pennsylvania ......... Improve handicapped accessibility and provide a pedestrian overpass.$3,000,000.00

2799. Kentucky ............... Replace bridge and approaches on CR 5230

over North Rolling Fork River (C20),

Danville.

$770,000.00
346

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2800. Tennessee .............. Develop trails, bike paths and recreational facilities on Western Slope Black Mountain,

Cumberland County for Cumberland Trail

State Park.

$250,000.00

2801. Minnesota .............. Construct Mesabi Trail completion from

Grand Rapids to City of Ely.

$2,700,000.00

2802. Ohio ....................... Construct transportation enhancements

projects, Toledo.

$6,000,000.00

2803. Virginia ................. Construct eastbound and westbound ramps

with bridges to provide direct access from

I–95 to Temple Avenue in Colonial Heights.

$2,000,000.00

2804. New Jersey ............ Newark Waterfront pedestrian and bicycle access, Broad Street to NJPAC to Minish

Park.

$1,784,000.00

2805. California ............... Upgrade and reconstruct I–580/Vasco Road

Interchange, City of Livermore.

$2,500,000.00

2806. Michigan ................ Livonia, Reconstruct Stark Rd. between

Plymouth Rd. and I–96.

$1,000,000.00

2807. Georgia .................. Add 5-10 ft. sidewalks in downtown Winder

to improve bicycle/pedestrian streetscapes,

safety, increase handicap access, and add

bicycle parking.

$2,000,000.00

2808. Utah ...................... Highway 6 from I–15 to I–70 ........................ $3,000,000.00

2809. California ............... Upgrade Save Mart Center intersection at

Willow and Ashlan and Willow and Shaw,

City of Fresno.

$500,000.00

2810. Alabama ................ U.S. 82/I–65 connector and/or AL 5 improvements in Bibb County.$3,000,000.00

2811. California ............... Undertake Cordelia Hill/Sky Valley transportation enhancement project including upgrade of pedestrian and bicycle corridors,

Solano County.

$2,000,000.00

2812. Michigan ................ White Lake, Pave Cooley Lake Rd. between

Hix and Newburgh Roads.

$500,000.00

2813. Massachusetts ....... Construct Quinebaug River Rail Trail ........... $1,000,000.00

2814. Texas ..................... Widen Spur 298 to a 6-lane urban roadway,

McLennan County.

$4,000,000.00

2815. New Mexico ........... Construct the NM 524 South truck bypass in

Carlsbad.

$7,000,000.00

2816. Michigan ................ Pave Braves Avenue to connect the high

school and grade school for safe bus route,

Gladstone.

$370,000.00

2817. Michigan ................ Study the development and construction of a

new interchange at Sternberg Road and I–

96.

$1,000,000.00

2818. Georgia .................. Truck bypass/I–75 at Oakridge Road, Tift

County.

$500,000.00

2819. Texas ..................... Construction of Segment No. 1 of Morrison

Road for the City of Brownsville.

$2,000,000.00

2820. Florida ................... I–275 Roosevelt Blvd. Connector, Pinellas

County.

$10,000,000.00

2821. Mississippi ............. Upgrade Dog Pen Road and Galilee Road in

Holmes County, and roads in Cruger, Pickens, and Goodman.

$1,490,000.00

2822. California ............... I–5/SR 56 connector construction from westbound SR 56 to north bound I–5, and from

southbound I–5 to eastbound SR 56.

$4,000,000.00

2823. Connecticut ........... Construct Enfield high-speed rail crossing to

bike and pedestrian trails.

$2,300,000.00

2824. Minnesota .............. Aerial Lift Bridge preservation and improvements.$3,040,000.00

2825. American Samoa ... Drainage mitigation for Pago Pago village

roads.

$1,000,000.00

2826. California ............... Install new crossing under the BNSF railroad

at Ranchero Road in Hesperia.

$6,000,000.00

2827. Pennsylvania ......... Construct 9th and 10th Street bridges over

Norfolk Southern Tracks, Lebanon.

$7,000,000.00

2828. Pennsylvania ......... Relocate New Salem Road to create a 4 lane

connection from SR 21 and Matthew Drive

to U.S. 40.

$2,000,000.00
347

•HR 3550 EH

High Priority Projects—Continued

No. State Project Description Amount

2829. Arkansas ............... Improvement of Dallas County Roads 101,

124, 209, and 113.

$500,000.00

2830. Pennsylvania ......... Improve Route 6 from Mansfield Borough to

the Village of Mainesburg.

$1,000,000.00

2831. Washington ........... Three Bridge Corridor (Skagit River) Extension Project, Skagit County.$5,000,000.00

2832. California ............... Add interchange to I–15 and improve connecting roads in Victorville, CA.$1,500,000.00

2833. Colorado ................ Build Powers/Woodmen Interchange to a

grade separated interchange.

$15,000,000.00

2834. Texas ..................... Preston Road will connect air & seaport facilities via Ellington Air Field and several

Houston Ship Channel industry locations.

$1,000,000.00

2835. Texas ..................... Union Pacific Railroad Bridge Expansion

Over U.S. 287.

$3,000,000.00

2836. Washington ........... Modernize and study interchange at I–5 and

SR 503.

$300,000.00

2837. Kansas ................... Widening of U.S. 69 from Pittsburg to Baxter Springs, KS.$5,000,000.00

2838. Georgia .................. Flint River Bridge; right-of-way acquisition,

construction, Albany.

$1,000,000.00

2839. Minnesota .............. Provide biking and pedestrian trails between

Century Middle School and Minnesota

Highway 34 in Park Rapids.

$250,000.00

2840. Illinois ................... Construct bike/pedestrian paths, Chicago ...... $3,000,000.00

2841. Georgia .................. Highway 92 realignment in Douglas County $11,250,000.00

2842. Georgia .................. I–285/I–20 West Side Interchange ................. $1,250,000.00

2843. Georgia .................. City of Fayetteville Downtown Enhancements

for economic development.

$500,000.00

2844. Georgia .................. Construct roads in Rockdale Veterans Memorial Park.$1,000,000.00

2845. Colorado ................ I–25 from Highway 52 to Highway 14, widening and safety improvements; implementation of multi-modal alternatives identified

in EIS.

$8,000,000.00

2846. Colorado ................ Highway 287 from the Oklahoma State Line

to Limon, Colorado; reconstruct highway

with concrete and create a 2-lane super

highway.

$3,000,000.00

2847. Colorado ................ I–76 from the Nebraska State line to its

intersection with E470; reconstruction of

pavement, major safety and geometric improvements.

$3,000,000.00

2848. Arkansas ............... Construction of I–530 between Pine Bluff

and Wilmar.

$40,000,000.00

2849. Nebraska ............... Resurface bridge connecting U.S. 75 and I–

29 in the City of Bellevue.

$500,000.00

2850. New Jersey ............ Washington Township/Downtown Congestion

Mitigation Project.

$1,250,000.00

2851. Connecticut ........... I–84 Waterbury Expressway Reconstruction

from Waterbury to Southington.

$3,800,000.00

2852. Connecticut ........... Provide substantial improvements to intersection ramps in I–84 from the New York

State line at Exit 1 in Danbury easterly to

Exit 11 in Newtown.

$3,800,000.00

2853. Connecticut ........... Lakeville Center Enhancement improves the

pedestrian and vehicle safety of the intersection of Routes 41 and 44.

$895,000.00

2854. Connecticut ........... Union Station Reconstruction in Falls Village $1,705,000.00

2855. Connecticut ........... Broad Street Reconstruct Project in New

Britain.

$3,800,000.00

2856. Minnesota .............. City of Moorhead SE Main GSI, 34th St. and

I94 Interchange, and Moorhead Comprehensive Rail Safety Program.

$2,000,000.00

2857. Minnesota .............. Paynesville Highway 23 Bypass ..................... $2,000,000.00

2858. Commonwealth of

Northern Mariana Islands.

Commonwealth of the Northern Mariana Islands planning, design, and construction of

East Coast Highway/Route 36 Saipan.

$12,000,000.00

2859. Illinois ................... Stearns Road Bridge, Kane County ............... $88,000,000.00
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High Priority Projects—Continued

No. State Project Description Amount

2860. Alaska .................... Intermodal facility improvements at the Port

of Anchorage.

$25,000,000.00

2861. Alaska .................... Improve marine dry-dock and facilities in

Ketchikan.

$25,000,000.00

2862. New York .............. Audobon Parkway at Lee Road (University at

Buffalo).

$4,500,000.00

2863. Louisiana ............... Replace the Prospect Street bridge (LA

3087), Houma.

$3,000,000.00

2864. Louisiana ............... Expand existing South Central Planning and

Development Commission Intelligent

Transportation System program in HoumaThibodaux area by installing signals, sensors and systems.

$1,800,000.00

2865. Louisiana ............... Plan and develop a 4-lane roadway,

Jeanerette to U.S. 90 connection.

$200,000.00

2866. Louisiana ............... Plan, design, land acquisition and construction for improved access to I–10 and U.S.

61/River Road in St. John the Baptist and

in Ascension Parish on the LA 22 Corridor.

$2,750,000.00

2867. Louisiana ............... Continue planning and construction of the

New Orleans Regional Planning Commission Mississippi River trail in St. John,

Plaquemines, St. Bernard and St. Charles

parishes.

$1,900,000.00

2868. Louisiana ............... Improve Ralph Darden Memorial Parkway

between LA 182 and Martin Luther King

Road, St. Mary Parish.

$350,000.00

2869. Louisiana ............... Improvements to LA 46 in St. Bernard Parish.$400,000.00

2870. Colorado ................ Corridor Safety and Capacity Improvements

to Powers Blvd. (right-of-way purchase for

Powers Blvd.).

$5,000,000.00

2871. California ............... Reconstruct and widen SR 46 to a 4-lane expressway between Kern County line and I–

5.

$50,000,000.00

2872. California ............... Road construction and surface transportation

improvements in Bakersfield Metropolitan

area.

$50,000,000.00

2873. Ohio ....................... Improve Route 62 (Town and Main Street)

Bridges over Scioto River in Columbus.

$13,000,000.00

2874. Ohio ....................... Upgrade Route 665 Bridge over I–71 and

widen I–71 between Route 665 and I–270

by 1 lane each direction in Grove City.

$15,000,000.00

2875. Illinois ................... Ogden Corridor project alternatives analysis,

environmental work, preliminary engineering and final design in Cook County.

$40,000,000.00

2876. Arizona .................. White Spar Road improvement ....................... $3,000,000.00

2877. Texas ..................... South Orient Economic Rehabilitation ........... $14,000,000.00

2878. Virginia ................. Construction of I–66/Route 29 Interchange in

Gainsville.

$4,500,000.00

2879. Virginia ................. Improvements to Washington Street in

Haymarket.

$250,000.00

2880. Virginia ................. Parking lot expansion and sidewalk improvements on Main Street in Clifton.$250,000.00

2881. New York .............. Improvements to Batchellorville Bridge, Saratoga County.$2,000,000.00
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1 Subtitle H—Miscellaneous

2 Provisions

3 SEC. 1801. BUDGET JUSTIFICATION.

4 The Department of Transportation and each agency

5 therein shall submit to the Committee on Transportation

6 and Infrastructure of the House of Representatives a

7 budget justification concurrently with the President’s an8 nual budget submission to Congress under section 1105(a)

9 of title 31, United States Code.

10 SEC. 1802. MOTORIST INFORMATION.

11 Section 124 of of title I of division F of the Consoli12 dated Appropriations Act, 2004 (118 Stat. 296–297) is

13 repealed.

14 SEC. 1803. MOTORIST INFORMATION CONCERNING FULL

15 SERVICE RESTAURANTS.

16 Not later than 180 days after the date of enactment

17 of this Act, the Secretary shall initate a rulemaking to

18 determine whether or not—

19 (1) full service restaurants should be given pri20 ority on not more than 2 panels of the camping or

21 attractions logo specific service signs in the Manual

22 on Uniform Traffic Control Devices of the Depart23 ment of Transportation when the food logo specific

24 service sign is fully utilized; and
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1 (2) full service restaurants should be given pri2 ority on not more than two panels of the food logo

3 specific service signs in such Manual when the

4 camping or attractions logo specific service signs are

5 fully utilized.

6 SEC. 1804. HIGH PRIORITY CORRIDORS ON THE NATIONAL

7 HIGHWAY SYSTEM.

8 Section 1105(c) of the Intermodal Surface Transpor9 tation Efficiency Act of 1991 (105 Stat. 2032) is

10 amended—

11 (1) in paragraph (23) by inserting before the

12 period at the end the following: ‘‘and the connection

13 from Wichita, Kansas, to Sioux City, Iowa, which in14 cludes I–135 from Wichita, Kansas to Salina, Kan15 sas, United States Route 81 from Saline, Kansas, to

16 Norfolk, Nebraska, Nebraska State Route 35 from

17 Norfolk, Nebraska, to South Sioux City, Nebraska,

18 and the connection to I–29 in Sioux City, Iowa’’;

19 (2) by striking paragraph (34) and inserting

20 the following:

21 ‘‘(34) The Alameda Corridor-East and South22 west Passage, California. The Alameda Corridor23 East is generally described as the corridor from East

24 Los Angeles (terminus of Alameda Corridor)

25 through Los Angeles, Orange, San Bernardino, and
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1 Riverside Counties, to termini at Barstow in San

2 Bernardino County and Coachella in Riverside

3 County. The Southwest Passage shall follow I–10

4 from San Bernardino to the Arizona State line.’’;

5 (3) by adding at the end the following:

6 ‘‘(46) Interstate Route 710 between the ter7 minus at Long Beach, California, to California State

8 Route 60.

9 ‘‘(47) Interstate Route 87 from the Quebec bor10 der to New York City.

11 ‘‘(48) The Route 50 High Plains Corridor along

12 the United States Route 50 corridor from Newton,

13 Kansas, to Pueblo, Colorado.

14 ‘‘(49) The Atlantic Commerce Corridor on

15 Interstate Route 95 from Jacksonville, Florida, to

16 Miami, Florida.

17 ‘‘(50) The East-West Corridor commencing in

18 Watertown, New York, continuing northeast through

19 New York, Vermont, New Hampshire, and Maine,

20 and terminating in Calais, Maine.

21 ‘‘(51) The SPIRIT Corridor on United States

22 Route 54 from El Paso, Texas, through New Mex23 ico, Texas, and Oklahoma to Wichita, Kansas.

24 ‘‘(52) The route in Arkansas running south and

25 parallel to United States Route 226 from the reloca-
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1 tion of United States Route 67 to the vicinity of

2 United States Route 49 and United States Route

3 63.

4 ‘‘(53) United States Highway Route 6 from

5 Interstate Route 70 to Interstate Route 15, Utah.

6 ‘‘(54) The California Farm-to-Market Corridor,

7 California State Route 99 from south of Bakersfield

8 to Sacramento, California.’’; and

9 (4) by aligning paragraph (45) with paragraph

10 (46).

11 SEC. 1805. ADDITIONS TO APPALACHIAN REGION.

12 (a) KENTUCKY.—Section 14102(a)(1)(C) of title 40,

13 United States Code, is amended—

14 (1) by inserting ‘‘Nicholas,’’ after ‘‘Morgan,’’;

15 and

16 (2) by inserting ‘‘Robertson,’’ after ‘‘Pulaski,’’.

17 (b) OHIO.—Section 14102(a)(1)(H) of such title is

18 amended—

19 (1) by inserting ‘‘Ashtabula,’’ after ‘‘Adams,’’;

20 (2) by inserting ‘‘Fayette,’’ after ‘‘Coshocton,’’;

21 (3) by inserting ‘‘Mahoning,’’ after ‘‘Law22 rence,’’; and

23 (4) by inserting ‘‘Trumbull,’’ after ‘‘Scioto,’’.

24 (c) TENNESSEE.—Section 14102(a)(1)(K) of such

25 title is amended—
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1 (1) by inserting ‘‘Giles,’’ after ‘‘Franklin,’’; and

2 (2) by inserting ‘‘Lawrence, Lewis, Lincoln,’’

3 after ‘‘Knox,’’.

4 (d) VIRGINIA.—Section 14102(a)(1)(L) of such title

5 is amended—

6 (1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’;

7 and

8 (2) by inserting ‘‘Patrick,’’ after ‘‘Mont9 gomery,’’.

10 SEC. 1806. TRANSPORTATION ASSETS AND NEEDS OF

11 DELTA REGION.

12 (a) AGREEMENT.—Not later than 6 months after the

13 date of enactment of this Act, the Secretary shall enter

14 into an agreement with the Delta Regional Authority (re15 ferred to in this section as the ‘‘DRA’’) to conduct a com16 prehensive study of transportation assets and needs for

17 all modes of transportation (including passenger and

18 freight transportation) in the 8 States comprising the

19 Delta region (Alabama, Arkansas, Illinois, Kentucky, Lou20 isiana, Mississippi, Missouri and Tennessee).

21 (b) CONSULTATION.—Under the agreement, the

22 DRA, in conducting the study, shall consult with the De23 partment of Transportation, State transportation depart24 ments, local planning and development districts, local and
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1 regional governments, and metropolitan planning organi2 zations.

3 (c) REPORT.—Under the agreement, the DRA, not

4 later than 24 months after the date of entry into the

5 agreement, shall submit to the Secretary and the Com6 mittee on Transportation and Infrastructure of the House

7 of Representatives and the Committee on Environment

8 and Public Works of the Senate a final report on the re9 sults of the study, together with such recommendation as

10 the DRA considers appropriate.

11 (d) PLAN.—Under the agreement, the DRA, upon

12 completion of the report, shall establish a regional stra13 tegic plan to implement the recommendations of the re14 port.

15 (e) FUNDING.—

16 (1) AUTHORIZATION OFAPPROPRIATIONS.—

17 There is authorized to be appropriated out of the

18 Highway Trust Fund (other than the Mass Transit

19 Account), $500,000 for each of the fiscal years 2005

20 and 2006 to carry out this section.

21 (2) CONTRACT AUTHORITY.—Funds authorized

22 by this section shall be available for obligation in the

23 same manner and to the same extent as if such

24 funds were apportioned under chapter 1 of title 23,

25 United States Code; except that such funds shall re-
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1 main available until expended and shall not be trans2 ferable.

3 SEC. 1807. TOLL FACILITIES WORKPLACE SAFETY STUDY.

4 (a) IN GENERAL.—The Secretary shall conduct a

5 study on the safety of highway toll collection facilities, in6 cluding toll booths, to determine the safety of the facilities

7 for the toll collectors who work in and around the facili8 ties, including consideration of—

9 (1) the effect of design or construction of the

10 facilities on the likelihood of vehicle collisions with

11 the facilities;

12 (2) the safety of crosswalks used by toll collec13 tors in transit to and from toll booths;

14 (3) the extent of the enforcement of speed lim15 its in the vicinity of the facilities;

16 (4) the use of warning devices, such as vibra17 tion and rumble strips, to alert drivers approaching

18 the facilities;

19 (5) the use of cameras to record traffic viola20 tions in the vicinity of the facilities;

21 (6) the use of traffic control arms in the vicin22 ity of the facilities;

23 (7) law enforcement practices and jurisdictional

24 issues that affect safety in the vicinity of the facili25 ties; and
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1 (8) the incidence of accidents and injuries in

2 the vicinity of toll booths.

3 (b) DATA COLLECTION.—As part of the study, the

4 Secretary shall collect data regarding the incidence of acci5 dents and injuries in the vicinity of highway toll collection

6 facilities.

7 (c) REPORT.—Not later than 1 year after the date

8 of enactment of this Act, the Secretary shall transmit to

9 the Committee on Transportation and Infrastructure of

10 the House of Representatives and the Committee on Envi11 ronment and Public Works of the Senate a report on the

12 results of the study, together with recommendations for

13 improving toll facilities workplace safety.

14 (d) FUNDING.—

15 (1) AUTHORIZATION OFAPPROPRIATIONS.—

16 There is authorized to be appropriated to carry out

17 this section, out of the Highway Trust Fund (other

18 than the Mass Transit Account), $500,000 for fiscal

19 year 2005.

20 (2) CONTRACT AUTHORITY.—Funds authorized

21 to be appropriated by this section shall be available

22 for obligation in the same manner and to the same

23 extent as if such funds were apportioned under

24 chapter 1 of title 23, United States Code; expect

25 that the Federal share of the cost of the project
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1 shall be 100 percent, and such funds shall remain

2 available until expended and shall not be transfer3 able.

4 SEC. 1808. PAVEMENT MARKING SYSTEMS DEMONSTRA5 TION PROJECTS.

6 (a) IN GENERAL.—The Secretary shall conduct a

7 demonstration project in the State of Alaska, and a dem8 onstration project in the State of Tennessee, to study the

9 safety impacts, environmental impacts, and cost effective10 ness of different pavement marking systems and the effect

11 of State bidding and procurement processes on the quality

12 of pavement marking material employed in highway

13 projects. The demonstration projects shall each include an

14 evaluation of the impacts and effectiveness of increasing

15 the width of pavement marking edge lines from 4 inches

16 to 6 inches and an evaluation of advanced acrylic water17 borne pavement markings.

18 (b) REPORT.—Not later than June 30, 2009, the

19 Secretary shall transmit to Congress a report on the re20 sults of the demonstration projects, together with findings

21 and recommendations on methods that will optimize the

22 cost-benefit ratio of the use of Federal funds on pavement

23 marking.

24 (c) FUNDING.—
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1 (1) AUTHORIZATION OFAPPROPRIATIONS.—

2 There is authorized to be appropriated to carry out

3 this section, out of the Highway Trust Fund (other

4 than the Mass Transit Account), $1,000,000 per fis5 cal year for each of the fiscal years 2005 through

6 2009.

7 (2) CONTRACT AUTHORITY.—Funds authorized

8 to be appropriated by this section shall be available

9 for obligation in the same manner and to the same

10 extent as if such funds were apportioned under

11 chapter 1 of title 23, United States Code; expect

12 that the Federal share of the cost of the demonstra13 tion projects shall be 100 percent, and such funds

14 shall remain available until expended and shall not

15 be transferable.

16 SEC. 1809. WORK ZONE SAFETY GRANTS.

17 (a) IN GENERAL.—The Secretary shall establish and

18 implement a work zone safety grant program under which

19 the Secretary may make grants to nonprofit organizations

20 to provide training to prevent or reduce highway work

21 zone injuries and fatalities.

22 (b) ELIGIBLE ACTIVITIES.—Grants may be made

23 under the program for the following purposes:
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1 (1) Training for construction craft workers on

2 the prevention of injuries and fatalities in highway

3 and road construction.

4 (2) Development of guidelines for the preven5 tion of highway work zone injuries and fatalities.

6 (3) Training for State and local government

7 transportation agencies and other groups imple8 menting guidelines for the prevention of highway

9 work zone injuries and fatalities.

10 (c) FUNDING.—

11 (1) IN GENERAL.—There is authorized to be

12 appropriated from the Highway Trust Fund (other

13 than the Mass Transit Account) to carry out this

14 section $5,000,000 for each of fiscal years 2005

15 through 2009.

16 (2) CONTRACT AUTHORITY.—Funds authorized

17 under this subsection shall be available for obligation

18 in the same manner as if the funds were apportioned

19 under chapter 1 of title 23, United States Code; ex20 cept that such funds shall not be transferable.

21 (d) CONSTRUCTION WORK IN ALASKA.—Section 114

22 of title 23, United States Code, is amended by adding at

23 the end the following:

24 ‘‘(c) CONSTRUCTION WORK IN ALASKA.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall ensure

2 that a worker who is employed on a remote project

3 for the construction of a highway or portion of a

4 highway located on a Federal-aid system in the

5 State of Alaska and who is not a domiciled resident

6 of the locality shall receive meals and lodging.

7 ‘‘(2) LODGING.—The lodging under paragraph

8 (1) shall be in accordance with section 1910.142 of

9 title 29, Code of Federal Regulations (relating to

10 temporary labor camp requirements).

11 ‘‘(3) DEFINITIONS.—In this subsection, the fol12 lowing definitions apply:

13 ‘‘(A) REMOTE.—The term ‘remote’, as

14 used with respect to a project, means that the

15 project is 75 miles or more from the United

16 States Post Office in either Fairbanks, Anchor17 age, Juno, or Ketchikan, Alaska, or is inacces18 sible by road in a 2-wheel drive vehicle.

19 ‘‘(B) RESIDENT.—The term ‘resident’, as

20 used with respect to a project, means a person

21 living within 75 miles of the midpoint of the

22 project for at least 12 months.’’.
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1 SEC. 1810. GRANT PROGRAM TO PROHIBIT RACIAL

2 PROFILING.

3 (a) GRANTS.—Subject to the requirements of this

4 section, the Secretary shall make grants to a State that—

5 (1)(A) has enacted and is enforcing a law that

6 prohibits the use of racial profiling in the enforce7 ment of State laws regulating the use of Federal-aid

8 highways; and

9 (B) is maintaining and allows public inspection

10 of statistical information for each motor vehicle stop

11 made by a law enforcement officer on a Federal-aid

12 highway in the State regarding the race and eth13 nicity of the driver and any passengers; or

14 (2) provides assurances satisfactory to the Sec15 retary that the State is undertaking activities to

16 comply with the requirements of paragraph (1).

17 (b) ELIGIBLE ACTIVITIES.—A grant received by a

18 State under subsection (a) shall be used by the State—

19 (1) in the case of a State eligible under sub20 section (a)(1), for costs of—

21 (A) collecting and maintaining of data on

22 traffic stops;

23 (B) evaluating the results of the data; and

24 (C) developing and implementing programs

25 to reduce the occurrence of racial profiling, in-
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1 cluding programs to train law enforcement offi2 cers; and

3 (2) in the case of a State eligible under sub4 section (a)(2), for costs of—

5 (A) activities to comply with the require6 ments of subsection (a)(1); and

7 (B) any eligible activity under paragraph

8 (1).

9 (c) RACIAL PROFILING.—To meet the requirement of

10 subsection (a)(1), a State law shall prohibit, in the en11 forcement of State laws regulating the use of Federal-aid

12 highways, a State or local law enforcement officer from

13 using the race or ethnicity of the driver or passengers to

14 any degree in making routine or spontaneous law enforce15 ment decisions, such as ordinary traffic stops on Federal16 aid highways. Nothing in this subsection shall alter the

17 manner in which a State or local law enforcement officer

18 considers race or ethnicity whenever there is trustworthy

19 information, relevant to the locality or time frame, that

20 links persons of a particular race or ethnicity to an identi21 fied criminal incident, scheme, or organization.

22 (d) LIMITATIONS.—

23 (1) MAXIMUM AMOUNT OFGRANTS.—The total

24 amount of grants received by a State under this sec25 tion in a fiscal year may not exceed 5 percent of the
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1 amount made available to carry out this section in

2 the fiscal year.

3 (2) ELIGIBILITY.—A State may not receive a

4 grant under subsection (a)(2) in more than 2 fiscal

5 years.

6 (e) AUTHORIZATION OF APPROPRIATIONS.—

7 (1) IN GENERAL.—There is authorized to be

8 appropriated from the Highway Trust Fund (other

9 than the Mass Transit Account) to carry out this

10 section $10,000,000 for each of fiscal years 2004

11 through 2009.

12 (2) CONTRACT AUTHORITY.—Funds authorized

13 under this subsection shall be available for obligation

14 in the same manner as if the funds were apportioned

15 under chapter 1 of title 23, United States Code, ex16 cept the Federal share of the cost of activities car17 ried out using such funds shall be 100 percent, and

18 such funds shall remain available until expended and

19 shall not be transferable.

20 SEC. 1811. AMERICA’S BYWAYS RESOURCE CENTER.

21 (a) IN GENERAL.—The Secretary shall allocate funds

22 made available to carry out this section to the America’s

23 Byways Resource Center established pursuant to section

24 1215(b)(1) of the Transportation Equity Act for the 21st

25 Century (112 Stat. 209).
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1 (b) TECHNICAL SUPPORT AND EDUCATION.—

2 (1) USE OFFUNDS.—The Center shall use

3 funds allocated to the Center under this section to

4 continue to provide technical support and conduct

5 educational activities for the national scenic byways

6 program established under section 162 of title 23,

7 United States Code.

8 (2) ELIGIBLE ACTIVITIES.—Technical support

9 and educational activities carried out under this sub10 section shall provide local officials and organizations

11 associated with National Scenic Byways and All12 American Roads with proactive, technical, and on13 site customized assistance, including training, com14 munications (including a public awareness series),

15 publications, conferences, on-site meetings, and

16 other assistance considered appropriate to develop

17 and sustain such byways and roads.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated out of the Highway Trust

20 Fund (other than the Mass Transit Account) to carry out

21 this section $3,500,000 for each of fiscal years 2004

22 through 2009.

23 (d) APPLICABILITY OF TITLE 23.—Funds authorized

24 by this section shall be available for obligation in the same

25 manner as if such funds were apportioned under chapter
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1 1 of title 23, United States Code; except that the Federal

2 share of the cost of any project or activity carried out

3 under this subsection shall be 100 percent and such funds

4 shall remain available until expended and shall not be

5 transferable.

6 SEC. 1812. TECHNICAL ADJUSTMENT.

7 (a) IN GENERAL.—The donee of the vessel with the

8 Unit Identification Code number 13862 is deemed to be

9 the owner of that vessel free and clear as of September

10 1, 2000.

11 (b) FEDERAL CLAIMS.—All Federal claims arising

12 from the donation or use of the vessel described in sub13 section (a) are permanently extinguished.

14 SEC. 1813. ROAD USER CHARGE EVALUATION PILOT

15 PROJECT.

16 (a) IN GENERAL.—The Secretary shall carry out a

17 national evaluation pilot project to assess how intelligent

18 transportation system technology can be applied to assess

19 mileage-based road user charges for the purposes of col20 lecting revenues for the Highway Trust Fund.

21 (b) MATTERS TO BE EVALUATED.—The following

22 matters shall be evaluated under the pilot project:

23 (1) Technical feasibility of imposing mileage24 based road user charges, including cost, reliability,
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1 and security of on-board and intelligent transpor2 tation systems.

3 (2) Compatibility of technology for imposing

4 such charges with automobile and truck design.

5 (3) Design and testing of a collection system

6 for such charges that is secure, low cost, and easy

7 to use.

8 (4) Methods of ensuring privacy of road users

9 and assessing public attitudes and views of motorists

10 who participate in field tests of the equipment and

11 system.

12 (c) REPORTS.—The Secretary shall transmit annual

13 reports on the status of the pilot project and, not later

14 than June 30, 2009, a final report on the results of the

15 pilot project, together with findings and recommendations,

16 to the Secretary of the Treasury, the Committee on Trans17 portation and Infrastructure and the Committee on Ways

18 and Means of the House of Representatives, and the Com19 mittee on Environment and Public Works and the Com20 mittee on Finance of the Senate.

21 (d) AUTHORIZATION OF APPROPRIATION.—

22 (1) IN GENERAL.—There is authorize from the

23 Highway Trust Fund (other than the Mass Transit

24 Account) to carry out this section $1,000,000 for
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1 each of fiscal years 2005 and 2006 and $3,500,000

2 for each of fiscal years 2007, 2008, and 2009.

3 (2) CONTRACT AUTHORITY.—Funds authorized

4 under this subsection shall be available for obligation

5 in the same manner as if the funds were apportioned

6 under chapter 1 of title 23, United States Code; ex7 cept the Federal share of the cost of the pilot project

8 shall be 100 percent, and such funds shall remain

9 available until expended and shall not be transfer10 able.

11 SEC. 1814. THOMAS P. ‘‘TIP’’ O’NEILL, JR. TUNNEL.

12 (a) DESIGNATION.—In honor of his service to the

13 Commonwealth of Massachusetts and the United States

14 of America, and in recognition of his contributions toward

15 the construction of Central Artery Tunnel project in Bos16 ton, the northbound and southbound tunnel of Interstate

17 Route 93, located in the city of Boston, which extends

18 north of the intersection of Interstate Route 90 and Inter19 state Route 93 to the Leonard P. Zakim Bunker Hill

20 Bridge, is designated as the ‘‘Thomas P. ‘Tip’ O’Neill, Jr.

21 Tunnel’’.

22 (b) REFERENCES.—Any reference in law, map, regu23 lation, document, paper, or other record of the United

24 States to the tunnel referred to in subsection (a) shall be
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1 deemed to be a reference to the ‘‘Thomas P. ‘Tip’ O’Neill,

2 Jr. Tunnel’’.

3 SEC. 1815. CONFORMING AMENDMENT FOR TRANSPOR4 TATION PLANNING SECTIONS.

5 (a) METROPOLITAN PLANNING.—Section 134 of title

6 23, United States Code is amended to read as follows:

7 ‘‘§ 134. Metropolitan planning

8 ‘‘Metropolitan transportation planning programs

9 funded under section 104(f) shall be carried out in accord10 ance with the metropolitan planning provisions of chapter

11 52, title 49, United States Code.’’.

12 (b) STATEWIDE PLANNING.—Section 135 of such

13 title is amended to read as follows:

14 ‘‘§ 135. Statewide planning

15 ‘‘Statewide transportation planning programs funded

16 under section 104(f) shall be carried out in accordance

17 with the statewide planning provisions of chapter 52, title

18 49, United States Code.’’.

19 SEC. 1816. DISTRIBUTION OF METROPOLITAN PLANNING

20 FUNDS WITHIN STATES.

21 Section 104(f)(4) of title 23, United States Code, is

22 amended by adding at the end the following: ‘‘Such dis23 tribution of funds to metropolitan planning organizations

24 shall be made within 30 days of the date of receipt of such

25 funds from the Secretary.’’.
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1 SEC. 1817. TREATMENT OF OFF RAMP.

2 The Harbor Boulevard off ramp from Interstate

3 Route 405 in Costa Mesa, California, is deemed to satisfy

4 the requirements of title 23, United States Code, that gov5 ern the approval of the placement of ramps off of a Fed6 eral-aid highway.

7 SEC. 1818. LOAN FORGIVENESS.

8 Debt outstanding as of the date of enactment of this

9 Act for project number Q–DPM–0013(001) carried out

10 under section 108(c) of title 23, United States Code, is

11 deemed satisfied.

12 SEC. 1819. LEAD AGENCY DESIGNATION.

13 The public entity established under California law in

14 1989 to acquire rights-of-way in northwestern California

15 to maintain surface transportation infrastructure is here16 by designated as the lead agency for the purpose of accept17 ing Federal funds authorized under item 13 of the table

18 contained in section 1108(b) of the Intermodal Surface

19 Transportation Efficiency Act of 1991 (105 Stat. 2061).

20 SEC. 1820. USE OF DEBRIS FROM DEMOLISHED BRIDGES

21 AND OVERPASSES.

22 The project agreement for a Federal-aid highway

23 project shall provide that any debris from demolition of

24 a bridge or overpass that is on the Federal-aid highway

25 must be made available for beneficial public use by Fed26 eral, State, and local governments. Any additional cost as-
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1 sociated with making available the debris shall be borne

2 by the recipient of the debris.

3 SEC. 1821. HUBZONE PROGRAM.

4 Section 3(p)(4)(B)(ii) of the Small Business Act (15

5 U.S.C. 632(p)(4)(B)(ii)) is amended—

6 (1) in subclause (I) by striking ‘‘or ’’ at the

7 end;

8 (2) in subclause (II) by striking the period at

9 the end and inserting ‘‘; or’’ ; and

10 (3) by adding after subclause (II) the following:

11 ‘‘(III) there is located a difficult

12 development area, as designated by

13 the Secretary of Housing and Urban

14 Development in accordance with sec15 tion 42(d)(5)(C)(iii) of the Internal

16 Revenue Code of 1986, within Alaska,

17 Hawaii, or any territory or possession

18 of the United States outside the 48

19 contiguous States.’’.

20 SEC. 1822. TECHNICAL AMENDMENTS TO TEA 21 PROJECTS.

21 The table contained in section 1602 of the Transpor22 tation Equity Act for the 21st Century (112 Stat. 257)

23 is amended—

24 (1) in item number 35 by adding ‘‘and for other

25 related purposes’’ after ‘‘Yard’’;
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1 (2) in item number 78 by striking ‘‘Third’’ and

2 all that follows through ‘‘Bridge’’ and inserting

3 ‘‘Bayview Transportation Improvements Project’’;

4 (3) in item number 312 by inserting ‘‘through

5 construction’’ after ‘‘engineering’’;

6 (4) in item number 800 by striking ‘‘Fairview

7 Township’’ and inserting ‘‘or other projects selected

8 by the York County, Pennsylvania MPO’’;

9 (5) in item number 820 by striking ‘‘Conduct’’

10 and all that follows through ‘‘interchange’’ and in11 serting ‘‘Conduct a transportation needs study and

12 make improvements to I-75 interchanges in the

13 Grayling area’’;

14 (6) in item number 897 by striking ‘‘Upgrade’’

15 and all that follows through ‘‘interchange’’ and in16 serting ‘‘Engineering and construction of a new ac17 cess road to a development near Interstate 57 and

18 167th Street in Country Club Hills’’;

19 (7) in item number 1121 by striking ‘‘Con20 struct’’ and all that follows through ‘‘Douglaston

21 Parkway’’ and inserting ‘‘Provide landscaping along

22 both sides of the Grand Central Parkway from

23 188th Street to 172nd Street’’;
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1 (8) in item 1225 by striking ‘‘Construct SR 9

2 bypass’’ and inserting ‘‘Study, design, and construct

3 transportation solutions for SR 9 corridor’’; and

4 (9) in item number 1447 strike ‘‘Extend’’ and

5 all that follows through ‘‘Valparaiso’’ and insert

6 ‘‘Design and construction of interchange at I-65 and

7 109th Avenue, Crown Point’’.

8 SEC. 1823. NATIONAL WORK ZONE SAFETY INFORMATION

9 CLEARINGHOUSE.

10 The Secretary shall make grants of $1,000,000 for

11 fiscal years 2005 through 2009 to a national nonprofit

12 foundation for the operation of the National Work Zone

13 Safety Information Clearinghouse, authorized by section

14 358(b)(2) of Public Law 104–59, created for the purpose

15 of assembling and disseminating, by electronic and other

16 means, information relating to improvement of roadway

17 work zone safety.

18 SEC. 1824. TRANSPORTATION CONFORMITY.

19 (a) CONFORMITY REDETERMINATIONS.—Section

20 176(c)(2) of the Clean Air Act (42 U.S.C. 7506(c)) is

21 amended by adding at the end the following:

22 ‘‘(E) The appropriate metropolitan planning or23 ganization shall redetermine conformity for existing

24 transportation plans and programs not later than 2

25 years after the date on which the Administrator—
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1 ‘‘(i) finds a motor vehicle emissions budget

2 in a submitted implementation plan to be ade3 quate in accordance with section 93.118(e)(4)

4 of title 40, Code of Federal Regulations (as in

5 effect on October 1, 2003); or

6 ‘‘(ii) approves an implementation plan

7 under section 110(k) or promulgates an imple8 mentation plan under section 110(c) that estab9 lishes a motor vehicle emissions budget where

10 there was no prior budget or that establishes a

11 budget that significantly varies from any motor

12 vehicle emissions budget in effect pursuant to

13 an adequacy determination in accordance with

14 section 93.118(e)(4) of title 40, Code of Fed15 eral Regulations (as in effect on October 1,

16 2003) or as part of an implementation plan ap17 proved or promulgated under section 110.’’.

18 (b) FREQUENCY OF CONFORMITY DETERMINATION

19 UPDATES.—Section 176(c)(4) of the Clean Air Act (42

20 U.S.C. 7506(c)(4)) is amended follows:

21 (1) By striking ‘‘one year after the date of en22 actment of the Clean Air Act Amendments of 1990’’

23 and inserting ‘‘one year after the date of enactment

24 of the Transportation Equity Act: A Legacy for

25 Users’’ .
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1 (2) In subparagraph (B) by amending clause

2 (ii) to read as follows:

3 ‘‘(ii) provide that conformity determinations for

4 transportation plans and programs be determined

5 every 4 years in areas designated as nonattainment

6 or redesignated to attainment (unless a metropolitan

7 planning organization as designated in section

8 5213(b) of title 49, United States Code, elects to up9 date a transportation plan and program more fre10 quently or is required to determine conformity in ac11 cordance with paragraph (2)(E)).’’.

12 (c) TIME HORIZON FOR CONFORMITY DETERMINA13 TIONS IN NONATTAINMENT AREAS.—Subsection (c) of

14 section 176 of the Clean Air Act (42 U.S.C. 7506(c)) is

15 amended by adding the following new paragraph at the

16 end thereof:

17 ‘‘(7) TIME HORIZON FOR DETERMINATIONS.—

18 Each conformity determination required under this

19 section for a transportation plan under section

20 5213(g) of title 49 of the United States Code shall

21 require a demonstration of conformity during the pe22 riod ending on either the final year of the transpor23 tation plan or, at the election of the metropolitan

24 planning organization and an air pollution control

25 agency, as defined in section 302(b), if such air pol-
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1 lution control agency is responsible for developing

2 plans or controlling air pollution within the area cov3 ered by the transportation plan on the later of the

4 following dates (hereinafter in this paragraph re5 ferred to as the ‘final transportation conformity

6 date’):

7 ‘‘(A) The tenth year of the transportation

8 plan.

9 ‘‘(B) The attainment date set forth in the

10 applicable implementation plan for the air pol11 lutant concerned.

12 ‘‘(C) The year after the completion of a re13 gionally significant project, if the project will be

14 programmed in the transportation improvement

15 program or requires approval before the subse16 quent conformity determination.

17 Such conformity determination shall be accompanied

18 by a regional emissions analysis for any years of the

19 transportation plan that extend beyond such final

20 conformity date. In the case in which an area has

21 a revision to an implementation plan under section

22 175A(b) and the Administrator has found the motor

23 vehicle emissions budgets from that revision to be

24 adequate in accordance with section 93.118(e)(4) of

25 title 40, Code of Federal Regulations (as in effect
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1 October 1, 2003), or has approved the revision, the

2 demonstration of conformity (at the election of the

3 metropolitan planning organization and an air pollu4 tion control agency, as defined in section 302(b), if

5 such air pollution control agency is responsible for

6 developing plans or controlling pollution within the

7 area covered by the transportation plan) and the

8 metropolitan planning organization shall be required

9 to extend only through the last year of the imple10 mentation plan required under section 175A(b).’’.

11 (d) SUBSTITUTION OF TRANSPORTATION CONTROL

12 MEASURES.—Subsection 176(c) of the Clean Air Act (42

13 U.S.C. 7506(c)) is amended by adding at the end the end

14 the following new paragraph:

15 ‘‘(8)(A) Transportation control measures that

16 are specified in an implementation plan may be re17 placed in the implementation plan with substitute

18 transportation control measures if—

19 ‘‘(i) the substitute measures achieve equiv20 alent or greater emission reductions than the

21 control measures to be replaced, as determined

22 by the Administrator

23 ‘‘(ii) the substitute measures utilize an

24 emissions impact analysis that is consistent

25 with the current methodology used for evalu-
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1 ating replaced control measures in the imple2 mentation plan;

3 ‘‘(iii) the substitute control measures are

4 implemented not later than the date on which

5 such emission reductions are necessary to

6 achieve the purpose of the implementation plan;

7 ‘‘(iv) the substitute control measures were

8 developed with reasonable public notice and the

9 opportunity for comments; and

10 ‘‘(v) the metropolitan planning organiza11 tion finds that adequate funding is included in

12 the transportation improvement program to en13 sure timely implementation of the substitute

14 control measures.

15 ‘‘(B) After the requirements of paragraph (A)

16 are met, a State may adopt the substitute measures

17 in the applicable implementation plan within a rea18 sonable period of time.

19 ‘‘(C) The substitution of a transportation con20 trol measure in accordance with this paragraph shall

21 not be contingent on the existence of any provision

22 in the applicable implementation plan that expressly

23 permits such substitution.
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1 ‘‘(D) The substitution of a transportation con2 trol measure in accordance with this paragraph shall

3 not require—

4 ‘‘(i) a new conformity determination for

5 the transportation plan, or

6 ‘‘(ii) a revision of the applicable implemen7 tation plan.

8 ‘‘(E) A control measure that is being replaced

9 by a substitute control measure under this para10 graph shall remain in effect until the substitute con11 trol measure is adopted.

12 ‘‘(F) Adoption of a substitute control measure

13 shall constitute rescission of the previously applica14 ble control measure.

15 Transportation control measures may be added to an im16 plementation plan subject to subparagraphs (B), (C), and

17 (D), on the same basis as if such measures were substitute

18 transportation control measures if such measures do not

19 increase emissions for which limitations have been estab20 lished in an implementation plan, and such measures meet

21 the requirements of clauses (ii), (iii), (iv), and (v) of sub22 paragraph (A).’’.

23 (e) LAPSE OF CONFORMITY.—Subsection (c) of sec24 tion 176 of the Clean Air Act (42 U.S.C. 7506(c)) is
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1 amended by adding the following new paragraphs at the

2 end thereof:

3 ‘‘(9) LAPSE OFCONFORMITY.—If a conformity

4 determination required under this subsection for a

5 transportation plan under section 5213(g) of title 49

6 of the United States Code or a transportation im7 provement program under section 5213(h) of title 49

8 of the United States Code is not made by the appli9 cable deadline and such failure is not corrected by

10 additional measures to either reduce motor vehicle

11 emissions sufficient to demonstrate compliance with

12 the requirements of this subsection within 12

13 months after such deadline or other measures suffi14 cient to correct such failures, the transportation

15 plan shall lapse.

16 ‘‘(10) LAPSE.—The term ‘lapse’ means that the

17 conformity determination for a transportation plan

18 or transportation improvement program has expired,

19 and thus there is no currently conforming transpor20 tation plan or transportation improvement pro21 gram.’’.
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1 SEC. 1825. ELIGIBILITY TO PARTICIPATE IN WESTERN

2 ALASKA COMMUNITY DEVELOPMENT QUOTA

3 PROGRAM.

4 A community is deemed to be eligible to participate

5 in the western Alaska community development quota pro6 gram established under section 305(i) of the Magnuson7 Stevens Fishery Conservation and Management Act (16

8 U.S.C. 1855(i)) if the community—

9 (1) is listed in table 7 to part 679 of title 50,

10 Code of Federal Regulations, as in effect on March

11 8, 2004; or

12 (2) was determined to be eligible participate in

13 such program by the National Marine Fisheries

14 Service on April 19, 1999.

15 SEC. 1826. METROPOLITAN REGIONAL FREIGHT AND PAS16 SENGER TRANSPORTATION STUDY.

17 (a) IN GENERAL.—The Secretary shall enter into an

18 agreement with a partnership comprised of 2 institutions

19 of higher learning to study metropolitan regional freight

20 and passenger transportation and system-wide perform21 ance utilizing an interdisciplinary technique of supply

22 chain management, geographic information systems, and

23 urban/suburban planning and management.

24 (b) CONTENTS OF STUDY.—The study under this

25 section shall include, at a minimum, evaluations of—
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1 (1) best practices for regional transportation

2 operations and management;

3 (2) relationships among truck trip generation

4 and economic activities;

5 (3) spatial analysis of the distribution of eco6 nomic activity and transportation investments;

7 (4) congestion mitigation and management of

8 air quality through the concentration of modeling

9 and technology;

10 (5) supply chain management and geographic

11 information systems; and

12 (6) infrastructure management and renewal.

13 (c) FEDERAL SHARE.—The Federal share of the cost

14 of the study under this section shall be 100 percent.

15 (d) FUNDING.—Of the amounts made available to

16 carry out section 1305 for each of fiscal years 2005

17 through 2009, $1,800,000 shall be made available to carry

18 out this section.

19 SEC. 1827. INTERMODAL TRANSPORTATION FACILITY EX20 PANSION.

21 Any Federal and non-Federal share provided for the

22 Port of Anchorage for an intermodal transportation ma23 rine facility or for access to that facility shall be trans24 ferred to and administered by the Administrator of the

25 Maritime Administration.
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1 SEC. 1828. ADVANCED TRUCK STOP ELECTRIFICATION SYS2 TEM.

3 (a) DEFINITION.—Section 101(a) of title 23, United

4 States Code, as amended by section 1202 of this Act, is

5 further amended by adding at the end the following:

6 ‘‘(40) ADVANCED TRUCK STOP ELECTRIFICA7 TION SYSTEM.—The term ‘advanced truck stop elec8 trification system’ means a stationary system that

9 delivers heat, air conditioning, electricity, and com10 munications, and is capable of providing verifiable

11 evidence of use of those services, to a heavy-duty ve12 hicle and any occupants of the heavy-duty vehicle

13 without relying on components mounted onboard the

14 heavy-duty vehicle for delivery of those services.’’.

15 (b) ELIGIBILITY UNDER STP.—Section 133(b)(6) of

16 such title is amended by inserting ‘‘, including advanced

17 truck stop electrification systems’’ before the period at the

18 end.

19 (c) ELIGIBILITY UNDER CMAQ.—Section 149(b)(4)

20 of such title is amended by inserting ‘‘, including advanced

21 truck stop electrification systems,’’ after ‘‘facility or pro22 gram’’.

23 SEC. 1829. TECHNOLOGY.

24 States are encouraged to consider using a non-de25 structive technology able to detect cracks including sub-
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1 surface flaws as small as 0.005 inches in length or depth

2 in steel bridges.

3 SEC. 1830. EXTENSION OF PUBLIC TRANSIT VEHICLE EX4 EMPTION FROM AXLE WEIGHT RESTRIC5 TIONS.

6 Section 1023(h)(1) of the Intermodal Surface Trans7 portation Efficiency Act of 1991 (23 U.S.C. 127 note; 106

8 Stat. 1552) is amended by striking ‘‘2003’’ and inserting

9 ‘‘2009’’.

10 SEC. 1831. SENSE OF CONGRESS.

11 It is the sense of Congress that—

12 (1) the Buy America test required by Public

13 Law 97–424 needs to be applied to an entire bridge

14 project and not only to component parts of such

15 project;

16 (2) the law clearly states that domestic mate17 rials must be used in Federal highway projects un18 less there is a finding that the inclusion of domestic

19 materials will increase the cost of the overall project

20 by more than 25 percent;

21 (3) uncertainty regarding how to apply Buy

22 America laws for major bridge projects threatens the

23 domestic bridge industry;

24 (4) the Nation’s unemployment rate continues

25 to hover around 5.6 percent, steps are needed to
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1 protect American workers and the domestic bridge

2 building industry; and

3 (5) the Buy America Act was designed to en4 sure that, when taxpayer money is spent on direct

5 Federal Government procurement and infrastructure

6 projects, these expenditures stimulate United States

7 production and job creation.

8 TITLE II—HIGHWAY SAFETY

9 SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.

10 (a) IN GENERAL.—The following sums are author11 ized to be appropriated out of the Highway Trust Fund

12 (other than the Mass Transit Account):

13 (1) HIGHWAY SAFETY PROGRAMS.—For car14 rying out section 402 of title 23, United States

15 Code, $165,000,000 for fiscal year 2004,

16 $201,000,000 for fiscal year 2005, $202,000,000 for

17 fiscal year 2006, $205,000,000 for fiscal year 2007,

18 $209,000,000 for fiscal year 2008, and

19 $212,000,000 for fiscal year 2009.

20 (2) HIGHWAY SAFETY RESEARCH AND DEVEL21 OPMENT.—For carrying out section 403 of title 23,

22 United States Code, $72,000,000 for fiscal year

23 2004 and $73,000,000 for each of fiscal years 2005

24 through 2009.
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1 (3) OCCUPANT PROTECTION INCENTIVE

2 GRANTS.—For carrying out section 405 of title 23,

3 United States Code, $20,000,000 for fiscal year

4 2004, $117,000,000 for fiscal year 2005,

5 $120,000,000 for fiscal year 2006, $123,000,000 for

6 fiscal year 2007, $125,000,000 for fiscal year 2008,

7 and $130,000,000 for fiscal year 2009.

8 (4) ALCOHOL-IMPAIRED DRIVING COUNTER9 MEASURES INCENTIVE GRANT PROGRAM.—For car10 rying out section 410 of title 23, United States

11 Code, $40,000,000 for fiscal year 2004,

12 $111,000,000 for fiscal year 2005, $114,000,000 for

13 fiscal year 2006, $117,000,000 for fiscal year 2007,

14 $121,000,000 for fiscal year 2008, and

15 $125,000,000 for fiscal year 2009.

16 (5) STATE TRAFFIC SAFETY INFORMATION IM17 PROVEMENTS.—For carrying out section 412 of title

18 23, United States Code, $24,000,000 for fiscal year

19 2005, $28,000,000 for fiscal year 2006,

20 $32,000,000 for fiscal year 2007, $36,000,000 for

21 fiscal year 2008, and $39,000,000 for fiscal year

22 2009.

23 (6) NATIONAL DRIVER REGISTER.—For car24 rying out chapter 303 of title 49, United States

25 Code, by the National Highway Traffic Safety Ad-
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1 ministration, $4,000,000 for each of fiscal years

2 2004 through 2009.

3 (7) HIGH VISIBILITY ENFORCEMENT PRO4 GRAM.—For carrying out section 2005 of this title,

5 $10,000,000 for each of fiscal years 2005 through

6 2009.

7 (b) APPLICABILITY OF TITLE 23.—Except as other8 wise provided in chapter 4 of title 23, United States Code,

9 and this title, amounts made available under subsection

10 (a) for each of fiscal years 2004 through 2009 shall be

11 available for obligation in the same manner as if such

12 funds were apportioned under chapter 1 of title 23, United

13 States Code.

14 (c) TRANSFERS.—In each fiscal year, the Secretary

15 may transfer any amounts remaining available under

16 paragraph (3), (4), or (5) of subsection (a) to the amounts

17 made available under any other of such paragraphs in

18 order to ensure, to the maximum extent possible, that each

19 State receives the maximum incentive funding for which

20 the State is eligible under sections 405, 410, and 412 of

21 title 23, United States Code.

22 SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS.

23 (a) GENERAL AUTHORITY.—Section 405(a) of title

24 23, United States Code, is amended—
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1 (1) in paragraph (2) by striking ‘‘Transpor2 tation Equity Act for the 21st Century’’ and insert3 ing ‘‘Transportation Equity Act: A Legacy for

4 Users’’;

5 (2) in paragraph (3) by striking ‘‘1997’’ and in6 serting ‘‘2003’’; and

7 (3) in paragraphs (4)(A), (4)(B), and (4)(C) by

8 inserting after ‘‘years’’ the following: ‘‘beginning

9 after September 30, 2003,’’.

10 (b) GRANT ELIGIBILITY.—Section 405(b) of title 23,

11 United States Code, is amended by striking ‘‘A State shall

12 become eligible’’ and inserting the following: ‘‘A State

13 shall be eligible for a grant under this section if the State

14 has a seat belt usage rate of 85 percent or greater as of

15 the date of the grant, as determined by the Secretary. A

16 State shall also become eligible’’.

17 (c) GRANT AMOUNTS.—Section 405(c) of title 23,

18 United States Code, is amended—

19 (1) by striking ‘‘25 percent’’ and inserting ‘‘100

20 percent’’; and

21 (2) by striking ‘‘1997’’ and inserting ‘‘2003’’.

22 SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTER23 MEASURES.

24 (a) GENERAL AUTHORITY.—Section 410(a) of title

25 23, United States Code, is amended—
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1 (1) in paragraph (2) by striking ‘‘Transpor2 tation Equity Act for the 21st Century’’ and insert3 ing ‘‘Transportation Equity Act: A Legacy for

4 Users’’;

5 (2) in paragraph (3) by striking ‘‘1997’’ and in6 serting ‘‘2003’’; and

7 (3) in paragraphs (4)(A), (4)(B), and (4)(C) by

8 inserting after ‘‘years’’ the following: ‘‘beginning

9 after September 30, 2003,’’.

10 (b) BASIC GRANT A.—Section 410(b)(1) of title 23,

11 United States Code, is amended—

12 (1) by striking ‘‘A State shall become eligible’’

13 and inserting the following: ‘‘A State shall be eligible

14 for a grant under this paragraph if the State has an

15 alcohol-related fatality rate per 100,000,000 vehicle

16 miles traveled of 0.5 or less as of the date of the

17 grant, as determined by the Secretary using the Fa18 tality Analysis Reporting System of the National

19 Highway Traffic Safety Administration. A State

20 shall also become eligible’’;

21 (2) by striking ‘‘at least 5 of’’ and inserting ‘‘at

22 least 6 of’’;

23 (3) in subparagraph (A)—

24 (A) by striking ‘‘and’’ at the end of clause

25 (i)(II);
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1 (B) by striking the period at the end of

2 clause (ii) and inserting a semicolon; and

3 (C) by adding at the end the following:

4 ‘‘(iii) the suspension referred to under

5 clause (i)(I) may allow an individual to op6 erate a motor vehicle, after the 15-day pe7 riod beginning on the date of the suspen8 sion, to and from employment, school, or

9 an alcohol treatment program if an igni10 tion interlock device is installed on each of

11 the motor vehicles owned or operated, or

12 both, by the individual; and

13 ‘‘(iv) the suspension and revocation

14 referred to under clause (i)(II) may allow

15 an individual to operate a motor vehicle,

16 after the 45-day period beginning on the

17 date of the suspension or revocation, to

18 and from employment, school, or an alco19 hol treatment program if an ignition inter20 lock device is installed on each of the

21 motor vehicles owned or operated, or both,

22 by the individual.’’;

23 (4) in subparagraph (B)—

24 (A) by striking ‘‘may include the issuance’’

25 and inserting the following: ‘‘may include—
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1 ‘‘(i) the issuance’’; and

2 (B) by striking the period at the end and

3 inserting ‘‘; and’’ and the following:

4 ‘‘(ii) a program provided by a non5 profit organization for training point of

6 sale personnel concerning, at a minimum,

7 the following:

8 ‘‘(I) the clinical effects of alcohol;

9 ‘‘(II) methods of preventing sec10 ond party sales of alcohol;

11 ‘‘(III) recognizing signs of intoxi12 cation;

13 ‘‘(IV) methods to prevent under14 age drinking;

15 ‘‘(V) Federal, State, and local

16 laws that are relevant to such per17 sonnel.’’;

18 (5) by striking subparagraph (F) and inserting

19 the following:

20 ‘‘(F) OUTREACH PROGRAM.—A judicial

21 and prosecutorial education, training, and out22 reach program that provides information on the

23 appropriateness and effectiveness of sentencing

24 options.’’; and

25 (6) by adding at the end the following:
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1 ‘‘(H) SELF-SUSTAINING DRUNK DRIVING

2 PREVENTION PROGRAM.—A self-sustaining

3 drunk driving prevention program under which

4 a significant portion of the fines or surcharges

5 collected from individuals apprehended and

6 fined for operating a motor vehicle while under

7 the influence of alcohol are returned to those

8 communities that have comprehensive programs

9 for the prevention of such operations of motor

10 vehicles.

11 ‘‘(I) PROGRAMS FOR EFFECTIVE ALCOHOL

12 REHABILITATION.—A program for effective in13 patient and outpatient alcohol rehabilitation

14 based on mandatory assessment and appro15 priate treatment for repeat offenders described

16 in subparagraph (A)(i)(II).

17 ‘‘(J) PROGRAM FOR IMPOUNDMENT OF VE18 HICLES.—A program to impound a vehicle op19 erated by a person who is arrested for operating

20 the vehicle while under the influence of alco21 hol.’’.

22 (c) BASIC GRANT B.—Section 410(b) of title 23,

23 United States Code, is amended—

24 (1) by striking paragraph (2) and inserting the

25 following:
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1 ‘‘(2) BASIC GRANT B.—A State shall become el2 igible for a grant under this paragraph if the

3 State—

4 ‘‘(A) has an alcohol-related fatality rate

5 per 100,000,000 vehicle miles traveled of 0.8 or

6 more as of the date of the grant, as determined

7 by the Secretary using the Fatality Analysis

8 Reporting System of the National Highway

9 Traffic Safety Administration; and

10 ‘‘(B) establishes, subject to such require11 ments as the Secretary may prescribe, a task

12 force to evaluate and recommend changes to the

13 State’s drunk driving programs.’’; and

14 (2) in paragraph (3)—

15 (A) by striking ‘‘25 percent’’ and inserting

16 ‘‘100 percent’’; and

17 (B) by striking ‘‘1997’’ and inserting

18 ‘‘2003’’.

19 (d) SUPPLEMENTAL GRANTS.—Section 410(c) of title

20 23, United States Code, is amended to read as follows:

21 ‘‘(c) ALLOCATION FOR BASIC GRANTS B.—Not more

22 than $16,000,000 per fiscal year of amounts made avail23 able to carry out this section shall be available for making

24 grants under subsection (b)(2).’’.
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1 SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM

2 IMPROVEMENTS.

3 (a) IN GENERAL.—Chapter 4 of title 23, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘§ 412. State traffic safety information system im7 provements

8 ‘‘(a) GENERAL AUTHORITY.—

9 ‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject

10 to the requirements of this section, the Secretary

11 shall make grants to States that adopt and imple12 ment effective programs to—

13 ‘‘(A) improve the timeliness, accuracy,

14 completeness, uniformity, integration, and ac15 cessibility of the safety data of the State that

16 is needed to identify priorities for national,

17 State, and local highway and traffic safety pro18 grams;

19 ‘‘(B) evaluate the effectiveness of efforts to

20 make such improvements;

21 ‘‘(C) link these State data systems, includ22 ing traffic records, with other data systems

23 within the State, such as systems that contain

24 medical, roadway, and economic data; and

25 ‘‘(D) improve the compatibility and inter26 operability of the data systems of the State
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1 with national data systems and data systems of

2 other States and enhance the ability of the Sec3 retary to observe and analyze national trends in

4 crash occurrences, rates, outcomes, and cir5 cumstances.

6 ‘‘(2) USE OFGRANTS.—A State may use a

7 grant received under this section only to implement

8 such programs.

9 ‘‘(3) MODEL DATA ELEMENTS.—The Secretary,

10 in consultation with States and other appropriate

11 parties, shall determine the model data elements

12 necessary to observe and analyze State and national

13 trends in crash occurrences, rates, outcomes, and

14 circumstances. In order to become eligible for a

15 grant under this section, a State shall certify to the

16 Secretary the State’s adoption and use of such

17 model data elements.

18 ‘‘(4) MAINTENANCE OF EFFORT.—No grant

19 may be made to a State under this section in any

20 fiscal year unless the State enters into such agree21 ments with the Secretary as the Secretary may re22 quire ensuring that the State will maintain its ag23 gregate expenditures from all other sources for high24 way safety data programs at or above the average
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1 level of such expenditures in the 2 fiscal years pre2 ceding the date of enactment of this section.

3 ‘‘(5) FEDERAL SHARE.—The Federal share of

4 the cost of implementing in a fiscal year a program

5 of a State pursuant to paragraph (1) shall not ex6 ceed 80 percent.

7 ‘‘(b) FIRST-YEAR GRANTS.—To be eligible for a first8 year grant under this section, a State shall demonstrate

9 to the satisfaction of the Secretary that the State has—

10 ‘‘(1) established a highway safety data and traf11 fic records coordinating committee with a multidisci12 plinary membership that includes, among others,

13 managers, collectors, and users of traffic records

14 and public health and injury control data systems;

15 and

16 ‘‘(2) developed a multiyear highway safety data

17 and traffic records system strategic plan that ad18 dresses existing deficiencies in the State’s highway

19 safety data and traffic records system and is ap20 proved by the highway safety data and traffic

21 records coordinating committee and—

22 ‘‘(A) specifies how existing deficiencies in

23 the State’s highway safety data and traffic

24 records system were identified;
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1 ‘‘(B) prioritizes, based on the identified

2 highway safety data and traffic records system

3 deficiencies, the highway safety data and traffic

4 records system needs and goals of the State, in5 cluding the activities described in subsection

6 (a)(1);

7 ‘‘(C) identifies performance-based meas8 ures by which progress toward those goals will

9 be determined;

10 ‘‘(D) specifies how the grant funds and

11 any other funds of the State will be used to ad12 dress needs and goals identified in the

13 multiyear plan; and

14 ‘‘(E) includes a current report on the

15 progress in implementing the multiyear plan

16 that documents progress toward the specified

17 goals.

18 ‘‘(c) SUCCEEDING-YEAR GRANTS.—

19 ‘‘(1) ELIGIBILITY.—A State shall be eligible for

20 a grant under this section in a fiscal year succeeding

21 the first fiscal year in which the State receives a

22 grant under subsection (b) if the State, to the satis23 faction of the Secretary—
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1 ‘‘(A) submits an updated multiyear plan

2 that meets the requirements of subsection

3 (b)(2);

4 ‘‘(B) certifies that its highway safety data

5 and traffic records coordinating committee con6 tinues to operate and supports the multiyear

7 plan;

8 ‘‘(C) specifies how the grant funds and any

9 other funds of the State will be used to address

10 needs and goals identified in the multiyear plan;

11 ‘‘(D) demonstrates measurable progress to12 ward achieving the goals and objectives identi13 fied in the multiyear plan; and

14 ‘‘(E) includes a current report on the

15 progress in implementing the multiyear plan.

16 ‘‘(d) GRANT AMOUNTS.—

17 ‘‘(1) IN GENERAL.—The amount of a grant

18 made to a State for a fiscal year under this section

19 shall equal an amount determined by multiplying—

20 ‘‘(A) the amount appropriated to carry out

21 this section for such fiscal year; by

22 ‘‘(B) the ratio that the funds apportioned

23 to the State under section 402 for fiscal year

24 2003 bears to the funds apportioned to all

25 States under section 402 for fiscal year 2003.
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1 ‘‘(2) MINIMUM AMOUNT.—Notwithstanding

2 subparagraph (A)—

3 ‘‘(A) a State eligible for a first-year grant

4 under this section shall not receive less than

5 $300,000; and

6 ‘‘(B) a State eligible for a succeeding-year

7 grant under this section shall not receive less

8 than $500,000.

9 ‘‘(e) ADMINISTRATIVE EXPENSES.—Funds author10 ized to be appropriated to carry out this section in a fiscal

11 year shall be subject to a deduction not to exceed 5 percent

12 for the necessary costs of administering the provisions of

13 this section.

14 ‘‘(f) APPLICABILITY OF CHAPTER 1.—The provisions

15 contained in section 402(d) shall apply to this section.’’.

16 (b) CONFORMING AMENDMENT.—The analysis for

17 chapter 4 of title 23, United States Code, is amended by

18 adding at the end the following:

‘‘412. State traffic safety information system improvements.’’.

19 SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM.

20 The Secretary shall establish a program to support

21 national impaired driving mobilization and enforcement ef22 forts and national safety belt mobilization and enforce23 ment, including the purchase of national paid advertise24 ment (including production and placement) to support

25 such efforts.
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1 SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY.

2 (a) IN GENERAL.—Using funds made available to

3 carry out section 403 of title 23, United States Code, the

4 Secretary shall conduct a study of the causes of motorcycle

5 crashes.

6 (b) REPORT.—Not later than 3 years after the date

7 of enactment of this Act, the Secretary shall transmit to

8 Congress a report on the results of the study.

9 SEC. 2007. CHILD SAFETY AND CHILD BOOSTER SEAT IN10 CENTIVE GRANTS.

11 (a) GENERAL AUTHORITY.—Subject to the require12 ments of this section, the Secretary shall make grants to

13 States that enact or have enacted and are enforcing a law

14 requiring that children riding in passenger motor vehicles

15 who are too large to be secured in a child safety seat be

16 secured in a child restraint that meets the requirements

17 prescribed by the Secretary under section 3 of Anton’s

18 Law (116 Stat. 2772).

19 (b) MAINTENANCE OF EFFORT.—No grant may be

20 made to a State under this section in a fiscal year unless

21 the State enters into such agreements with the Secretary

22 as the Secretary may require to ensure that the State will

23 maintain its aggregate expenditures from all other sources

24 for child safety seat and child booster seat programs at

25 or above the average level of such expenditures in its 2

26 fiscal years preceding the date of enactment of this Act.
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1 (c) FEDERAL SHARE.—The Federal share of the cost

2 of implementing and enforcing in a fiscal year a law adopt3 ed by a State under subsection (a) shall not exceed—

4 (1) for the first 3 fiscal years for which a State

5 receives a grant under this section, 75 percent; and

6 (2) for the fourth and fifth fiscal years for

7 which a State receives a grant under this section, 50

8 percent.

9 (d) GRANT ELIGIBILITY.—

10 (1) IN GENERAL.—A State is eligible for a

11 grant under this section if the State has in effect

12 and enforces a law described in subsection (a).

13 (2) MAXIMUM PERIOD OFELIGIBILITY.—No

14 State may receive grants under this section in more

15 than 5 fiscal years beginning after September 30,

16 2004.

17 (e) ELIGIBLE USES OF FUNDS.—A State may use

18 a grant under this section only to carry out child safety

19 seat and child booster seat programs, including the fol20 lowing:

21 (1) A program to educate the public concerning

22 the proper use and installation of child safety seats

23 and child booster seats.

24 (2) A program to train child passenger safety

25 professionals, police officers, fire and emergency
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1 medical personnel, and educators concerning all as2 pects of the use of child safety seats and booster

3 seats.

4 (3) A program to purchase and distribute child

5 safety seats, child booster seats, and other appro6 priate passenger motor vehicle child restraints to

7 families that cannot otherwise afford such seats or

8 restraints.

9 (4) A program to support enforcement of child

10 restraint laws.

11 (f) GRANT AMOUNT.—The amount of a grant to a

12 State for a fiscal year under this section may not exceed

13 25 percent of the amount apportioned to the State for fis14 cal year 2003 under section 402 of title 23, United States

15 Code.

16 (g) ADMINISTRATIVE EXPENSES.—Funds authorized

17 to be appropriated to carry out this section in a fiscal year

18 shall be subject to a deduction not to exceed 2.5 percent

19 for the necessary costs of administering the provisions of

20 this section.

21 (h) APPLICABILITY OF CHAPTER 1.—The provisions

22 contained in section 402(d) of title 23, United States

23 Code, apply to this section.

24 (i) REPORT.—Each State to which a grant is made

25 under this section shall transmit to the Secretary a report
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1 documenting the manner in which grant amounts were ob2 ligated and expended and identifying the specific programs

3 carried out with or supported by grant funds. The report

4 shall be in a form prescribed by the Secretary and may

5 be combined with other State grant reporting require6 ments under of chapter 4 of title 23, United States Code.

7 (j) DEFINITIONS.—In this section, the following defi8 nitions apply:

9 (1) CHILD RESTRAINT.—The term ‘‘child re10 straint’’ means any product designed to provide re11 straint to a child (including booster seats and other

12 products used with a lap and shoulder belt assem13 bly) that meets applicable Federal motor vehicle

14 safety standards prescribed by the National High15 way Traffic Safety Administration.

16 (2) CHILD SAFETY SEAT.—The term ‘‘child

17 safety seat’’ has the meaning such term has in sec18 tion 405(f) of title 23, United States Code.

19 (3) PASSENGER MOTOR VEHICLE.—The term

20 ‘‘passenger motor vehicle’’ has the meaning such

21 term has in such section 405(f).

22 (4) STATE.—The term ‘‘State’’ has the mean23 ing such term has in section 101 (a) of such title.

24 (k) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out this section
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1 from the Highway Trust Fund (other than the Mass Tran2 sit Account) $5,000,000 for each of fiscal years 2005

3 through 2009.

4 SEC. 2008. SAFETY DATA.

5 (a) IN GENERAL.—Using funds made available to

6 carry out section 403 of title 23, United States Code, for

7 fiscal years 2005 through 2009, the Secretary shall collect

8 data and compile statistics on accidents involving motor

9 vehicles being backed up that result in fatalities and inju10 ries and that occur on public and nonpublic roads and res11 idential and commercial driveways and parking facilities.

12 (b) REPORT.—Not later than January 1, 2009, the

13 Secretary shall transmit to the Committee on Transpor14 tation and Infrastructure of the House of Representatives

15 and the Committee on Commerce, Science, and Transpor16 tation of the Senate a report on accidents described in

17 subsection (a), including the data collected and statistics

18 compiled under subsection (a) and any recommendations

19 regarding measures to be taken to reduce the number of

20 such accidents and the resulting fatalities and injuries.

21 SEC. 2009. MOTORCYCLIST SAFETY.

22 (a) MOTORCYCLIST ADVISORY COUNCIL.—

23 (1) IN GENERAL.—The Secretary, acting

24 through the Administrator of the Federal Highway

25 Administration, in consultation with the Committee
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1 on Transportation and Infrastructure of the House

2 of Representatives and the Committee on Environ3 ment and Public Works of the Senate, shall appoint

4 a Motorcyclist Advisory Council to coordinate with

5 and advise the Administrator on infrastructure

6 issues of concern to motorcyclists, including—

7 (A) barrier design;

8 (B) road design, construction, and mainte9 nance practices; and

10 (C) the architecture and implementation of

11 intelligent transportation system technologies.

12 (2) COMPOSITION.—The Council shall consist of

13 not more than 10 members of the motorcycling com14 munity with professional expertise in national motor15 cyclist safety advocacy, including—

16 (A) at least—

17 (i) 1 member recommended by a na18 tional motorcyclist association;

19 (ii) 1 member recommended by a na20 tional motorcycle riders foundation;

21 (iii) 1 representative of the National

22 Association of State Motorcycle Safety Ad23 ministrators;

24 (iv) 2 members of State motorcyclists’

25 organizations;
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1 (v) 1 member recommended by a na2 tional organization that represents the

3 builders of highway infrastructure;

4 (vi) 1 member recommended by a na5 tional association that represents the traf6 fic safety systems industry; and

7 (vii) 1 member of a national safety or8 ganization; and

9 (B) at least 1, and not more than 2, mo10 torcyclists who are traffic system design engi11 neers or State transportation department offi12 cials.

13 (b) AUTHORITY TO MAKE GRANTS.—Subject to the

14 requirements of this section, the Secretary shall make

15 grants to States that adopt and implement effective pro16 grams to reduce the number of single- and multi-vehicle

17 crashes involving motorcyclists.

18 (c) MAINTENANCE OF EFFORT.—No grant may be

19 made to a State under this section in a fiscal year unless

20 the State enters into such agreements with the Secretary

21 as the Secretary may require to ensure that the State will

22 maintain its aggregate expenditures from all the other

23 sources for motorcyclist safety training programs and mo24 torcyclist awareness programs at or above the average
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1 level of such expenditures in its 2 fiscal years preceding

2 the date of enactment of this Act.

3 (d) MAXIMUM PERIOD OF ELIGIBILITY.—No State

4 may receive grants under this section in more than 5 fiscal

5 years beginning after September 30, 2004.

6 (e) FEDERAL SHARE.—The Federal share of the cost

7 of implementing and enforcing, as appropriate, in a fiscal

8 year a program adopted by a State in accordance with

9 subsection (a) shall not exceed—

10 (1) for the first 3 years for which a State re11 ceives a grant under this section, 75 percent; and

12 (2) for the next 2 years for which a State re13 ceives a grant under this section, 50 percent.

14 (f) GRANT ELIGIBILITY.—

15 (1) IN GENERAL.—A State becomes eligible for

16 a grant under this section by adopting or dem17 onstrating to the satisfaction of the Secretary—

18 (A) for the first fiscal year for which the

19 State will receive a grant under this section, at

20 least 1 of the 6 criteria listed in paragraph (2);

21 (B) for the second, third, and fourth fiscal

22 years for which the State will receive a grant

23 under this section, at least 2 of the 6 criteria

24 listed in paragraph (2); and
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1 (C) for any subsequent fiscal years for

2 which the State will receive a grant under this

3 section, at least 3 of the 6 criteria listed in

4 paragraph (2).

5 (2) CRITERIA.—The criteria for eligibility for a

6 grant under this section are the following:

7 (A) MOTORCYCLE RIDER TRAINING

8 COURSES.—An effective motorcycle rider train9 ing course that is offered throughout the State,

10 provides a formal program of instruction in ac11 cident avoidance and other safety-oriented oper12 ational skills to motorcyclists, and may include

13 innovative training opportunities to meet unique

14 regional needs.

15 (B) MOTORCYCLISTS AWARENESS PRO16 GRAM.—An effective statewide program to en17 hance motorist awareness of the presence of

18 motorcyclists on or near roadways and safe

19 driving practices that avoid injuries to motorcy20 clists.

21 (C) REDUCTION OFFATALITIES AND

22 CRASHES INVOLVING MOTORCYCLES.—A reduc23 tion for the preceding calendar year in the

24 number of motorcycle fatalities and the rate of

25 motor vehicle crashes involving motorcycles in
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1 the State (expressed as a function of 10,000

2 motorcycle registrations).

3 (D) IMPAIRED DRIVING PROGRAM.—Imple4 mentation of a statewide program to reduce im5 paired driving, including specific measures to

6 reduce impaired motorcycle operation.

7 (E) REDUCTION OFFATALITIES AND ACCI8 DENTS INVOLVING IMPAIRED MOTORCY9 CLISTS.—A reduction for the preceding cal10 endar year in the number of fatalities and the

11 rate of reported crashes involving alcohol- or

12 drug-impaired motorcycle operators (expressed

13 as a function of 10,000 motorcycle registra14 tions).

15 (F) FEES COLLECTED FROM MOTORCY16 CLISTS.—All fees collected by the State from

17 motorcyclists for the purposes of funding mo18 torcycle training and safety programs are used

19 for motorcycle training and safety programs.

20 (g) ELIGIBLE USES.—

21 (1) IN GENERAL.—A State may use funds from

22 a grant under this section only for motorcyclist safe23 ty training and motorcyclist awareness programs,

24 including—
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1 (A) improvements to motorcyclist safety

2 training curricula;

3 (B) improvements in program delivery of

4 motorcycle training to both urban and rural

5 areas, including—

6 (i) procurement or repair of practice

7 motorcycles;

8 (ii) instructional materials;

9 (iii) mobile training units; and

10 (iv) leasing or purchase of facilities

11 for classroom instruction and closed-course

12 skill training;

13 (C) measures designed to increase the re14 cruitment or retention of motorcyclist safety

15 training instructors; and

16 (D) public awareness, public service an17 nouncements, and other outreach programs to

18 enhance motorcyclist awareness.

19 (2) SUBALLOCATIONS OFFUNDS.—An agency

20 that receives a grant under this subsection may sub21 allocate funds from the grant to a nonprofit organi22 zation incorporated in that State to carry out under

23 this section.

24 (h) DEFINITIONS.—In this section, the following defi25 nitions apply:
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1 (1) MOTORCYCLIST SAFETY TRAINING.—The

2 term ‘‘motorcyclist safety training’’ means a formal

3 program of instruction that—

4 (A) provides accident avoidance and other

5 safety-oriented operational skills to motorcy6 clists; and

7 (B) is approved for use in a State by the

8 designated State authority having jurisdiction

9 over motorcyclist safety issues.

10 (2) MOTORCYCLIST AWARENESS.—The term

11 ‘‘motorcyclist awareness’’ means individual or collec12 tive awareness of—

13 (A) the presence of motorcycles on or near

14 roadways; and

15 (B) safe driving practices that avoid injury

16 to motorcyclists.

17 (3) MOTORCYCLIST AWARENESS PROGRAM.—

18 The term ‘‘motorcyclist awareness program’’ means

19 an informational or public awareness program de20 signed to enhance motorcyclist awareness that is de21 veloped by or in coordination with the designated

22 State authority having jurisdiction over motorcyclist

23 safety issues.
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1 (4) STATE.—The term ‘‘State’’ has the same

2 meaning such term has in section 101(a) of title 23,

3 United States Code.

4 (i) MAXIMUM GRANT AMOUNT.—The amount of a

5 grant made to a State for a fiscal year under this section

6 may not exceed 25 percent of the amount apportioned to

7 the State for fiscal year 2003 under section 402 of title

8 23, United States Code.

9 (j) ADMINISTRATIVE EXPENSES.—Funds authorized

10 to be appropriated to carry out this section in a fiscal year

11 shall be subject to a deduction by the Secretary not to

12 exceed 5 percent for the necessary costs of administering

13 the provisions of this section.

14 (k) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated to carry out this section

16 from the Highway Trust Fund (other than the Mass Tran17 sit Account) $5,000,000 for each of fiscal years 2005

18 through 2009.

19 (l) APPLICABILITY OF TITLE 23.—Funds authorized

20 under this section shall be available for obligation in the

21 same manner as if the funds were apportioned under chap22 ter 1 of title 23, United States Code; except that such

23 funds shall not be transferable.
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1 SEC. 2010. DRIVER FATIGUE.

2 Section 402(a) of title 23, United States Code, is

3 amended—

4 (1) by striking ‘‘and’’ before ‘‘(6)’’; and

5 (2) by inserting before the period the following:

6 ‘‘; and (7) to reduce deaths and injuries resulting

7 from persons driving motor vehicles while fatigued’’.

8 SEC. 2011. DRUG IMPAIRED DRIVING ENFORCEMENT.

9 (a) SHORT TITLE.—This section may be cited as the

10 ‘‘Drug Impaired Driving Research and Prevention Act’’.

11 (b) DEFINITIONS.—In this section, the following defi12 nitions apply:

13 (1) CONTROLLED SUBSTANCE.—The term

14 ‘‘controlled substance’’ includes substances listed in

15 schedules I through V of section 112(e) of the Con16 trolled Substances Act (21 U.S.C. 812(e)).

17 (2) INHALANT.—The term ‘‘inhalant’’ means a

18 household or commercial product that can be used

19 by inhaling for intoxicating effect.

20 (3) DRUG RECOGNITION EXPERT.—The term

21 ‘‘drug recognition expert’’ means an individual

22 trained in a specific evaluation procedure that en23 ables the person to determine whether an individual

24 is under the influence of drugs and then to deter25 mine the type of drug causing the observable impair26 ment.
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1 (c) MODEL STATUTE.—

2 (1) IN GENERAL.—Not later than one year

3 after the date of enactment of this Act, the Sec4 retary shall develop and provide to the States a

5 model statute relating to drug impaired driving

6 which incorporates the provisions described in this

7 section.

8 (2) MANDATORY PROVISIONS.—Provisions of

9 the model statute developed by the Secretary for rec10 ommendation to the States under this section shall

11 include, at a minimum, a provision that the crime of

12 drug impaired driving is committed when a person

13 operates a motor vehicle—

14 (A) while any unlawful detectable amount

15 of a controlled substance is present in the per16 son’s body, as measured in the person’s blood,

17 urine, saliva, or other bodily substance; or

18 (B) due to the unlawful presence of a con19 trolled substance or a controlled substance in

20 combination with alcohol or an inhalant, or

21 both, in the person’s body, the person’s mental

22 or physical faculties are affected to a noticeable

23 or perceptible degree.

24 (3) DISCRETIONARY PROVISIONS.—Provisions

25 of the model statute developed by the Secretary for
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1 recommendation to the States under this section

2 may include the following:

3 (A) Sanctions for refusing to submit to a

4 test for the unlawful presence of a controlled

5 substance in a person’s body which are equiva6 lent to sanctions for a positive test result.

7 (B) A graduated system of penalties for re8 peat offenses of drug impaired driving, includ9 ing, at a minimum, that a third or subsequent

10 offense within a 10-year period shall be a felony

11 punishable by imprisonment for more than a

12 year.

13 (C) Authorization for States to suspend or

14 revoke the license of any driver upon receiving

15 a record of the driver’s conviction of driving a

16 motor vehicle while under the unlawful influ17 ence of a controlled substance.

18 (D) Provisions that require a sentence of

19 imprisonment imposed for any drug impaired

20 driving offense be served consecutively, not con21 currently, from a sentence imposed for any

22 other criminal act; except that a sentence im23 posed for the same act of impaired driving may

24 be imposed concurrently if the additional con-
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1 viction was based on an alternate theory of cul2 pability for the same act.

3 (d) RESEARCH AND DEVELOPMENT.—Section 403(b)

4 of title 23, United States Code, is amended by adding at

5 the end the following:

6 ‘‘(5) New technology to detect drug use.

7 ‘‘(6) Research and development to improve test8 ing technology, including toxicology lab resources

9 and field test mechanisms to enable States to proc10 ess toxicology evidence in a more timely manner.

11 ‘‘(7) Determining per se unlawful impairment

12 levels for controlled substances (as defined in section

13 2011 of the Transportation Equity Act: A Legacy

14 for Users) and the compound effects of alcohol and

15 controlled substances on impairment to facilitate en16 forcement of per se drug impaired driving laws. Re17 search under this paragraph shall be carried out in

18 collaboration with the National Institute on Drug

19 Abuse of the National Institutes of Health.’’.

20 (e) GOALS FOR TRAINING.—Section 403 of such title

21 is amended by adding at the end the following:

22 ‘‘(g) TRAINING GOALS.—For the purpose of enhanc23 ing the States’ ability to detect, enforce, and prosecute

24 drug impaired driving laws, the Secretary shall—
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1 ‘‘(1) establish and carry out programs to en2 hance police and prosecutor training efforts for en3 forcement of laws relating to drug impaired driving

4 and for development of programs to improve en5 forcement of such laws; and

6 ‘‘(2) ensure that drug impaired driving enforce7 ment training or drug recognition expert programs,

8 or both, exist in all 50 States and the District of Co9 lumbia by December 31, 2006.’’.

10 (f) DUTIES.—The Administrator of the National

11 Highway Traffic Safety Administration shall—

12 (1) advise and coordinate with other Federal

13 agencies on how to address the problem of driving

14 under the influence of an illegal drug; and

15 (2) conduct research on the prevention, detec16 tion, and prosecution of driving under the influence

17 of an illegal drug.

18 (g) REPORTS.—

19 (1) IN GENERAL.—Not later than 18 months

20 after the date of enactment of this Act and annually

21 thereafter, the Secretary shall transmit to Congress

22 a report on the progress being made in carrying out

23 this Act, including the amendments made by this

24 Act.
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1 (2) CONTENTS.—The Secretary shall include in

2 the report an assessment of the status of drugged

3 impaired driving laws in the United States—

4 (A) new research and technologies in the

5 area of drug impaired driving enforcement;

6 (B) a description of the extent of the prob7 lem of driving under the influence of an illegal

8 drug in each State and any available informa9 tion relating thereto, including a description of

10 any laws relating to the problem of driving

11 under the influence of an illegal drug; and

12 (C) recommendations for addressing the

13 problem of driving under the influence of an il14 legal drug.

15 (h) FUNDING.—Out of amounts appropriated to

16 carry out section 403 of title 23, United States Code, for

17 fiscal years 2004 through 2009, the Secretary shall use,

18 at a minimum, $1,200,000 per fiscal year to carry out

19 drug impaired driving traffic safety programs, including

20 the provisions of this section and the amendments made

21 by this section.
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1 TITLE III—FEDERAL TRANSIT

2 ADMINISTRATION PROGRAMS

3 SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49,

4 UNITED STATES CODE.

5 (a) SHORT TITLE.—This title may be cited as the

6 ‘‘Federal Public Transportation Act of 2004’’.

7 (b) AMENDMENTS TO TITLE 49, UNITED STATES

8 CODE.—Except as otherwise specifically provided, when9 ever in this title an amendment or repeal is expressed in

10 terms of an amendment to, or repeal of, a section or other

11 provision of law, the reference shall be considered to be

12 made to a section or other provision of title 49, United

13 States Code.

14 SEC. 3002. POLICIES, FINDINGS, AND PURPOSES.

15 (a) IN GENERAL.—Section 5301(a) is amended to

16 read as follows:

17 ‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUB18 LIC TRANSPORTATION SYSTEMS.—It is in the interest of

19 the United States to foster the development and revitaliza20 tion of public transportation systems that—

21 ‘‘(1) maximize the safe, secure, and efficient

22 mobility of individuals;

23 ‘‘(2) minimize environmental impacts; and

24 ‘‘(3) minimize transportation-related fuel con25 sumption and reliance on foreign oil.’’.
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1 (b) PRESERVING THE ENVIRONMENT.—Section

2 5301(e) is amended—

3 (1) by striking ‘‘an urban’’ and inserting ‘‘a’’;

4 and

5 (2) by striking ‘‘under sections 5309 and 5310

6 of this title’’.

7 (c) GENERAL PURPOSES.—Section 5301(f) is

8 amended—

9 (1) in paragraph (1)—

10 (A) by striking ‘‘mass’’ the first place it

11 appears and inserting ‘‘public’’; and

12 (B) by striking ‘‘public and private mass

13 transportation companies’’ and inserting ‘‘both

14 public transportation companies and private

15 companies engaged in public transportation’’;

16 (2) in paragraph (2)—

17 (A) by striking ‘‘urban mass’’ and insert18 ing ‘‘public’’; and

19 (B) by striking ‘‘public and private mass

20 transportation companies’’ and inserting ‘‘both

21 public transportation companies and private

22 companies engaged in public transportation’’;

23 (3) in paragraph (3)—

24 (A) by striking ‘‘urban mass’’ and insert25 ing ‘‘public’’; and
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1 (B) by striking ‘‘public or private mass

2 transportation companies’’ and inserting ‘‘pub3 lic transportation companies or private compa4 nies engaged in public transportation’’; and

5 (4) in paragraph (5) by striking ‘‘urban mass’’

6 and inserting ‘‘public’’.

7 SEC. 3003. DEFINITIONS.

8 (a) LEAD-IN.—Section 5302(a) is amended in the

9 matter preceding paragraph (1) by striking ‘‘In this chap10 ter’’ and inserting ‘‘Except as otherwise specifically pro11 vided, in this chapter’’.

12 (b) CAPITAL PROJECT.—Section 5302(a)(1) is

13 amended—

14 (1) in subparagraph (G) by inserting ‘‘construc15 tion, renovation, and improvement of intercity bus

16 stations and terminals,’’ before ‘‘and the renovation

17 and improvement of historic transportation facili18 ties,’’;

19 (2) in subparagraph (G)(ii) by inserting ‘‘(other

20 than an intercity bus station or terminal)’’ after

21 ‘‘commercial revenue-producing facility’’;

22 (3) by striking ‘‘or’’ at the end of subparagraph

23 (H);

24 (4) by striking the period at the end of sub25 paragraph (I) and inserting a semicolon; and
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1 (5) by adding at the end the following:

2 ‘‘(J) crime prevention and security—

3 ‘‘(i) including—

4 ‘‘(I) projects to refine and de5 velop security and emergency response

6 plans;

7 ‘‘(II) projects aimed at detecting

8 chemical and biological agents in pub9 lic transportation;

10 ‘‘(III) the conduct of emergency

11 response drills with public transpor12 tation agencies and local first re13 sponse agencies; and

14 ‘‘(IV) security training for public

15 transportation employees; but

16 ‘‘(ii) excluding all expenses related to

17 operations, other than such expenses in18 curred in conducting activities described in

19 subclauses (III) and (IV);

20 ‘‘(K) establishment of a debt service re21 serve made up of deposits with a bondholders’

22 trustee in a noninterest bearing account for the

23 purpose of ensuring timely payment of principal

24 and interest on bonds issued by a grant recipi-
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1 ent for purposes of financing an eligible project

2 under this chapter; or

3 ‘‘(L) mobility management—

4 ‘‘(i) consisting of short-range planning

5 and management activities and projects for

6 improving coordination among public

7 transportation and other transportation

8 service providers carried out by a recipient

9 or subrecipient through an agreement en10 tered into with a person, including a gov11 ernmental entity, under this chapter (other

12 than section 5309); but

13 ‘‘(ii) excluding operating public trans14 portation services.’’.

15 (c) INDIVIDUAL WITH A DISABILITY.—Section

16 5302(a)(5) is amended—

17 (1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ in

18 the heading and inserting ‘‘INDIVIDUAL WITH A DIS19 ABILITY’’; and

20 (2) by striking ‘‘handicapped individual’’ and

21 inserting ‘‘individual with a disability’’.

22 (d) MASS TRANSPORTATION.—Section 5302(a)(7) is

23 amended to read as follows:

24 ‘‘(7) MASS TRANSPORTATION.—The term ‘mass

25 transportation’ means public transportation.’’.
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1 (e) PUBLIC TRANSPORTATION.—Section 5302(a)(10)

2 is amended to read as follows:

3 ‘‘(10) PUBLIC TRANSPORTATION.—The term

4 ‘public transportation’ means transportation by a

5 conveyance that provides regular and continuing

6 general or special transportation to the public, but

7 does not include schoolbus, charter, or sightseeing

8 transportation.’’.

9 (f) URBANIZED AREA.—Section 5302(a)(17) is

10 amended to read as follows:

11 ‘‘(17) URBANIZED AREA.—The term ‘urbanized

12 area’ means an area encompassing a population of

13 at least 50,000 people that has been defined and

14 designated in the latest decennial census as an ur15 banized area by the Secretary of Commerce.’’.

16 (g) AUTHORITY TO MODIFY DEFINITION.—Section

17 5302(b) is amended—

18 (1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ in

19 the heading and inserting ‘‘INDIVIDUAL WITH A

20 DISABILITY’’; and

21 (2) by striking ‘‘handicapped individual’’ and

22 inserting ‘‘individual with a disability’’.

23 SEC. 3004. METROPOLITAN PLANNING.

24 Section 5303 is amended to read as follows:
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1 ‘‘§ 5303. Metropolitan planning

2 ‘‘(a) IN GENERAL.—Grants made under sections

3 5307, 5308, 5309, 5310, 5311, 5316, and 5317 shall be

4 carried out in accordance with the metropolitan planning

5 provisions of chapter 52.

6 ‘‘(b) CERTIFICATION.—

7 ‘‘(1) IN GENERAL.—The Secretary shall ensure

8 and certify that each metropolitan planning organi9 zation in each transportation management area is

10 carrying out its responsibilities under applicable laws

11 of the United States. The Secretary may make the

12 certification only if the organization is complying

13 with chapter 52 and other applicable requirements

14 of laws of the United States and the organization

15 and chief executive officer have approved a transpor16 tation improvement program for the area.

17 ‘‘(2) LIMITATION ON WITHHOLDING CERTIFI18 CATION.—The Secretary may not withhold certifi19 cation based on the policies and criteria a metropoli20 tan planning organization or mass transportation

21 grant recipient establishes under section 5306(a) for

22 deciding the feasibility of private enterprise partici23 pation.’’.

24 SEC. 3005. STATEWIDE PLANNING.

25 (a) IN GENERAL.—Section 5304 is amended to read

26 as follows:
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1 ‘‘§ 5304. Statewide planning

2 ‘‘Grants made under sections 5307, 5308, 5309,

3 5310, 5311, 5316, and 5317 shall be carried out in ac4 cordance with the statewide planning provisions of chapter

5 52.’’.

6 (b) CONFORMING AMENDMENT.—The analysis for

7 chapter 53 is amended by striking the item relating to

8 section 5304 and inserting the following:

‘‘5304. Statewide planning.’’.

9 SEC. 3006. PLANNING PROGRAMS.

10 (a) IN GENERAL.—Section 5305 is amended to read

11 as follows:

12 ‘‘§ 5305. Planning programs

13 ‘‘(a) STATE DEFINED.—In this section the term

14 ‘State’ means a State of the United States, the District

15 of Columbia, and Puerto Rico.

16 ‘‘(b) GENERAL AUTHORITY.—

17 ‘‘(1) ASSISTANCE.—Under criteria to be estab18 lished by the Secretary, the Secretary may provide

19 assistance for—

20 ‘‘(A) the development of transportation

21 plans and programs;

22 ‘‘(B) planning, engineering, designing, and

23 evaluating a public transportation project; and

24 ‘‘(C) for other technical studies.
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1 ‘‘(2) GRANTS, AGREEMENTS, AND CON2 TRACTS.—The Secretary may provide assistance

3 under paragraph (1)—

4 ‘‘(A) by making grants to States, authori5 ties of States, metropolitan planning organiza6 tions, and local governmental authorities; or

7 ‘‘(B) by making agreements with other de8 partments, agencies, and instrumentalities of

9 the Government.

10 ‘‘(3) ELIGIBLE ACTIVITIES.—Activities eligible

11 for assistance under paragraph (1) include the fol12 lowing:

13 ‘‘(A) Studies related to management, plan14 ning, operations, capital requirements, and eco15 nomic feasibility.

16 ‘‘(B) Evaluating previously financed

17 projects.

18 ‘‘(C) Peer reviews and exchanges of tech19 nical data, information, assistance, and related

20 activities in support of planning and environ21 mental analyses among metropolitan planning

22 organizations and other transportation plan23 ners.

24 ‘‘(D) Other similar and related activities

25 preliminary to and in preparation for con-
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1 structing, acquiring, or improving the operation

2 of facilities and equipment.

3 ‘‘(c) PURPOSE.—To the extent practicable, the Sec4 retary shall ensure that amounts appropriated or made

5 available under section 5338 to carry out this section and

6 sections 5303 and 5304 are used to support balanced and

7 comprehensive transportation planning that considers the

8 relationships among land use and all transportation

9 modes, without regard to the programmatic source of the

10 planning amounts.

11 ‘‘(d) METROPOLITAN PLANNING PROGRAM.—

12 ‘‘(1) APPORTIONMENT TO STATES.—

13 ‘‘(A) IN GENERAL.—The Secretary shall

14 apportion 80 percent of the amounts made

15 available under subsection (g)(1) among the

16 States to carry out sections 5303 and 5306 in

17 the ratio that—

18 ‘‘(i) the population of urbanized areas

19 in each State, as shown by the latest avail20 able decennial census of population; bears

21 to

22 ‘‘(ii) the total population of urbanized

23 areas in all States, as shown by that cen24 sus.
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1 ‘‘(B) MINIMUM APPORTIONMENT.—Not2 withstanding subparagraph (A), a State may

3 not receive less than 0.5 percent of the amount

4 apportioned under this paragraph.

5 ‘‘(2) ALLOCATION TO MPO’S.—Amounts appor6 tioned to a State under paragraph (1) shall be made

7 available within 30 days after allocation to metro8 politan planning organizations in the State des9 ignated under this section under a formula that—

10 ‘‘(A) considers population of urbanized

11 areas;

12 ‘‘(B) provides an appropriate distribution

13 for urbanized areas to carry out the cooperative

14 processes described in this section;

15 ‘‘(C) the State develops in cooperation with

16 the metropolitan planning organizations; and

17 ‘‘(D) the Secretary approves.

18 ‘‘(3) SUPPLEMENTAL AMOUNTS.—

19 ‘‘(A) IN GENERAL.—The Secretary shall

20 apportion 20 percent of the amounts made

21 available under subsection (g)(1) among the

22 States to supplement allocations made under

23 paragraph (1) for metropolitan planning organi24 zations.
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1 ‘‘(B) FORMULA.—The Secretary shall ap2 portion amounts referred to in subparagraph

3 (A) under a formula that reflects the additional

4 cost of carrying out planning, programming,

5 and project selection responsibilities under sec6 tions 5303 and 5306 in certain urbanized

7 areas.

8 ‘‘(e) STATE PLANNING AND RESEARCH PROGRAM.—

9 ‘‘(1) APPORTIONMENT TO STATES.—

10 ‘‘(A) IN GENERAL.—The Secretary shall

11 apportion the amounts made available under

12 subsection (g)(2) among the States for grants

13 and contracts to carry out sections 5303

14 through 5306, 5312, 5315, and 5322 in the

15 ratio that—

16 ‘‘(i) the population of urbanized areas

17 in each State, as shown by the latest avail18 able decennial census; bears to

19 ‘‘(ii) the population of urbanized areas

20 in all States, as shown by that census.

21 ‘‘(B) MINIMUM APPORTIONMENT.—Not22 withstanding subparagraph (A), a State may

23 not receive less than 0.5 percent of the amount

24 apportioned under this paragraph.
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1 ‘‘(2) SUPPLEMENTAL AMOUNTS.—A State, as

2 the State considers appropriate, may authorize part

3 of the amount made available under this subsection

4 to be used to supplement amounts made available

5 under subsection (d).

6 ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The Gov7 ernment’s share of the cost of an activity funded using

8 amounts made available under this section may not exceed

9 80 percent of the cost of the activity unless the Secretary

10 determines that it is in the interests of the Government

11 not to require a State or local match.

12 ‘‘(g) ALLOCATION OF FUNDS.—Of the funds made

13 available by or appropriated to carry out this section

14 under section 5338(c) for fiscal years 2004 through

15 2009—

16 ‘‘(1) 82.72 percent shall be available for the

17 metropolitan planning program under subsection (d);

18 and

19 ‘‘(2) 17.28 percent shall be available to carry

20 out subsection (e).

21 ‘‘(h) AVAILABILITY OF FUNDS.—Funds apportioned

22 under this section in a State shall remain available for

23 obligation in that State for a period of 3 years after the

24 last day of the fiscal year for which the funds are author25 ized. Any amounts so apportioned that remain unobligated
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1 at the end of that period shall be reapportioned among

2 the States.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for

4 chapter 53 is amended by striking the item relating to

5 section 5305 and inserting the following:

‘‘5305. Planning programs.’’.

6 SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION.

7 (a) SECTION HEADING.—Section 5306 is amended by

8 striking the section heading and inserting the following:

9 ‘‘§ 5306. Private enterprise participation in planning;

10 relationship to other limitations’’.

11 (b) CONFORMING AMENDMENT.—The analysis for

12 chapter 53 is amended by striking the item relating to

13 section 5306 and inserting the following:

‘‘5306. Private enterprise participation in planning; relationship to other limitations.’’.

14 SEC. 3008. URBANIZED AREA FORMULA GRANTS.

15 (a) TECHNICAL AMENDMENTS.—Section 5307 is

16 amended—

17 (1) by striking subsections (h) and (k); and

18 (2) by redesignating subsections (i), (j), (l),

19 (m), and (n) as subsections (h), (i), (j), (k), and (l),

20 respectively.

21 (b) DEFINITIONS.—Section 5307(a)(2)(A) is

22 amended—
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1 (1) by striking ‘‘a person’’ and inserting ‘‘an

2 entity’’; and

3 (2) by striking ‘‘section 5305(a) of this title’’

4 and inserting ‘‘chapter 52’’.

5 (c) GENERAL AUTHORITY.—Section 5307(b) is

6 amended—

7 (1) by striking paragraph (1) and inserting the

8 following:

9 ‘‘(1) GRANTS.—The Secretary may make

10 grants under this section for—

11 ‘‘(A) capital projects and associated capital

12 maintenance items;

13 ‘‘(B) planning;

14 ‘‘(C) transit enhancements; and

15 ‘‘(D) operating costs of equipment and fa16 cilities for use in public transportation in an ur17 banized area with a population of less than

18 200,000.’’;

19 (2) in the heading to paragraph (2) by striking

20 ‘‘FISCAL YEAR 2003 AND FOR THE PERIOD OF OCTO21 BER 1, 2003, THROUGH APRIL 30, 2004’’ and inserting

22 ‘‘FISCAL YEARS 2003 THROUGH 2005’’;

23 (3) in paragraph (2)(A) by striking ‘‘fiscal year

24 2003’’ and all that follows through ‘‘2004’’ and in25 serting ‘‘fiscal years 2003, 2004, and 2005,’’;
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1 (4) in paragraph (3) by striking ‘‘section

2 5305(a) of this title’’ and inserting ‘‘chapter 52’’;

3 and

4 (5) in paragraph (3)(A) by striking ‘‘section

5 5303 of this title’’ and inserting ‘‘chapter 52’’.

6 (d) GRANT RECIPIENT REQUIREMENTS.—Section

7 5307(d)(1) is amended—

8 (1) in subparagraph (A) by inserting ‘‘, includ9 ing safety and security aspects of the program’’

10 after ‘‘program’’;

11 (2) in subparagraph (H) by striking ‘‘sections

12 5301(a) and (d), 5303–5306, and 5310(a)–(d) of

13 this title’’ and inserting ‘‘subsections (a) and (d) of

14 section 5301 and sections 5303 through 5306’’;

15 (3) in subparagraph (I) by striking ‘‘and’’ at

16 the end; and

17 (4) by adding at the end the following:

18 ‘‘(K) in the case of a recipient for an ur19 banized area with a population of at least

20 200,000—

21 ‘‘(i) will expend one percent of the

22 amount the recipient receives each fiscal

23 year under this section for projects for

24 transit enhancements, as defined in section

25 5302(a); and
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1 ‘‘(ii) will submit an annual report list2 ing projects carried out in the preceding

3 fiscal year with those funds; and’’.

4 (e) GOVERNMENT’S SHARE OF COSTS.—Section

5 5307(e) is amended to read as follows:

6 ‘‘(e) GOVERNMENT’S SHARE OF COSTS.—

7 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital

8 project (including associated capital maintenance

9 items) under this section shall be for 80 percent of

10 the net project cost of the project. The recipient may

11 provide additional local matching amounts.

12 ‘‘(2) OPERATING EXPENSES.—A grant for oper13 ating expenses under this section may not exceed 50

14 percent of the net project cost of the project.

15 (3) REMAINDER.—The remainder of the net

16 project cost shall be provided—

17 ‘‘(A) in cash from sources other than

18 amounts of the Government or revenues from

19 providing public transportation (excluding reve20 nues derived from the sale of advertising and

21 concessions);

22 ‘‘(B) from an undistributed cash surplus, a

23 replacement or depreciation cash fund or re24 serve, or new capital; and
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1 ‘‘(C) from amounts received under a serv2 ice agreement with a State or local social serv3 ice agency or private social service organiza4 tion.’’.

5 (f) REVIEWS, AUDITS, AND EVALUATIONS.—Section

6 5307(h)(1)(A) (as redesignated by subsection (a) of this

7 section) is amended by striking ‘‘shall’’ and inserting

8 ‘‘may’’.

9 (g) RELATIONSHIP TO OTHER LAWS.—Section

10 5307(l) (as redesignated by subsection (a) of this section)

11 is amended—

12 (1) by striking paragraph (1);

13 (2) by redesignating paragraph (2) as para14 graph (1);

15 (3) by inserting ‘‘THIS CHAPTER.—’’ before

16 ‘‘Sections 5302’’;

17 (4) by adding at the end the following:

18 ‘‘(2) CHAPTER 15 OFTITLE 5.—The provision

19 of assistance under this chapter shall not be con20 strued as bringing within the application of chapter

21 15 of title 5 any nonsupervisory employee of a public

22 transportation system (or any other agency or entity

23 performing related functions) to which such chapter

24 is otherwise inapplicable.’’; and
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1 (5) by aligning the left margin of paragraph (1)

2 (as so redesignated) with paragraph (2) (as added

3 by paragraph (4) of this subsection).

4 (h) TREATMENT.—At the end of section 5307, add

5 the following:

6 ‘‘(m) TREATMENT.—For purposes of this section, the

7 United States Virgin Islands shall be treated as an urban8 ized area, as defined in section 5302.’’.

9 SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM.

10 Section 5308 is amended to read as follows:

11 ‘‘§ 5308. Clean fuels formula grant program

12 ‘‘(a) DEFINITIONS.—In this section, the following

13 definitions apply:

14 ‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel

15 bus’ means a passenger vehicle used to provide pub16 lic transportation that—

17 ‘‘(A) is powered by—

18 ‘‘(i) compressed natural gas;

19 ‘‘(ii) liquefied natural gas;

20 ‘‘(iii) biodiesel fuels;

21 ‘‘(iv) batteries;

22 ‘‘(v) alcohol-based fuels;

23 ‘‘(vi) hybrid electric;

24 ‘‘(vii) fuel cell;
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1 ‘‘(viii) clean diesel, to the extent al2 lowed under this section; or

3 ‘‘(ix) other low or zero emissions tech4 nology; and

5 ‘‘(B) the Administrator of the Environ6 mental Protection Agency has certified suffi7 ciently reduces harmful emissions.

8 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible

9 project’—

10 ‘‘(A) means a project in a nonattainment

11 or maintenance area described in paragraph

12 (4)(A) for—

13 ‘‘(i) purchasing or leasing clean fuel

14 buses, including buses that employ a light15 weight composite primary structure;

16 ‘‘(ii) constructing or leasing clean fuel

17 buses or electrical recharging facilities and

18 related equipment for such buses; or

19 ‘‘(iii) improving existing public trans20 portation facilities to accommodate clean

21 fuel buses; and

22 ‘‘(B) at the discretion of the Secretary,

23 may include a project located in a nonattain24 ment or maintenance area described in para25 graph (3)(A) relating to clean fuel, biodiesel,
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1 hybrid electric, or zero emissions technology

2 buses that exhibit equivalent or superior emis3 sions reductions to existing clean fuel or hybrid

4 electric technologies.

5 ‘‘(3) MAINTENANCE AREA.—The term ‘mainte6 nance area’ has the meaning such term has under

7 section 101 of title 23.

8 ‘‘(4) RECIPIENT.—

9 ‘‘(A) IN GENERAL.—The term ‘recipient’

10 means a designated recipient (as defined in sec11 tion 5307(a)(2)) for an area that, and a recipi12 ent for an urbanized area with a population of

13 less than 200,000 that—

14 ‘‘(i) is designated as a nonattainment

15 area for ozone or carbon monoxide under

16 section 107(d) of the Clean Air Act (42

17 U.S.C. 7407(d)); or

18 ‘‘(ii) is a maintenance area for ozone

19 or carbon monoxide.

20 ‘‘(B) SMALLER URBANIZED AREAS.—In

21 the case of an urbanized area with a population

22 of less than 200,000, the State in which the

23 area is located shall act as the recipient for the

24 area under this section.
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1 ‘‘(b) AUTHORITY.—The Secretary shall make grants

2 in accordance with this section to recipients to finance eli3 gible projects.

4 ‘‘(c) APPORTIONMENT OF FUNDS.—

5 ‘‘(1) FORMULA.—The Secretary shall apportion

6 among recipients amounts made available to carry

7 out this section for a fiscal year. Of such amounts—

8 ‘‘(A) two-thirds shall be apportioned to re9 cipients serving urbanized areas with a popu10 lation of at least 1,000,000, of which—

11 ‘‘(i) 50 percent shall be apportioned

12 so that each such recipient receives a grant

13 under this section in an amount equal to

14 the ratio that—

15 ‘‘(I) the number of vehicles in the

16 bus fleet of the recipient, weighted by

17 severity of nonattainment for the area

18 served by the recipient; bears to

19 ‘‘(II) the total number of vehicles

20 in the bus fleets of all such recipients,

21 weighted by severity of nonattainment

22 for all areas served by such recipients;

23 and

24 ‘‘(ii) 50 percent shall be apportioned

25 so that each such recipient receives a grant
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1 under this section in an amount equal to

2 the ratio that—

3 ‘‘(I) the number of bus passenger

4 miles (as defined in section 5336(c))

5 of the recipient, weighted by severity

6 of nonattainment of the area served

7 by the recipient; bears to

8 ‘‘(II) the total number of bus

9 passenger miles (as defined in section

10 5336(c)) of all such recipients,

11 weighted by severity of nonattainment

12 of all areas served by such recipients;

13 and

14 ‘‘(B) one-third shall be apportioned to re15 cipients serving urbanized areas with a popu16 lation of less than 1,000,000, of which—

17 ‘‘(i) 50 percent shall be apportioned

18 so that each such recipient receives a grant

19 under this section in an amount equal to

20 the ratio that—

21 ‘‘(I) the number of vehicles in the

22 bus fleet of the recipient, weighted by

23 severity of nonattainment for the area

24 served by the recipient; bears to
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1 ‘‘(II) the total number of vehicles

2 in the bus fleets of all such recipients,

3 weighted by severity of nonattainment

4 for all areas served by such recipients;

5 and

6 ‘‘(ii) 50 percent shall be apportioned

7 so that each such recipient receives a grant

8 under this section in an amount equal to

9 the ratio that—

10 ‘‘(I) the number of bus passenger

11 miles (as defined in section 5336(c))

12 of the recipient, weighted by severity

13 of nonattainment of the area served

14 by the recipient; bears to

15 ‘‘(II) the total number of bus

16 passenger miles (as defined in section

17 5336(c)) of all such recipients,

18 weighted by severity of nonattainment

19 of all areas served by such recipients.

20 ‘‘(2) WEIGHTING OFSEVERITY OFNONATTAIN21 MENT.—

22 ‘‘(A) IN GENERAL.—For purposes of para23 graph (1), subject to subparagraph (B), the

24 number of buses in the bus fleet, or the number
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1 of passenger miles, shall be multiplied by a fac2 tor of—

3 ‘‘(i) 1.0 if, at the time of the appor4 tionment, the area is a maintenance area

5 for ozone or carbon monoxide;

6 ‘‘(ii) 1.1 if, at the time of the appor7 tionment, the area is classified as a mar8 ginal ozone nonattainment area under sub9 part 2 of part D of title I of the Clean Air

10 Act (42 U.S.C. 7511 et seq.);

11 ‘‘(iii) 1.2 if, at the time of the appor12 tionment, the area is classifed as a mod13 erate ozone nonattainment area under sub14 part 2 of such part;

15 ‘‘(iv) 1.3 if, at the time of the appor16 tionment, the area is classified as a serious

17 ozone nonattainment area under subpart 2

18 of such part;

19 ‘‘(v) 1.4 if, at the time of the appor20 tionment, the area is classified as a severe

21 ozone nonattainment area under subpart 2

22 of such part; or

23 ‘‘(vi) 1.5 if, at the time of the appor24 tionment, the area is classified as an ex-
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1 treme ozone nonattainment area under

2 subpart 2 of such part.

3 ‘‘(B) ADDITIONAL ADJUSTMENT FOR CAR4 BON MONOXIDE AREAS.—If, in addition to

5 being classified as a nonattainment or mainte6 nance area for ozone under subpart 2 of such

7 part, the area was also classified under subpart

8 3 of such part as a nonattainment area for car9 bon monoxide, the weighted nonattainment or

10 maintenance area fleet and passenger miles for

11 the recipient, as calculated under subparagraph

12 (A), shall be further multiplied by a factor of

13 1.2.

14 ‘‘(d) CLEAN DIESEL BUSES.—Not more than 35 per15 cent of the amount made available by or appropriated

16 under section 5338 in each fiscal year to carry out this

17 section may be made available to fund clean diesel buses.

18 ‘‘(e) GRANT REQUIREMENTS.—

19 ‘‘(1) IN GENERAL.—A grant under this section

20 shall be subject to the requirements of section 5307.

21 ‘‘(2) GOVERNMENT’S SHARE OFCOSTS FOR

22 CERTAIN PROJECTS.—Section 5323(i) applies to

23 projects carried out under this section.

24 ‘‘(f) AVAILABILITY OF FUNDS.—Any amount made

25 available or appropriated under this section—
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1 ‘‘(1) shall remain available to a project for 1

2 year after the fiscal year for which the amount is

3 made available or appropriated; and

4 ‘‘(2) that remains unobligated at the end of the

5 period described in paragraph (1) shall be added to

6 the amount made available in the following fiscal

7 year.’’.

8 SEC. 3010. CAPITAL INVESTMENT GRANTS.

9 (a) SECTION HEADING.—Section 5309 is amended by

10 striking the section heading and inserting the following:

11 ‘‘§ 5309. Capital investment grants’’.

12 (b) LOANS FOR REAL PROPERTY INTERESTS.—Sec13 tion 5309 is amended—

14 (1) in subsections (a)(1) and (a)(2) by striking

15 ‘‘and loans’’;

16 (2) by striking subsections (b) and (c); and

17 (3) by redesignating subsection (d) as sub18 section (b).

19 (c) PROJECT AS PART OF APPROVED PROGRAM OF

20 PROJECTS.—Section 5309(b) (as redesignated by sub21 section (b) of this section) is amended—

22 (1) by striking ‘‘Except as provided in sub23 sections (b)(2) and (e) of the section, the’’ and in24 serting ‘‘The’’; and

25 (2) by striking ‘‘or loan’’.
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1 (d) CRITERIA AND FUNDING.—Section 5309 is

2 amended by striking subsections (e) through (p) and in3 serting the following:

4 ‘‘(c) MAJOR CAPITAL INVESTMENT GRANTS OF

5 $75,000,000 OR MORE.—

6 ‘‘(1) FULL FUNDING GRANT AGREEMENT.—A

7 major new fixed guideway capital project financed

8 under this subsection shall be carried out through a

9 full funding grant agreement. The Secretary shall

10 enter into a full funding grant agreement based on

11 the evaluations and ratings required under this sub12 section. The Secretary shall not enter into a full

13 funding grant agreement for a project unless that

14 project is authorized for final design and construc15 tion.

16 ‘‘(2) APPROVAL OFGRANTS.—The Secretary

17 may approve a grant under this section for a major

18 new fixed guideway capital project only if the Sec19 retary, based upon evaluations and considerations

20 set forth in paragraph (3), determines that the pro21 posal is—

22 ‘‘(A) based on the results of an alter23 natives analysis and preliminary engineering;

24 ‘‘(B) justified based on a comprehensive

25 review of its mobility improvements, environ-
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1 mental benefits, cost effectiveness, operating ef2 ficiencies, and transit supportive policies, and

3 existing land use; and

4 ‘‘(C) supported by an acceptable degree of

5 local financial commitment (including evidence

6 of stable and dependable financing sources) to

7 construct, maintain, and operate the system or

8 extension.

9 ‘‘(3) CONSIDERATIONS.—

10 ‘‘(A) RESULTS OFALTERNATIVES ANAL11 YSIS AND PRELIMINARY ENGINEERING.—In

12 evaluating a proposed project for purposes of

13 making the finding required by paragraph

14 (2)(A), the Secretary shall analyze and consider

15 the results of the alternatives analysis and pre16 liminary engineering for the project.

17 ‘‘(B) PROJECT JUSTIFICATION.—In evalu18 ating a proposed project for purposes of making

19 the finding required by paragraph (2)(B), the

20 Secretary shall—

21 ‘‘(i) consider the direct and indirect

22 costs of relevant alternatives;

23 ‘‘(ii) consider factors such as conges24 tion relief, improved mobility, air pollution,

25 noise pollution, energy consumption, and
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1 all associated ancillary and mitigation

2 costs necessary to carry out each alter3 native analyzed and recognize reductions in

4 local infrastructure costs achieved through

5 compact land use development;

6 ‘‘(iii) identify and consider public

7 transportation supportive existing land use

8 policies and future patterns and the cost of

9 suburban sprawl;

10 ‘‘(iv) consider the degree to which the

11 project increases the mobility of the public

12 transportation dependent population or

13 promotes economic development;

14 ‘‘(v) consider population density and

15 current transit ridership in the corridor;

16 ‘‘(vi) consider the technical capability

17 of the grant recipient to construct the

18 project;

19 ‘‘(vii) adjust the project justification

20 to reflect differences in local land, con21 struction, and operating costs; and

22 ‘‘(viii) consider other factors that the

23 Secretary determines appropriate to carry

24 out this chapter.
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1 ‘‘(C) LOCAL FINANCIAL COMMITMENT.—In

2 evaluating a proposed project under paragraph

3 (2)(C), the Secretary shall require that—

4 ‘‘(i) the proposed project plan pro5 vides for the availability of contingency

6 amounts that the Secretary determines to

7 be reasonable to cover unanticipated cost

8 increases;

9 ‘‘(ii) each proposed local source of

10 capital and operating financing is stable,

11 reliable, and available within the proposed

12 project timetable; and

13 ‘‘(iii) local resources are available to

14 operate the overall proposed public trans15 portation system (including essential feeder

16 bus and other services necessary to achieve

17 the projected ridership levels) without re18 quiring a reduction in existing public

19 transportation services to operate the pro20 posed project.

21 ‘‘(D) ASSESSMENT OFLOCAL FINANC22 ING.—In assessing the stability, reliability, and

23 availability of proposed sources of local financ24 ing under paragraph (2)(C), the Secretary shall

25 consider—
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1 ‘‘(i) existing grant commitments;

2 ‘‘(ii) the degree to which financing

3 sources are dedicated to the purposes pro4 posed;

5 ‘‘(iii) any debt obligation that exists

6 or is proposed by the recipient for the pro7 posed project or other public transpor8 tation purpose; and

9 ‘‘(iv) the extent to which the project

10 has a local financial commitment that ex11 ceeds the required non-Federal share of

12 the cost of the project.

13 ‘‘(4) EVALUATION AND RATING OF

14 PROJECTS.—A proposed project under this sub15 section may advance from alternatives analysis to

16 preliminary engineering, and may advance from pre17 liminary engineering to final design and construc18 tion, only if the Secretary finds that the project

19 meets the requirements of this section and there is

20 a reasonable likelihood that the project will continue

21 to meet such requirements. In making the findings,

22 the Secretary shall evaluate and rate the project as

23 ‘highly recommended’, ‘recommended’, or ‘not rec24 ommended’ based on the results of alternatives anal25 ysis, the project justification criteria, and the degree
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1 of local financial commitment, as required under this

2 subsection. In rating the projects, the Secretary

3 shall provide, in addition to the overall project rat4 ing, individual ratings for each of the criteria estab5 lished by regulation.

6 ‘‘(5) MAJOR DEFINED.—In this section, the

7 term ‘major’, as used with respect to a new fixed

8 guideway capital project, means the Federal assist9 ance provided or to be provided under this section

10 for the project is $75,000,000 or more.

11 ‘‘(d) CAPITAL INVESTMENT GRANTS LESS THAN

12 $75,000,000.—

13 ‘‘(1) IN GENERAL.—Subject to the provisions of

14 this subsection, if the Federal assistance provided or

15 to be provided under this section with respect to a

16 new fixed guideway capital project is less than

17 $75,000,000, and not less than $25,000,000, the

18 project shall be subject to the requirements in this

19 subsection.

20 ‘‘(2) SELECTION CRITERIA.—The Secretary

21 may provide Federal assistance under this sub22 section with respect to a proposed project only if the

23 Secretary finds that the project is—

24 ‘‘(A) based on the results of planning and

25 alternatives analysis;
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1 ‘‘(B) justified based on a review of its pub2 lic transportation supportive land use policies,

3 cost effectiveness, and effect on local economic

4 development; and

5 ‘‘(C) supported by an acceptable degree of

6 local financial commitment.

7 ‘‘(3) PLANNING AND ALTERNATIVES.—In evalu8 ating a project under paragraph (2)(A), the Sec9 retary shall analyze and consider the results of plan10 ning and alternatives analysis for the project.

11 ‘‘(4) PROJECT JUSTIFICATION.—For purposes

12 of making the finding under paragraph (2)(B), the

13 Secretary shall—

14 ‘‘(A) determine the degree to which the

15 project is consistent with local land use policies

16 and is likely to achieve local developmental

17 goals;

18 ‘‘(B) determine the cost effectiveness of

19 the project at the time of the initiation of rev20 enue service;

21 ‘‘(C) determine the degree to which the

22 project will have a positive effect on local eco23 nomic development;
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1 ‘‘(D) consider the reliability of the fore2 casts of costs and ridership associated with the

3 project; and

4 ‘‘(E) consider other factors that the Sec5 retary determines appropriate to carry out this

6 subsection.

7 ‘‘(5) LOCAL FINANCIAL COMMITMENT.—For

8 purposes of paragraph (2)(C), the Secretary shall re9 quire that each proposed local source of capital and

10 operating financing is stable, reliable, and available

11 within the proposed project timetable.

12 ‘‘(6) ADVANCEMENT OFPROJECT TO DEVELOP13 MENT AND CONSTRUCTION.—

14 ‘‘(A) GENERAL RULE.—A proposed project

15 under this subsection may advance from plan16 ning and alternatives analysis to project devel17 opment and construction only if—

18 ‘‘(i) the Secretary finds that the

19 project meets the requirements of this sub20 section and there is a reasonable likelihood

21 that the project will continue to meet such

22 requirements; and

23 ‘‘(ii) the metropolitan planning orga24 nization has adopted the locally preferred
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1 alternative for the project into the long2 range transportation plan.

3 ‘‘(B) EVALUATION.—In making the find4 ings under subparagraph (A), the Secretary

5 shall evaluate and rate the project as ‘rec6 ommended’ or ‘not recommended’ based on the

7 results of the analysis of the project justifica8 tion criteria and the degree of local financial

9 commitment, as required by this subsection.

10 ‘‘(7) CONTENTS OFPROJECT CONSTRUCTION

11 GRANT AGREEMENT.—A project construction grant

12 agreement under this subsection shall specify the

13 scope of the project to be constructed, the estimated

14 net project cost of the project, the schedule under

15 which the project shall be constructed, the maximum

16 amount of funding to be obtained under this sub17 section, the proposed schedule for obligation of fu18 ture Federal grants, and the sources of funding

19 from other than the Government. The agreement

20 may include a commitment on the part of the Sec21 retary to provide funding for the project in future

22 fiscal years.

23 ‘‘(8) LIMITATION ON ENTRY INTO CONSTRUC24 TION GRANT AGREEMENT.—The Secretary may

25 enter into a project construction grant agreement
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1 for a project under this subsection only if the project

2 is authorized for construction and has been rated as

3 ‘recommended’ under this subsection.

4 ‘‘(9) REGULATIONS.—Not later than 120 days

5 after the date of enactment of the Federal Public

6 Transportation Act of 2004, the Secretary shall

7 issue regulations establishing an evaluation and rat8 ing process for proposed projects under this sub9 section that is based on the results of project jus10 tification and local financial commitment, as re11 quired under this subsection.

12 ‘‘(10) FIXED GUIDEWAY CAPITAL PROJECT.—In

13 this subsection, the term ‘fixed guideway capital

14 project’ includes a corridor-based public transpor15 tation bus capital project if the majority of the

16 project’s corridor right-of-way is dedicated alignment

17 for exclusive use by public transportation vehicles for

18 all or part of the day.

19 ‘‘(e) PREVIOUSLY ISSUED LETTER OF INTENT OR

20 FULL FUNDING GRANT AGREEMENT.—Subsections (c)

21 and (d) do not apply to projects for which the Secretary

22 has issued a letter of intent or entered into a full funding

23 grant agreement before the date of enactment of the Fed24 eral Public Transportation Act of 2004. Subsection (d)
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1 does not apply to projects for which the Secretary has re2 ceived an application for final design.

3 ‘‘(f) LETTERS OF INTENT, FULL FUNDING GRANT

4 AGREEMENTS, AND EARLY SYSTEMS WORK AGREE5 MENTS.—

6 ‘‘(1) LETTERS OFINTENT.—

7 ‘‘(A) AMOUNTS INTENDED TO BE OBLI8 GATED.—The Secretary may issue a letter of

9 intent to an applicant announcing an intention

10 to obligate, for a capital project under this sec11 tion, an amount from future available budget

12 authority specified in law that is not more than

13 the amount stipulated as the financial partici14 pation of the Secretary in the project. When a

15 letter is issued for fixed guideway projects, the

16 amount shall be sufficient to complete at least

17 an operable segment.

18 ‘‘(B) TREATMENT.—The issuance of a let19 ter under subparagraph (A) is deemed not to be

20 an obligation under sections 1108(c), 1108(d),

21 1501, and 1502(a) of title 31 or an administra22 tive commitment.

23 ‘‘(2) FULL FUNDING GRANT AGREEMENTS.—
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1 ‘‘(A) TERMS.—The Secretary may make a

2 full funding grant agreement with an applicant.

3 The agreement shall—

4 ‘‘(i) establish the terms of participa5 tion by the Government in a project under

6 this section;

7 ‘‘(ii) establish the maximum amount

8 of Government financial assistance for the

9 project;

10 ‘‘(iii) cover the period of time for com11 pleting the project, including a period ex12 tending beyond the period of an authoriza13 tion; and

14 ‘‘(iv) make timely and efficient man15 agement of the project easier according to

16 the law of the United States.

17 ‘‘(B) SPECIAL FINANCIAL RULES.—

18 ‘‘(i) IN GENERAL.—An agreement

19 under this paragraph obligates an amount

20 of available budget authority specified in

21 law and may include a commitment, con22 tingent on amounts to be specified in law

23 in advance for commitments under this

24 paragraph, to obligate an additional
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1 amount from future available budget au2 thority specified in law.

3 ‘‘(ii) STATEMENT OFCONTINGENT

4 COMMITMENT.—The agreement shall state

5 that the contingent commitment is not an

6 obligation of the Government.

7 ‘‘(iii) INTEREST AND OTHER FINANC8 ING COSTS.—Interest and other financing

9 costs of efficiently carrying out a part of

10 the project within a reasonable time are a

11 cost of carrying out the project under a

12 full funding grant agreement, except that

13 eligible costs may not be more than the

14 cost of the most favorable financing terms

15 reasonably available for the project at the

16 time of borrowing. The applicant shall cer17 tify, in a way satisfactory to the Secretary,

18 that the applicant has shown reasonable

19 diligence in seeking the most favorable fi20 nancing terms.

21 ‘‘(iv) COMPLETION OFOPERABLE

22 SEGMENT.—The amount stipulated in an

23 agreement under this paragraph for a fixed

24 guideway project shall be sufficient to com25 plete at least an operable segment.
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1 ‘‘(3) EARLY SYSTEM WORK AGREEMENTS.—

2 ‘‘(A) CONDITIONS.—The Secretary may

3 make an early systems work agreement with an

4 applicant if a record of decision under the Na5 tional Environmental Policy Act of 1969 (42

6 U.S.C. 4321 et seq.) has been issued on the

7 project and the Secretary finds there is reason

8 to believe—

9 ‘‘(i) a full funding grant agreement

10 for the project will be made; and

11 ‘‘(ii) the terms of the work agreement

12 will promote ultimate completion of the

13 project more rapidly and at less cost.

14 ‘‘(B) CONTENTS.—

15 ‘‘(i) IN GENERAL.—A work agreement

16 under this paragraph obligates an amount

17 of available budget authority specified in

18 law and shall provide for reimbursement of

19 preliminary costs of carrying out the

20 project, including land acquisition, timely

21 procurement of system elements for which

22 specifications are decided, and other activi23 ties the Secretary decides are appropriate

24 to make efficient, long-term project man25 agement easier.
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1 ‘‘(ii) PERIOD COVERED.—A work

2 agreement under this paragraph shall

3 cover the period of time the Secretary con4 siders appropriate. The period may extend

5 beyond the period of current authorization.

6 ‘‘(iii) INTEREST AND OTHER FINANC7 ING COSTS.—Interest and other financing

8 costs of efficiently carrying out the work

9 agreement within a reasonable time are a

10 cost of carrying out the agreement, except

11 that eligible costs may not be more than

12 the cost of the most favorable financing

13 terms reasonably available for the project

14 at the time of borrowing. The applicant

15 shall certify, in a way satisfactory to the

16 Secretary, that the applicant has shown

17 reasonable diligence in seeking the most

18 favorable financing terms.

19 ‘‘(iv) FAILURE TO CARRY OUT

20 PROJECT.—If an applicant does not carry

21 out the project for reasons within the con22 trol of the applicant, the applicant shall

23 repay all Government payments made

24 under the work agreement plus reasonable
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1 interest and penalty charges the Secretary

2 establishes in the agreement.

3 ‘‘(4) LIMITATION ON AMOUNTS.—

4 ‘‘(A) MAJOR CAPITAL INVESTMENT

5 GRANTS CONTINGENT COMMITMENT AUTHOR6 ITY.—The total estimated amount of future ob7 ligations of the Government and contingent

8 commitments to incur obligations covered by all

9 outstanding letters of intent, full funding grant

10 agreements, and early systems work agreements

11 under this subsection for major new fixed

12 guideway capital projects may be not more than

13 the greater of the amount authorized under sec14 tions 5338(b) and 5338(h)(1) for such projects

15 or an amount equivalent to the last 3 fiscal

16 years of funding allocated under subsections

17 (m)(1)(B) and (m)(2)(B)(ii) for such projects,

18 less an amount the Secretary reasonably esti19 mates is necessary for grants under this section

20 for those of such projects that are not covered

21 by a letter or agreement. The total amount cov22 ered by new letters and contingent commit23 ments included in full funding grant agree24 ments and early systems work agreements for
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1 such projects may be not more than a limitation

2 specified in law.

3 ‘‘(B) OTHER CONTINGENT COMMITMENT

4 AUTHORITY.—The total estimated amount of

5 future obligations of the Government and con6 tingent commitments to incur obligations cov7 ered by all project construction grant agree8 ments and early system work agreements under

9 this subsection for small capital projects de10 scribed in subsection (d) may be not more than

11 the greater of the amount allocated under sub12 section (m)(2)(A) for such projects or an

13 amount equivalent to the last fiscal year of

14 funding allocated under subsection (m)(2)(A)

15 for such projects, less an amount the Secretary

16 reasonably estimates is necessary for grants

17 under this section for those of such projects

18 that are not covered by an agreement. The total

19 amount covered by new contingent commit20 ments included in project construction grant

21 agreements and early systems work agreements

22 for such projects may be not more than a limi23 tation specified in law.

24 ‘‘(C) INCLUSION OFCERTAIN COMMIT25 MENTS.—Future obligations of the Government
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1 and contingent commitments made against the

2 contingent commitment authority under section

3 3032(g)(2) of the Intermodal Surface Trans4 portation Efficiency Act of 1991 (106 Stat.

5 2125) for the San Francisco BART to the Air6 port project for fiscal years 2002, 2003, 2004,

7 2005, and 2006 shall be charged against sec8 tion 3032(g)(2) of that Act.

9 ‘‘(D) APPROPRIATION REQUIRED.—An ob10 ligation may be made under this subsection only

11 when amounts are appropriated for the obliga12 tion.

13 ‘‘(5) NOTIFICATION OF CONGRESS.—At least 60

14 days before issuing a letter of intent or entering into

15 a full funding grant agreement or project construc16 tion grant agreement under this section, the Sec17 retary shall notify, in writing, the Committee on

18 Transportation and Infrastructure of the House of

19 Representatives and the Committee on Banking,

20 Housing, and Urban Affairs of the Senate of the

21 proposed letter or agreement. The Secretary shall in22 clude with the notification a copy of the proposed

23 letter or agreement as well as the evaluations and

24 ratings for the project.
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1 ‘‘(g) GOVERNMENT’S SHARE OF NET PROJECT

2 COST.—

3 ‘‘(1) FEDERAL SHARE.—Based on engineering

4 studies, studies of economic feasibility, and informa5 tion on the expected use of equipment or facilities,

6 the Secretary shall estimate the net project cost. A

7 grant for the project shall be for 80 percent of the

8 net capital project cost, unless the grant recipient

9 requests a lower grant percentage.

10 ‘‘(2) REMAINDER OFNET PROJECT COST.—The

11 remainder of net project costs shall be provided from

12 an undistributed cash surplus, a replacement or de13 preciation cash fund or reserve, or new capital.

14 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC15 TION.—Nothing in this section, including paragraph

16 (1) and subsections (c)(3)(D)(iv) and (c)(4), shall be

17 construed as authorizing the Secretary to require a

18 non-Federal financial commitment for a project that

19 is more than 20 percent of the net capital project

20 cost.

21 ‘‘(4) SPECIAL RULE FOR ROLLING STOCK

22 COSTS.—In addition to amounts allowed pursuant to

23 paragraph (1), a planned extension to a fixed guide24 way system may include the cost of rolling stock pre25 viously purchased if the applicant satisfies the Sec-
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1 retary that only amounts other than amounts of the

2 Government were used and that the purchase was

3 made for use on the extension. A refund or reduc4 tion of the remainder may be made only if a refund

5 of a proportional amount of the grant of the Govern6 ment is made at the same time.

7 ‘‘(5) LIMITATION ON APPLICABILITY.—This

8 subsection does not apply to projects for which the

9 Secretary has entered into a full funding grant

10 agreement before the date of enactment of the Fed11 eral Public Transportation Act of 2004.

12 ‘‘(h) FISCAL CAPACITY CONSIDERATIONS.—If the

13 Secretary gives priority consideration to financing projects

14 that include more than the non-Government share re15 quired under subsection (g), the Secretary shall give equal

16 consideration to differences in the fiscal capacity of State

17 and local governments.

18 ‘‘(i) REPORTS ON NEW STARTS.—

19 ‘‘(1) ANNUAL DOT REPORT.—Not later than

20 the first Monday in February of each year, the Sec21 retary shall submit to the Committee on Transpor22 tation and Infrastructure of the House of Represent23 atives and the Committee on Banking, Housing, and

24 Urban Affairs of the Senate a report that includes—
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1 ‘‘(A) a proposal of allocations of amounts

2 to be available to finance grants for new fixed

3 guideway capital projects among applicants for

4 these amounts;

5 ‘‘(B) evaluations and ratings, as required

6 under subsection (c), for each such project that

7 is authorized by the Federal Public Transpor8 tation Act of 2004; and

9 ‘‘(C) recommendations of such projects for

10 funding based on the evaluations and ratings

11 and on existing commitments and anticipated

12 funding levels for the next 3 fiscal years and for

13 the next 10 fiscal years based on information

14 currently available to the Secretary.

15 ‘‘(2) ANNUAL GAO REVIEW.—The Comptroller

16 General shall—

17 ‘‘(A) conduct an annual review of—

18 ‘‘(i) the processes and procedures for

19 evaluating, rating, and recommending new

20 fixed guideway capital projects; and

21 ‘‘(ii) the Secretary’s implementation

22 of such processes and procedures; and

23 ‘‘(B) report to Congress on the results of

24 such review by May 31 of each year.

25 ‘‘(j) UNDERTAKING PROJECTS IN ADVANCE.—
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1 ‘‘(1) IN GENERAL.—The Secretary may pay the

2 Government’s share of the net capital project cost to

3 a State or local governmental authority that carries

4 out any part of a project described in this section

5 without the aid of amounts of the Government and

6 according to all applicable procedures and require7 ments if—

8 ‘‘(A) the State or local governmental au9 thority applies for the payment;

10 ‘‘(B) the Secretary approves the payment;

11 and

12 ‘‘(C) before carrying out the part of the

13 project, the Secretary approves the plans and

14 specifications for the part in the same way as

15 other projects under this section.

16 ‘‘(2) FINANCING COSTS.—

17 ‘‘(A) IN GENERAL.—The cost of carrying

18 out part of a project includes the amount of in19 terest earned and payable on bonds issued by

20 the State or local governmental authority to the

21 extent proceeds of the bonds are expended in

22 carrying out the part.

23 ‘‘(B) LIMITATION ON AMOUNT OFINTER24 EST.—The amount of interest under this para25 graph may not be more than the most favorable
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1 interest terms reasonably available for the

2 project at the time of borrowing.

3 ‘‘(C) CERTIFICATION.—The applicant shall

4 certify, in a manner satisfactory to the Sec5 retary, that the applicant has shown reasonable

6 diligence in seeking the most favorable financial

7 terms.

8 ‘‘(3) CAPITAL PROJECT COST INDICES.—The

9 Secretary shall consider changes in capital project

10 cost indices when determining the estimated cost

11 under paragraph (2).

12 ‘‘(k) BUS AND BUS FACILITIES PROJECTS.—In mak13 ing grants under subsections (m)(1)(C) and

14 (m)(2)(B)(iii), the Secretary shall consider the age of

15 buses, bus fleets, related equipment, and bus-related facili16 ties.

17 ‘‘(l) AVAILABILITY OF AMOUNTS.—An amount made

18 available or appropriated under section 5338(b), 5338(g),

19 or 5338(h) for replacement, rehabilitation, and purchase

20 of buses and related equipment and construction of bus21 related facilities or for new fixed guideway capital projects

22 shall remain available for 3 fiscal years, including the fis23 cal year in which the amount is made available or appro24 priated. Any of such amounts that are unobligated at the

25 end of the 3-fiscal-year period shall be deobligated and
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1 may be used by the Secretary for any purpose under this

2 section.

3 ‘‘(m) ALLOCATING AMOUNTS.—

4 ‘‘(1) FISCAL YEAR 2004.—Of the amounts

5 made available by or appropriated under section

6 5338(b), $85,000,000 shall be allocated to new fixed

7 guideway capital projects under subsection (d). Re8 maining amounts shall be allocated as follows:

9 ‘‘(A) 40 percent for fixed guideway mod10 ernization;

11 ‘‘(B) 40 percent for major new fixed guide12 way capital projects; and

13 ‘‘(C) 20 percent to replace, rehabilitate,

14 and purchase buses and related equipment and

15 to construct bus-related facilities.

16 ‘‘(2) FISCAL YEARS 2005–2009.—The total

17 amount of funds made available by section 5338(g),

18 and appropriated under section 5338(h), for each of

19 fiscal years 2005 through 2009 shall be allocated in

20 the fiscal year as follows:

21 ‘‘(A) SMALL CAPITAL PROJECTS.—From

22 funds appropriated under section 5338(h) for

23 new fixed guideway capital projects described in

24 subsection (d)—

25 ‘‘(i) $135,000,000 in fiscal year 2005;
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1 ‘‘(ii) $175,000,000 in fiscal year

2 2006;

3 ‘‘(iii) $200,000,000 in fiscal year

4 2007;

5 ‘‘(iv) $200,000,000 in fiscal year

6 2008; and

7 ‘‘(v) $225,000,000 in fiscal year

8 2009.

9 ‘‘(B) REMAINDER.—After the allocation

10 under subparagraph (A), the remainder of such

11 total amount shall be allocated as follows:

12 ‘‘(i) 40 percent for fixed guideway

13 modernization, to be derived from funds

14 made available under section 5338(g).

15 ‘‘(ii) 40 percent for major new fixed

16 capital guideway projects, to be derived

17 from funds appropriated under section

18 5338(h).

19 ‘‘(iii) 20 percent to replace, rehabili20 tate, and purchase buses and related

21 equipment and to construct bus-related fa22 cilities, to be derived from funds made

23 available under section 5338(g).

24 ‘‘(3) FUNDING FOR FERRY BOAT SYSTEMS.—Of

25 the amounts made available under paragraphs
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1 (1)(B) and (2)(B)(ii), $10,400,000 shall be available

2 in each of fiscal years 2004 through 2009 for new

3 fixed guideway capital projects in Alaska or Hawaii

4 that are for ferry boats or ferry terminal facilities or

5 that are for approaches to ferry terminal facilities.

6 Of the amounts made available under paragraphs

7 (1)(C) and (2)(B)(iii), $10,000,000 shall be avail8 able in each of fiscal years 2004 through 2009 for

9 ferry boats or ferry terminal facilities.

10 ‘‘(4) FUEL CELL BUS PROGRAM.—Of the

11 amounts made available under subsections (m)(1)(C)

12 and (m)(2)(B)(iii) for a fiscal year, the following

13 amounts shall be set aside for the national fuel cell

14 bus technology development program under section

15 3039 of the Federal Public Transportation Act of

16 2004:

17 ‘‘(A) $4,849,950 for fiscal year 2004.

18 ‘‘(B) $10,000,000 for fiscal year 2005.

19 ‘‘(C) $11,000,000 for fiscal year 2006.

20 ‘‘(D) $12,000,000 for fiscal year 2007.

21 ‘‘(E) $13,000,000 for fiscal year 2008.

22 ‘‘(F) $14,000,000 for fiscal year 2009.

23 ‘‘(n) NEW FIXED GUIDEWAY CAPITAL PROJECT DE24 FINED.—In this section, the term ‘new fixed guideway

25 capital project’ means a minimum operable segment of a
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1 capital project for a new fixed guideway system or exten2 sion to an existing fixed guideway system.’’.

3 (e) CONFORMING AMENDMENTS.—

4 (1) CHAPTER ANALYSIS.—The analysis for

5 chapter 53 is amended by striking the item relating

6 to section 5309 and inserting the following:

‘‘5309. Capital investment grants.’’.

7 (2) SECTION 5328.—Section 5328(a) is

8 amended—

9 (A) in paragraph (2) by striking ‘‘5309(e)’’

10 and inserting ‘‘5309(c)’’; and

11 (B) in paragraph (4) by striking ‘‘under

12 section 5309(o)(1)’’ and inserting ‘‘under sec13 tion 5309(i)(1)’’.

14 SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF EL15 DERLY INDIVIDUALS AND INDIVIDUALS WITH

16 DISABILITIES.

17 (a) IN GENERAL.—Section 5310 is amended—

18 (1) by striking the section heading and insert19 ing the following:

20 ‘‘§ 5310. Formula grants for special needs of elderly

21 individuals and individuals with disabil22 ities’’;

23 (2) by striking subsections (a) through (g) and

24 inserting the following:

25 ‘‘(a) GENERAL AUTHORITY.—
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1 ‘‘(1) GRANTS.—The Secretary may make

2 grants to States and local governmental authorities

3 under this section for public transportation capital

4 projects, and operating costs associated with public

5 transportation capital projects, planned, designed,

6 and carried out to meet the special needs of elderly

7 individuals and individuals with disabilities.

8 ‘‘(2) SUBRECIPIENTS.—A State that receives a

9 grant under this section may allocate the amounts of

10 the grant to—

11 ‘‘(A) a private nonprofit organization if the

12 public transportation service provided under

13 paragraph (1) is unavailable, insufficient, or in14 appropriate; or

15 ‘‘(B) a governmental authority that—

16 ‘‘(i) is approved by the State to co17 ordinate services for elderly individuals and

18 individuals with disabilities; or

19 ‘‘(ii) certifies that there are not any

20 nonprofit organizations readily available in

21 the area to provide the services described

22 under paragraph (1).

23 ‘‘(3) ACQUIRING PUBLIC TRANSPORTATION

24 SERVICES.—A public transportation capital project
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1 under this section may include acquisition of public

2 transportation services as an eligible capital expense.

3 ‘‘(4) ADMINISTRATIVE EXPENSES.—A State or

4 local governmental authority may use not more than

5 10 percent of the amounts apportioned to the State

6 under this section to administer, plan, and provide

7 technical assistance for a project funded under this

8 section.

9 ‘‘(b) APPORTIONMENT AND TRANSFERS.—

10 ‘‘(1) APPORTIONMENT.—

11 ‘‘(A) FORMULA.—The Secretary shall ap12 portion amounts made available to carry out

13 this section under a formula the Secretary ad14 ministers that considers the number of elderly

15 individuals and individuals with disabilities in

16 each State.

17 ‘‘(B) LOW DENSITY ADJUSTMENT.—In ad18 ministering the apportionment formula under

19 subparagraph (A)—

20 ‘‘(i) in the case of a State with a pop21 ulation density of 10 or fewer persons per

22 square mile, the Secretary shall multiply

23 by a factor of 2 the number of elderly indi24 viduals and individuals with disabilities in

25 the State (as determined using the most
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1 recent decennial United States Census);

2 and

3 ‘‘(ii) in the case of a State with a pop4 ulation density of more than 10 but equal

5 to or fewer than 30 persons per square

6 mile, the Secretary shall multiply by a fac7 tor of 1.25 the number of elderly individ8 uals and individuals with disabilities in the

9 State (as determined using the most recent

10 decennial United States Census).

11 ‘‘(2) TRANSFERS.—Any State’s apportionment

12 remaining available for obligation at the beginning

13 of the 90-day period before the end of the period of

14 availability of the apportionment is available to the

15 State for transfer to supplement amounts appor16 tioned to the State under section 5311(c) or

17 5336(a)(1), or both. Any funds transferred pursuant

18 to this paragraph shall be made available only for el19 igible projects as described in this section.

20 ‘‘(c) GOVERNMENT’S SHARE OF COSTS.—

21 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital

22 project under this section shall be for 80 percent of

23 the net capital costs of the project, as determined by

24 the Secretary; except that in the case of a State de25 scribed in section 120(b)(1) of title 23, such percent-
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1 age shall be increased in accordance with such sec2 tion.

3 ‘‘(2) OPERATING ASSISTANCE.—A grant made

4 under this section for operating assistance may not

5 exceed 50 percent of the net operating costs of the

6 project, as determined by the Secretary.

7 ‘‘(3) REMAINDER.—The remainder of the net

8 project costs—

9 ‘‘(A) may be provided from an undistrib10 uted cash surplus, a replacement or deprecia11 tion cash fund or reserve, a service agreement

12 with a State or local social service agency or a

13 private social service organization, or new cap14 ital; and

15 ‘‘(B) may be derived from amounts appro16 priated to or made available to a department or

17 agency of the Government (other than the De18 partment of Transportation) that are eligible to

19 be expended for transportation.

20 ‘‘(4) USE OFCERTAIN FUNDS.—For purposes

21 of paragraph (3)(B), the prohibitions on the use of

22 funds for matching requirements under section

23 403(a)(5)(C)(vii) of the Social Security Act (42

24 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal
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1 or State funds to be used for transportation pur2 poses.

3 ‘‘(d) GRANT REQUIREMENTS.—

4 ‘‘(1) IN GENERAL.—A grant under this section

5 shall be subject to all requirements of a grant under

6 section 5307. A grant to a subrecipient under this

7 section shall be subject to such requirements to the

8 extent the Secretary considers appropriate.

9 ‘‘(2) COORDINATION WITH NONPROFIT PRO10 VIDERS.—A recipient that transfers funds to an ap11 portionment under section 5336(a)(1) pursuant to

12 subsection (b)(2) shall certify that the project for

13 which the funds are requested under this section has

14 been coordinated with nonprofit providers of serv15 ices.

16 ‘‘(3) PROJECT SELECTION AND PLANNING.—A

17 recipient of funds under this section shall certify

18 that—

19 ‘‘(A) the projects selected were derived

20 from a locally developed, coordinated public

21 transit-human services transportation plan; and

22 ‘‘(B) the plan was developed through a

23 process that included representatives of public,

24 private, and nonprofit transportation and
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1 human services providers and participation by

2 the public.

3 ‘‘(4) FAIR AND EQUITABLE DISTRIBUTION.—A

4 recipient of a grant under this section shall certify

5 that allocations of the grant to subrecipients are dis6 tributed on a fair and equitable basis.

7 ‘‘(e) STATE PROGRAM.—

8 ‘‘(1) IN GENERAL.—Amounts made available to

9 carry out this section may be used for transportation

10 projects to assist in providing transportation services

11 for elderly individuals and individuals with disabil12 ities that are included in a State program of

13 projects.

14 ‘‘(2) SUBMISSION AND APPROVAL.—A program

15 shall be submitted annually to the Secretary for ap16 proval and shall contain an assurance that the pro17 gram provides for maximum feasible coordination of

18 transportation services assisted under this section

19 with transportation services assisted by other Gov20 ernment sources.

21 ‘‘(f) LEASING VEHICLES.—Vehicles acquired under

22 this section may be leased to local governmental authori23 ties to improve transportation services designed to meet

24 the special needs of elderly individuals and individuals

25 with disabilities.’’; and
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1 (3) by redesignating subsections (h) through (j)

2 as subsections (g) through (i), respectively.

3 (b) CONFORMING AMENDMENT.—The analysis for

4 chapter 53 is amended by striking the item relating to

5 section 5310 and inserting the following:

‘‘5310. Formula grants for special needs of elderly individuals and individuals

with disabilities.’’.

6 SEC. 3012. FORMULA GRANTS FOR OTHER THAN URBAN7 IZED AREAS.

8 (a) DEFINITIONS.—Section 5311(a) is amended to

9 read as follows:

10 ‘‘(a) DEFINITIONS.—In this section, the following

11 definitions apply:

12 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a

13 State that receives a Federal transit program grant

14 directly from the Government.

15 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’

16 means a State or local governmental authority, non17 profit organization, or operator of public transpor18 tation services that receives a Federal transit pro19 gram grant indirectly through a recipient.’’.

20 (b) GENERAL AUTHORITY.—Section 5311(b) is

21 amended to read as follows:

22 ‘‘(b) GENERAL AUTHORITY.—

23 ‘‘(1) GRANTS.—Except as provided in para24 graph (2), the Secretary may make grants to other
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1 than urbanized areas under this section for the fol2 lowing:

3 ‘‘(A) Public transportation capital projects.

4 ‘‘(B) Operating costs of equipment and fa5 cilities for use in public transportation.

6 ‘‘(C) Acquisition of public transportation

7 services, including service agreements with pri8 vate providers of public transportation services.

9 ‘‘(2) STATE PROGRAM.—

10 ‘‘(A) IN GENERAL.—Amounts made avail11 able to carry out this section shall be used for

12 projects included in a State program for public

13 transportation projects, including service agree14 ments with private providers of public transpor15 tation.

16 ‘‘(B) SUBMISSION.—The program shall be

17 submitted annually to the Secretary for ap18 proval.

19 ‘‘(C) APPROVAL.—The Secretary may ap20 prove the program only if the Secretary finds

21 that the program provides a fair distribution of

22 amounts in the State, including Indian reserva23 tions, and the maximum feasible coordination of

24 public transportation service assisted under this
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1 section with transportation service assisted by

2 other Federal sources.

3 ‘‘(3) RURAL TRANSPORTATION ASSISTANCE

4 PROGRAM.—

5 ‘‘(A) IN GENERAL.—The Secretary shall

6 carry out a rural transportation assistance pro7 gram in other than urbanized areas.

8 ‘‘(B) GRANTS AND CONTRACTS.—In car9 rying out this paragraph, the Secretary may use

10 not more than 2 percent of the amount made

11 available to carry out this section to make

12 grants and contracts for transportation re13 search, technical assistance, training, and re14 lated support services in other than urbanized

15 areas.

16 ‘‘(C) PROJECTS OFA NATIONAL SCOPE.—

17 Not more than 15 percent of the amounts avail18 able under subparagraph (B) may be used by

19 the Secretary to carry out projects of a national

20 scope, with the remaining balance provided to

21 the States.’’.

22 (c) APPORTIONMENTS.—Section 5311(c) is amended

23 to read as follows:

24 ‘‘(c) APPORTIONMENTS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall appor2 tion amounts made available to carry out this sec3 tion among the States in the ratio that—

4 ‘‘(A) the population of other than urban5 ized areas in each State, as shown by the most

6 recent Government decennial census of popu7 lation; bears to

8 ‘‘(B) the population of all other than ur9 banized areas in the United States, as shown by

10 that census.

11 ‘‘(2) LOW DENSITY ADJUSTMENT.—In admin12 istering the apportionment formula under paragraph

13 (1)—

14 ‘‘(A) in the case of a State with a popu15 lation density of 10 or fewer persons per square

16 mile in other than urbanized areas of the State,

17 the Secretary shall multiply by a factor of 1.5

18 the population of such other than urbanized

19 areas (as determined using the most recent de20 cennial United States Census); and

21 ‘‘(B) in the case of a State with a popu22 lation density of more than 10 but equal to or

23 fewer than 12 persons per square mile in other

24 than urbanized areas of the State, the Sec25 retary shall multiply by a factor of 1.25 the
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1 population of such other than urbanized areas

2 (as determined using the most recent decennial

3 United States Census).

4 ‘‘(3) AVAILABILITY.—The amount apportioned

5 to a State under this subsection may be obligated by

6 the State for 2 fiscal years after the fiscal year in

7 which the amount is apportioned. An amount that is

8 not obligated at the end of that period shall be re9 apportioned among the States for the next fiscal

10 year.’’.

11 (d) USE FOR ADMINISTRATION, PLANNING, AND

12 TECHNICAL ASSISTANCE.—Section 5311(e) is amended—

13 (1) in the subsection heading by inserting ‘‘,

14 PLANNING,’’ after ‘‘ADMINISTRATION’’;

15 (2) by striking ‘‘(1) The Secretary’’ and insert16 ing ‘‘The Secretary’’;

17 (3) by striking paragraph (2); and

18 (4) by striking ‘‘recipient’’ and inserting ‘‘sub19 recipient’’.

20 (e) INTERCITY BUS TRANSPORTATION.—Section

21 5311(f) is amended—

22 (1) in paragraph (1) by striking ‘‘after Sep23 tember 30, 1993,’’; and
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1 (2) in paragraph (2) by striking ‘‘A State’’ and

2 inserting ‘‘After consultation with affected intercity

3 bus service providers, a State’’.

4 (f) GOVERNMENT’S SHARE OF COSTS.—Section

5 5311(g) is amended to read as follows:

6 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

7 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital

8 project under this section shall be for 80 percent of

9 the net capital costs of the project, as determined by

10 the Secretary; except that in the case of a State de11 scribed in section 120(b)(1) of title 23, such percent12 age shall be increased in accordance with such sec13 tion.

14 ‘‘(2) OPERATING ASSISTANCE.—A grant made

15 under this section for operating assistance may not

16 exceed 50 percent of the net operating costs of the

17 project, as determined by the Secretary.

18 ‘‘(3) REMAINDER.—The remainder of net

19 project costs—

20 ‘‘(A) may be provided from an undistrib21 uted cash surplus, a replacement or deprecia22 tion cash fund or reserve, a service agreement

23 with a State or local social service agency or a

24 private social service organization, or new cap25 ital; and
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1 ‘‘(B) may be derived from amounts appro2 priated to or made available to a department or

3 agency of the Government (other than the De4 partment of Transportation) that are eligible to

5 be expended for transportation.

6 ‘‘(4) USE OFCERTAIN FUNDS.—For purposes

7 of paragraph (3)(B), the prohibitions on the use of

8 funds for matching requirements under section

9 403(a)(5)(C)(vii) of the Social Security Act (42

10 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal

11 or State funds to be used for transportation pur12 poses.

13 ‘‘(5) LIMITATION ON OPERATING ASSIST14 ANCE.—A State carrying out a program of operating

15 assistance under this section may not limit the level

16 or extent of use of the Government grant for the

17 payment of operating expenses.’’.

18 (g) RELATIONSHIP TO OTHER LAWS.—Section 5311

19 is amended—

20 (1) by striking subsection (h); and

21 (2) by redesignating subsections (i) and (j) as

22 subsections (h) and (i), respectively.

23 (h) CORRECTION TO CHAPTER ANALYSIS.—The anal24 ysis for chapter 53 is amended by striking the item relat25 ing to section 5311 and inserting the following:

‘‘5311. Formula grants for other than urbanized areas.’’.
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1 SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION,

2 AND DEPLOYMENT PROJECTS.

3 (a) IN GENERAL.—Section 5312 is amended—

4 (1) in subsection (a)—

5 (A) by striking the first parenthetical

6 phrase;

7 (B) by striking ‘‘or contracts’’ and insert8 ing ‘‘, contracts, cooperative agreements, or

9 other transactions’’;

10 (C) by striking ‘‘help reduce urban trans11 portation needs, improve mass transportation

12 service,’’ and inserting ‘‘improve transportation

13 service’’;

14 (D) by striking ‘‘urban’’ each place it ap15 pears; and

16 (E) by striking ‘‘and demonstration

17 projects’’ and inserting ‘‘, demonstration or de18 ployment projects, or evaluation of technology

19 of national significance’’;

20 (2) by striking subsections (b) and (c);

21 (3) by redesignating subsections (d) and (e) as

22 subsections (b) and (c), respectively;

23 (4) in subsection (b)(2) (as so redesignated) by

24 striking ‘‘other agreements’’ and inserting ‘‘other

25 transactions’’; and
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1 (5) in subsection (c)(2) (as so redesignated) by

2 striking ‘‘public and’’ and inserting ‘‘public or’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) SECTION HEADING.—Section 5312 is

5 amended by striking the section heading and insert6 ing the following:

7 ‘‘§ 5312. Research, development, demonstration, and

8 deployment projects’’.

9 (2) CHAPTER ANALYSIS.—The analysis for

10 chapter 53 is amended by striking the item relating

11 to section 5312 and inserting the following:

‘‘5312. Research, development, demonstration, and deployment projects.’’.

12 SEC. 3014. COOPERATIVE RESEARCH PROGRAM.

13 (a) IN GENERAL.—Section 5313 is amended—

14 (1) in subsection (a) by striking ‘‘(1) The

15 amounts made available under paragraphs (1) and

16 (2)(C)(ii) of section 5338(d) of this title’’ and insert17 ing ‘‘The amounts made available under paragraphs

18 (1)(C)(iv) and (2)(C) of section 5338(d)’’;

19 (2) by striking subsection (b);

20 (3) in subsection (a)(2) by striking ‘‘(2) The’’

21 and inserting ‘‘(b) FEDERAL ASSISTANCE.—The’’;

22 and

23 (4) in subsection (c) by striking ‘‘subsection (a)

24 of’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) IN GENERAL.—Section 5313 is amended by

2 striking the section heading and inserting the fol3 lowing:

4 ‘‘§ 5313. Cooperative research program’’.

5 (2) CHAPTER ANALYSIS.—The analysis for

6 chapter 53 is amended by striking the item relating

7 to section 5313 and inserting the following:

‘‘5313. Cooperative research program.’’.

8 SEC. 3015. NATIONAL RESEARCH AND TECHNOLOGY PRO9 GRAMS.

10 (a) IN GENERAL.—Section 5314 is amended—

11 (1) by striking the section heading and insert12 ing the following:

13 ‘‘§ 5314. National research and technology programs’’;

14 (2) in subsection (a)(1)—

15 (A) by striking ‘‘subsections (d) and (h)(7)

16 of section 5338 of this title’’ and inserting ‘‘sec17 tion 5338(d)’’;

18 (B) by striking ‘‘and contracts’’ and insert19 ing ‘‘, contracts, cooperative agreements, or

20 other transactions’’;

21 (C) by striking ‘‘5303–5306,’’; and

22 (D) by striking ‘‘5317,’’;

23 (3) in subsection (a)(2) by striking ‘‘Of the

24 amounts’’ and all that follows through ‘‘$3,000,000

25 to’’ and inserting ‘‘The Secretary shall’’;
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1 (4) by striking subsection (a)(4)(B);

2 (5) by redesignating subsection (a)(4)(C) as

3 subsection (a)(4)(B); and

4 (6) in subsection (b) by striking ‘‘or contract’’

5 and all that follows through ‘‘section,’’ and inserting

6 ‘‘, contract, cooperative agreement, or other trans7 action under subsection (a) or section 5312,’’.

8 (b) CONFORMING AMENDMENT.—The analysis for

9 chapter 53 is amended by striking the item relating to

10 section 5314 and inserting the following:

‘‘5314. National research and technology programs.’’.

11 SEC. 3016. NATIONAL TRANSIT INSTITUTE.

12 Section 5315 is amended—

13 (1) in subsection (a) by striking ‘‘public mass

14 transportation’’ and inserting ‘‘public transpor15 tation’’; and

16 (2) in subsection (d) by striking ‘‘mass’’ each

17 place it appears.

18 SEC. 3017. JOB ACCESS AND REVERSE COMMUTE FORMULA

19 GRANTS.

20 (a) IN GENERAL.—Chapter 53 is amended by insert21 ing after section 5315 the following:

22 ‘‘§ 5316. Job access and reverse commute formula

23 grants

24 ‘‘(a) DEFINITIONS.—In this section, the following

25 definitions apply:
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1 ‘‘(1) ACCESS TO JOBS PROJECT.—The term ‘ac2 cess to jobs project’ means a project relating to the

3 development and maintenance of transportation

4 services designed to transport welfare recipients and

5 eligible low-income individuals to and from jobs and

6 activities related to their employment, including—

7 ‘‘(A) transportation projects to finance

8 planning, capital, and operating costs of pro9 viding access to jobs under this chapter;

10 ‘‘(B) promoting public transportation by

11 low-income workers, including the use of public

12 transportation by workers with nontraditional

13 work schedules;

14 ‘‘(C) promoting the use of transit vouchers

15 for welfare recipients and eligible low-income in16 dividuals; and

17 ‘‘(D) promoting the use of employer-pro18 vided transportation, including the transit pass

19 benefit program under section 132 of the Inter20 nal Revenue Code of 1986.

21 ‘‘(2) ELIGIBLE LOW-INCOME INDIVIDUAL.—The

22 term ‘eligible low-income individual’ means an indi23 vidual whose family income is at or below 150 per24 cent of the poverty line (as that term is defined in

25 section 673(2) of the Community Services Block
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1 Grant Act (42 U.S.C. 9902(2)), including any revi2 sion required by that section) for a family of the size

3 involved.

4 ‘‘(3) RECIPIENT.—The term ‘recipient’ means a

5 designated recipient (as defined in section

6 5307(a)(2)) and a State that receives a grant under

7 this section directly.

8 ‘‘(4) REVERSE COMMUTE PROJECT.—The term

9 ‘reverse commute project’ means a public transpor10 tation project designed to transport residents of ur11 banized areas and other than urbanized areas to

12 suburban employment opportunities, including any

13 projects to—

14 ‘‘(A) subsidize the costs associated with

15 adding reverse commute bus, train, carpool, van

16 routes, or service from urbanized areas and

17 other than urbanized areas to suburban work18 places;

19 ‘‘(B) subsidize the purchase or lease by a

20 nonprofit organization or public agency of a van

21 or bus dedicated to shuttling employees from

22 their residences to a suburban workplace; or

23 ‘‘(C) otherwise facilitate the provision of

24 public transportation services to suburban em25 ployment opportunities.
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1 ‘‘(5) SUBRECIPIENT.—The term ‘subrecipient’

2 means a State or local governmental authority, non3 profit organization, or operator of public transpor4 tation services that receives a grant under this sec5 tion indirectly through a recipient.

6 ‘‘(6) WELFARE RECIPIENT.—The term ‘welfare

7 recipient’ means an individual who has received as8 sistance under a State or tribal program funded

9 under part A of title IV of the Social Security Act

10 at any time during the 3-year period before the date

11 on which the applicant applies for a grant under this

12 section.

13 ‘‘(b) GENERAL AUTHORITY.—

14 ‘‘(1) GRANTS.—The Secretary may make

15 grants under this section to a recipient for access to

16 jobs and reverse commute projects carried out by the

17 recipient or a subrecipient.

18 ‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient

19 may use not more than 10 percent of the amounts

20 apportioned to the recipient under this section to ad21 minister, plan, and provide technical assistance for

22 a project funded under this section.

23 ‘‘(c) APPORTIONMENTS.—
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1 ‘‘(1) FORMULA.—The Secretary shall apportion

2 amounts made available to carry out this section as

3 follows:

4 ‘‘(A) 60 percent of the funds shall be ap5 portioned among designated recipients (as de6 fined in section 5307(a)(2)) for urbanized areas

7 with a population of 200,000 or more in the

8 ratio that—

9 ‘‘(i) the number of eligible low-income

10 individuals and welfare recipients in each

11 such urbanized area; bears to

12 ‘‘(ii) the number of eligible low-income

13 individuals and welfare recipients in all

14 such urbanized areas.

15 ‘‘(B) 20 percent of the funds shall be ap16 portioned among the States in the ratio that—

17 ‘‘(i) the number of eligible low-income

18 individuals and welfare recipients in urban19 ized areas with a population of less than

20 200,000 in each State; bears to

21 ‘‘(ii) the number of eligible low-income

22 individuals and welfare recipients in urban23 ized areas with a population of less than

24 200,000 in all States.
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1 ‘‘(C) 20 percent of the funds shall be ap2 portioned among the States in the ratio that—

3 ‘‘(i) the number of eligible low-income

4 individuals and welfare recipients in other

5 than urbanized areas in each State; bears

6 to

7 ‘‘(ii) the number of eligible low-income

8 individuals and welfare recipients in other

9 than urbanized areas in all States.

10 ‘‘(2) USE OFAPPORTIONED FUNDS.—Except as

11 provided in paragraph (3)—

12 ‘‘(A) funds apportioned under paragraph

13 (1)(A) shall be used for projects serving urban14 ized areas with a population of 200,000 or

15 more;

16 ‘‘(B) funds apportioned under paragraph

17 (1)(B) shall be used for projects serving urban18 ized areas with a population of less than

19 200,000; and

20 ‘‘(C) funds apportioned under paragraph

21 (1)(C) shall be used for projects serving other

22 than urbanized areas.

23 ‘‘(3) EXCEPTIONS.—A State may use funds ap24 portioned under paragraphs (1)(B) and (1)(C)—
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1 ‘‘(A) for projects serving areas other than

2 the area specified in paragraph (2)(B) or

3 (2)(C), as the case may be, if the Governor of

4 the State certifies that all of the objectives of

5 this section are being met in the specified area;

6 or

7 ‘‘(B) for projects anywhere in the State if

8 the State has established a statewide program

9 for meeting the objectives of this section.

10 ‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUB11 RECIPIENTS.—

12 ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of

13 funds apportioned under subsection (c)(1)(A) shall

14 conduct, in cooperation with the appropriate metro15 politan planning organization, an areawide solicita16 tion for applications for grants to the recipient and

17 subrecipients under this section.

18 ‘‘(2) STATEWIDE SOLICITATION.—A recipient of

19 funds apportioned under subsection (c)(1)(B) or

20 (c)(1)(C) shall conduct a statewide solicitation for

21 applications for grants to the recipient and sub22 recipients under this section.

23 ‘‘(3) APPLICATION.—Recipients and subrecipi24 ents seeking to receive a grant from funds appor25 tioned under subsection (c) shall submit to the re-
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1 cipient an application in the form and in accordance

2 with such requirements as the recipient shall estab3 lish.

4 ‘‘(4) GRANT AWARDS.—The recipient shall

5 award grants under paragraphs (1) and (2) on a

6 competitive basis.

7 ‘‘(e) TRANSFERS.—

8 ‘‘(1) IN GENERAL.—A State may transfer any

9 funds apportioned to it under subsection (c)(1)(B)

10 or (c)(1)(C), or both, to an apportionment under

11 section 5311(c) or 5336, or both.

12 ‘‘(2) LIMITED TO ELIGIBLE PROJECTS.—Any

13 apportionment transferred under this subsection

14 shall be made available only for eligible job access

15 and reverse commute projects as described in this

16 section.

17 ‘‘(3) CONSULTATION.—A State may make a

18 transfer of an amount under this subsection only

19 after consulting with responsible local officials and

20 publicly owned operators of public transportation in

21 each area for which the amount originally was

22 awarded under subsection (d)(4).

23 ‘‘(f) GRANT REQUIREMENTS.—

24 ‘‘(1) IN GENERAL.—A grant under this section

25 shall be subject to the requirements of section 5307.
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1 ‘‘(2) FAIR AND EQUITABLE DISTRIBUTION.—A

2 recipient of a grant under this section shall certify

3 to the Secretary that allocations of the grant to sub4 recipients are distributed on a fair and equitable

5 basis.

6 ‘‘(g) COORDINATION.—

7 ‘‘(1) IN GENERAL.—The Secretary shall coordi8 nate activities under this section with related activi9 ties under programs of other Federal departments

10 and agencies.

11 ‘‘(2) WITH NONPROFIT PROVIDERS.—A State

12 that transfers funds to an apportionment under sec13 tion 5336 pursuant to subsection (e) shall certify to

14 the Secretary that any project for which the funds

15 are requested under this section has been coordi16 nated with nonprofit providers of services.

17 ‘‘(3) PROJECT SELECTION AND PLANNING.—A

18 recipient of funds under this section shall certify to

19 the Secretary that—

20 ‘‘(A) the projects selected were derived

21 from a locally developed, coordinated public

22 transit-human services transportation plan; and

23 ‘‘(B) the plan was developed through a

24 process that included representatives of public,

25 private, and nonprofit transportation and
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1 human services providers and participation by

2 the public.

3 ‘‘(h) GOVERNMENT’S SHARE OF COSTS.—

4 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital

5 project under this section may not exceed 80 percent

6 of the net capital costs of the project, as determined

7 by the Secretary.

8 ‘‘(2) OPERATING ASSISTANCE.—A grant made

9 under this section for operating assistance may not

10 exceed 50 percent of the net operating costs of the

11 project, as determined by the Secretary.

12 ‘‘(3) REMAINDER.—The remainder of the net

13 project costs—

14 ‘‘(A) may be provided from an undistrib15 uted cash surplus, a replacement or deprecia16 tion cash fund or reserve, a service agreement

17 with a State or local social service agency or a

18 private social service organization, or new cap19 ital; and

20 ‘‘(B) may be derived from amounts appro21 priated to or made available to a department or

22 agency of the Government (other than the De23 partment of Transportation) that are eligible to

24 be expended for transportation.
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1 ‘‘(4) USE OFCERTAIN FUNDS.—For purposes

2 of paragraph (3)(B), the prohibitions on the use of

3 funds for matching requirements under section

4 403(a)(5)(C)(vii) of the Social Security Act (42

5 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal

6 or State funds to be used for transportation pur7 poses.

8 ‘‘(5) LIMITATION ON OPERATING ASSIST9 ANCE.—A recipient carrying out a program of oper10 ating assistance under this section may not limit the

11 level or extent of use of the Government grant for

12 the payment of operating expenses.

13 ‘‘(i) PROGRAM EVALUATION.—

14 ‘‘(1) COMPTROLLER GENERAL.—Beginning 1

15 year after the date of enactment of the Federal Pub16 lic Transportation Act of 2004, and every 2 years

17 thereafter, the Comptroller General shall—

18 ‘‘(A) conduct a study to evaluate the grant

19 program authorized by this section; and

20 ‘‘(B) transmit to the Committee on Trans21 portation and Infrastructure of the House of

22 Representatives and the Committee on Bank23 ing, Housing, and Urban Affairs of the Senate

24 a report describing the results of the study

25 under subparagraph (A).
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1 ‘‘(2) DEPARTMENT OFTRANSPORTATION.—Not

2 later than 3 years after the date of enactment of

3 Federal Public Transportation Act of 2004, the Sec4 retary shall—

5 ‘‘(A) conduct a study to evaluate the effec6 tiveness of the grant program authorized by

7 this section and the effectiveness of recipients

8 making grants to subrecipients under this sec9 tion; and

10 ‘‘(B) transmit to the committees referred

11 to in paragraph (1)(B) a report describing the

12 results of the study under subparagraph (A).’’.

13 (b) CONFORMING AMENDMENT.—The analysis for

14 chapter 53 is amended by inserting after the item relating

15 to section 5315 the following:

‘‘5316. Job access and reverse commute formula grants.’’.

16 (c) REPEAL.—Section 3037 of the Transportation

17 Equity Act for the 21st Century (49 U.S.C. 5309 note;

18 112 Stat. 387) is repealed.

19 SEC. 3018. NEW FREEDOM PROGRAM.

20 (a) IN GENERAL.—Chapter 53 is further amended by

21 inserting after section 5316 the following:

22 ‘‘§ 5317. New Freedom program

23 ‘‘(a) DEFINITIONS.—In this section, the following

24 definitions apply:
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1 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a

2 designated recipient (as defined in section

3 5307(a)(2)) and a State that receives a grant under

4 this section directly.

5 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’

6 means a State or local governmental authority, non7 profit organization, or operator of public transpor8 tation services that receives a grant under this sec9 tion indirectly through a recipient.

10 ‘‘(b) GENERAL AUTHORITY.—

11 ‘‘(1) GRANTS.—The Secretary may make

12 grants under this section to a recipient for new pub13 lic transportation services and public transportation

14 alternatives beyond those required by the Americans

15 with Disabilities Act of 1990 (42 U.S.C. 12101 et

16 seq.) that assist individuals with disabilities with

17 transportation, including transportation to and from

18 jobs and employment support services.

19 ‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient

20 may use not more than 10 percent of the amounts

21 apportioned to the recipient under this section to ad22 minister, plan, and provide technical assistance for

23 a project funded under this section.

24 ‘‘(c) APPORTIONMENTS.—
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1 ‘‘(1) FORMULA.—The Secretary shall apportion

2 amounts made available to carry out this section as

3 follows:

4 ‘‘(A) 60 percent of the funds shall be ap5 portioned among designated recipients (as de6 fined in section 5307(a)(2)) for urbanized areas

7 with a population of 200,000 or more in the

8 ratio that—

9 ‘‘(i) the number of individuals with

10 disabilities in each such urbanized area;

11 bears to

12 ‘‘(ii) the number of individuals with

13 disabilities in all such urbanized areas.

14 ‘‘(B) 20 percent of the funds shall be ap15 portioned among the States in the ratio that—

16 ‘‘(i) the number of individuals with

17 disabilities in urbanized areas with a popu18 lation of less than 200,000 in each State;

19 bears to

20 ‘‘(ii) the number of individuals with

21 disabilities in urbanized areas with a popu22 lation of less than 200,000 in all States.

23 ‘‘(C) 20 percent of the funds shall be ap24 portioned among the States in the ratio that—
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1 ‘‘(i) the number of individuals with

2 disabilities in other than urbanized areas

3 in each State; bears to

4 ‘‘(ii) the number of individuals with

5 disabilities in other than urbanized areas

6 in all States.

7 ‘‘(2) USE OFAPPORTIONED FUNDS.—Except as

8 provided in paragraph (3)—

9 ‘‘(A) funds apportioned under paragraph

10 (1)(A) shall be used for projects serving urban11 ized areas with a population of 200,000 or

12 more;

13 ‘‘(B) funds apportioned under paragraph

14 (1)(B) shall be used for projects serving urban15 ized areas with a population of less than

16 200,000; and

17 ‘‘(C) funds apportioned under paragraph

18 (1)(C) shall be used for projects serving other

19 than urbanized areas.

20 ‘‘(3) LOW DENSITY ADJUSTMENT.—

21 ‘‘(A) SMALLER URBANIZED AREAS.—In

22 administering the apportionment formula under

23 paragraph (1)(B)—

24 ‘‘(i) in the case of a State with a pop25 ulation density of 10 or fewer persons per
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1 square mile in other than urbanized areas

2 of the State, the Secretary shall multiply

3 by a factor of 2 the number of individuals

4 with disabilities in urbanized areas of the

5 State with a population of less than

6 200,000 (as determined using the most re7 cent decennial United States Census); and

8 ‘‘(ii) in the case of a State with a pop9 ulation density of more than 10 but equal

10 to or fewer than 30 persons per square

11 mile, the Secretary shall multiply by a fac12 tor of 1.25 the number of individuals with

13 disabilities in urbanized areas of the State

14 with a population of less than 200,000 (as

15 determined using the most recent decennial

16 United States Census).

17 ‘‘(B) OTHER THAN URBANIZED AREAS.—

18 In administering the apportionment formula

19 under paragraph (1)(C)—

20 ‘‘(i) in the case of a State with a pop21 ulation density of 10 or fewer persons per

22 square mile in other than urbanized areas

23 of the State, the Secretary shall multiply

24 by a factor of 1.5 the number of individ25 uals with disabilities in other than urban-
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1 ized areas of the State (as determined

2 using the most recent decennial United

3 States Census); and

4 ‘‘(ii) in the case of a State with a pop5 ulation density of more than 10 but equal

6 to or fewer than 12 persons per square

7 mile in other than urbanized areas of the

8 State, the Secretary shall multiply by a

9 factor of 1.25 the number of individuals

10 with disabilities in other than urbanized

11 areas of the State (as determined using the

12 most recent decennial United States Cen13 sus).

14 ‘‘(4) TRANSFERS.—

15 ‘‘(A) IN GENERAL.—A State may transfer

16 any funds apportioned to it under paragraph

17 (1)(B) or (1)(C), or both, to an apportionment

18 under section 5311(c) or 5336, or both.

19 ‘‘(B) LIMITED TO ELIGIBLE PROJECTS.—

20 Any funds transferred pursuant to this para21 graph shall be made available only for eligible

22 projects selected under this section.

23 ‘‘(C) CONSULTATION.—A State may make

24 a transfer of an amount under this subsection

25 only after consulting with responsible local offi-
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1 cials and publicly owned operators of public

2 transportation in each area for which the

3 amount originally was awarded under sub4 section (d)(4).

5 ‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUB6 RECIPIENTS.—

7 ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of

8 funds apportioned under subsection (c)(1)(A) shall

9 conduct, in cooperation with the appropriate metro10 politan planning organization, an areawide solicita11 tion for applications for grants to the recipient and

12 subrecipients under this section.

13 ‘‘(2) STATEWIDE SOLICITATION.—A recipient of

14 funds apportioned under subsection (c)(1)(B) or

15 (c)(1)(C) shall conduct a statewide solicitation for

16 applications for grants to the recipient and sub17 recipients under this section.

18 ‘‘(3) APPLICATION.—Recipients and subrecipi19 ents seeking to receive a grant from funds appor20 tioned under subsection (c) shall submit to the re21 cipient an application in the form and in accordance

22 with such requirements as the recipient shall estab23 lish.
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1 ‘‘(4) GRANT AWARDS.—The recipient shall

2 award grants under paragraphs (1) and (2) on a

3 competitive basis.

4 ‘‘(e) GRANT REQUIREMENTS.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), a grant under this section shall be subject

7 to all the requirements of section 5307.

8 ‘‘(2) EMPLOYEE PROTECTIVE ARRANGE9 MENTS.—Section 5333(b) shall apply to grants

10 under this section, except that the Secretary of

11 Labor shall utilize, for urbanized areas with a popu12 lation of less than 200,000 and for other than ur13 banized areas, a special warranty described in sec14 tion 215.7 of title 29, Code of Federal Regulations

15 (as in effect on the date of enactment of the Federal

16 Public Transportation Act of 2004), that provides a

17 fair and equitable arrangement to protect the inter18 est of employees.

19 ‘‘(3) FAIR AND EQUITABLE DISTRIBUTION.—A

20 recipient of a grant under this section shall certify

21 that allocations of the grant to subrecipients are dis22 tributed on a fair and equitable basis.

23 ‘‘(f) COORDINATION.—

24 ‘‘(1) IN GENERAL.—The Secretary shall coordi25 nate activities under this section with related activi-
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1 ties under programs of other Federal departments

2 and agencies.

3 ‘‘(2) WITH NONPROFIT PROVIDERS.—A recipi4 ent that transfers funds to an apportionment under

5 section 5336 pursuant to subsection (c)(2) shall cer6 tify that the project for which the funds are re7 quested under this section has been coordinated with

8 nonprofit providers of services.

9 ‘‘(3) PROJECT SELECTION AND PLANNING.—A

10 recipient of funds under this section shall certify

11 that—

12 ‘‘(A) the projects selected were derived

13 from a locally developed, coordinated public

14 transit-human services transportation plan; and

15 ‘‘(B) the plan was developed through a

16 process that included representatives of public,

17 private, and nonprofit transportation and

18 human services providers and participation by

19 the public.

20 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

21 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital

22 project under this section may not exceed 80 percent

23 of the net capital costs of the project, as determined

24 by the Secretary.
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1 ‘‘(2) OPERATING ASSISTANCE.—A grant made

2 under this section for operating assistance may not

3 exceed 50 percent of the net operating costs of the

4 project, as determined by the Secretary.

5 ‘‘(3) REMAINDER.—The remainder of the net

6 project costs—

7 ‘‘(A) may be provided from an undistrib8 uted cash surplus, a replacement or deprecia9 tion cash fund or reserve, a service agreement

10 with a State or local social service agency or a

11 private social service organization, or new cap12 ital; and

13 ‘‘(B) may be derived from amounts appro14 priated to or made available to a department or

15 agency of the Government (other than the De16 partment of Transportation) that are eligible to

17 be expended for transportation.

18 ‘‘(4) USE OFCERTAIN FUNDS.—For purposes

19 of paragraph (3)(B), the prohibitions on the use of

20 funds for matching requirements under section

21 403(a)(5)(C)(vii) of the Social Security Act (42

22 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal

23 or State funds to be used for transportation pur24 poses.
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1 ‘‘(5) LIMITATION ON OPERATING ASSIST2 ANCE.—A recipient carrying out a program of oper3 ating assistance under this section may not limit the

4 level or extent of use of the Government grant for

5 the payment of operating expenses.’’.

6 (b) CONFORMING AMENDMENT.—The analysis for

7 chapter 53 is amended by inserting after the item relating

8 to section 5316 the following:

‘‘5317. New freedom program.’’.

9 SEC. 3019. BUS TESTING FACILITY.

10 (a) IN GENERAL.—Section 5318 is amended—

11 (1) by striking subsection (a) and inserting the

12 following:

13 ‘‘(a) FACILITY.—The Secretary of Transportation

14 shall maintain one facility for testing a new bus model

15 for maintainability, reliability, safety, performance (in16 cluding braking performance), structural integrity, fuel

17 economy, emissions, and noise.’’;

18 (2) in subsection (d) by striking ‘‘under section

19 5309(m)(1)(C) of this title’’ and inserting ‘‘to carry

20 out this section’’; and

21 (3) by striking subsection (e) and inserting the

22 following:

23 ‘‘(e) ACQUIRING NEW BUS MODELS.—Amounts ap24 propriated or made available under this chapter may be

25 obligated or expended to acquire a new bus model only
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1 if a bus of that model has been tested at the facility main2 tained by the Secretary under subsection (a).’’.

3 (b) CONFORMING AMENDMENT.—Section 5323(c) is

4 repealed.

5 SEC. 3020. BICYCLE FACILITIES.

6 The first sentence of section 5319 is amended—

7 (1) by striking ‘‘5309(h),’’ and inserting

8 ‘‘5309(g),’’; and

9 (2) by striking ‘‘and 5311’’ and inserting

10 ‘‘5311, and 5320’’.

11 SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM.

12 (a) IN GENERAL.—Section 5320 is amended to read

13 as follows:

14 ‘‘§ 5320. Transit in the parks pilot program

15 ‘‘(a) PUBLIC TRANSPORTATION DEFINED.—In this

16 section, the term ‘public transportation’ means general or

17 special transportation to the public by a conveyance that

18 is publicly or privately owned. Such term does not include

19 schoolbus or charter transportation but does include sight20 seeing transportation.

21 ‘‘(b) ESTABLISHMENT.—Not later than 90 days after

22 the date of enactment of the Federal Public Transpor23 tation Act of 2004, the Secretary of Transportation and

24 the Secretary of the Interior shall enter into a memo25 randum of understanding to establish a transit in the
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1 parks pilot program in accordance with the requirements

2 of this section.

3 ‘‘(c) PURPOSE.—The purpose of the pilot program

4 shall be to encourage and promote the development of

5 transportation systems described in section 5301(a) within

6 units of the National Park System to improve visitor mo7 bility and enjoyment (including visitors with disabilities),

8 reduce pollution and congestion, and enhance resource

9 protection through the use of public transportation.

10 ‘‘(d) ADMINISTRATION OF PROGRAM.—The program

11 shall be administered by the Secretary of Transportation,

12 in consultation with the Secretary of the Interior.

13 ‘‘(e) MEMORANDUM OF UNDERSTANDING.—

14 ‘‘(1) PLANNING.—The memorandum of under15 standing under subsection (b) shall include transpor16 tation planning procedures that are consistent with

17 the metropolitan and statewide planning processes

18 required under chapter 52.

19 ‘‘(2) PROGRAMS.—The memorandum of under20 standing shall include descriptions of programs and

21 activities eligible for assistance under the pilot pro22 gram.

23 ‘‘(3) EXCEPTIONS.—The memorandum of un24 derstanding shall limit or modify the applicability of

25 the provisions referred to in subsection (f) to the ex-
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1 tent necessary to carry out the objectives of this sec2 tion and to be compatible with the laws and regula3 tions governing units of the National Park System.

4 ‘‘(f) ELIGIBLE USE OF FUNDS.—Except as provided

5 under subsection (e)(3), the Secretary may provide funds

6 made available to carry out this section to the Secretary

7 of the Interior under interagency agreements for the fol8 lowing purposes:

9 ‘‘(1) PLANNING, ENGINEERING, DESIGN, AND

10 EVALUATION.—Planning, engineering, design, and

11 evaluation of public transportation projects in units

12 of the National Park System, and for technical stud13 ies, in accordance with section 5305(b)(2).

14 ‘‘(2) PUBLIC TRANSPORTATION CAPITAL

15 PROJECTS.—Public transportation capital projects

16 (as defined in section 5302(a)(1)) for such units in

17 accordance with all the terms and conditions to

18 which a grant is made under subsections (a), (b),

19 (c), and (d) of section 5307 and such other terms

20 and conditions as are determined by the Secretary.

21 The Secretary of the Interior shall act as the des22 ignated recipient for the purposes of subsection

23 (a)(2) of section 5307.
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1 ‘‘(3) OPERATING COSTS.—Operating costs of

2 equipment and facilities used in public transpor3 tation for such units.

4 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

5 ‘‘(1) CAPITAL PROJECTS.—The Government

6 share of the cost of any capital project or activity

7 under this section shall be 100 percent of the costs

8 of the project, as determined by the Secretary.

9 ‘‘(2) OPERATING ASSISTANCE.—A grant made

10 under this section for operating assistance may not

11 exceed 50 percent of the net operating costs of the

12 project, as determined by the Secretary.

13 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall

14 be construed as superseding, amending, modifying, or re15 pealing any provision of law applicable to units of the Na16 tional Park System.’’.

17 (b) CONFORMING AMENDMENT.—The analysis for

18 such chapter is further amended by striking the item relat19 ing to section 5320 and inserting the following:

‘‘5320. Transit in the parks pilot program.’’.

20 SEC. 3022. HUMAN RESOURCE PROGRAMS.

21 Section 5322 is amended—

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

23 ‘‘The Secretary’’; and

24 (2) by adding at the end the following:
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1 ‘‘(b) GRANTS TO HIGHER LEARNING INSTITU2 TIONS.—

3 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec4 retary may make grants to nonprofit institutions of

5 higher learning—

6 ‘‘(A) to conduct research and investiga7 tions into the theoretical or practical problems

8 of public transportation; and

9 ‘‘(B) to train individuals to conduct fur10 ther research or obtain employment in an orga11 nization that plans, builds, operates, or man12 ages a public transportation system.

13 ‘‘(2) RESEARCH AND INVESTIGATIONS.—Re14 search and investigations under this subsection

15 include—

16 ‘‘(A) the design and use of public transpor17 tation systems and public roads and highways;

18 ‘‘(B) the interrelationship between various

19 modes of urban, suburban, rural, and intercity

20 transportation;

21 ‘‘(C) the role of transportation planning in

22 overall urban planning;

23 ‘‘(D) public preferences in transportation;

24 ‘‘(E) the economic allocation of transpor25 tation resources; and
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1 ‘‘(F) the legal, financial, engineering, and

2 esthetic aspects of public transportation.

3 ‘‘(3) PREFERENCE.—When making a grant

4 under this subsection, the Secretary shall give pref5 erence to an institution that brings together knowl6 edge and expertise in the various social science and

7 technical disciplines related to public transportation

8 problems.

9 ‘‘(c) FELLOWSHIPS.—

10 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec11 retary may make grants to States, local govern12 mental authorities, and operators of public transpor13 tation systems to provide fellowships to train per14 sonnel employed in managerial, technical, and pro15 fessional positions in the public transportation field.

16 ‘‘(2) TERMS.—

17 ‘‘(A) PERIOD OFTRAINING.—A fellowship

18 under this subsection may be for not more than

19 one year of training in an institution that offers

20 a program applicable to the public transpor21 tation industry.

22 ‘‘(B) SELECTION OFINDIVIDUALS.—The

23 recipient of the grant shall select an individual

24 on the basis of demonstrated ability and for the

25 contribution the individual reasonably can be
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1 expected to make to an efficient public trans2 portation operation.

3 ‘‘(C) AMOUNT.—A grant for a fellowship

4 may not be more than the lesser of $65,000 or

5 75 percent of—

6 ‘‘(i) tuition and other charges to the

7 fellowship recipient;

8 ‘‘(ii) additional costs incurred by the

9 training institution and billed to the grant

10 recipient; and

11 ‘‘(iii) the regular salary of the fellow12 ship recipient for the period of the fellow13 ship to the extent the salary is actually

14 paid or reimbursed by the grant recipi15 ent.’’.

16 SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE.

17 (a) INTERESTS IN PROPERTY.—Section 5323(a)(1) is

18 amended—

19 (1) in the matter preceding subparagraph (A)—

20 (A) by striking ‘‘private mass transpor21 tation company’’ each place it appears and in22 serting ‘‘private company engaged in public

23 transportation’’;

24 (B) by striking ‘‘mass transportation

25 equipment or a mass transportation facility’’
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1 and inserting ‘‘a public transportation facility

2 or equipment’’; and

3 (C) by striking ‘‘mass transportation com4 pany’’ and inserting ‘‘public transportation

5 company’’; and

6 (2) in subparagraph (B) by striking ‘‘private

7 mass transportation companies’’ and inserting ‘‘pri8 vate companies engaged in public transportation’’.

9 (b) NOTICE AND PUBLIC HEARING.—Section

10 5323(b) is amended—

11 (1) in paragraph (1)—

12 (A) by striking ‘‘(1) An application’’ and

13 inserting the following:

14 ‘‘(1) APPLICATIONS.—An application’’;

15 (B) in the matter preceding subparagraph

16 (A) by striking ‘‘or loan’’; and

17 (C) by moving subparagraphs (A) through

18 (D) 2 ems to the right;

19 (2) in paragraph (2) by striking ‘‘(2) Notice of’’

20 and inserting the following:

21 ‘‘(2) NOTICE.—Notice of’’; and

22 (3) by adding at the end the following:

23 ‘‘(3) ENVIRONMENTAL RECORD.—An applicant

24 shall include in the environmental record for a

25 project under this chapter evidence that the appli-
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1 cant has complied with the requirements of subpara2 graphs (A) through (D) of paragraph (1).’’.

3 (c) CONDITION ON CHARTER BUS TRANSPORTATION

4 SERVICE.—Section 5323(d) is amended—

5 (1) by striking ‘‘(1) Financial assistance’’ and

6 inserting the following:

7 ‘‘(1) AGREEMENTS.—Financial assistance’’; and

8 (2) by striking paragraph (2) and inserting the

9 following:

10 ‘‘(2) VIOLATIONS.—

11 ‘‘(A) INVESTIGATIONS.—On receiving a

12 complaint about a violation of the agreement

13 required under paragraph (1), the Secretary

14 shall investigate and decide whether a violation

15 has occurred.

16 ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If

17 the Secretary decides that a violation has oc18 curred, the Secretary shall correct the violation

19 under terms of the agreement.

20 ‘‘(C) ADDITIONAL REMEDIES.—In addition

21 to any remedy specified in the agreement, the

22 Secretary shall bar a recipient or an operator

23 from receiving Federal transit assistance in an

24 amount the Secretary considers appropriate if
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1 the Secretary finds a pattern of violations of

2 the agreement.’’.

3 (d) BOND PROCEEDS ELIGIBLE FOR LOCAL

4 SHARE.—Section 5323(e) is amended to read as follows:

5 ‘‘(e) BOND PROCEEDS ELIGIBLE FOR LOCAL

6 SHARE.—

7 ‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not8 withstanding any other provision of law, a recipient

9 of assistance under section 5307 or 5309 may use

10 the proceeds from the issuance of revenue bonds as

11 part of the local matching funds for a capital

12 project.

13 ‘‘(2) MAINTENANCE OF EFFORT.—The Sec14 retary shall approve of the use of the proceeds from

15 the issuance of revenue bonds for the remainder of

16 the net project cost only if the Secretary finds that

17 the aggregate amount of financial support for public

18 transportation in the urbanized area provided by the

19 State and affected local governmental authorities

20 during the next 3 fiscal years, as programmed in the

21 State transportation improvement program under

22 chapter 52 is not less than the aggregate amount

23 provided by the State and affected local govern24 mental authorities in the urbanized area during the

25 preceding 3 fiscal years.
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1 ‘‘(3) DEBT SERVICE RESERVE.—The Secretary

2 may reimburse an eligible recipient for deposits of

3 bond proceeds in a debt service reserve that recipient

4 established pursuant to section 5302(a)(1)(K) from

5 amounts made available to the recipient under sec6 tion 5307 or 5309, or both; except that such reim7 bursement in a fiscal year may not exceed 10 per8 cent of the amounts made available to the recipient

9 under section 5307 in such fiscal year.’’.

10 (e) SCHOOLBUS TRANSPORTATION.—Section 5323(f)

11 is amended—

12 (1) by striking ‘‘(1) Financial assistance’’ and

13 inserting the following:

14 ‘‘(1) AGREEMENTS.—Financial assistance’’;

15 (2) in paragraph (1) by moving subparagraphs

16 (A), (B), and (C) 2 ems to the right; and

17 (3) by striking paragraph (2) and inserting the

18 following:

19 ‘‘(2) VIOLATIONS.—If the Secretary finds that

20 an applicant, governmental authority, or publicly

21 owned operator has violated the agreement required

22 under paragraph (1), the Secretary shall bar a re23 cipient or an operator from receiving Federal transit

24 assistance in an amount the Secretary considers ap25 propriate.’’.
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1 (f) BUYING BUSES UNDER OTHER LAWS.—Section

2 5323(g) is amended by striking ‘‘103(e)(4)’’ each place

3 it appears and inserting ‘‘133’’.

4 (g) BUY AMERICA.—

5 (1) IN GENERAL.—Section 5323(j) is amended

6 by striking paragraphs (1), (2), and (3) and insert7 ing the following:

8 ‘‘(1) IN GENERAL.—Funds made available to

9 carry out this chapter may only be used if—

10 ‘‘(A) in the case of a construction

11 project—

12 ‘‘(i) the steel or iron used shall be of

13 United States origin;

14 ‘‘(ii) more than 60 percent of the cost

15 of the components and subcomponents, in

16 the aggregate, of all manufactured prod17 ucts shall be of United States origin; and

18 ‘‘(iii) labor costs related to on-site

19 construction shall not be included in calcu20 lating the costs under clause (ii);

21 ‘‘(B) in the case of a system acquisition—

22 ‘‘(i) more than 60 percent of the cost

23 of the components and subcomponents, in

24 the aggregate, of all manufactured prod25 ucts shall be of United States origin; and
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1 ‘‘(ii) labor costs related to installation

2 and testing shall not be included in calcu3 lating the costs under clause (i);

4 ‘‘(C) in the case of a manufactured

5 product—

6 ‘‘(i) more than 60 percent of the com7 ponents and subcomponents shall be of

8 United States origin;

9 ‘‘(ii) final assembly shall occur in the

10 United States; and

11 ‘‘(iii) labor costs related to final as12 sembly shall not be included in calculating

13 the costs under clause (ii).

14 ‘‘(2) REGULATIONS.—The Secretary shall issue

15 regulations to carry out this section.’’.

16 (2) PUBLIC INTEREST WAIVER.—Section

17 5323(j) is amended by inserting after paragraph (2)

18 the following:

19 ‘‘(3) WRITTEN JUSTIFICATION FOR PUBLIC IN20 TEREST WAIVER.—When issuing a waiver based on

21 a public interest determination under paragraph

22 (2)(A), the Secretary shall issue a detailed written

23 justification as to why the waiver is in the public in24 terest. The Secretary shall publish such justification

25 in the Federal Register and provide the public with
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1 a reasonable period of time for notice and com2 ment.’’.

3 (3) INELIGIBILITY FOR CONTRACTS.—Section

4 5323(j)(5) is amended by striking ‘‘Intermodal Sur5 face Transportation Efficiency Act of 1991 (Public

6 Law 102–240, 105 Stat. 1914)’’ and inserting

7 ‘‘Federal Public Transportation Act of 2004’’.

8 (4) ADMINISTRATIVE REVIEW.—Section 5323(j)

9 is amended by adding at the end the following:

10 ‘‘(8) ADMINISTRATIVE REVIEW.—A party ad11 versely affected by an agency action under this sub12 section shall have the right to seek review under sec13 tion 702 of title 5, United States Code.’’.

14 (5) REPEAL OFGENERAL WAIVER.—Sub15 sections (b), (c), and (d) of Appendix A of section

16 661.7 of title 49, Code of Federal Regulations, shall

17 cease to be in effect beginning on the date of enact18 ment of this Act.

19 (h) RELATIONSHIP TO OTHER LAWS.—Section

20 5323(l) is amended to read as follows:

21 ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001

22 of title 18 applies to a certificate, submission, or statement

23 provided under this chapter. The Secretary may terminate

24 financial assistance under this chapter and seek reim25 bursement directly, or by offsetting amounts, available
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1 under this chapter, when a false or fraudulent statement

2 or related act within the meaning of section 1001 is made

3 in connection with a Federal transit program.’’.

4 (i) GRANT REQUIREMENTS.—Section 5323(o) is

5 amended by striking ‘‘the Transportation Infrastructure

6 Finance and Innovation Act of 1998’’ and inserting

7 ‘‘chapter 6 (other than section 609) of title 23’’.

8 SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.

9 (a) IN GENERAL.—Section 5324 is amended to read

10 as follows:

11 ‘‘§ 5324. Special provisions for capital projects

12 ‘‘(a) RELOCATION PROGRAM REQUIREMENTS.—Fi13 nancial assistance may be provided under section 5309

14 only if the Secretary decides that—

15 ‘‘(1) an adequate relocation program is being

16 carried out for families displaced by a project; and

17 ‘‘(2) an equal number of decent, safe, and sani18 tary dwellings are being, or will be, provided to those

19 families in the same area or in another area gen20 erally not less desirable for public utilities and public

21 and commercial facilities, at rents or prices within

22 the financial means of those families, and with rea23 sonable access to their places of employment.

24 ‘‘(b) CONSIDERATION OF ECONOMIC, SOCIAL, AND

25 ENVIRONMENTAL INTERESTS.—
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1 ‘‘(1) COOPERATION AND CONSULTATION.—In

2 carrying out the policy of section 5301(e), the Sec3 retary shall cooperate and consult with the Secre4 taries of the Interior, Health and Human Services,

5 and Housing and Urban Development and the Ad6 ministrator of the Environmental Protection Agency

7 on each project that may have a substantial impact

8 on the environment.

9 ‘‘(2) PUBLIC PARTICIPATION IN ENVIRON10 MENTAL REVIEWS.—In performing environmental

11 reviews, the Secretary shall review each transcript of

12 a hearing submitted under section 5323(b) to estab13 lish that an adequate opportunity to present views

14 was given to all parties having a significant eco15 nomic, social, or environmental interest in the

16 project, and that the project application includes a

17 record of—

18 ‘‘(A) the environmental impact of the pro19 posal;

20 ‘‘(B) adverse environmental effects that

21 cannot be avoided;

22 ‘‘(C) alternatives to the proposal; and

23 ‘‘(D) irreversible and irretrievable impacts

24 on the environment.
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1 ‘‘(3) APPROVAL OFAPPLICATIONS FOR ASSIST2 ANCE.—

3 ‘‘(A) FINDINGS BY THE SECRETARY.—The

4 Secretary may approve an application for finan5 cial assistance for a capital project in accord6 ance with this chapter only if the Secretary

7 makes written findings, after reviewing the ap8 plication and the transcript of any hearing held

9 before a State or local governmental authority

10 under section 5323(b), that—

11 ‘‘(i) an adequate opportunity to

12 present views was given to all parties hav13 ing a significant economic, social, or envi14 ronmental interest;

15 ‘‘(ii) the preservation and enhance16 ment of the environment and the interest

17 of the community in which the project is

18 located were considered; and

19 ‘‘(iii) no adverse environmental effect

20 is likely to result from the project, or no

21 feasible and prudent alternative to the ef22 fect exists and all reasonable steps have

23 been taken to minimize the effect.

24 ‘‘(B) HEARING.—If a hearing has not been

25 conducted or the Secretary decides that the
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1 record of the hearing is inadequate for making

2 the findings required by this subsection, the

3 Secretary shall conduct a hearing on an envi4 ronmental issue raised by the application after

5 giving adequate notice to interested persons.

6 ‘‘(C) AVAILABILITY OFFINDINGS.—The

7 Secretary’s findings under subparagraph (A)

8 shall be made a matter of public record.’’.

9 (b) CONFORMING AMENDMENT.—The analysis for

10 chapter 53 is amended by striking the item relating to

11 section 5324 and inserting the following:

‘‘5324. Special provisions for capital projects.’’.

12 SEC. 3025. CONTRACT REQUIREMENTS.

13 (a) IN GENERAL.—Section 5325 is amended—

14 (1) by striking subsections (a) and (b) and in15 serting the following:

16 ‘‘(a) COMPETITION.—Recipients of Federal assist17 ance under this chapter shall conduct all procurement

18 transactions involving such assistance in a manner pro19 viding full and open competition, as determined by the

20 Secretary.

21 ‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN

22 CONTRACTS.—

23 ‘‘(1) PROCEDURES FOR AWARDING CON24 TRACT.—A contract or requirement for program

25 management, architectural engineering, construction
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1 management, a feasibility study, and preliminary en2 gineering, design, architectural, engineering, sur3 veying, mapping, or related services for a project for

4 which Federal assistance is provided under this

5 chapter shall be awarded in the same way as a con6 tract for architectural and engineering services is ne7 gotiated under chapter 11 of title 40 or an equiva8 lent qualifications-based requirement of a State.

9 ‘‘(2) EFFECT OF STATE LAWS.—This sub10 section does not apply to the extent a State has

11 adopted, before the date of enactment of the Federal

12 Public Transportation Act of 2004, by law a formal

13 procedure for procuring those services.

14 ‘‘(3) ADMINISTRATION OFCONTRACTS.—When

15 awarding such contracts, recipients of assistance

16 under this chapter shall maximize efficiencies of ad17 ministration by accepting nondisputed audits con18 ducted by other governmental agencies as follows:

19 ‘‘(A) PERFORMANCE OF AUDITS.—Any

20 contract or subcontract awarded under this

21 chapter shall be performed and audited in com22 pliance with cost principles contained in the

23 Federal Acquisition Regulation (part 31 of title

24 48, Code of Federal Regulations).
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1 ‘‘(B) INDIRECT COST RATES.—Instead of

2 performing its own audits, a recipient of funds

3 under a contract or subcontract awarded under

4 this chapter shall accept indirect cost rates es5 tablished in accordance with the Federal Acqui6 sition Regulation for one-year applicable ac7 counting periods by a cognizant Federal or

8 State government agency, if such rates are not

9 currently under dispute.

10 ‘‘(C) APPLICATION OFRATES.—Once a

11 firm’s indirect cost rates are accepted under

12 this paragraph, the recipient of the funds shall

13 apply such rates for the purposes of contract

14 estimation, negotiation, administration, report15 ing, and contract payment and shall not be lim16 ited by administrative or de facto ceilings.

17 ‘‘(D) PRENOTIFICATION; CONFIDEN18 TIALITY OFDATA.—A recipient of funds re19 questing or using the cost and rate data de20 scribed in paragraph (3) shall notify any af21 fected firm before such request or use. Such

22 data shall be confidential and shall not be ac23 cessible or provided, in whole or in part, to an24 other firm or to any government agency that is

25 not part of the group of agencies sharing cost
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1 data under this paragraph, except by written

2 permission of the audited firm. If prohibited by

3 law, such cost and rate data shall not be dis4 closed under any circumstances.’’; and

5 (2) by adding at the end the following:

6 ‘‘(d) DESIGN-BUILD SYSTEM PROJECTS.—

7 ‘‘(1) DEFINITION.—In this section, the term

8 ‘design-build system project’ means a project under

9 which a recipient enters into a contract with a seller,

10 firm, or consortium of firms to design and build a

11 public transportation system or an operable segment

12 thereof that meets specific performance criteria.

13 Such project may also include an option to finance,

14 or operate for a period of time, the system or seg15 ment or any combination of designing, building, op16 erating, or maintaining such system or segment.

17 ‘‘(2) FINANCIAL ASSISTANCE.—Government fi18 nancial assistance under this chapter may be made

19 available for the capital costs of a design-build sys20 tem project after the recipient complies with Govern21 ment requirements.

22 ‘‘(e) MULTIYEAR ROLLING STOCK.—

23 ‘‘(1) CONTRACTS.—A recipient procuring roll24 ing stock with Government financial assistance

25 under this chapter may make a multiyear contract
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1 to buy the rolling stock and replacement parts under

2 which the recipient has an option to buy additional

3 rolling stock or replacement parts for not more than

4 5 years after the date of the original contract.

5 ‘‘(2) COOPERATION AMONG RECIPIENTS.—The

6 Secretary shall allow at least 2 recipients to act on

7 a cooperative basis to procure rolling stock in com8 pliance with this subsection and other Government

9 procurement requirements.

10 ‘‘(f) ACQUIRING ROLLING STOCK.—A recipient of fi11 nancial assistance under this chapter may enter into a

12 contract to expend that assistance to acquire rolling

13 stock—

14 ‘‘(1) based on—

15 ‘‘(A) initial capital costs; or

16 ‘‘(B) performance, standardization, life

17 cycle costs, and other factors; or

18 ‘‘(2) with a party selected through a competi19 tive procurement process.

20 ‘‘(g) EXAMINATION OFTHE RECORDS.—Upon re21 quest, the Secretary, the Comptroller General, or a rep22 resentative of the Secretary or the Comptroller General

23 shall have access to and the right to examine and inspect

24 all records, documents, papers, including contracts, re-
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1 lated to a project for which a grant is made under this

2 chapter.

3 ‘‘(h) GRANT PROHIBITIONS.—A grant may not be

4 used to support a procurement that uses an exclusionary

5 or discriminatory specification.’’.

6 (b) CONFORMING AMENDMENTS.—Section 5326, and

7 the item relating to section 5326 in the analysis for chap8 ter 53, are repealed.

9 SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND RE10 VIEW.

11 (a) PROJECT MANAGEMENT PLAN REQUIRE12 MENTS.—Section 5327(a) is amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (11);

15 (2) by striking the period at the end of para16 graph (12) and inserting ‘‘; and’’; and

17 (3) by adding at the end the following:

18 ‘‘(13) safety and security management.’’.

19 (b) LIMITATIONS.—Section 5327(c) is amended to

20 read as follows:

21 ‘‘(c) LIMITATIONS.—

22 ‘‘(1) LIMITATIONS ON USE OFAVAILABLE

23 AMOUNTS.—The Secretary may use not more than

24 .5 percent of amounts made available for a fiscal

25 year to carry out section 5311, not more than .75
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1 percent of amounts made available for a fiscal year

2 to carry out section 5307, and not more than 1 per3 cent of amounts made available for a fiscal year to

4 carry out section 5309 to make contracts for the fol5 lowing activities:

6 ‘‘(A) To oversee the construction of a

7 major project.

8 ‘‘(B) To review and audit the safety and

9 security, procurement, management, and finan10 cial compliance of a recipient or subrecipient of

11 funds under sections 5307, 5309, and 5311.

12 ‘‘(C) To provide technical assistance to

13 correct deficiencies identified in compliance re14 views and audits carried out under this section.

15 ‘‘(2) LIMITATIONS ON APPLICABILITY.—Sub16 sections (a), (b), and (e) do not apply to contracts

17 under this section for activities described in para18 graphs (1)(B) and (1)(C).

19 ‘‘(3) GOVERNMENT’S SHARE OFCOSTS.—The

20 Government shall pay the entire cost of carrying out

21 a contract under this subsection.’’.

22 SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS.

23 (a) IN GENERAL.—Section 5329 is amended to read

24 as follows:
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1 ‘‘§ 5329. Investigation of safety and hazards

2 ‘‘(a) IN GENERAL.—The Secretary may investigate

3 safety and security risks associated with a condition in

4 equipment, a facility, or an operation financed under this

5 chapter that the Secretary believes causes a serious hazard

6 of death or injury to establish the nature and extent of

7 the condition and how to eliminate, mitigate, or correct

8 it.

9 ‘‘(b) PLANS FOR ELIMINATING, MITIGATING, OR

10 CORRECTING HAZARDS.—If the Secretary establishes that

11 a condition causes a hazard, the Secretary shall require

12 the local governmental authority receiving amounts under

13 this chapter to submit a plan for eliminating, mitigating,

14 or correcting it.

15 ‘‘(c) WITHHOLDING FINANCIAL ASSISTANCE.—Fi16 nancial assistance under this chapter, in an amount to be

17 determined by the Secretary, may be withheld until a plan

18 is approved and carried out.’’.

19 (b) CONFORMING AMENDMENT.—The analysis for

20 chapter 53 is amended by striking the item relating to

21 section 5329 and inserting the following:

‘‘5329. Investigation of safety and hazards.’’.

22 SEC. 3028. STATE SAFETY OVERSIGHT.

23 (a) IN GENERAL.—Section 5330 is amended—
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1 (1) by striking the section heading and all that

2 follows through subsection (a) and inserting the fol3 lowing:

4 ‘‘§ 5330. State safety oversight

5 ‘‘(a) APPLICATION.—This section applies only to—

6 ‘‘(1) States that have rail fixed guideway public

7 transportation systems not subject to regulation by

8 the Federal Railroad Administration; and

9 ‘‘(2) States that are designing rail fixed guide10 way public transportation systems that will not be

11 subject to regulation by the Federal Railroad Ad12 ministration.’’;

13 (2) in subsection (d) by inserting ‘‘shall ensure

14 uniform safety standards and enforcement and’’

15 after ‘‘affected States’’; and

16 (3) by striking subsection (f).

17 (b) CONFORMING AMENDMENT.—The analysis for

18 chapter 53 is amended by striking the item relating to

19 section 5330 and inserting the following:

‘‘5330. State safety oversight.’’.

20 SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MIS21 USE TESTING.

22 (a) DEFINITIONS.—Section 5331(a)(3) is amended

23 by striking the period at the end and inserting the fol24 lowing: ‘‘or section 2303a, 7101(i), or 7302(e) of title 46.

25 The Secretary may also decide that a form of public trans-
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1 portation is covered adequately, for employee alcohol and

2 controlled substances testing purposes, under the alcohol

3 and controlled substance statutes or regulations of an

4 agency within the Department of Transportation or the

5 Coast Guard.’’.

6 (b) TECHNICAL CORRECTIONS.—Subsections (b)(1)

7 and (g) of section 5331 are each amended by striking ‘‘or

8 section 103(e)(4) of title 23’’.

9 (c) REGULATIONS.—Section 5331(f) is amended by

10 striking paragraph (3).

11 SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS.

12 Section 5333(b)(1) is amended by striking ‘‘5318(d),

13 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)’’

14 each place it appears and inserting ‘‘5316, 5317, 5318,

15 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337,

16 5338(b), 5338(g), and 5338(h)’’.

17 SEC. 3031. ADMINISTRATIVE PROCEDURES.

18 Section 5334 is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘and’’ at the end of para21 graph (9);

22 (B) by striking the period at the end of

23 paragraph (10) and inserting ‘‘; and’’; and

24 (C) by adding at the end the following:
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1 ‘‘(11) issue regulations as necessary to carry

2 out the purposes of this chapter.’’;

3 (2) by striking subsection (i);

4 (3) by redesignating subsections (b) through (h)

5 as subsections (c) through (i), respectively;

6 (4) by inserting after subsection (a) the fol7 lowing:

8 ‘‘(b) PROHIBITIONS AGAINST REGULATING OPER9 ATIONS AND CHARGES.—

10 ‘‘(1) IN GENERAL.—Except for purposes of na11 tional defense or in the event of a national or re12 gional emergency, the Secretary may not regulate

13 the operation, routes, or schedules of a public trans14 portation system for which a grant is made under

15 this chapter, nor may the Secretary regulate the

16 rates, fares, tolls, rentals, or other charges pre17 scribed by any provider of public transportation.

18 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC19 TION.—Nothing in this subsection shall be construed

20 to prevent the Secretary from requiring a recipient

21 of funds under this chapter to comply with the

22 terms and conditions of its Federal assistance agree23 ment.’’;

24 (5) in subsection (c)(4) (as redesignated by

25 paragraph (3) of this section)—
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1 (A) by striking ‘‘subsections (h) and (i)’’

2 and inserting ‘‘subsection (i)’’; and

3 (B) by striking ‘‘5323(c), 5323(e),

4 5324(c),’’; and

5 (6) by adding at the end of subsection (c) (as

6 redesignated by paragraph (3) of this section) the

7 following:

8 ‘‘(5) NONREGULATORY SUBSTANTIVE POLICY

9 STATEMENTS.—The Secretary shall provide notice

10 and an opportunity for public comment at least 60

11 days before issuing any nonregulatory substantive

12 policy statements (regardless of the form of

13 issuance), including guidance, policy statements, and

14 regulatory interpretations.’’.

15 SEC. 3032. NATIONAL TRANSIT DATABASE.

16 (a) IN GENERAL.—Section 5335 is amended—

17 (1) by striking the section heading and insert18 ing the following:

19 ‘‘§ 5335. National transit database’’;

20 (2) by striking subsection (b); and

21 (3) in subsection (a)—

22 (A) by striking ‘‘(1) To help’’ and insert23 ing ‘‘To help’’; and
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1 (B) by striking ‘‘(2) The Secretary’’ and

2 inserting ‘‘(b) REPORTING AND UNIFORM SYS3 TEMS.—The Secretary’’.

4 (b) CONFORMING AMENDMENT.—The analysis for

5 chapter 53 is amended by striking the item relating to

6 section 5335 and inserting the following:

‘‘5335. National transit database.’’.

7 SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY

8 FACTORS.

9 (a) DISTRIBUTION.—Section 5337 is amended—

10 (1) by striking the section designation and all

11 that follows before paragraph (1) of subsection (a)

12 and inserting the following:

13 ‘‘§ 5337. Apportionment based on fixed guideway fac14 tors

15 ‘‘(a) DISTRIBUTION.—The Secretary shall apportion

16 amounts made available for fixed guideway modernization

17 under sections 5338(b) and 5338(g) as follows:’’;

18 (2) in subsection (a) by striking ‘‘(e)(1)’’ each

19 place it appears and inserting ‘‘(e)’’; and

20 (3) in subsection (a) by striking ‘‘(e)(2)’’ each

21 place it appears and inserting ‘‘(e)’’.

22 (b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR23 TIONMENT FORMULAS.—Section 5337(e) is amended by

24 striking paragraph (1) and all that follows through ‘‘(2)

25 OTHER STANDARDS.—’’.
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1 (c) CONFORMING AMENDMENT.—The item relating

2 to section 5337 in the table of sections for chapter 53 is

3 amended to read as follows:

‘‘5337. Apportionment based on fixed guideway factors.’’.

4 SEC. 3034. AUTHORIZATIONS.

5 Section 5338 is amended to read as follows:

6 ‘‘§ 5338. Authorizations

7 ‘‘(a) FORMULA GRANTS.—

8 ‘‘(1) FISCAL YEAR 2004.—

9 ‘‘(A) FROM TRUST FUND.—There shall be

10 available from the Mass Transit Account of the

11 Highway Trust Fund to carry out sections

12 5307, 5308, 5310, 5311, 5316, 5317, 5318,

13 and 5320 of this chapter, 1118(b) of the Trans14 portation Equity Act: A Legacy for Users (re15 lating to the nonmotorized transportation pilot

16 program), and section 3038 of the Transpor17 tation Equity Act for the 21st Century (49

18 U.S.C. 5310 note; 112 Stat. 392–393)

19 $3,132,304,000 for fiscal year 2004.

20 ‘‘(B) FROM GENERAL FUND.—In addition

21 to amounts made available under subparagraph

22 (A), there are authorized to be appropriated to

23 carry out sections 5307, 5308, 5310, 5311,

24 5316, 5317, and 5318 of this chapter, 1118(b)

25 of the Transportation Equity Act: A Legacy for
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1 Users (relating to the nonmotorized transpor2 tation pilot program), and section 3038 of the

3 Transportation Equity Act for the 21st Century

4 (49 U.S.C. 5310 note; 112 Stat. 392–393)

5 $783,076,000 for fiscal year 2004.

6 ‘‘(C) ALLOCATION OFFUNDS.—Of the ag7 gregate of amounts made available by and ap8 propriated under this paragraph for a fiscal

9 year—

10 ‘‘(i) $4,849,950 shall be available to

11 the Alaska Railroad for improvements to

12 its passenger operations under section

13 5307;

14 ‘‘(ii) $125,000,000 shall be available

15 to provide job access and reverse commute

16 formula grants under section 5316;

17 ‘‘(iii) $50,000,000 shall be available

18 to carry out the New Freedom program

19 under section 5317;

20 ‘‘(iv) $50,000,000 shall be available to

21 provide clean fuels formula grants under

22 section 5308;

23 ‘‘(v) $8,000,000 shall be available to

24 carry out the transit in the parks pilot pro25 gram under section 5320;
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1 ‘‘(vi) $4,000,000 shall be available to

2 carry out the nonmotorized transportation

3 pilot program under section 1118(b) of the

4 Transportation Equity Act: A Legacy for

5 Users;

6 ‘‘(vii) $8,000,000 shall be available to

7 provide over-the-road bus accessibility

8 grants under section 3038 of the Trans9 portation Equity Act for the 21st Century

10 (49 U.S.C. 5310 note);

11 ‘‘(viii) $3,100,000 shall be available to

12 carry out bus testing under section 5318;

13 ‘‘(ix) $91,560,751 shall be available to

14 provide transportation services to elderly

15 individuals and individuals with disabilities

16 under section 5310;

17 ‘‘(x) $292,994,404 shall be available

18 to provide financial assistance for other

19 than urbanized areas under section 5311;

20 and

21 ‘‘(xi) $3,277,874,895 shall be avail22 able to provide financial assistance for ur23 banized areas under section 5307, subject

24 to section 3041(h) of the Federal Public

25 Transportation Act of 2004.
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1 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

2 ‘‘(A) FROM TRUST FUND.—There shall be

3 available from the Mass Transit Account of the

4 Highway Trust Fund to carry out sections

5 5307, 5308, 5310, 5311, 5316, 5317, 5318,

6 and 5320 of this chapter, section 3038 of the

7 Transportation Equity Act for the 21st Century

8 (49 U.S.C. 5310 note; 112 Stat. 392–393), and

9 section 1118(b) of the Transportation Equity

10 Act: A Legacy for Users (relating to the non11 motorized transportation pilot program)—

12 ‘‘(i) $4,181,125,000 for fiscal year

13 2005;

14 ‘‘(ii) $4,464,295,000 for fiscal year

15 2006;

16 ‘‘(iii) $4,766,420,000 for fiscal year

17 2007;

18 ‘‘(iv) $5,089,172,500 for fiscal year

19 2008; and

20 ‘‘(v) $5,433,667,500 for fiscal year

21 2009.

22 ‘‘(B) ALLOCATION OF FUNDS FOR BUS

23 TESTING AND OVER-THE-ROAD BUS ACCESSI24 BILITY.—Of the aggregate of amounts made

25 available by this paragraph for a fiscal year—
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1 ‘‘(i) $3,100,000 shall be available to

2 carry out section 5318; and

3 ‘‘(ii) $8,000,000 shall be available to

4 carry out section 3038 of the Transpor5 tation Equity Act for the 21st Century (49

6 U.S.C. 5310 note).

7 ‘‘(C) ALLOCATION OF FUNDS FOR CLEAN

8 FUELS FORMULA GRANT PROGRAM.—Of the ag9 gregate of amounts made available by this para10 graph, $75,000,000 for fiscal year 2005 and

11 $100,000,000 for each of fiscal years 2006,

12 2007, 2008, and 2009 shall be available to

13 carry out section 5308.

14 ‘‘(D) ALLOCATION OF FUNDS FOR JOB AC15 CESS AND REVERSE COMMUTE FORMULA GRANT

16 PROGRAM.—Of the aggregate of amounts made

17 available by this paragraph, $150,000,000 for

18 fiscal year 2005, $175,000,000 for fiscal year

19 2006, $200,000,000 for fiscal year 2007,

20 $200,000,000 for fiscal year 2008, and

21 $200,000,000 for fiscal year 2009 shall be

22 available to carry out section 5316.

23 ‘‘(E) ALLOCATION OF FUNDS FOR NEW

24 FREEDOM PROGRAM.—Of the aggregate of

25 amounts made available by this paragraph,
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1 $95,000,000 for fiscal year 2005, $100,000,000

2 for fiscal year 2006, $105,000,000 for fiscal

3 year 2007, $115,000,000 for fiscal year 2008,

4 and $125,000,000 for fiscal year 2009 shall be

5 available to carry out section 5317.

6 ‘‘(F) ALLOCATION OF FUNDS FOR TRANSIT

7 IN THE PARKS PILOT PROGRAM.—Of the aggre8 gate of amounts made available by this para9 graph, $8,000,000 for fiscal year 2005,

10 $16,000,000 for fiscal year 2006, $16,000,000

11 for fiscal year 2007, $16,000,000 for fiscal year

12 2008, and $16,000,000 for fiscal year 2009

13 shall be available to carry out section 5320.

14 ‘‘(G) ALLOCATION OF FUNDS FOR NON15 MOTORIZED TRANSPORTATION PILOT PRO16 GRAM.—Of the aggregate of amounts made

17 available by this paragraph, $4,000,000 for fis18 cal year 2005, $4,000,000 for fiscal year 2006,

19 $4,000,000 for fiscal year 2007, $8,000,000 for

20 fiscal year 2008, and $8,000,000 for fiscal year

21 2009 shall be available to carry out section

22 1118(b) of the Transportation Equity Act: A

23 Legacy for Users (relating to the nonmotorized

24 transportation pilot program).
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1 ‘‘(H) ALLOCATION OF FUNDS FOR THE

2 ALASKA RAILROAD.—Of the aggregate of

3 amounts made available by this paragraph,

4 $10,000,000 for fiscal year 2005, $11,000,000

5 for fiscal year 2006, $12,000,000 for fiscal year

6 2007, $13,000,000 for fiscal year 2008, and

7 $14,000,000 for fiscal year 2009 shall be avail8 able to the Alaska Railroad for improvements to

9 its passenger operations under section 5307.

10 ‘‘(I) REMAINDER.—Of the remainder of

11 the aggregate amounts made available by this

12 paragraph for a fiscal year after the allocations

13 under subparagraphs (B) through (H) for such

14 fiscal year—

15 ‘‘(i) 2.5 percent shall be available to

16 provide transportation services to elderly

17 individuals and individuals with disabilities

18 under section 5310;

19 ‘‘(ii) 8.0 percent shall be available to

20 provide financial assistance for other than

21 urbanized areas under section 5311; and

22 ‘‘(iii) 89.5 percent shall be available to

23 provide financial assistance for urbanized

24 areas under section 5307, subject to sec-
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1 tion 3041(h) of the Federal Public Trans2 portation Act of 2004.

3 ‘‘(b) CAPITAL PROGRAM GRANTS IN FISCAL YEAR

4 2004.—

5 ‘‘(1) FROM TRUST FUND.—There shall be avail6 able from the Mass Transit Account of the Highway

7 Trust Fund to carry out section 5309,

8 $2,499,504,000 for fiscal year 2004.

9 ‘‘(2) FROM GENERAL FUND.—In addition to

10 amounts made available by paragraph (1), there is

11 authorized to be appropriated to carry out section

12 5309, $624,876,200 for fiscal year 2004.

13 ‘‘(c) PLANNING.—

14 ‘‘(1) FISCAL YEAR 2004.—

15 ‘‘(A) FROM TRUST FUND.—There shall be

16 available from the Mass Transit Account of the

17 Highway Trust Fund to carry out sections

18 5303, 5304, and 5305, $72,660,000 for fiscal

19 year 2004.

20 ‘‘(B) FROM GENERAL FUND.—In addition

21 to amounts made available by subparagraph

22 (A), there is authorized to be appropriated to

23 carry out sections 5303, 5304, and 5305,

24 $18,165,000 for fiscal year 2004.

25 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—
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1 ‘‘(A) FROM THE TRUST FUND.—There

2 shall be available from the Mass Transit Ac3 count of the Highway Trust Fund to carry out

4 sections 5303, 5304, and 5305—

5 ‘‘(i) $96,875,000 for fiscal year 2005;

6 ‘‘(ii) $103,325,000 for fiscal year

7 2006;

8 ‘‘(iii) $110,200,000 for fiscal year

9 2007;

10 ‘‘(iv) $117,537,500 for fiscal year

11 2008; and

12 ‘‘(v) $125,362,500 for fiscal year

13 2009.

14 ‘‘(B) ALLOCATION OFFUNDS.—Of the

15 funds made available by this paragraph for a

16 fiscal year—

17 ‘‘(i) 82.72 percent shall be available

18 for metropolitan planning under sections

19 5303, 5304, and 5305 (other than

20 5305(e)); and

21 ‘‘(ii) 17.28 percent shall be available

22 for State planning under section 5305(e).

23 ‘‘(d) RESEARCH.—

24 ‘‘(1) FISCAL YEAR 2004.—
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1 ‘‘(A) FROM TRUST FUND.—There shall be

2 available from the Mass Transit Account of the

3 Highway Trust Fund to carry out sections

4 5311(b), 5312, 5313, 5314, 5315, 5322, and

5 5335, $41,888,000 for fiscal year 2004.

6 ‘‘(B) FROM GENERAL FUND.—In addition

7 to amounts made available by subparagraph

8 (A), there is authorized to be appropriated to

9 carry out sections 5311(b), 5312, 5313, 5314,

10 5315, 5322, and 5335, $10,472,000 for fiscal

11 year 2004.

12 ‘‘(C) ALLOCATION OFFUNDS.—Of the

13 funds made available by or appropriated pursu14 ant to this paragraph for fiscal year 2004—

15 ‘‘(i) not less than $4,500,000 shall be

16 available to carry out programs under the

17 National Transit Institute under section

18 5315;

19 ‘‘(ii) not less than $3,500,000 shall be

20 available to carry out section 5335;

21 ‘‘(iii) not less than $3,500,000 shall

22 be available to carry out section

23 5314(a)(2); and

24 ‘‘(iv) not less than $8,860,000 shall

25 be available to carry out section 5313(a).
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1 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

2 ‘‘(A) FROM THE GENERAL FUND.—There

3 is authorized to be appropriated to carry out

4 sections 5312, 5313, 5314, 5315, 5322, and

5 5335—

6 ‘‘(i) $54,500,000 for fiscal year 2005;

7 ‘‘(ii) $57,000,000 for fiscal year 2006;

8 ‘‘(iii) $59,500,000 for fiscal year

9 2007;

10 ‘‘(iv) $62,000,000 for fiscal year

11 2008; and

12 ‘‘(v) $64,500,000 for fiscal year 2009.

13 ‘‘(B) ALLOCATION OFFUNDS.—Of the

14 funds appropriated pursuant to this paragraph

15 for a fiscal year—

16 ‘‘(i) not less than $4,500,000 shall be

17 available to carry out programs under the

18 National Transit Institute under section

19 5315;

20 ‘‘(ii) not less than $3,500,000 shall be

21 available to carry out section 5335; and

22 ‘‘(iii) not less than $3,500,000 shall

23 be available to carry out section

24 5314(a)(2).
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1 ‘‘(C) TRANSIT COOPERATIVE RESEARCH

2 PROGRAM.—Of the funds appropriated pursu3 ant to this paragraph, $9,000,000 for fiscal

4 year 2005, $9,500,000 for fiscal year 2006,

5 $10,000,000 for fiscal year 2007, $10,500,000

6 for fiscal year 2008, and $11,000,000 for fiscal

7 year 2009 shall be available to carry out section

8 5313(a).

9 ‘‘(D) REMAINDER.—The remainder of the

10 funds appropriated pursuant to this paragraph

11 for a fiscal year after the allocations under sub12 paragraphs (A) and (B) for such fiscal year

13 shall be available to carry out national research

14 and technology programs under sections 5312,

15 5314, and 5322.

16 ‘‘(e) UNIVERSITY TRANSPORTATION RESEARCH.—

17 ‘‘(1) FISCAL YEAR 2004.—

18 ‘‘(A) FROM TRUST FUND.—There shall be

19 available from the Mass Transit Account of the

20 Highway Trust Fund to carry out sections

21 5505 and 5506, $6,400,000 for fiscal year

22 2004.

23 ‘‘(B) FROM GENERAL FUND.—In addition

24 to amounts made available by subparagraph

25 (A), there is authorized to be appropriated to
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1 carry out sections 5505 and 5506, $1,600,000

2 for fiscal year 2004.

3 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

4 Subject to paragraph (3), there is authorized to be

5 appropriated to carry out sections 5505 and 5506,

6 $8,000,000 for each of fiscal years 2005 through

7 2009.

8 ‘‘(3) FUNDING OFUNIVERSITY TRANSPOR9 TATION CENTERS.—

10 ‘‘(A) IN GENERAL.—Of the amounts made

11 available by and appropriated under paragraphs

12 (1) and (2) $2,000,000 for each of fiscal years

13 2004, 2005, and 2006 shall be available for the

14 institution identified in section 5505(j)(3)(E),

15 as so in effect.

16 ‘‘(B) USE OFFUNDS.—Funds made avail17 able for the institution identified in subpara18 graph (A)(iii) shall be used to make grants

19 under 5506(f)(5) for that institution

20 ‘‘(C) SPECIAL RULE.—Nothing in this sub21 section shall be construed to limit the transpor22 tation research conducted by the centers funded

23 by this section.

24 ‘‘(f) ADMINISTRATION.—

25 ‘‘(1) FISCAL YEAR 2004.—
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1 ‘‘(A) FROM TRUST FUND.—There shall be

2 available from the Mass Transit Account of the

3 Highway Trust Fund to carry out section 5334,

4 $60,044,000 for fiscal year 2004.

5 ‘‘(B) FROM GENERAL FUND.—In addition

6 to amounts made available under subparagraph

7 (A), there are authorized to be appropriated to

8 carry out section 5334, $15,011,000 for fiscal

9 year 2004.

10 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

11 There are authorized to be appropriated to carry out

12 section 5334—

13 ‘‘(A) $77,000,000 for fiscal year 2005;

14 ‘‘(B) $79,000,000 for fiscal year 2006;

15 ‘‘(C) $81,000,000 for fiscal year 2007;

16 ‘‘(D) $83,000,000 for fiscal year 2008;

17 and

18 ‘‘(E) $85,000,000 for fiscal year 2009.

19 ‘‘(g) TRUST FUND CAPITAL PROGRAM GRANTS.—

20 There shall be available from the Mass Transit Account

21 of the Highway Trust Fund to carry out sections

22 5309(m)(2)(B)(i) and 5309(m)(2)(B)(iii)—

23 ‘‘(1) $1,918,500,000 for fiscal year 2005;

24 ‘‘(2) $2,027,628,000 for fiscal year 2006;

25 ‘‘(3) $2,154,528,000 for fiscal year 2007;
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1 ‘‘(4) $2,305,974,000 for fiscal year 2008; and

2 ‘‘(5) $2,452,482,000 for fiscal year 2009.

3 ‘‘(h) GENERAL FUND CAPITAL PROGRAM GRANTS.—

4 There are authorized to be appropriated to carry out sec5 tions 5309(m)(2)(A) and 5309(m)(2)(B)(ii)—

6 ‘‘(1) $1,414,000,000 for fiscal year 2005;

7 ‘‘(2) $1,526,752,000 for fiscal year 2006;

8 ‘‘(3) 1,636,352,000 for fiscal year 2007;

9 ‘‘(4) $1,737,316,000 for fiscal year 2008; and

10 ‘‘(5) $1,859,998,000 for fiscal year 2009.

11 ‘‘(i) GRANTS AS CONTRACTUAL OBLIGATIONS.—

12 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

13 FUND.—A grant or contract approved by the Sec14 retary, that is financed with amounts made available

15 under subsection (a)(l)(A), (a)(2), (b)(1), (c)(2),

16 (d)(1)(A), (e)(1)(A), (f)(1)(A), or (g) is a contrac17 tual obligation of the Government to pay the Gov18 ernment’s share of the cost of the project.

19 ‘‘(2) GRANTS FINANCED FROM GENERAL

20 FUND.—A grant or contract, approved by the Sec21 retary, that is financed with amounts made available

22 under subsection (a)(l)(B), (b)(2), (c)(1)(B),

23 (d)(1)(B), (d)(2), (e)(1)(B), (e)(2), (f)(1)(B), (f)(2),

24 or (h) is a contractual obligation of the Government

25 to pay the Government’s share of the cost of the
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1 project only to the extent that amounts are provided

2 in advance in an appropriations Act.

3 ‘‘(j) AVAILABILITY OF AMOUNTS.—Amounts made

4 available by or appropriated under subsections (a) through

5 (h) shall remain available until expended.’’.

6 SEC. 3035. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.

7 (a) IN GENERAL.—Section 3038 of the Transpor8 tation Equity Act for the 21st Century (49 U.S.C. 5310

9 note; 112 Stat. 392) is amended—

10 (1) by striking the section heading and insert11 ing the following:

12 ‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PRO13 GRAM. ’’;

14 (2) by striking subsection (e) and inserting the

15 following:

16 ‘‘(e) FEDERAL SHARE OF COSTS.—The Federal

17 share of costs under this section shall be provided from

18 funds made available to carry out this section. The Fed19 eral share of the costs for a project shall not exceed 80

20 percent of the project cost.’’; and

21 (3) by striking subsection (g) and inserting the

22 following:

23 ‘‘(g) FUNDING.—

24 ‘‘(1) Of the amounts made available to carry

25 out this section in each fiscal year, 75 percent shall
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•HR 3550 EH

1 be available for operators of over-the-road buses

2 used substantially or exclusively in intercity, fixed3 route over-the-road bus service to finance the incre4 mental capital and training costs of the Department

5 of Transportation’s final rule regarding accessibility

6 of over-the-road buses. Such amounts shall remain

7 available until expended.

8 ‘‘(2) Of the amounts made available to carry

9 out this section in each fiscal year, 25 percent shall

10 be available for operators of other over-the-road bus

11 service to finance the incremental capital and train12 ing costs of the Department of Transportation’s

13 final rule regarding accessibility of over-the-road

14 buses. Such amounts shall remain available until ex15 pended.’’.

16 (b) CONFORMING AMENDMENTS.—The table of con17 tents contained in section 1(b) of the Transportation Eq18 uity Act for the 21st Century (112 Stat. 107) is amended

19 by striking the item relating to section 3038 and inserting

20 the following:

‘‘Sec. 3038. Over-the-road bus accessibility program.’’.

21 SEC. 3036. UPDATED TERMINOLOGY.

22 (a) AMENDMENTS TO CHAPTER 53.—Chapter 53 is

23 amended—

24 (1) in the chapter heading by striking ‘‘MASS’’

25 and inserting ‘‘PUBLIC’’;
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•HR 3550 EH

1 (2) in section 5310(h) by striking ‘‘Mass’’ and

2 inserting ‘‘Public’’;

3 (3) in the subsection heading for section

4 5331(b) by striking ‘‘MASS’’ and inserting ‘‘PUB5 LIC’’; and

6 (4) by striking ‘‘mass’’ each place it appears in

7 such chapter before ‘‘transportation’’ and inserting

8 ‘‘public’’, except in sections 5301(f), 5302(a)(7),

9 5315, 5323(a)(1), and 5323(a)(1)(B).

10 (b) TABLE OF CHAPTERS.—The table of chapters for

11 subtitle III is amended in the item relating to chapter 53

12 by striking ‘‘MASS’’ and inserting ‘‘PUBLIC’’.

13 SEC. 3037. PROJECT AUTHORIZATIONS FOR NEW FIXED

14 GUIDEWAY CAPITAL PROJECTS.

15 (a) EXISTING FULL FUNDING GRANT AGREE16 MENTS.—The following projects are authorized for final

17 design and construction for existing full funding grant

18 agreements in not less than the amount specified for each

19 fiscal year:

20 (1) Baltimore—Central LRT Double Tracking

21 $39,367,154 for fiscal year 2004, $29,009,003 for

22 fiscal year 2005, and $12,424,581 for fiscal year

23 2006.

24 (2) Chicago—Chicago Transit Authority Doug25 las Branch Reconstruction $83,655,202 for fiscal
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1 year 2004, $85,000,000 for fiscal year 2005, and

2 $45,145,190 for fiscal year 2006.

3 (3) Chicago—Chicago Transit Authority

4 Ravenswood Expansion Project $9,841,789 for fiscal

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

6 $40,000,000 for fiscal year 2006, $40,000,000 for

7 fiscal year 2007, $40,000,000 for fiscal year 2008,

8 and $64,832,615 for fiscal year 2009.

9 (4) Dallas—North Central LRT Extension

10 $29,684,097 for fiscal year 2004.

11 (5) Denver Southeast Corridor LRT

12 $78,734,308 for fiscal year 2004, $80,000,000 for

13 fiscal year 2005, $80,000,000 for fiscal year 2006,

14 $80,000,000 for fiscal year 2007, and $76,552,758

15 for fiscal year 2008.

16 (6) Fort Lauderdale—Tri-Rail Commuter Rail

17 Upgrade $18,118,733 for fiscal year 2004 and

18 $11,210,695 for fiscal year 2005.

19 (7) Memphis—Medical Center Extension

20 $9,101,281 for fiscal year 2004.

21 (8) Metra North Central Corridor Commuter

22 Rail $19,177,300 for fiscal year 2004, $20,000,000

23 for fiscal year 2005, and $20,613,452 for fiscal year

24 2006.
559

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1 (9) Metra Southwest Corridor Commuter Rail

2 $15,000,000 for fiscal year 2004, $20,000,000 for

3 fiscal year 2005, and $7,281,395 for fiscal year

4 2006.

5 (10) Metra Union Pacific West Line Extension

6 $17,000,000 for fiscal year 2004, $12,000,000 for

7 fiscal year 2005, and $14,285,749 for fiscal year

8 2006.

9 (11) Minneapolis—Hiawatha Corridor LRT

10 $73,793,730 for fiscal year 2004 and $33,111,257

11 for fiscal year 2005.

12 (12) New Jersey Urban Core—Hudson-Bergen

13 LRT MOS–2 $98,417,885 for fiscal year 2004,

14 $100,000,000 for fiscal year 2005, $100,000,000 for

15 fiscal year 2006, $100,000,000 for fiscal year 2007,

16 and $52,402,995 for fiscal year 2008.

17 (13) New Jersey Urban Core—Newark-Eliza18 beth Rail Link MOS–1 $22,209,000 for fiscal year

19 2004 and $1,342,076 for fiscal year 2005.

20 (14) New Orleans MOS–1 Canal Street

21 $22,922,877 for fiscal year 2004 and $16,455,206

22 for fiscal year 2005.

23 (15) Pittsburgh—Stage II LRT Reconstruction

24 $31,733,314 for fiscal year 2004 and $1,120,914 for

25 fiscal year 2005.
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1 (16) Portland—Interstate MAX LRT Exten2 sion $76,273,861 for fiscal year 2004, $23,480,000

3 fiscal year 2005, and $18,104,710 for fiscal year

4 2006.

5 (17) Salt Lake City—Medical Center

6 $30,178,231 for fiscal year 2004 and $8,682,141 for

7 fiscal year 2005.

8 (18) San Diego—Mission Valley East LRT Ex9 tension $63,971,625 for fiscal year 2004,

10 $81,640,000 fiscal year 2005, and $7,700,304 for

11 fiscal year 2006.

12 (19) San Diego—Oceanside Escondido Rail

13 Corridor $47,240,585 for fiscal year 2004,

14 $55,000,000 fiscal year 2005, and $12,211,061 for

15 fiscal year 2006.

16 (20) San Francisco—BART Extension to San

17 Francisco Airport $98,417,890 for fiscal year 2004,

18 $100,000,000 fiscal year 2005, and $81,855,680 for

19 fiscal year 2006.

20 (21) San Juan—Tren Urbano $19,683,577 for

21 fiscal year 2004 and $54,818,940 fiscal year 2005.

22 (22) Seattle—Central Link Initial Segment

23 LRT $73,813,414 for fiscal year 2004, $80,00,000

24 for fiscal year 2005, $80,000,000 for fiscal year

25 2006, $80,000,000 for fiscal year 2007,
561

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1 $70,000,000 for fiscal year 2008, and $24,028,149

2 for fiscal year 2009.

3 (23) Washington DC/MD—Largo Metrorail Ex4 tension $63,971,625 for fiscal year 2004 and

5 $75,432,887 fiscal year 2005.

6 (b) FINAL DESIGN AND CONSTRUCTION.—The fol7 lowing projects are authorized for final design and con8 struction for fiscal years 2004 through 2009 under para9 graphs (1)(B), (2)(A), and (2)(B)(ii) of section 5309(m)

10 of title 49, United States Code:

11 (1) Baltimore—MARC Commuter Rail Im12 provements.

13 (2) Boston—Silver Line BRT Phase III.

14 (3) Bridgeport—Intermodal Corridor.

15 (4) Central Phoenix—East Valley Corridor

16 LRT.

17 (5) Charlotte—South Corridor LRT.

18 (6) Cleveland—Euclid Corridor Bus Rapid

19 Transit.

20 (7) Dallas Area Rapid Transit—Northwest21 Southeast Extension, Pleasant Grove to Farmers

22 Branch.

23 (8) Delaware—I–95 Corridor Commuter Rail.

24 (9) Denver—West Corridor LRT.
562

•HR 3550 EH

1 (10) El Paso-Juarez—International Fixed

2 Guideway.

3 (11) Harrisburg—Corridor One Commuter Rail

4 (MOS–1), East Mechanicsburg-Lancaster, Pennsyl5 vania.

6 (12) Kansas City, Kansas—Southtown Com7 muter Rail.

8 (13) Las Vegas—Monorail Transit Corridor

9 Project, Phase II.

10 (14) Los Angeles—Gold Line Phase 1 Eastside

11 Extension.

12 (15) Los Angeles—Gold Line Foothill Exten13 sion, Pasadena to Montclair.

14 (16) Los Angeles MTA—Exposition LRT.

15 (17) Miami-Dade Transit—North Corridor.

16 (18) Minneapolis—North Star Corridor.

17 (19) Missouri/Kansas—Interstate 35 Commuter

18 Rail.

19 (20) Nashua—Commuter Rail.

20 (21) Nashville, Tennessee Commuter Rail.

21 (22) New Britain-Hartford Busway Project.

22 (23) New Jersey Urban Core.

23 (24) New Orleans—Desire Corridor Streetcar.

24 (25) New York—Long Island Railroad East

25 Side Access Project.
563

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1 (26) New York—Second Avenue Subway.

2 (27) Norfolk Regional Light Rail.

3 (28) Northern Virginia—Dulles Corridor Ex4 tension.

5 (29) Orange County, California—Center Line

6 LRT.

7 (30) Philadelphia—Schuylkill Valley MetroRail.

8 (31) Pittsburgh—North Shore Connector.

9 (32) Portland, Oregon—Interstate MAX South

10 LRT Extensions.

11 (33) Sacramento—South Corridor (Phase 3),

12 Downtown to Elk Grove.

13 (34) Salt Lake City—Airport to University

14 LRT.

15 (35) Salt Lake City—Ogden-Provo Commuter

16 Rail.

17 (36) Salt Lake City—West Jordan LRT exten18 sion.

19 (37) San Diego—Mid Coast Extension.

20 (38) San Francisco Muni—Third Street LRT21 Phase I/II.

22 (39) Santa Clara Valley Transit Authority—

23 BART Extension to Santa Clara County.

24 (40) Tampa Bay—Regional Rail.
564

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1 (41) Triangle Transit Authority, North Caro2 lina—Regional Rail Project.

3 (42) Washington County, Oregon—Commuter

4 Rail.

5 (43) Wasilla-Girdwood, Alaska—Commuter

6 Rail.

7 (c) ALTERNATIVES ANALYSIS AND PRELIMINARY EN8 GINEERING.—The following projects are authorized for al9 ternatives analysis and preliminary engineering for fiscal

10 years 2004 through 2009 under paragraphs (1)(B),

11 (2)(A), and (2)(B)(ii) of section 5309(m) of title 49,

12 United States Code:

13 (1) Albuquerque—High Capacity Corridor.

14 (2) Belen-Santa Fe—New Mexico Commuter

15 Rail.

16 (3) Ann Arbor/Detroit—Commuter Rail.

17 (4) Atlanta—GRTA I–75 Corridor, Wade

18 Green Road-Akers Mill Road BRT/HOV.

19 (5) Atlanta—North Line Corridor expansion

20 project.

21 (6) Atlanta—Belt Line C–Loop.

22 (7) Atlanta—West Line Corridor.

23 (8) Austin—San Antonio I–35 Commuter Rail.

24 (9) Austin—Rapid Bus Project.

25 (10) Austin—Regional Commuter Rail.
565

•HR 3550 EH

1 (11) Baltimore Light Rail System Extensions.

2 (12) Baton Rouge Bus Rapid Transit.

3 (13) Birmingham, Alabama—Transit Corridor.

4 (14) Boise—Downtown Circulator.

5 (15) Boston—North Shore Corridor and Blue

6 Line Extension.

7 (16) Boston—North/South Rail Link.

8 (17) Boston—Urban Ring BRT.

9 (18) Broward County, Florida—Bus Rapid

10 Transit.

11 (19) Buffalo—Niagara Frontier Transit Au12 thority Improvements.

13 (20) Burlington-Clemmons, North Carolina—

14 Piedmont Authority Regional Rail.

15 (21) Charles Town-Ranson, West Virginia—

16 MARC Commuter Rail Spur.

17 (22) Central Phoenix—East Valley Corridor

18 LRT Extensions.

19 (23) Charlotte—North Corridor Project.

20 (24) Charlotte—Northeast Corridor Project.

21 (25) Charlotte—Southeast-West Corridor

22 Project.

23 (26) Charlotte—Streetcar Loop Project.

24 (27) Chicago CTA—Red Line Extension (95th

25 Street to 130th Street/Stony Island).
566

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1 (28) Chicago CTA—Chicago Transit Hub (Cir2 cle Line-Ogden Streetcar).

3 (29) Chicago CTA—Orange Line Extension

4 (Midway Airport to Ford City).

5 (30) Chicago CTA—Southeast Service-La Salle

6 Street Station to Baltimore Race Track.

7 (31) Chicago CTA—Yellow Line Extension

8 (Dempster-Old Orchard).

9 (32) Chula Vista, California—Bus Rapid Tran10 sit.

11 (33) Cleveland-Akron-Canton (Northeast Ohio)

12 Commuter Rail.

13 (34) Coachella Valley—Indio-Palm Desert Bus

14 Rapid Transit Connector.

15 (35) Columbia, South Carolina—Light Rail.

16 (36) Corpus Christi—Downtown Rail Trolley.

17 (37) Dallas Area Rapid Transit—Dallas Cen18 tral Business District.

19 (38) Dallas Area Rapid Transit—Rowlett LRT

20 Extension.

21 (39) Dallas Area Rapid Transit—Beltline to

22 DFW Airport.

23 (40) Denton County Transportation Authority,

24 Texas—Fixed Guideway Project.

25 (41) Denver—Gold Line Extension to Arvada.
567

•HR 3550 EH

1 (42) Denver—United States Route 36 Transit

2 Corridor.

3 (43) Denver—North Metro Corridor to Thorn4 ton.

5 (44) Denver—East Corridor to DIA Airport.

6 (45) Detroit—Center City Loop.

7 (46) District of Columbia—Light Rail Starter

8 Line.

9 (47) Fairfax County, Virginia—Bus Rapid

10 Transit/HOV.

11 (48) Fitchburg, Massachusetts—Commuter

12 Rail Extensions and Improvements.

13 (49) Fort Lauderdale—Downtown Rail Link.

14 (50) Fort Worth—Trinity Railway Express

15 Commuter Rail Extensions.

16 (51) Fresno—Transit Corridor.

17 (52) Galveston—Rail Trolley Extension

18 (53) Grand Rapids—Fixed Guideway Corridor

19 Project.

20 (54) Guam—Tumon Bay-Airport Light Rail.

21 (55) Harrisburg—Corridor One Commuter Rail

22 (MOS–2), East Mechanicsburg-Carlisle, Pennsyl23 vania.

24 (56) Honolulu—Downtown BRT.
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1 (57) Houston Advanced Transit Program Light

2 Rail.

3 (58) Indianapolis—System of Metropolitan

4 Area Rapid Transit.

5 (59) Kansas City, Missouri-Lawrence, Kan6 sas—Commuter Rail.

7 (60) Kansas City, Missouri—Regional BRT.

8 (61) Kenosha-Racine-Milwaukee Metra Com9 muter Rail Extension (Wisconsin).

10 (62) King County, Washington—I–405 Cor11 ridor Bus Rapid Transit.

12 (63) Lakeview, Minnesota—Cedar Avenue Cor13 ridor Bus Rapid Transit.

14 (64) Lane County, Oregon—Bus Rapid Tran15 sit, Phase 2.

16 (65) Little Rock—River Rail Streetcar Exten17 sions.

18 (66) Little Rock—West Little Rock Commuter

19 Rail.

20 (67) Long Island Railroad—Nassau Hub.

21 (68) Lorain-Cleveland Commuter Rail.

22 (69) Los Angeles—Metrolink San Bernardino

23 Line Improvements.

24 (70) LOSSAN Del Mar-San Diego—Rail Cor25 ridor Improvements.
569

•HR 3550 EH

1 (71) Madison and Dane Counties, Wisconsin—

2 Transport 2020 Commuter Rail.

3 (72) Maryland—I–270 Corridor Cities

4 Transitway.

5 (73) Maryland—Route 5 Corridor to Waldorf.

6 (74) Memphis Regional Rail Plan.

7 (75) Memphis, Medical Center Rail Extension

8 to Airport.

9 (76) Metra BNSF Naperville to Aurora Cor10 ridor Extension and Improvements.

11 (77) Metra SouthEast Service Line Commuter

12 Rail.

13 (78) Metra STAR Line Inter-Suburban Com14 muter Rail.

15 (79) Metra UP Northwest Line Core Capacity

16 Upgrades.

17 (80) Metra UP West Line Core Capacity Up18 grades.

19 (81) Miami-Dade Transit—Douglas Road Ex20 tension.

21 (82) Miami-Dade Transit—East-West Corridor.

22 (83) Miami-Dade Transit—Kendall Corridor.

23 (84) Miami-Dade Transit—Northeast Corridor.

24 (85) Miami-Dade Transit—Rail Extension to

25 Florida City.
570

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1 (86) Middletown-South Fallsburg, New York,

2 Passenger Rail.

3 (87) Monterey County, California—Commuter

4 Rail.

5 (88) Montgomery and Prince George’s Coun6 ties, Maryland—Purple Line.

7 (89) Nashville Tennessee Commuter Rail.

8 (90) Nassau and Queens Counties, New York—

9 LIRR Main Line Third Track Project.

10 (91) New Haven, Connecticut-Hartford, Con11 necticut-Springfield, Massachusetts Commuter Line.

12 (92) New Jersey Trans-Hudson Midtown Cor13 ridor.

14 (93) New Jersey Transit—Northeast Corridor

15 Trans-Hudson Commuter Rail Improvements.

16 (94) New Jersey Transit—Morris/Essex/Boon17 ton Trans-Hudson Commuter Rail Improvements.

18 (95) New Jersey Transit—New York Susque19 hanna and Western RR Commuter Extension.

20 (96) New Jersey Transit—West Trenton Line

21 Commuter Line Service Extension.

22 (97) New Orleans—Airport-CBD Commuter

23 Rail.

24 (98) New York—Rockaway-Brooklyn Army

25 Terminal-Manhattan Ferry Service.
571

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1 (99) New York—Staten Island to Manhattan

2 High-Speed Ferry Service Extension.

3 (100) New York—Stewart Airport Rail Access.

4 (101) Newburg, New York—LRT System.

5 (102) Northern Indiana—Commuter District

6 Line.

7 (103) Northern Indiana—West Lake Commuter

8 Rail Link (South Shore Commuter Rail).

9 (104) Norfolk—Naval Station Corridor.

10 (105) Northern Virginia—Crystal City Potomac

11 Yards Transit.

12 (106) Northern Virginia—Columbia Pike Rapid

13 Transit Project.

14 (107) Pittsburgh—Martin Luther King, Jr.

15 Busway Extension.

16 (108) Orlando—I–4 Central Florida Commuter

17 Rail System.

18 (109) Pawtucket, Rhode Island Commuter Rail

19 Improvement Program.

20 (110) Philadelphia—Route 100 Rapid Trolley

21 Extension to King of Prussia.

22 (111) Philadelphia—Broad Street Subway Line

23 Extension.

24 (112) Pittsburgh—East-West Corridor Rapid

25 Transit.
572

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1 (113) Pittsburgh—Martin Luther King, Jr.

2 Busway Extension.

3 (114) Portland Streetcar Extensions.

4 (115) Quakertown-Stoney Creek, Pennsyl5 vania—Rail Restoration.

6 (116) Raritan Valley, New Jersey—Commuter

7 Rail.

8 (117) Reno, Nevada—Virginia Street Bus

9 Rapid Transit Project.

10 (118) Riverside-Perris, California—Rail Pas11 senger Service.

12 (119) Roaring Fork Valley, Colorado—Bus

13 Rapid Transit.

14 (120) Rock Island, Illinois—Quad Cities Rapid

15 Transit System.

16 (121) Sacramento—Regional Rail, Dixon to

17 Bowman.

18 (122) Sacramento—Downtown/Natomas Air19 port Transit Corridor.

20 (123) Salt Lake City—Draper to Sandy LRT

21 Extension.

22 (124) Salt Lake City—TRAX Capacity Im23 provements.

24 (125) Salt Lake City—West Valley City LRT

25 Extension.
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1 (126) San Antonio—Bus Rapid Transit.

2 (127) San Francisco—BART Extension, Pitts3 burg to Tracy.

4 (128) San Francisco—BART Extension to

5 Livermore.

6 (129) San Francisco—BART Extension to

7 Oakland International Airport.

8 (130) San Francisco—MUNI Geary Boulevard

9 Bus Rapid Transit.

10 (131) San Joaquin Regional Rail Commission

11 Commuter Rail (Altamont Commuter Express).

12 (132) San Juan Tren Urbano—Extension from

13 Rio Piedras to Carolina.

14 (133) Santa Fe—El Dorado Rail Link.

15 (134) Seattle—Monorail Project.

16 (135) Seattle—Link LRT Extensions.

17 (136) Seattle—Sound Transit Commuter Rail.

18 (137) Seattle—Sound Transit Regional Express

19 Bus.

20 (138) Sevierville to Pigeon Ford, Tennessee—

21 Bus Rapid Transit.

22 (139) Sonoma/Marin (SMART) Commuter

23 Rail, California.

24 (140) South Carolina High Speed Rail Cor25 ridor.
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1 (141) Southern California High Speed Regional

2 Transit.

3 (142) St. Louis Metro Link—Scott AFB to

4 Mid America Airport.

5 (143) St. Louis—East/West Gateway.

6 (144) St. Louis—Metro Link Northside Daniel

7 Boone Project.

8 (145) St. Louis—Metro South Corridor.

9 (146) St. Louis—University Downtown Trolley.

10 (147) Stamford, Connecticut—Urban

11 Transitway Phase II.

12 (148) Toledo, Ohio—CBD to Zoo.

13 (149) Toledo, Ohio—University Corridor.

14 (150) Trenton Trolley.

15 (151) Tri-Rail Dolphin Extension.

16 (152) Tri-Rail Florida East Coast Commuter

17 Rail Extension.

18 (153) Tri-Rail Jupiter Extension.

19 (154) Tucson—Old Pueblo Trolley Expansion.

20 (155) Tulsa, Oklahoma, Light Rail.

21 (156) Vancouver—Interstate MAX Extension

22 to Clark County, Washington.

23 (157) Virginia Beach—Bus Rapid Transit.

24 (158) Virginia Railway Express Capacity Im25 provements.
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1 (159) Washington State Ferries and Ferry Fa2 cilities.

3 (160) Williamsburg-Newport News—Peninsula

4 Rail Transit.

5 (d) OTHER PROJECT AUTHORIZATIONS.—Of the

6 amount authorized under section 5338(h) in fiscal year

7 2005 to carry out section 5309(m)(2)(B)(ii), the Secretary

8 shall make funds available to the following projects for

9 final design and construction in an amount not to exceed

10 the amount specified:

11 (1) Atlanta—North Springs Extension,

12 $260,785.

13 (2) Los Angeles—North Hollywood MOS–3,

14 $663,339.

15 (3) New Jersey Urban Core—Hudson Bergen

16 LRT Phase I, $313,896.

17 (4) Salt Lake City—CBD to University LRT,

18 $1,127,405.

19 (5) St. Louis-St. Clair—MetroLink Extension

20 Phase IIa, $59,383.

21 (e) RULES RELATING TO FUNDING.—

22 (1) SUBSECTION (a) PROJECTS.—

23 (A) IN GENERAL.—The Secretary is au24 thorized to expend funds made available under

25 section 5309(m) of title 49, United States
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1 Code, for final design and construction of

2 projects authorized by subsection (a) as existing

3 full funding grant agreements.

4 (B) MINIMUM FUNDING LEVELS.—The

5 Secretary shall make available not less than the

6 following amounts for projects authorized by

7 subsection (a): $1,042,307,000 for fiscal year

8 2004, $928,303,000 for fiscal year 2005,

9 $519,622,000 for fiscal year 2006,

10 $300,000,000 for fiscal year 2007,

11 $238,956,000 for fiscal year 2008, and

12 $88,861,000 for fiscal year 2009.

13 (2) SUBSECTION (b) PROJECTS.—

14 (A) IN GENERAL.—Projects authorized by

15 subsection (b) for final design and construction

16 are also authorized for alternatives analysis and

17 preliminary engineering.

18 (B) MINIMUM FUNDING LEVELS.—The

19 Secretary shall make available not less than the

20 following amounts for projects authorized by

21 subsection (b): $132,850,000 for fiscal year

22 2004, $350,000,000 for fiscal year 2005,

23 $861,376,000 for fiscal year 2006,

24 $1,180,821,000 for fiscal year 2007,
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1 $1,333,823,000 for fiscal year 2008, and

2 $1,595,648,000 for fiscal year 2009.

3 (C) PRIORITY.—In making funds available

4 under subparagraph (B), the Secretary shall

5 first make such funds available for any full

6 funding grant agreement executed by the Sec7 retary in fiscal year 2004 after the date of en8 actment of this Act and for any full funding

9 grant agreement executed by the Secretary in

10 the amount indicated in fiscal years 2005

11 through 2009 in the amount indicated in the

12 ‘‘Schedule of Federal Funds for the Project’’

13 included in such agreement.

14 (3) SUBSECTION (c) PROJECTS.—

15 (A) IN GENERAL.—Effective October 1,

16 2006, projects authorized by subsection (c) for

17 alternatives analysis and preliminary engineer18 ing are also authorized for final design and con19 struction.

20 (B) MAXIMUM FUNDING LEVELS.—The

21 Secretary shall make available not more than

22 the following amounts for projects authorized

23 by subsection (c): $102,188,000 for fiscal year

24 2004, $111,157,000 for fiscal year 2005, and

25 $120,087,000 for fiscal year 2006.
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1 (C) MAXIMUM FUNDING LEVELS FOR AL2 TERNATIVES ANALYSIS AND PRELIMINARY EN3 GINEERING.—In fiscal years 2007, 2008, and

4 2009, the Secretary shall make available not

5 more than the following amounts for projects

6 authorized by subsection (b), and projects au7 thorized by subsection (c), to conduct alter8 natives analysis and preliminary engineering ac9 tivities: $128,767,000 in fiscal year 2007,

10 $136,763,000 in fiscal year 2008, and

11 $146,479,000 in fiscal year 2009.

12 (f) NEW JERSEY URBAN CORE PROJECT.—Section

13 3031(d) of the Intermodal Surface Transportation Effi14 ciency Act of 1991 (112 Stat. 380; 105 Stat. 2122) is

15 amended—

16 (1) by striking ‘‘associated components to and

17 at the contiguous New Jersey Meadowlands Sports

18 Complex),’’ and inserting ‘‘to and at the contiguous

19 New Jersey Meadowlands Sports Complex), includ20 ing a connection to the Hudson River Waterfront

21 Transportation System, the Lackawanna Cutoff,’’;

22 and

23 (2) by striking ‘‘in Lakewood to Freehold to

24 Matawan or Jamesburg, New Jersey, as described in

25 section 3035(p) of the Intermodal Surface Transpor-
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1 tation Efficiency Act of 1991 (105 Stat. 2131)’’ and

2 inserting ‘‘from Lakehurst to the Northeast Corridor

3 or the New Jersey Coast Line’’.

4 (g) NEW JERSEY TRANS-HUDSON MIDTOWN COR5 RIDOR.—Project elements of the New Jersey Trans-Hud6 son Midtown Corridor advanced with 100 percent non7 Federal funds shall be given consideration by the Federal

8 Transit Administration when evaluating the local share

9 and mobility improvements of the project in the new starts

10 rating process, including the purchase of bilevel rail equip11 ment.

12 SEC. 3038. PROJECTS FOR BUS AND BUS-RELATED FACILI13 TIES.

14 Of the amounts made available to carry out section

15 5309(m)(2)(B)(iii) of title 49, United States Code, for

16 each of fiscal years 2005 through 2007, the Secretary

17 shall make funds available for the following projects in not

18 less than the amounts specified for the fiscal year:

Project FY 05 FY 06 FY 07

1. Hillsborough County, FL: Replacement

buses and vans ......................................... $320,000.00 $330,000.00 $350,000.00

2. Winston-Salem, NC: Union Station

Intermodal Transfer Center, Martin Luther King Drive ........................................ $480,000.00 $495,000.00 $525,000.00

3. Purchase of Buses; North Carolina

Statewide Request (NCDOT) .................. $32,000.00 $33,000.00 $35,000.00

4. Geneva Parking Deck: Construction of a

3-tier commuter Parking deck for metra

service ...................................................... $1,280,000.00 $1,320,000.00 $1,400,000.00

5. St. Charles, IL Intermodal Parking

Structures ................................................ $1,440,000.00 $1,485,000.00 $1,575,000.00

6. Clinton, NJ Construct an intermodal bus

terminal and rail station at the Intersection of I–78, Route 22 and the NJ Transit Raritan Valley Line in Clinton, NJ

(Hunterdon County) ................................ $320,000.00 $330,000.00 $350,000.00
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Project FY 05 FY 06 FY 07

7. Knoxville, TN intermodal facility ............ $3,264,000.00 $3,366,000.00 $3,570,000.00

8. Miami, FL Miami-Dade County Buses ... $1,600,000.00 $1,650,000.00 $1,750,000.00

9. Pittburgh, PA: Purchase of new buses

for Pittsburgh Port Authority ................. $160,000.00 $165,000.00 $175,000.00

10. Lake Success, NY intermodal facility ... $544,000.00 $561,000.00 $595,000.00

11. Charlotte, NC West Trade Street intermodal center ............................................. $1,600,000.00 $1,650,000.00 $1,750,000.00

12. Corning, NY Transit Center ................. $1,280,000.00 $1,320,000.00 $1,400,000.00

13. Burlington County, NJ New Jersey

transit buses ............................................. $1,008,000.00 $1,039,500.00 $1,102,500.00

14. Hamilton County, OH: Metro Bus

Service Enhancements—Neighborhood

Transit Centers and Hubs ....................... $544,000.00 $561,000.00 $595,000.00

15. Adams County Transit Authority, PA:

Gettysburg transit transfer center or

other related projects ............................... $287,680.00 $296,670.00 $314,650.00

16. Oneida County, NY: buses and facilities $640,000.00 $660,000.00 $700,000.00

17. Utica, NY: Utica Union Station track

improvements ........................................... $32,000.00 $33,000.00 $35,000.00

18. Utica and Thendara, NY: Install Two

Handicap Lifts ......................................... $32,000.00 $33,000.00 $35,000.00

19. Myrtle Beach, SC: Regional Multimodal

Transit Center ......................................... $320,000.00 $330,000.00 $350,000.00

20. Buffalo, NY intermodal facility ............. $1,280,000.00 $1,320,000.00 $1,400,000.00

21. Buffalo Niagara Medical Campus intermodal facility roadway, streetscape, pedestrian, transit, and parking improvements ........................................................ $640,000.00 $660,000.00 $700,000.00

22. Juneau, AK transit bus acquisition and

transit center ........................................... $800,000.00 $825,000.00 $875,000.00

23. Roanoke, VA: Improve buses at Commonwealth Coach and Trolley Museum ... $80,000.00 $82,500.00 $87,500.00

24. Roanoke, VA: Improve Virginian Railway Intermodal Station ........................... $80,000.00 $82,500.00 $87,500.00

25. City of Flagstaff, AZ Purchase of buses

and bus related facilities .......................... $912,000.00 $940,500.00 $997,500.00

26. City of Sedona, AZ Purchase of buses

and bus related facilities .......................... $912,000.00 $940,500.00 $997,500.00

27. Parking garage at SEPTA Market

Street Elevated Line ................................ $1,280,000.00 $1,320,000.00 $1,400,000.00

28. Normal, IL Multimodal center that will

provide for eight transportation modes

and help to redevelop Normal downtown

area .......................................................... $640,000.00 $660,000.00 $700,000.00

29. San Joaquin, CA Altamont Commuter

Express Corridor intermodal centers ....... $1,280,000.00 $1,320,000.00 $1,400,000.00

30. Cleveland Clinic Intermodal Center and

Parking Facility ....................................... $2,720,000.00 $2,805,000.00 $2,975,000.00

31. Cuyahoga County, OH University Hospital Intermodal Center and related improvements ............................................... $1,328,000.00 $1,369,500.00 $1,452,500.00

32. Akron Art Museum, OH enhancements

& transit improvements/safety ................. $208,000.00 $214,500.00 $227,500.00

33. Coffman Cove, AK IFA ferry terminal $1,024,000.00 $1,056,000.00 $1,120,000.00

34. Unalaska, AK Construction of AMHW

ferry terminal including approach, staging, and upland improvements ................. $2,400,000.00 $2,475,000.00 $2,625,000.00

35. St. Johns, MI buses .............................. $32,000.00 $33,000.00 $35,000.00

36. Eastlake Stadium, OH Transit Improvements ............................................... $1,280,000.00 $1,320,000.00 $1,400,000.00

37. Cleveland Art Museum Intermodal Center and Parking Facility .......................... $2,560,000.00 $2,640,000.00 $2,800,000.00

38. Joliet, IL: For the construction of

1,000 commuter car parking structure

parking at Joliet Union station ............... $800,000.00 $825,000.00 $875,000.00

39. Grand Rapids, MI Bus replacement expansion ..................................................... $4,797,760.00 $4,947,690.00 $5,247,550.00

40. Ionia County, MI: Vehicle replacement $83,840.00 $86,460.00 $91,700.00

41. Barry County, MI bus maintenance

equipment ................................................. $11,200.00 $11,550.00 $12,250.00
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42. Sevierville to Pigeon Forge, TN BRT ... $160,000.00 $165,000.00 $175,000.00

43. Lower Merion Township, PA relocate

the SEPTA/AMTRAK Ardmore Station $2,329,600.00 $2,402,400.00 $2,548,000.00

44. Mammoth Lakes, CA expanded transit

service ...................................................... $160,000.00 $165,000.00 $175,000.00

45. Westmoreland County, PA Buses ......... $320,000.00 $330,000.00 $350,000.00

46. Warwick, NY Bus Depot and Shelters $160,000.00 $165,000.00 $175,000.00

47. Tempe/Scottsdale, AZ East Valley Bus

Facility ..................................................... $1,600,000.00 $1,650,000.00 $1,750,000.00

48. Lancaster, PA Job Access buses and

services ..................................................... $128,000.00 $132,000.00 $140,000.00

49. I–80/Howard Blvd New Jersey Transit

Park and Ride .......................................... $320,000.00 $330,000.00 $350,000.00

50. Calstart fuel cell buses .......................... $320,000.00 $330,000.00 $350,000.00

51. Coachella Valley, CA: Bus rapid transit,

Cities of Indio/ Palm Desert .................... $160,000.00 $165,000.00 $175,000.00

52. Spring Valley, CA Multi-Modal Center $384,000.00 $396,000.00 $420,000.00

53. Escondido, CA Compressed Natural

Gas (CNG) operation and maintenance

facility ...................................................... $160,000.00 $165,000.00 $175,000.00

54. San Diego, CA Off-street multimodal

center and service facility ........................ $160,000.00 $165,000.00 $175,000.00

55. Roanoke, VA: Improve Link Passenger

Rail Intermodal Facility .......................... $160,000.00 $165,000.00 $175,000.00

56. Zanesville, OH bus system signage and

shelters ..................................................... $20,800.00 $21,450.00 $22,750.00

57. Allegheny County, PA Clean Fuel

Buses ........................................................ $320,000.00 $330,000.00 $350,000.00

58. Mariposa, CA CNG-Hydrogen transit

system with fueling stations and buses

for Yosemite National Park ..................... $800,000.00 $825,000.00 $875,000.00

59. Northern Neck and Middle Peninsula,

VA multi-modal bus facilities .................. $1,040,000.00 $1,072,500.00 $1,137,500.00

60. Improvements to Metro North Railroad’s Beacon Train Station ................... $160,000.00 $165,000.00 $175,000.00

61. Faquier County, VA Bealeton Station

depot rehabilitation .................................. $88,000.00 $90,750.00 $96,250.00

62. Kearney, NE RYDE transit Bus and

maintenance facility ................................. $608,000.00 $627,000.00 $665,000.00

63. Statewide, NE: Statewide rural transit

needs assessment for the State of Nebraska ...................................................... $96,000.00 $99,000.00 $105,000.00

64. Trenton, NJ Intermodal Train Station

reconsruction ............................................ $800,000.00 $825,000.00 $875,000.00

65. York, PA: Rabbittransit transit hubs

and communications equipment ............... $886,560.00 $914,265.00 $969,675.00

66. Harrison, AR Trolley Barn ................... $12,800.00 $13,200.00 $14,000.00

67. Dakota County, MN: Lakeview/Cedar

Avenue Corridor BRT .............................. $1,600,000.00 $1,650,000.00 $1,750,000.00

68. Miami, FL Miami-Dade County Buses $1,600,000.00 $1,650,000.00 $1,750,000.00

69. Monrovia, CA multi-modal regional

transit center ........................................... $960,000.00 $990,000.00 $1,050,000.00

70. Cleveland, OH Transit Improvements

for the upcoming International Children’s

Games ...................................................... $48,000.00 $49,500.00 $52,500.00

71. Hampton Roads, VA Southside Bus

Facility ..................................................... $640,000.00 $660,000.00 $700,000.00

72. Denver, CO: Regional Transportation

District Bus Replacement ........................ $1,280,000.00 $1,320,000.00 $1,400,000.00

73. Foothill Transit, CA commuter park

and ride facilities ..................................... $3,040,000.00 $3,135,000.00 $3,325,000.00

74. Salt Lake Community Collage, UT -

Intermodal Hub ....................................... $560,000.00 $577,500.00 $612,500.00

75. Fresno, CA low-emission transit vehicles ........................................................... $800,000.00 $825,000.00 $875,000.00

76. Fredericksburg, VA VRE station restoration .................................................... $320,000.00 $330,000.00 $350,000.00

77. Lakewood, NJ bus route ....................... $240,000.00 $247,500.00 $262,500.00

78. Elmira, NY buses and related transit

systems ..................................................... $160,000.00 $165,000.00 $175,000.00
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79. South Bend, IN Operations Center/

Mishawaka Transfer Facility ................... $320,000.00 $330,000.00 $350,000.00

80. Atlanta, GA: BRT/HOV project; I–75

from Wade Green road to Akers Mill

Road ......................................................... $3,200,000.00 $3,300,000.00 $3,500,000.00

81. Kodiak, AK Construction of AMHW

ferry terminal and approach .................... $2,400,000.00 $2,475,000.00 $2,625,000.00

82. Utica, NY: Union Station canopy ......... $240,000.00 $247,500.00 $262,500.00

83. Shreveport, LA Intermodal Transit Facility ......................................................... $1,072,000.00 $1,105,500.00 $1,172,500.00

84. Bend, Oregon Replacement of the city’s

22 person vans ......................................... $320,000.00 $330,000.00 $350,000.00

85. Pasadena to Montclair, CA Gold Line

Light Rail Foothill Extension intermodal

centers ...................................................... $4,800,000.00 $4,950,000.00 $5,250,000.00

86. NC: North Carolina Statewide Bus and

Bus Facilities ........................................... $5,952,000.00 $6,138,000.00 $6,510,000.00

87. Triad, NC: Multimodal facility to serve

as the central facility for the PART

routes throughout the Triad region ......... $3,712,000.00 $3,828,000.00 $4,060,000.00

88. High Point, NC: Home Funishings

Market terminals/parking ........................ $1,600,000.00 $1,650,000.00 $1,750,000.00

89. Cincinnati Zoo/Uptown Crossing, OH:

Intermodal bus facility/commuter parking

garage ...................................................... $416,000.00 $429,000.00 $455,000.00

90. Florida Keys Bus System Facility Improvements ............................................... $160,000.00 $165,000.00 $175,000.00

91. Florida Keys Bus System Improvements, Job Access Reverse Commute ...... $160,000.00 $165,000.00 $175,000.00

92. Rome, NY: VIP bus system .................. $80,000.00 $82,500.00 $87,500.00

93. Geneva, NY: Intermodal Facility renovations .................................................... $345,600.00 $356,400.00 $378,000.00

94. Oneonta, NY: Heavy Duty Buses ......... $80,000.00 $82,500.00 $87,500.00

95. Cooperstown, NY: Construct Cooperstown Intermodal Facility ......................... $1,600,000.00 $1,650,000.00 $1,750,000.00

96. Seneca City Public Transit, NY: Develop a transportation service plan for

the county ................................................ $48,000.00 $49,500.00 $52,500.00

97. Columbus, OH Paratransit and Small

Bus Service Facility ................................. $1,600,000.00 $1,650,000.00 $3,750,000.00

98. Erie County, NY Niagara Frontier

Transportation Authority rehabilitation .. $960,000.00 $990,000.00 $1,050,000.00

99. Jamestown, NY intermodal facility ....... $480,000.00 $495,000.00 $525,000.00

100. Dunkirk, NY intermodal facility ......... $320,000.00 $330,000.00 $350,000.00

101. Tinley Park, IL: Commuter rail intermodal station at 80th Avenue .................. $160,000.00 $165,000.00 $175,000.00

102. Londonderry, NH: Park and Ride Bus

Facility at Exit 5 ..................................... $640,000.00 $660,000.00 $700,000.00

103. Enfield, CT: Enfield Intermodal Station on New Haven CT—Springfield, MA

Commuter Rail Line ................................ $640,000.00 $660,000.00 $700,000.00

104. Atlanta, GA Atlanta Transportation

Trolley Link clean fuel transit vehicles ... $1,600,000.00 $1,650,000.00 $1,750,000.00

105. Stonington and Mystic, CT: Construct

Stonington-Mystic Village Intermodal

Center Parking facility and Improve

streetscapes .............................................. $640,000.00 $660,000.00 $700,000.00

106. Atlanta, GA MARTA low-floor clean

fuel buses ................................................. $3,200,000.00 $3,300,000.00 $3,500,000.00

107. Glenwood Park, PA Transit Center

and adjacent park & ride facility ............. $1,600,000.00 $1,650,000.00 $1,750,000.00

108. Beaver, PA: Expand and improve 2

park and ride facilities in Beaver County,

PA ............................................................ $160,000.00 $165,000.00 $175,000.00

109. Vernon, CT: Construct Vernon Intermodal Center, Parking and Streetscapes $1,920,000.00 $1,980,000.00 $2,100,000.00

110. New London, CT: Improve New London Intermodal Transportation Center

Streetscapes and Traffic Flow ................. $480,000.00 $495,000.00 $525,000.00
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111. Warren, PA intermodal transportation

center ....................................................... $960,000.00 $990,000.00 $1,050,000.00

112. Sharon, PA bus facilities, parking lots

and bus stops ........................................... $320,000.00 $330,000.00 $350,000.00

113. New Orleans, LA Multimodal Riverfront Center ............................................. $160,000.00 $165,000.00 $175,000.00

114. Manchester, NH North River Road

Intermodal Facility and streetscape improvements ............................................... $288,000.00 $297,000.00 $315,000.00

115. River parishes, LA South Central

Planning and Development Commission,

bus and bus facilities ............................... $320,000.00 $330,000.00 $350,000.00

116. Regional Planning Commission, New

Orleans, LA bus and bus facilities .......... $160,000.00 $165,000.00 $175,000.00

117. St. Bernard Parish, LA Intermodal

facility improvements ............................... $320,000.00 $330,000.00 $350,000.00

118. Rockville, MD Maryland Avenue and

Market Street Intermodal Access Project $1,280,000.00 $1,320,000.00 $1,400,000.00

119. Detroit, MI Replacement bus facility .. $240,000.00 $247,500.00 $262,500.00

120. Detroit, MI Replacement buses ........... $240,000.00 $247,500.00 $262,500.00

121. Oakland, CA San Francisco Bay

Trail, Oakland Coliseum—Martin Luther

King Jr. Regional Shoreline .................... $288,000.00 $297,000.00 $315,000.00

122. Covina/El Monte/Baldwin Park/Upland, CA Improve parking and station

access at Metrolink stations ..................... $1,184,000.00 $1,221,000.00 $1,295,000.00

123. Bronx, NY Complete Penn Station/

East Side Access Programs. Upgrade

Metro North stations in the Bronx and

construct station at Yankee Stadium ...... $960,000.00 $990,000.00 $1,050,000.00

124. Nashville, TN Downtown Transit

Transfer Facility ...................................... $160,000.00 $165,000.00 $175,000.00

125. Sandy Hook National Park, NJ Connect passengers from lower Manhattan &

other NY/NJ ferry terminals through

construction of a fixed & floating pier ..... $640,000.00 $660,000.00 $700,000.00

126. Long Beach, CA Acquire property and

construct a park and ride structure in

Downtown Long Beach ............................ $320,000.00 $330,000.00 $350,000.00

127. Camden County, NJ Intermodal facility serving critical bus and rail lines to

East and North Camden Neighborhoods $320,000.00 $330,000.00 $350,000.00

128. New York City, NY Purchase Handicapped-Accessible Livery Vehicles ........... $320,000.00 $330,000.00 $350,000.00

129. Glendale, CA CNG Buses .................... $224,000.00 $231,000.00 $245,000.00

130. Las Vegas, NV Construct Las Vegas

Center City Intermodal Transportation

Terminal ................................................... $960,000.00 $990,000.00 $1,050,000.00

131. Middletown, CT Construct intermodal

facility ...................................................... $160,000.00 $165,000.00 $175,000.00

132. Los Angeles County, CA Develop

intermodal centers along the light rail

Foothill Extension .................................... $256,000.00 $264,000.00 $280,000.00

133. Los Angeles, CA Implement parking

and electronic signage improvements on

the Metrolink commuter rail system ........ $640,000.00 $660,000.00 $700,000.00

134. Corvallis, OR Bus Replacement .......... $396,800.00 $409,200.00 $434,000.00

135. Eugene, OR Purchase new buses for

Lane Transit District’s Bus Rapid Transit service ................................................. $1,280,000.00 $1,320,000.00 $1,400,000.00

136. Detroit, MI Mid-Life Vehicle Overhaul $4,608,000.00 $4,752,000.00 $5,040,000.00

137. Torrington, CT Construct bus-related

facility (Northwestern Connecticut Central Transit District) ............................... $640,000.00 $660,000.00 $700,000.00

138. Bronx, NY For the acquisition of

buses to provide service from the Jacobi

Intermodal Center to North Central

Bronx Hospital ........................................ $128,000.00 $132,000.00 $140,000.00

139. Columbia County, OR Purchase buses $44,800.00 $46,200.00 $49,000.00
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140. Yamhill County, OR Construction of

bus shelters and park and ride facilities

in Yamhill County .................................... $21,440.00 $22,110.00 $23,450.00

141. Albany, OR Construct pathway at

Multimodal Transit Station ..................... $128,000.00 $132,000.00 $140,000.00

142. Miami-Dade County, FL County

Buses ........................................................ $1,888,000.00 $1,947,000.00 $2,065,000.00

143. Brownsville, TX Brownsville Urban

System City-Wide Transit Improvement

project ...................................................... $640,000.00 $660,000.00 $700,000.00

144. Sandy City, UT Intermodal Hub and

Station ..................................................... $640,000.00 $660,000.00 $700,000.00

145. Howard County, MD Design and construct Howard County Bus Operation

Repair Facility ......................................... $832,000.00 $858,000.00 $910,000.00

146. Carson, CA Purchase one bus ............. $80,000.00 $82,500.00 $87,500.00

147. Carson, CA Purchase two tripper

buses ........................................................ $160,000.00 $165,000.00 $175,000.00

148. Carson, CA Purchase one trolley-bus

vehicle ....................................................... $80,000.00 $82,500.00 $87,500.00

149. Des Moines, IA Purchase currently

leased 40-foot heavy-duty buses .............. $640,000.00 $660,000.00 $700,000.00

150. Bellflower, CA Conversion of an historic train depot into an intermodal center ............................................................. $88,000.00 $90,750.00 $96,250.00

151. Bellflower, CA Bus shelter improvements ........................................................ $80,000.00 $82,500.00 $87,500.00

152. Albany, GA Bus replacement program $160,000.00 $165,000.00 $175,000.00

153. Sylvester, GA Intermodal Facility:

Construction/restoration of Train Depot

for train, intercity bus, local transit, taxi $96,000.00 $99,000.00 $105,000.00

154. Thomasville, GA Bus Replacement

program .................................................... $64,000.00 $66,000.00 $70,000.00

155. Quitman County, Clay County, Randolph County, and Stewart County, GA:

Regional Rural Transit Bus Project (initiate joint/cooperative rural transit program) ....................................................... $160,000.00 $165,000.00 $175,000.00

156. Albany, GA Multi-modal facility (Construction of local transit transfer station/

garage/office headquarters, intercity bus,

taxi) .......................................................... $320,000.00 $330,000.00 $350,000.00

157. North Carolina expand bus facilities

and buses statewide ................................. $1,680,000.00 $1,732,500.00 $1,837,500.00

158. Charlotte, NC Design and construct

new intermodal facility housing intra-city

buses, inter-city rail and commuter rail.

(West Trade) ............................................ $160,000.00 $165,000.00 $175,000.00

159. Carson/South Bay, CA Construct a

transit center to serve existing routes

and additional MTA lines ........................ $480,000.00 $495,000.00 $525,000.00

160. Compton, CA Construct fuel dispensing facility for the transit CNG bus

fleet .......................................................... $480,000.00 $495,000.00 $525,000.00

161. Compton, CA: Expand existing transit

center in to a multi modal transportation

building .................................................... $992,000.00 $1,023,000.00 $1,085,000.00

162. Los Angeles County, CA Construct

Foothill Transit commuter park-and-ride

facilities in the San Gabriel Valley .......... $256,000.00 $264,000.00 $280,000.00

163. Akron, OH Construct Downtown

Multi-modal Transportation Center ......... $1,280,000.00 $1,320,000.00 $1,400,000.00

164. Elyria, OH Construct the New York

Central Train Station into an intermodal

transportation hub ................................... $655,360.00 $675,840.00 $716,800.00

165. Long Beach, CA Purchase ten clean

fuel busses ................................................ $1,440,000.00 $1,485,000.00 $1,575,000.00

166. Los Angeles, CA Mission College

Transit Center construction ..................... $160,000.00 $165,000.00 $175,000.00
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167. Windfall, NC Purchase of buses ......... $40,000.00 $41,250.00 $43,750.00

168. Montgomery County, MD intermodal

access programs in the Silver Spring and

Wheaton Central Business Districts ........ $320,000.00 $330,000.00 $350,000.00

169. Compton, CA Improve 33 bus stops in

the local transit system and purchase 7

CNG buses ............................................... $518,400.00 $534,600.00 $567,000.00

170. St. Lucie County, FL: Acquisition of

Americans with Disabilities Act compliant buses .................................................. $320,000.00 $330,000.00 $350,000.00

171. Los Angeles, CA California State University Northridge propane-powered tram

service project .......................................... $104,000.00 $107,250.00 $113,750.00

172. Jacksonville, FL: Bus Facility Expansion ........................................................... $640,000.00 $660,000.00 $700,000.00

173. Hampton Roads, VA Develop, design

and build new Hampton Roads Transit

Southside Bus Facility to house bus

fleet, maintenance, warehouse, and administrative functions .............................. $640,000.00 $660,000.00 $700,000.00

174. Phoenix, AZ West Phoenix Bus Facility ............................................................. $1,920,000.00 $1,980,000.00 $2,100,000.00

175. Phoenix, AZ Phoenix Heavy Bus Facility ......................................................... $320,000.00 $330,000.00 $350,000.00

176. Phoenix, AZ Phoenix Dial-a-Ride Operating Facility ........................................ $320,000.00 $330,000.00 $350,000.00

177. Trenton, NJ Reconstruction and rehabilitation of the Trenton Train Station ... $2,352,000.00 $2,425,500.00 $2,572,500.00

178. La Crosse, WI Transit Center and

Bus Replacement ..................................... $160,000.00 $165,000.00 $175,000.00

179. Eau Claire, WI Transfer Center and

Vehicle Replacement ................................ $160,000.00 $165,000.00 $175,000.00

180. Lowell, MA Lowell Regional Transit

Authority transit buses ............................ $864,000.00 $891,000.00 $945,000.00

181. Calexico, CA Purchase new buses for

the Calexico Transit System .................... $160,000.00 $165,000.00 $175,000.00

182. San Francisco, CA Redesign and renovate intermodal facility at Glen Park

Community ............................................... $1,056,000.00 $1,089,000.00 $1,155,000.00

183. Cleveland, OH Buses and bus-related

facilities .................................................... $64,000.00 $66,000.00 $70,000.00

184. Cleveland, OH Construct intermodal

facility ...................................................... $288,000.00 $297,000.00 $315,000.00

185. Cleveland, OH Construct intermodal

facility on Euclid Avenue ......................... $160,000.00 $165,000.00 $175,000.00

186. Berkeley/Oakland, CA AC Transit Bus

Rapid Transit, bus shelters & intelligent

systems, Berkeley-Oakland corridor

project ...................................................... $640,000.00 $660,000.00 $700,000.00

187. Gardena, CA Purchase of alternate

fuel buses for service expansion, on-board

security system and bus facility training

equipment ................................................. $1,565,571.84 $1,614,495.96 $1,712,344.20

188. Wilmington, NC A multi-modal center

for rail station and downtown hub for

city and intercity bus services .................. $240,000.00 $247,500.00 $262,500.00

189. Westchester County, NY Acquisition

of clean fuel buses .................................... $80,000.00 $82,500.00 $87,500.00

190. Pleasant Hill, CA Construct Diablo

Valley College Bus Transit Center .......... $480,000.00 $495,000.00 $525,000.00

191. Rock Island, IL Construct bus and

bus-related facilities ................................. $160,000.00 $165,000.00 $175,000.00

192. Beckley, WV Beckley Intermodal

Gateway, pursuant to the eligibility provisions for projects listed under section

3030(d)(3) of P.L. 105–178 .................... $7,680,000.00 $7,920,000.00 $8,400,000.00

193. Newark, NJ Newark Penn Station

Intermodal Improvements including the

rehabilitation of boarding areas ............... $320,000.00 $330,000.00 $350,000.00
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194. San Francisco, CA Construct

Transbay Terminal .................................. $4,480,000.00 $4,620,000.00 $4,900,000.00

195. Bronx, NY Conduct a study to construct an intermodal facility in Riverdale/

Kingsbridge .............................................. $112,000.00 $115,500.00 $122,500.00

196. Philadelphia, PA Philadelphia Zoo

Intermodal Transportation project entailing parking consolidation, pedestrian

walkways, public transportation complements, and landscape improvements to

surface parking lots. ................................ $2,211,672.00 $2,280,786.75 $2,419,016.25

197. Thurston County, WA Purchase buses

to replace existing equipment and expand

service ...................................................... $288,000.00 $297,000.00 $315,000.00

198. Gresham, OR Construction of a light

rail station, bus, bicycle and parking

plaza facilities, and in support of transitoriented development ............................... $480,000.00 $495,000.00 $525,000.00

199. New Jersey, Passaic Valley Intermodal

and Parking Facilities ............................. $1,600,000.00 $1,650,000.00 $1,750,000.00

200. Denver, CO Construct intermodal center at Denver Union Station .................... $3,200,000.00 $3,300,000.00 $3,500,000.00

201. Corpus Christi, TX Corpus Regional

Transit Authority for maintenance facility improvements ...................................... $640,000.00 $660,000.00 $700,000.00

202. Albany, OR Rehabilitate building at

Multimodal Transit Station ..................... $281,600.00 $290,400.00 $308,000.00

203. Alameda, CA Planning, design, construction of an aerial tramway at the

former Naval Air Station on Alameda

Point to Oakland BART .......................... $640,000.00 $660,000.00 $700,000.00

204. Union City, CA Grade separation to

provide new vehicle, pedestrian, and bike

access to BART ....................................... $800,000.00 $825,000.00 $875,000.00

205. Westchester County, NY Replacement

of buses in Westchester’s Beeline fleet .... $1,200,000.00 $1,237,500.00 $1,312,500.00

206. Livermore, CA Construct Bus Facility

for Livermore Amador Valley Transit

Authority .................................................. $720,000.00 $742,500.00 $787,500.00

207. Martinez, CA Martinez Intermodal

Facility Depot restoration ........................ $320,000.00 $330,000.00 $350,000.00

208. San Juan, PR Purchase of 27 new

buses for replacement and service expansion ........................................................... $960,000.00 $990,000.00 $1,050,000.00

209. San Juan, PR Purchase of security

cameras on board 404 buses .................... $320,000.00 $330,000.00 $350,000.00

210. Flint, MI Purchase new and replacement vehicles for expanded job related

service. Flint MTA ................................... $160,000.00 $165,000.00 $175,000.00

211. Sonoma County, CA Purchase CNG

buses ........................................................ $160,000.00 $165,000.00 $175,000.00

212. Arlington, VA Improve pedestrian access, construct shelters, and purchase

buses to improve service along Columbia

Pike corridor ............................................ $1,600,000.00 $1,650,000.00 $1,750,000.00

213. Santa Clara County, CA Purchase 6

hydrogen fuel-cell buses, installation of

fuel station, and modification of existing

facilities for the new technology .............. $1,024,000.00 $1,056,000.00 $1,120,000.00

214. Los Angeles, CA Improve Wilshire

Vermont transit station to provide improved pedestrian and intermodal access $320,000.00 $330,000.00 $350,000.00

215. Indianapolis, IN Create downtown

transit center for the intra-city bus system ........................................................... $5,192,000.00 $5,354,250.00 $5,678,750.00

216. Fairfax, VA Construct transit center

and improve service and pedestrian and

passenger access on Richmond Highway $640,000.00 $660,000.00 $700,000.00
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217. Alexandria, VA Purchase buses and

relocate WMATA’s 58-year old Royal

Street garage ........................................... $640,000.00 $660,000.00 $700,000.00

218. Bar Harbor, ME Purchase new buses

to enhance commuting near the Jackson

Labs ......................................................... $96,000.00 $99,000.00 $105,000.00

219. Los Angeles, CA Los Angeles City

College Red Line Pedestrian Connector

Project to improve pedestrian access ....... $400,000.00 $412,500.00 $437,500.00

220. Stanwood, WA Terry’s Corner Park

and Ride ................................................... $336,000.00 $346,500.00 $367,500.00

221. Denver, CO Construct intermodal facility at Stapleton as part of FasTracks

project ...................................................... $640,000.00 $660,000.00 $700,000.00

222. Alexandria, VA Construct shelters,

walkways and traffic light signals in Eisenhower Avenue area to increase bus

ridership and improve connectivity to

Metrorail stations ..................................... $800,000.00 $825,000.00 $875,000.00

223. Island County, WA Island Transit

Capital Improvements .............................. $768,000.00 $792,000.00 $840,000.00

224. Kansas City, MO Regional Bus rapid

transit system .......................................... $640,000.00 $660,000.00 $700,000.00

225. Pittsburgh, PA For the purchase of

clean fuel buses ........................................ $160,000.00 $165,000.00 $175,000.00

226. Burbank, CA Construction of the Empire Area Transit Center near the Burbank/Pasadena/Glendale Airport ............. $320,000.00 $330,000.00 $350,000.00

227. New Orleans, LA Plan and construct

New Orleans Union Passenger Terminal

intermodal facilities .................................. $320,000.00 $330,000.00 $350,000.00

228. Kansas City, MO Bus transit infrastructure ................................................... $160,000.00 $165,000.00 $175,000.00

229. Dallas, TX Bus Passenger Facilities

for Dallas Area Rapid Transit: shelters,

benches, and bus stop improvements ....... $3,200,000.00 $3,300,000.00 $3,500,000.00

230. Los Angeles, CA Reseda Blvd. Bus

Rapid Transit Route, a small-start

project already begun by the LA MTA ... $320,640.00 $330,660.00 $350,700.00

231. Monterey Park, CA Safety improvements at a bus stop including creation of

bus loading areas and street improvements ........................................................ $544,000.00 $561,000.00 $595,000.00

232. Washington, DC Purchase of clean

fuel transit buses and improved passenger facilities including bus system

maps, dynamic bus arrival indicators and

improved bus stop signage ....................... $6,400,000.00 $6,600,000.00 $7,000,000.00

233. Cheltenham Township, PA Glenside

Rail Station Parking Garage project involving the construction of a 300–400

space parking lot @ Easton Road and

Glenside Avenue ....................................... $544,000.00 $561,000.00 $595,000.00

234. San Mateo County, CA Install security

cameras for buses and passenger stations $384,000.00 $396,000.00 $420,000.00

235. Torrance, CA Acquisition of EPA and

CARB-certified, low emission replacement buses ............................................... $1,280,000.00 $1,320,000.00 $1,400,000.00

236. Portland, OR Renovation of Union

Station, including structural reinforcement and public safety upgrades ............. $32,000.00 $33,000.00 $35,000.00

237. Long Beach, CA Install security cameras on busses .......................................... $320,000.00 $330,000.00 $350,000.00

238. Pittsburgh, PA North Shore improvements. Funding for the West End Bridge

improvements, Intermodal Transportation Center, Brighton Road, Canal and

Market Streets ......................................... $320,000.00 $330,000.00 $350,000.00
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239. Los Angeles, CA Expand intermodal

center at California State University to

accommodate additional buses, ADA improvements, upgrade lighting ................... $320,000.00 $330,000.00 $350,000.00

240. Cleveland, OH Construct intermodal

center and bus facilities at Euclid Avenue

and East 96th Street ............................... $640,000.00 $660,000.00 $700,000.00

241. Brockton, MA Bus replacement for

the Brockton Area Transit Authority

(BA4T) .................................................... $480,000.00 $495,000.00 $525,000.00

242. Sacramento, CA Improvements to bus

facilities .................................................... $1,600,000.00 $1,650,000.00 $1,750,000.00

243. Orange County, CA Purchase intercounty express buses for Orange County

Transportation Authority ........................ $320,000.00 $330,000.00 $350,000.00

244. New Jersey, Community Shuttle

Buses ........................................................ $640,000.00 $660,000.00 $700,000.00

245. Nacogdoches, TX Bus fleet vehicle replacement for the Brazos Transit District $320,000.00 $330,000.00 $350,000.00

246. Lufkin, TX Bus fleet vehicle replacement for the Brazos Transit District ...... $320,000.00 $330,000.00 $350,000.00

247. Burbank, CA Burbank Regional Intermodal Transportation Center – Chandler

Bikeway Extension ................................... $252,800.00 $260,700.00 $276,500.00

248. Miramar, FL Miramar Transit Hub ... $320,000.00 $330,000.00 $350,000.00

249. Atlanta, GA Redevelopment of the

Metro Atlanta Rapid Transit Authority

Hamilton bus facility to support clean

fuel buses ................................................. $1,894,400.00 $1,953,600.00 $2,072,000.00

250. Rockport, MA Improvements to Rockport Station including station renovations, barrier free access, and expanded

parking ..................................................... $768,000.00 $792,000.00 $840,000.00

251. Cleveland, OH Construct intermodal

facility, East Side Transit Authority ....... $1,920,000.00 $1,980,000.00 $2,100,000.00

252. Grants Pass, OR Purchase vehicles for

use by Josephine Community Transit ..... $54,720.00 $56,430.00 $59,850.00

253. Plantation, FL Construction of the

Central Plantation Transit Greenway

System ...................................................... $512,000.00 $528,000.00 $560,000.00

254. Oakland, CA Pedestrian and bicycleoriented improvements at four BART

Transit Villages ........................................ $320,000.00 $330,000.00 $350,000.00

255. Santa Monica, CA Purchase and service Liquid Natural Gas buses for Santa

Monica Big Blue Bus to service increased

ridership and reduce emissions ................ $1,280,000.00 $1,320,000.00 $1,400,000.00

256. Broward County, FL Buses and bus

facilities .................................................... $3,760,000.00 $3,877,500.00 $4,112,500.00

257. Glendale, CA Glendale Beeline Bus/

Trolley System ......................................... $416,000.00 $429,000.00 $455,000.00

258. Baldwin Park, CA Construct vehicle

and bicycle parking lot at and pedestrian

rest area at transit center ........................ $96,000.00 $99,000.00 $105,000.00

259. Baldwin Park, CA Construct new sidewalks, lighting, and curbs between

Metrolink station and downtown ............. $160,000.00 $165,000.00 $175,000.00

260. Buses and bus related facilities

throughout the State of Connecticut ....... $1,920,000.00 $1,980,000.00 $2,100,000.00

261. Hartford, CT Buses and bus-related

facilities .................................................... $1,280,000.00 $1,320,000.00 $1,400,000.00

262. New Jersey, Intermodal passenger

transportation deployment initiative for

Passaic-Bergen DMU demonstration program ......................................................... $3,200,000.00 $3,300,000.00 $3,500,000.00

263. Santa Monica, CA Construction of

intermodal facility and purchase and

service of buses for joint Santa Monica

College and community transit service .... $720,000.00 $742,500.00 $787,500.00
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264. Los Angeles, CA Improve transit shelters, sidewalks and landscaping around

Cedar’s-Sinai Medical Center .................. $240,000.00 $247,500.00 $262,500.00

265. Nassau County, NY Intermodal transportation improvements for the Nassau

HUB ........................................................ $2,240,000.00 $2,310,000.00 $2,450,000.00

266. Memphis, TN Memphis South Intermodal Center will be a major connection

point for local bus, intercity bus, automobiles and airport transportation .......... $960,000.00 $990,000.00 $1,050,000.00

267. Tampa, FL Purchase replacement

buses and vanpools .................................. $160,000.00 $165,000.00 $175,000.00

268. San Jose, CA Reconstruct Santa

Clara Valley Transportation Authority’s

Cerone Operating Division Facilities ....... $1,600,000.00 $1,650,000.00 $1,750,000.00

269. Belle Glade, FL Construction and

Land Acquisition of a Combined Passenger Transfer and Maintenance/Operations Facility .......................................... $960,000.00 $990,000.00 $1,050,000.00

270. Denver, CO Construct bus maintenance facility ............................................ $320,000.00 $330,000.00 $350,000.00

271. Rhode Island Bus purchase and park

& ride facilities ......................................... $320,000.00 $330,000.00 $350,000.00

272. Monterey Park, CA Monterey Park

Busline Intelligent Transit Information

system ...................................................... $192,000.00 $198,000.00 $210,000.00

273. Providence, RI Expansion of RIPTA

Elmwood Facility for Paratransit Maintenance ..................................................... $960,000.00 $990,000.00 $1,050,000.00

274. Johnson County, KS Bus and bus-related facilities (I–35 Corridor) ................. $640,000.00 $660,000.00 $700,000.00

275. Santa Fe, NM Purchase Santa Fe

Trails Downtown Transit Center buses,

support vehicles, paratransit vehicles, and

six trolley buses for downtown shuttle

service ...................................................... $320,000.00 $330,000.00 $350,000.00

276. Milwaukee County, WI Milwaukee

County bus replacements ......................... $1,280,000.00 $1,320,000.00 $1,400,000.00

277. South San Francisco, CA Construct

ferry terminal at Oyster Point to provide

ferry service from San Francisco by

Water Transit Authority .......................... $1,920,000.00 $1,980,000.00 $2,100,000.00

278. Niles, OH Bus and bus-related facilities ............................................................ $240,000.00 $247,500.00 $262,500.00

279. Rhode Island Bus Replacement .......... $1,280,000.00 $1,320,000.00 $1,400,000.00

280. San Diego, CA Construct intermodal

transportation management center to improve coordination, efficiency and security ........................................................... $960,000.00 $990,000.00 $1,050,000.00

281. Las Vegas, NV Construct North Las

Vegas Boulevard Intermodal Transportation Terminal ........................................ $960,000.00 $990,000.00 $1,050,000.00

282. Lawrence, MA Parking and drainage

related to a Regional Intermodal Center $1,920,000.00 $1,980,000.00 $2,100,000.00

283. Richmond, VA Bus Operation and

Maintenance Facility for Greater Richmond Transit Company ........................... $480,000.00 $495,000.00 $525,000.00

284. Attleboro, MA Multimodal transit hub,

including central bus terminal, commuter

park-and-ride garage, and improved access to commuter rail ............................... $640,000.00 $660,000.00 $700,000.00

285. Miami Dade County, FL N.W. 7th

Avenue Transit Hub ................................ $1,440,000.00 $1,485,000.00 $1,575,000.00

286. Haverhill, MA Commuter rail parking $320,000.00 $330,000.00 $350,000.00

287. Los Angeles, CA Install permanent irrigation system and enhanced landscaping on San Fernando Valley bus

rapid transitway ....................................... $960,000.00 $990,000.00 $1,050,000.00
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288. St. Paul, MN Union Depot

Multimodal Transportation Hub ............. $2,240,000.00 $2,310,000.00 $2,450,000.00

289. Gainesville, FL Bus Replacement ....... $2,560,000.00 $2,640,000.00 $2,800,000.00

290. Salem, MA Design and Construction

of station with 700–1000 parking spaces,

bus layover facility, including pedestrianvehicle access ............................................ $640,000.00 $660,000.00 $700,000.00

291. Richmond, VA Main Street Station

project ...................................................... $352,000.00 $363,000.00 $385,000.00

292. Jacksonville, FL Bus Replacement ..... $2,240,000.00 $2,310,000.00 $2,450,000.00

293. Monmouth County, NJ Construction

of main bus facility for Freehold Township, including a terminal and repair

shop .......................................................... $640,000.00 $660,000.00 $700,000.00

294. Falls Church, VA Design and build an

intermodal transit center in downtown

Falls Church ............................................ $640,000.00 $660,000.00 $700,000.00

295. Beverly, MA Construction of a 500

space parking garage adjacent to the

Beverly depot ........................................... $640,000.00 $660,000.00 $700,000.00

296. San Fernando, CA Construct CNG

fueling station and other related infrastructure ................................................... $416,000.00 $429,000.00 $455,000.00

297. Rialto, CA Expansion parking lot at

Metrolink station in Rialto ...................... $224,000.00 $231,000.00 $245,000.00

298. El Paso, TX Purchase of buses for the

SMART Starter service ........................... $800,000.00 $825,000.00 $875,000.00

299. Luzerne County, PA For the acquisition of new public transportation vehicles, includes buses and trolleys ............... $160,000.00 $165,000.00 $175,000.00

300. San Antonio, TX VIA Metropolitan

Transit - Purchase of new buses to replace the aging bus fleet and paratransit

vans and upgrade of the bus maintenance

facility ...................................................... $2,240,000.00 $2,310,000.00 $2,450,000.00

301. New York City, NY New Urban Center – Broadway Junction Intermodal Facility ......................................................... $307,200.00 $316,800.00 $336,000.00

302. Jacksonville, FL Paratransit Program $1,600,000.00 $1,650,000.00 $1,750,000.00

303. Las Vegas, NV Construct Las Vegas

WestCare Intermodal Facility ................. $160,000.00 $165,000.00 $175,000.00

304. Chicago, IL Construct intermodal facility at 35th Street at Metra Red Line .. $1,536,000.00 $1,584,000.00 $1,680,000.00

305. San Diego, CA Widen sidewalks and

bus stop entrance, and provide diagonal

parking, in the Skyline-Paradise Hills

neighborhood ............................................ $64,000.00 $66,000.00 $70,000.00

306. Culver City, CA Expand natural gas

fuel facility, purchase CNG buses ........... $1,204,049.28 $1,241,675.82 $1,316,928.90

307. Mukilteo, WA Mukilteo Multimodal

Terminal ................................................... $1,856,000.00 $1,914,000.00 $2,030,000.00

308. S. Amboy, NJ Improvements to the

rail, bus passenger, parking facilities at

S. Amboy station ..................................... $2,560,000.00 $2,640,000.00 $2,800,000.00

309. Detroit, MI Two new garage and fuel

facilities for Compressed Natural Gas

buses ........................................................ $160,000.00 $165,000.00 $175,000.00

310. Chicago, IL Feasibility study for

intermodal station on the Metra Rock Island near Kennedy-King College ............. $160,000.00 $165,000.00 $175,000.00

311. Detroit, MI Timed Transfer Center,

providing child care centers at transit

transfer facilities ...................................... $3,008,000.00 $3,102,000.00 $3,290,000.00

312. Pottsville, PA Union Street Trade and

Transfer Center Intermodal Facility ....... $640,000.00 $660,000.00 $700,000.00

313. Detroit, MI Bus Purchase ................... $416,000.00 $429,000.00 $455,000.00

314. Atlanta, GA Multi Modal Terminal for

Amtrak, high speed trains, and commuter buses in downtown Atlanta ........... $1,280,000.00 $1,320,000.00 $1,400,000.00
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Project FY 05 FY 06 FY 07

315. Richmond, CA Design and construct

transit structure for Richmond BART

station ...................................................... $1,280,000.00 $1,320,000.00 $1,400,000.00

316. Baltimore, MD Studies, planning and

construction of Intermodal Terminal ....... $1,600,000.00 $1,650,000.00 $1,750,000.00

317. City of Norwalk, CA EPA and CARB

certified low emission replacement & expansion buses; develop parking facility

for users of LAX airport ......................... $224,000.00 $231,000.00 $245,000.00

318. Los Angeles, CA Expand Bus Rapid

Transit on Crenshaw Blvd ....................... $2,185,390.72 $2,253,684.18 $2,390,271.10

319. City of Montebello, CA Replace 16

eighteen-year-old diesel fueled bus with

hybrid gas fueled bus ............................... $320,000.00 $330,000.00 $350,000.00

320. Tidewater, VA Eastern Seaboard

Intermodal Transportation Application

Center at Hampton University ................ $448,000.00 $462,000.00 $490,000.00

321. Los Angeles, CA Purchase of clean

fuel buses to improve bus service in

South Los Angeles ................................... $837,628.16 $863,804.04 $916,155.80

322. Revere, MA Design and construction

of an MBTA commuter rail stop and

parking garage ......................................... $1,280,000.00 $1,320,000.00 $1,400,000.00

323. Woburn, MA Expansion of commuter

parking spaces at the MBTA Transit Facility ......................................................... $480,000.00 $495,000.00 $525,000.00

324. Charlotte, NC Design and construct

new bus garage to support expansion of

regional bus system .................................. $416,000.00 $429,000.00 $455,000.00

325. Salem, OR Keizer Transit, bus and

bus facilities ............................................. $640,000.00 $660,000.00 $700,000.00

326. Tillamook County, OR Construction of

a transit facility ....................................... $32,000.00 $33,000.00 $35,000.00

327. Canby, OR bus replacement and bus

facilities .................................................... $48,000.00 $49,500.00 $52,500.00

328. Wilsonville, OR South Metro Area Regional Transit, bus and bus facilities ...... $80,000.00 $82,500.00 $87,500.00

329. Lincoln County, OR bus replacement $80,000.00 $82,500.00 $87,500.00

330. Molalla, OR South Clackamas Transportation District, bus replacement and

expansion of service ................................. $32,000.00 $33,000.00 $35,000.00

331. Chicago, IL Construct intermodal facility at Sheridan Road and Loyola Avenue ........................................................... $96,000.00 $99,000.00 $105,000.00

332. Philadelphia, PA PCDC Pedestrian facilities, safety improvements, and motor

vehicle access along Market St. Elevated

Rail project. ............................................. $608,000.00 $627,000.00 $665,000.00

333. Davis, CA Provide additional parking

and enhancement to entrance of the

Davis Multi-modal station ....................... $480,000.00 $495,000.00 $525,000.00

334. Woodland, CA Improve Yolobus Administration and Maintenance Facilities $800,000.00 $825,000.00 $875,000.00

335. Albany/Schenectady, NY Bus Facility

Improvements in NY–5 Corridor ............. $320,000.00 $330,000.00 $350,000.00

336. Jersey City, NJ Newport Station

Intermodal Improvements ........................ $640,000.00 $660,000.00 $700,000.00

337. Galveston County, TX Intermodal facility to include bus and car parking ....... $320,000.00 $330,000.00 $350,000.00

338. Maywood, IL Purchase buses .............. $14,400.00 $14,850.00 $15,750.00

339. Galveston, TX Galveston Intermodal

facility ...................................................... $1,440,000.00 $1,485,000.00 $1,575,000.00

340. Elizabeth, NJ Bus Shelters ................. $320,000.00 $330,000.00 $350,000.00

341. Hingham, MA Hingham Marine Intermodal Center Improvements: Enhance

public transportation infrastructure/parking ............................................................ $2,880,000.00 $2,970,000.00 $3,150,000.00
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Project FY 05 FY 06 FY 07

342. New York City, NY First Phase Implementation of Bus Rapid Transit System ........................................................... $320,000.00 $330,000.00 $350,000.00

343. Galveston, TX Relocation of rail facilities ............................................................ $480,000.00 $495,000.00 $525,000.00

344. Bronx, NY Establishment of a new

intermodal facility near Exit 6 of the

Bronx River Parkway .............................. $80,000.00 $82,500.00 $87,500.00

345. Berkeley, CA Ed Roberts Campus:

Intermodal transit center above Ashby

BART station providing multiple services

for disabled people ................................... $960,000.00 $990,000.00 $1,050,000.00

346. Niagara Falls, NY Relocation and Development of Niagara Falls International

Railway Station/Intermodal Transportation Center ............................................ $960,000.00 $990,000.00 $1,050,000.00

347. Mountlake Terrace, WA Community

Transit’s Snohomish County Park and

Ride Expansion Program ......................... $960,000.00 $990,000.00 $1,050,000.00

348. Town of North Hempstead, NY Acquisition and expansion of commuter parking field adjacent to Albertson train station ........................................................... $320,000.00 $330,000.00 $350,000.00

349. Babylon, NY Design and construction

of intermodal transit facility in

Wyandanch ............................................... $1,040,000.00 $1,072,500.00 $1,137,500.00

350. Suffolk County, NY Purchase four

handicapped accessible vans in Northport $83,200.00 $85,800.00 $91,000.00

351. Piti, GU Construct Cabras Island

Intermodal Facility .................................. $1,600,000.00 $1,650,000.00 $1,750,000.00

352. Lake Charles, LA Bus and bus related

facilities .................................................... $320,000.00 $330,000.00 $350,000.00

353. Normal, IL: Multimodal Transportation Center ............................................ $1,600,000.00 $1,650,000.00 $1,750,000.00

354. Champaign, IL: University of Illinois

Research Park park and ride/daycare facility ......................................................... $480,000.00 $495,000.00 $525,000.00

355. Mattoon, IL: Historic railroad depot/

intermodal center ..................................... $480,000.00 $495,000.00 $525,000.00

356. Jesup, GA: Historic depot and bus

station rehabilitation ................................ $320,000.00 $330,000.00 $350,000.00

357. Renaissance Square, NY: Intermodal

center, below grade transit center with

association joint development, including

community college and performing arts

center ....................................................... $2,240,000.00 $2,310,000.00 $2,450,000.00

358. Boysville of Michigan—Vans purchase $1,075,200.00 $1,108,800.00 $1,176,000.00

359. State of Wisconsin buses and bus facilities ....................................................... $9,600,000.00 $9,900,000.00 $10,500,000.00

1 SEC. 3039. NATIONAL FUEL CELL BUS TECHNOLOGY DE2 VELOPMENT PROGRAM.

3 (a) ESTABLISHMENT.—The Secretary shall establish

4 a national fuel cell bus technology development program

5 (in this section referred to as the ‘‘program’’) to facilitate
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1 the development of commercially viable fuel cell bus tech2 nology and related infrastructure.

3 (b) GENERAL AUTHORITY.—The Secretary may

4 enter into grants, contracts, and cooperative agreements

5 with no more than 4 geographically diverse nonprofit orga6 nizations and recipients under chapter 53 of title 49,

7 United States Code, to conduct fuel cell bus technology

8 and infrastructure projects under the program.

9 (c) GRANT CRITERIA.—In selecting applicants for

10 grants under the program, the Secretary shall consider the

11 applicant’s—

12 (1) ability to contribute significantly to fur13 thering fuel cell technology as it relates to transit

14 bus operations, including hydrogen production, en15 ergy storage, fuel cell technologies, vehicle systems

16 integration, and power electronics technologies;

17 (2) financing plan and cost share potential;

18 (3) fuel cell technology to ensure that the pro19 gram advances different fuel cell technologies, in20 cluding hydrogen-fueled and methanol-powered liq21 uid-fueled fuel cell technologies, that may be viable

22 for public transportation systems; and

23 (4) other criteria that the Secretary determines

24 are necessary to carry out the program.
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1 (d) COMPETITIVE GRANT SELECTION.—The Sec2 retary shall conduct a national solicitation for applications

3 for grants under the program. Grant recipients shall be

4 selected on a competitive basis. The Secretary shall give

5 priority consideration to applicants that have successfully

6 managed advanced transportation technology projects, in7 cluding projects related to hydrogen and fuel cell public

8 transportation operations for a period of not less than 10

9 years.

10 (e) FEDERAL SHARE.—The Federal share of costs of

11 the program shall be provided from funds made available

12 to carry out this section. The Federal share of the cost

13 of a project carried out under the program shall not exceed

14 50 percent of such cost.

15 (f) GRANT REQUIREMENTS.—A grant under this sec16 tion shall be subject to—

17 (1) all terms and conditions applicable to a

18 grant made under section 5309 of title 49, United

19 States Code; and

20 (2) such other terms and conditions as are de21 termined by the Secretary.

22 SEC. 3040. HIGH-INTENSITY SMALL-URBANIZED AREA FOR23 MULA GRANT PROGRAM.

24 (a) DEFINITIONS.—In this section, the following defi25 nitions apply:
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1 (1) ELIGIBLE AREA.—The term ‘‘eligible area’’

2 means an urbanized area with a population of less

3 than 200,000 that meets or exceeds in one or more

4 performance categories the industry average for all

5 urbanized areas with a population of at least

6 200,000 but not more than 999,999, as determined

7 by the Secretary in accordance with subsection

8 (c)(2).

9 (2) PERFORMANCE CATEGORY.—The term

10 ‘‘performance category’’ means each of the following:

11 (A) Passenger miles traveled per vehicle

12 revenue mile.

13 (B) Passenger miles traveled per vehicle

14 revenue hour.

15 (C) Vehicle revenue miles per capita.

16 (D) Vehicle revenue hours per capita.

17 (E) Passenger miles traveled per capita.

18 (F) Passengers per capita.

19 (b) GENERAL AUTHORITY.—In order to address the

20 needs of small urbanized areas with unusually high levels

21 of public transportation service, the Secretary shall make

22 capital and operating grants under this section to eligible

23 recipients described in subsection (d) for use in eligible

24 areas.

25 (c) APPORTIONMENT.—
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1 (1) APPORTIONMENT FORMULA.—Funds made

2 available for grants under this section in a fiscal

3 year shall be apportioned among eligible areas in the

4 ratio that—

5 (A) the number of performance categories

6 for which each eligible area meets or exceeds

7 the industry average in urbanized areas with a

8 population of at least 200,000 but not more

9 than 999,999; bears to

10 (B) the aggregate number of performance

11 categories for which all eligible areas meet or

12 exceed the industry average in urbanized areas

13 with a population of at least 200,000 but not

14 more than 999,999.

15 (2) DATA USED IN FORMULA.—The Secretary

16 shall calculate apportionments under this subsection

17 for a fiscal year using data from the national transit

18 database used to calculate apportionments for that

19 fiscal year under section 5336 of title 49, United

20 States Code.

21 (d) ELIGIBLE RECIPIENT.—Grant amounts appor22 tioned to an eligible area under this section shall be made

23 available to a public transportation agency or other gov24 ernmental entity in the eligible area for obligation in the

25 eligible area.
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1 (e) GOVERNMENT’S SHARE OF COSTS.—

2 (1) CAPITAL GRANTS.—A grant for a capital

3 project under this section (including associated cap4 ital maintenance items) shall be for 80 percent of

5 the net capital costs of the project, as determined by

6 the Secretary. The recipient may provide additional

7 local matching amounts for such projects.

8 (2) OPERATING GRANTS.—A grant under this

9 section for operating assistance may not exceed 50

10 percent of the net operating costs of the project, as

11 determined by the Secretary.

12 (3) REMAINDER.—The remainder of the net

13 project costs may be provided from an undistributed

14 cash surplus, a replacement or depreciation cash

15 fund or reserve, or new capital.

16 (f) PERIOD OF AVAILABILITY.—Funds apportioned

17 under this section to an eligible area shall remain available

18 for obligation in that eligible area for a period of 3 years

19 after the last day of the fiscal year for which the funds

20 are apportioned. Any amounts so apportioned that remain

21 unobligated at the end of that period shall be added to

22 the amount that may be apportioned under this section

23 in the next fiscal year.

24 (g) APPLICATION OF OTHER SECTIONS.—Sections

25 5302, 5318, 5323, 5332, 5333, and 5336(e) of title 49,
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1 United States Code, apply to this section and to a grant

2 made under this section.

3 (h) FUNDING.—Of the amounts made available to

4 carry out section 5307 of title 49, United States Code,

5 $35,000,000 for fiscal year 2004, $38,000,000 for fiscal

6 year 2005, $41,000,000 for fiscal year 2006, $44,000,000

7 for fiscal year 2007, $47,000,000 for fiscal year 2008, and

8 $50,000,000 for fiscal year 2009 shall be available to

9 carry out this section.

10 (i) TECHNICAL AMENDMENTS.—Section 5336 is

11 amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘of this title’’ and inserting

14 ‘‘to carry out section 5307’’; and

15 (B) in paragraph (2) by inserting before

16 the period at the end the following: ‘‘, except

17 that the amount apportioned to the Anchorage

18 urbanized area under subsection (b) shall be

19 available to the Alaska Railroad for any costs

20 related to its passenger operations’’;

21 (2) in subsection (b)(1) by inserting ‘‘and the

22 Alaska Railroad passenger operations’’ after ‘‘recipi23 ent’’;
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1 (3) in subsection (j) by striking ‘‘a grant made

2 under’’ each place it appears and inserting ‘‘a grant

3 made with funds apportioned under’’; and

4 (4) in subsection (k)(1) by striking ‘‘section

5 5302(a)(13) of this title’’ and inserting ‘‘section

6 5302(a)’’.

7 SEC. 3041. ALLOCATIONS FOR NATIONAL RESEARCH AND

8 TECHNOLOGY PROGRAMS.

9 (a) IN GENERAL.—Amounts appropriated pursuant

10 to section 5338(d) of title 49, United States Code, for na11 tional research and technology programs under sections

12 5312, 5314, and 5322 of such title shall be allocated by

13 the Secretary as follows:

14 (1) SAFETY AND EMERGENCY PREPARED15 NESS.—

16 (A) IN GENERAL.—For carrying out safety

17 and emergency preparedness research activities

18 consisting of technical assistance, training, and

19 data analysis and reporting to improve public

20 transportation system safety and security and

21 emergency preparedness—

22 (i) $6,500,000 for fiscal year 2004;

23 (ii) $7,000,000 for fiscal year 2005;

24 (iii) $7,400,000 for fiscal year 2006;

25 (iv) $7,800,000 for fiscal year 2007;
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1 (v) $8,200,000 for fiscal year 2008;

2 and

3 (vi) $8,700,000 for fiscal year 2009.

4 (B) PUBLIC TRANSPORTATION NATIONAL

5 SECURITY STUDY.—

6 (i) IN GENERAL.—Not later than 6

7 months after the date of enactment of this

8 Act, the Secretary shall enter into an

9 agreement with the National Academy of

10 Sciences to conduct a study and evaluation

11 of the value major public transportation

12 systems in the United States serving the

13 38 urbanized areas that have a population

14 of more than 1,000,000 individuals provide

15 to the Nation’s security and the ability of

16 such systems to accommodate the evacu17 ation, egress or ingress of people to or

18 from critical locations in times of emer19 gency.

20 (ii) ALTERNATIVE ROUTES.—For each

21 system described in clause (i) the study

22 shall identify—

23 (I) potential alternative routes

24 for evacuation using other transpor-
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1 tation modes such as highway, air,

2 marine, and pedestrian activities; and

3 (II) transit routes that, if dis4 rupted, do not have sufficient transit

5 alternatives available.

6 (iii) REPORT.—Not later than 24

7 months after the date of entry into the

8 agreement, the Academy shall submit to

9 the Secretary and the Committee on

10 Transportation and Infrastructure of the

11 House of Representatives and the Com12 mittee on Banking, Housing and Urban

13 Affairs of the Senate a final report on the

14 results of the study and evaluation, to15 gether with such recommendations as the

16 Academy considers appropriate.

17 (iv) FUNDING.—Of the amounts made

18 available under section 5338(d) of title 49,

19 United States Code, $250,000 shall be

20 available for each of fiscal years 2005 and

21 2006 to carry out this subparagraph.

22 (2) EQUIPMENT AND INFRASTRUCTURE.—For

23 carrying out equipment and infrastructure research

24 activities on public transportation and infrastructure
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1 technologies and methods and voluntary industry

2 standards development—

3 (A) $5,450,000 for fiscal year 2004;

4 (B) $5,700,000 for fiscal year 2005;

5 (C) $6,200,000 for fiscal year 2006;

6 (D) $6,550,000 for fiscal year 2007;

7 (E) $6,900,000 for fiscal year 2008; and

8 (F) $7,200,000 for fiscal year 2009.

9 (3) PUBLIC TRANSPORTATION OPERATIONS EF10 FICIENCY.—For carrying out public transportation

11 operations efficiency research activities on high-per12 formance public transportation services and other in13 novations in fleet operations and maintenance—

14 (A) $4,350,000 for fiscal year 2004;

15 (B) $4,700,000 for fiscal year 2005;

16 (C) $4,900,000 for fiscal year 2006;

17 (D) $5,200,000 for fiscal year 2007;

18 (E) $5,500,000 for fiscal year 2008; and

19 (F) $5,800,000 for fiscal year 2009.

20 (4) ENERGY INDEPENDENCE AND ENVIRON21 MENTAL PROTECTION.—

22 (A) IN GENERAL.—For carrying out en23 ergy independence and environmental protection

24 research activities on improved public transpor-
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1 tation energy use and propulsion systems and

2 public transportation oriented development—

3 (i) $3,450,000 for fiscal year 2004;

4 (ii) $3,700,000 for fiscal year 2005;

5 (iii) $3,900,000 for fiscal year 2006;

6 (iv) $4,150,000 for fiscal year 2007;

7 (v) $4,300,000 for fiscal year 2008;

8 and

9 (vi) $4,300,000 for fiscal year 2009.

10 (B) TRANSIT-ORIENTED DEVELOPMENT

11 CENTER.—Of the funds allocated for each of

12 fiscal years 2005 through 2009 under subpara13 graph (A), not less than $1,000,000 shall be

14 made available by the Secretary for establish15 ment and operation of a national center for

16 transit-oriented development—

17 (i) to develop standards and defini18 tions for transit-oriented development adja19 cent to public transportation facilities;

20 (ii) to develop system planning guid21 ance, performance criteria, and modeling

22 techniques for metropolitan planning agen23 cies and public transportation agencies to

24 maximize ridership through land use plan25 ning and adjacent development; and
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1 (iii) to provide research support and

2 technical assistance to public transpor3 tation agencies, metropolitan planning

4 agencies, and other persons regarding

5 transit-oriented development.

6 (5) MOBILITY MANAGEMENT.—

7 (A) IN GENERAL.—or carrying out re8 search activities on mobility management, as

9 described in section 5302(a)(1) of title 49,

10 United States Code—

11 (i) $6,500,000 for fiscal year 2004;

12 (ii) $7,000,000 for fiscal year 2005;

13 (iii) $7,400,000 for fiscal year 2006;

14 (iv) $7,800,000 for fiscal year 2007;

15 (v) $8,200,000 for fiscal year 2008;

16 and

17 (vi) $8,700,000 for fiscal year 2009.

18 (B) TRANSPORTATION EQUITY RESEARCH

19 PROGRAM.—Of the funds allocated for each of

20 fiscal years 2005 through 2009 under subpara21 graph (A), not less than $1,000,000 shall be

22 made available by the Secretary for research

23 and demonstration activities that focus on the

24 impacts that transportation planning, invest25 ment, and operations have on low-income and
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1 minority populations that are transit dependent.

2 Such activities shall include the development of

3 strategies to advance economic and community

4 development in low-income and minority com5 munities and the development of training pro6 grams that promote the employment of low-in7 come and minority community residents on

8 Federal-aid transportation projects constructed

9 in their communities.

10 (6) PUBLIC TRANSPORTATION CAPACITY BUILD11 ING.—

12 (A) IN GENERAL.—For carrying out public

13 transportation capacity building activities con14 sisting of workforce and industry development,

15 the International Mass Transportation Pro16 gram, and technology transfer and industry

17 adoption activities—

18 (i) $2,300,000 for fiscal year 2004;

19 (ii) $2,400,000 for fiscal year 2005;

20 (iii) $2,500,000 for fiscal year 2006;

21 (iv) $2,600,000 for fiscal year 2007;

22 (v) $2,700,000 for fiscal year 2008;

23 and

24 (vi) $3,000,000 for fiscal year 2009.
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1 (B) TRANSIT CAREER LADDER TRAINING

2 PROGRAM.—Of the funds allocated for each fis3 cal year under subparagraph (A), not less than

4 $1,000,000 shall be available for a nationwide

5 career ladder job training partnership program

6 for public transportation employees to respond

7 to technological changes in the public transpor8 tation industry, especially in the area of mainte9 nance. Such program shall be carried out by the

10 Secretary through a contract with a national

11 nonprofit organization with a demonstrated ca12 pacity to develop and provide such programs.

13 (7) STRATEGIC PLANNING AND PERFORMANCE

14 MEASURES.—For carrying out strategic planning

15 and performance measures consisting of policy and

16 program development, research program planning

17 and performance, evaluation, and industry

18 outreach—

19 (A) $3,450,000 for fiscal year 2004;

20 (B) $3,500,000 for fiscal year 2005;

21 (C) $3,700,000 for fiscal year 2006;

22 (D) $4,000,000 for fiscal year 2007;

23 (E) $4,200,000 for fiscal year 2008; and

24 (F) $4,300,000 for fiscal year 2009.
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1 (b) REMAINDER.—After making allocations under

2 subsection (a) of this section and section 5338(d)(2) of

3 title 49, United States Code, the remainder of funds made

4 available by section 5338(d)(2) of such title for national

5 research and technology programs under sections 5312,

6 5314, and 5322 for a fiscal year shall be allocated at the

7 discretion of the Secretary to other transit research, devel8 opment, demonstration and deployment projects author9 ized by sections 5312, 5314, and 5322 of such title.

10 SEC. 3042. OBLIGATION CEILING.

11 Notwithstanding any other provision of law, the total

12 of all obligations from amounts made available from the

13 Mass Transit Account of the Highway Trust Fund by, and

14 amounts appropriated under, subsections (a) through (f)

15 of section 5338 of title 49, United States Code, shall not

16 exceed—

17 (1) $7,266,000,000 for fiscal year 2004;

18 (2) $7,750,000,000 for fiscal year 2005;

19 (3) $8,266,000,000 for fiscal year 2006;

20 (4) $8,816,000,000 for fiscal year 2007;

21 (5) $9,403,000,000 for fiscal year 2008; and

22 (6) $10,029,000,000 for fiscal year 2009.
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1 SEC. 3043. ADJUSTMENTS FOR THE SURFACE TRANSPOR2 TATION EXTENSION ACT OF 2004.

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, the Secretary shall ensure that the total ap5 portionments and allocations made to a designated grant

6 recipient under section 5338 of title 49, United States

7 Code, for fiscal year 2004 shall be reduced by the amount

8 apportioned to such designated recipient pursuant to sec9 tion 9 of the Surface Transportation Extension Act of

10 2004.

11 (b) FIXED GUIDEWAY MODERNIZATION ADJUST12 MENT.—In making the apportionments described in sub13 section (a), the Secretary shall adjust the amount appor14 tioned to each urbanized area for fixed guideway mod15 ernization for fiscal year 2004 to reflect the method for

16 apportioning funds in section 5337(a) of title 49, United

17 States Code.

18 SEC. 3044. COOPERATIVE PROCUREMENT.

19 (a) REVIEW OF COOPERATIVE PROCUREMENT; AU20 THORITY TO INCREASE FEDERAL SHARE.—

21 (1) IN GENERAL.—Not later than 6 months

22 after the date of enactment of this Act, the Sec23 retary shall undertake a 30-day review of efforts to

24 use cooperative procurement to determine whether

25 benefits are sufficient to formally incorporate coop26 erative procurement into the mass transit program.
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1 In particular the Secretary shall review the progress

2 made under the pilot program authorized under sec3 tion 166 of division F of the Consolidated Appro4 priations Act, 2004 (49 U.S.C. 5397 note; 118 Stat.

5 309), based on experience to date in the pilot pro6 gram and any available reports to Congress sub7 mitted under such section 166. The Secretary shall

8 also consider information gathered from grantees

9 about cooperative procurement, whether or not re10 lated to the pilot program.

11 (2) NOTIFICATION OF CONGRESS.—The Sec12 retary shall notify the Committee on Transportation

13 and Infrastructure of the House of Representatives

14 and the Committee on Banking, Housing, and

15 Urban Affairs of the Senate of the results of the re16 view required under paragraph (1), including a find17 ing of sufficient benefit or insufficient benefit and

18 the reasons for that finding.
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1 TITLE IV—MOTOR CARRIER

2 TRANSPORTATION AND SAFETY

3 Subtitle A—Commercial Motor

4 Vehicle Safety

5 SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.

6 (a) ADMINISTRATIVE EXPENSES.—Section 31104 of

7 title 49, United States Code, is amended by adding the

8 following at the end:

9 ‘‘(i) ADMINISTRATIVE EXPENSES.—

10 ‘‘(1) AUTHORIZATION OFAPPROPRIATIONS.—

11 There are authorized to be appropriated from the

12 Highway Trust Fund (other than the Mass Transit

13 Account) for the Secretary of Transportation to pay

14 administrative expenses of the Federal Motor Car15 rier Safety Administration—

16 ‘‘(A) $196,000,000 for fiscal year 2004;

17 ‘‘(B) $208,000,000 for fiscal year 2005;

18 ‘‘(C) $215,000,000 for fiscal year 2006;

19 ‘‘(D) $221,000,000 for fiscal year 2007;

20 ‘‘(E) $226,000,000 for fiscal year 2008;

21 and

22 ‘‘(F) $232,000,000 for fiscal year 2009.

23 ‘‘(2) USE OFFUNDS.—The funds authorized by

24 this subsection shall be used for personnel costs; ad25 ministrative infrastructure; rent; information tech-
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1 nology; programs for research and technology, infor2 mation management, regulatory development (in3 cluding a medical review board), the administration

4 of the performance and registration information sys5 tem management, and outreach and education; other

6 operating expenses; and such other expenses as may

7 from time to time become necessary to implement

8 statutory mandates of the Administration not fund9 ed from other sources.

10 ‘‘(3) PERIOD OFAVAILABILITY.—The amounts

11 made available under this section shall remain avail12 able until expended.

13 ‘‘(4) INITIAL DATE OFAVAILABILITY.—Author14 izations from the Highway Trust Fund (other than

15 the Mass Transit Account) to carry out subtitle IV,

16 part B, and subtitle VI, part B, of this title, or the

17 provisions of title IV of the Transportation Equity

18 Act: A Legacy for Users, shall be available for obli19 gation on the date of their apportionment or alloca20 tion or on October 1 of the fiscal year for which they

21 are authorized, whichever occurs first.

22 ‘‘(5) CONTRACT AUTHORITY.—Approval by the

23 Secretary of a grant with funds made available

24 under paragraph (4) imposes upon the United

25 States a contractual obligation for payment of the
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1 Government’s share of costs incurred in carrying out

2 the objectives of the grant.’’.

3 (b) GRANT PROGRAMS.—There are authorized to be

4 appropriated from the Highway Trust Fund (other than

5 the Mass Transit Account) the following sums for the fol6 lowing Federal Motor Carrier Safety Administration pro7 grams:

8 (1) For commercial driver’s license program im9 provement grants under section 31313 of title 49,

10 United States Code—

11 (A) $22,000,000 for fiscal year 2005;

12 (B) $23,000,000 for each of fiscal years

13 2006 and 2007;

14 (C) $24,000,000 for fiscal year 2008; and

15 (D) $25,000,000 for fiscal year 2009.

16 (2) For border enforcement grants under sec17 tion 31107 of such title—

18 (A) $32,000,000 for fiscal year 2005;

19 (B) $32,000,000 for fiscal year 2006;

20 (C) $32,000,000 for fiscal year 2007;

21 (D) $32,000,000 for fiscal year 2008; and

22 (E) $32,000,000 for fiscal year 2009.

23 (3) For the performance and registration infor24 mation system management grant program under

25 section 31109 of such title—
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1 (A) $4,000,000 for fiscal year 2005;

2 (B) $4,000,000 for fiscal year 2006;

3 (C) $4,000,000 for fiscal year 2007;

4 (D) $4,000,000 for fiscal year 2008; and

5 (E) $4,000,000 for fiscal year 2009.

6 (4) COMMERCIAL VEHICLE INFORMATION SYS7 TEMS AND NETWORKS DEPLOYMENT.—For carrying

8 out the commercial vehicle information systems and

9 networks deployment program under section 4009 of

10 this Act, $22,000,000 for each of fiscal years 2005

11 through 2009.

12 (c) PERIOD OF AVAILABILITY.—The amounts made

13 available under subsection (b) of this section shall remain

14 available until expended.

15 (d) INITIAL DATE OF AVAILABILITY.—Amounts au16 thorized to be appropriated from the Highway Trust Fund

17 (other than the Mass Transit Account) by subsection (b)

18 shall be available for obligation on the date of their appor19 tionment or allocation or on October 1 of the fiscal year

20 for which they are authorized, whichever occurs first.

21 (e) CONTRACT AUTHORITY.—Approval by the Sec22 retary of a grant with funds made available under sub23 section (b) imposes upon the United States a contractual

24 obligation for payment of the Government’s share of costs

25 incurred in carrying out the objectives of the grant.
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1 SEC. 4102. MOTOR CARRIER SAFETY GRANTS.

2 (a) STATE PLAN CONTENTS.—Section 31102(b)(1)

3 of title 49, United States Code, is amended—

4 (1) by striking subparagraph (A) and inserting

5 the following:

6 ‘‘(A) implements performance-based activities,

7 including deployment of technology to enhance the

8 efficiency and effectiveness of commercial motor ve9 hicle safety programs;’’;

10 (2) by striking subparagraph (Q) and inserting

11 the following:

12 ‘‘(Q) provides that the State has established a

13 program to ensure accurate, complete, and timely

14 motor carrier safety data is collected and reported to

15 the Secretary and that the State will participate in

16 a national motor carrier safety data correction sys17 tem prescribed by the Secretary;’’;

18 (3) by aligning subparagraph (R) with subpara19 graph (S);

20 (4) by striking ‘‘and’’ at the end of subpara21 graph (S);

22 (5) by striking the period at the end of sub23 paragraph (T) and inserting a semicolon; and

24 (6) by adding at the end the following:

25 ‘‘(U) provides that the State will include in the

26 training manual for the licensing examination to
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1 drive a noncommercial motor vehicle and a commer2 cial motor vehicle, information on best practices for

3 driving safely in the vicinity of commercial motor ve4 hicles and in the vicinity of noncommercial motor ve5 hicles, respectively;

6 ‘‘(V) provides that the State will enforce the

7 registration requirements of section 13902 by pro8 hibiting the operation of any vehicle discovered to be

9 operated by a motor carrier without a registration

10 issued under such section or to be operating beyond

11 the scope of such registration; and

12 ‘‘(W) provides that the State will conduct com13 prehensive and highly visible traffic enforcement and

14 commercial motor vehicle safety inspection programs

15 in high-risk locations and corridors.’’.

16 (b) USE OF GRANTS TO ENFORCE OTHER LAWS.—

17 Section 31102 of such title is amended—

18 (1) by striking subsection (c) and inserting the

19 following:

20 ‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—

21 A State may use amounts received under a grant under

22 subsection (a)—

23 ‘‘(1) for the following activities if the activities

24 are carried out in conjunction with an appropriate

25 inspection of the commercial motor vehicle to enforce
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1 Government or State commercial motor vehicle safe2 ty regulations:

3 ‘‘(A) enforcement of commercial motor ve4 hicle size and weight limitations at locations

5 other than fixed weight facilities, at specific lo6 cations such as steep grades or mountainous

7 terrains where the weight of a commercial

8 motor vehicle can significantly affect the safe

9 operation of the vehicle, or at ports where inter10 modal shipping containers enter and leave the

11 United States; and

12 ‘‘(B) detection of the unlawful presence of

13 a controlled substance (as defined under section

14 102 of the Comprehensive Drug Abuse Preven15 tion and Control Act of 1970 (21 U.S.C. 802))

16 in a commercial motor vehicle or on the person

17 of any occupant (including the operator) of the

18 vehicle; and

19 ‘‘(2) for documented enforcement of State traf20 fic laws and regulations designed to promote the

21 safe operation of commercial motor vehicles, includ22 ing documented enforcement of such laws and regu23 lations relating to noncommercial motor vehicles

24 when necessary to promote the safe operation of

25 commercial motor vehicles if the number of roadside
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1 safety inspections conducted in the State is main2 tained at a level at least equal to the average num3 ber conducted in the State in fiscal years 2001,

4 2002, and 2003; except that the State may not use

5 more than 5 percent of the aggregate amount the

6 State receives under the grant under subsection (a)

7 for enforcement activities relating to noncommercial

8 motor vehicles described in this paragraph.’’; and

9 (2) by adding at the end the following:

10 ‘‘(e) ANNUAL REPORT.—The Secretary shall submit

11 to the Committee on Transportation and Infrastructure

12 of the House of Representatives and the Committee on

13 Commerce, Science and Transportation of the Senate an

14 annual report that describes the effect of activities carried

15 out with funds from grants made under this section on

16 commercial motor vehicle safety.’’.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

18 31104(a) of such title is amended to read as follows:

19 ‘‘(a) IN GENERAL.—Subject to subsection (f), there

20 are authorized to be appropriated from the Highway Trust

21 Fund (other than the Mass Transit Account) to carry out

22 section 31102—

23 ‘‘(1) $168,000,000 for fiscal year 2004;

24 ‘‘(2) $183,000,000 for fiscal year 2005;

25 ‘‘(3) $185,000,000 for fiscal year 2006;
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1 ‘‘(4) $190,000,000 for fiscal year 2007;

2 ‘‘(5) $195,000,000 for fiscal year 2008; and

3 ‘‘(6) $200,000,000 for fiscal year 2009.’’.

4 (d) NEW ENTRANT AUDITS.—Section 31104(f) of

5 such title is amended—

6 (1) in paragraph (1) by striking ‘‘deduction

7 under subsection (e)’’ and inserting ‘‘deductions

8 under subsection (e) and paragraphs (2) and (3)’’;

9 (2) the first sentence of paragraph (2)(A)—

10 (A) by striking ‘‘or’’; and

11 (B) by inserting after ‘‘technologies’’ the

12 following: ‘‘, or improve the quality and accu13 racy of data provided by the State’’;

14 (3) in paragraph (2)—

15 (A) by striking ‘‘AND BORDER ACTIVI16 TIES.—’’ and all that follows through ‘‘5 per17 cent’’ and inserting ‘‘ACTIVITIES.—The Sec18 retary may designate up to 10 percent’’; and

19 (B) by striking subparagraph (B); and

20 (4) by adding at the end the following:

21 ‘‘(3) NEW ENTRANT AUDITS.—The Secretary

22 may deduct up to $15,000,000 of the amounts avail23 able under subsection (a) for a fiscal year for audits

24 of new entrant motor carriers under section

25 31144(g).’’.
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1 (e) TECHNICAL AMENDMENTS.—Sections

2 31102(b)(3) and 31103(a) of such title are amended by

3 striking ‘‘(1)(D)’’ and inserting ‘‘(1)(E)’’.

4 SEC. 4103. BORDER ENFORCEMENT GRANTS.

5 (a) IN GENERAL.—Chapter 311 of title 49, United

6 States Code, is amended—

7 (1) by striking:

8 ‘‘SUBCHAPTER I—STATE GRANTS AND OTHER

9 COMMERCIAL MOTOR VEHICLE PROGRAMS’’

10 and inserting:

11 ‘‘SUBCHAPTER I—GENERAL AUTHORITY AND

12 STATE GRANTS’’; and

13 (2) by striking section 31107 and inserting the

14 following:

15 ‘‘§ 31107. Border enforcement grants

16 ‘‘(a) GENERAL AUTHORITY.—The Secretary of

17 Transportation may make a grant in a fiscal year to a

18 State that shares a land border with another country for

19 carrying out border commercial motor vehicle safety pro20 grams and related enforcement activities and projects.

21 ‘‘(b) MAINTENANCE OF EXPENDITURES.—The Sec22 retary may make a grant to a State under this section

23 only if the State agrees that the total expenditure of

24 amounts of the State and political subdivisions of the

25 State, exclusive of amounts from the United States, for
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1 carrying out border commercial motor vehicle safety pro2 grams and related enforcement activities and projects will

3 be maintained at a level at least equal to the average level

4 of that expenditure by the State and political subdivisions

5 of the State for the last 2 fiscal years of the State ending

6 before the date of enactment of the Transportation Equity

7 Act: A Legacy for Users.

8 ‘‘(c) GOVERNMENTS SHARE OF COSTS.—The Sec9 retary shall reimburse a State under a grant made under

10 this section an amount that is not more than 100 percent

11 of the costs incurred by the State in a fiscal year for car12 rying out border commercial motor vehicle safety pro13 grams and related enforcement activities and projects.

14 ‘‘(d) AVAILABILITY AND REALLOCATION OF

15 AMOUNTS.—Allocations to a State remain available for ex16 penditure in the State for the fiscal year in which they

17 are allocated and for the next fiscal year. Amounts not

18 expended by a State during those 2 fiscal years are avail19 able to the Secretary for reallocation under this section.’’.

20 (b) CONFORMING AMENDMENTS.—The analysis for

21 such chapter is amended—

22 (1) by striking

‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL

MOTOR VEHICLE PROGRAMS’’

23 and inserting the following:
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‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’;

and

1 (2) by striking the item relating to section

2 31107 and inserting the following:

‘‘31107. Border enforcement grants.’’.

3 SEC. 4104. COMMERCIAL DRIVER’S LICENSE IMPROVE4 MENTS.

5 (a) STATE GRANTS.—Chapter 313 of title 49, United

6 States Code, is amended by inserting after section 31312

7 the following:

8 ‘‘§ 31313. Grants for commercial driver’s license pro9 gram improvements

10 ‘‘(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE

11 PROGRAM IMPROVEMENTS.—

12 ‘‘(1) GENERAL AUTHORITY.—The Secretary of

13 Transportation may make a grant to a State in a

14 fiscal year—

15 ‘‘(A) to comply with the requirements of

16 section 31311; and

17 ‘‘(B) in the case of a State that is in sub18 stantial compliance with the requirements of

19 section 31311 and this section, to improve its

20 implementation of its commercial driver’s li21 cense program.

22 ‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE

23 USED.—A State may use grants under paragraphs
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1 (1)(A) and (1)(B) only for expenses directly related

2 to its compliance with section 31311; except that a

3 grant under paragraph (1)(B) may be used for im4 proving implementation of the State’s commercial

5 driver’s license program, including expenses for com6 puter hardware and software, publications, testing,

7 personnel, training, and quality control. The grant

8 may not be used to rent, lease, or buy land or build9 ings.

10 ‘‘(3) APPLICATION.—In order to receive a grant

11 under this section, a State must submit an applica12 tion for such grant that is in such form, and con13 tains such information, as the Secretary may re14 quire. The application shall include the State’s as15 sessment of its commercial drivers license program.

16 ‘‘(4) MAINTENANCE OFEXPENDITURES.—The

17 Secretary may make a grant to a State under this

18 subsection only if the State agrees that the total ex19 penditure of amounts of the State and political sub20 divisions of the State, exclusive of amounts from the

21 United States, for the State’s commercial driver’s li22 cense program will be maintained at a level at least

23 equal to the average level of that expenditure by the

24 State and political subdivisions of the State for the

25 last 2 fiscal years of the State ending before the
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1 date of enactment of the Transportation Equity Act:

2 A Legacy for Users.

3 ‘‘(5) GOVERNMENT SHARE.—The Secretary

4 shall reimburse a State under a grant made under

5 this subsection an amount that is not more than 80

6 percent of the costs incurred by the State in a fiscal

7 year in complying with section 31311 and improving

8 its implementation of its commercial driver’s license

9 program. In determining such costs, the Secretary

10 shall include in-kind contributions by the State.

11 Amounts required to be expended by the State under

12 paragraph (4) may not be included as part of the

13 non-Federal share of such costs.

14 ‘‘(b) HIGH-PRIORITY ACTIVITIES.—

15 ‘‘(1) GRANTS FOR NATIONAL CONCERNS.—The

16 Secretary may make a grant to a State agency, local

17 government, or other person for 100 percent of the

18 costs of research, development, demonstration

19 projects, public education, and other special activi20 ties and projects relating to commercial driver li21 censing and motor vehicle safety that are of benefit

22 to all jurisdictions of the United States or are de23 signed to address national safety concerns and cir24 cumstances.
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1 ‘‘(2) FUNDING.—The Secretary may deduct up

2 to 10 percent of the amounts made available to

3 carry out this section for a fiscal year to make

4 grants under this subsection.’’.

5 (b) CONFORMING AMENDMENT.—The analysis for

6 such chapter is amended by inserting after the item relat7 ing to section 31312 the following:

‘‘31313. Grants for commercial driver’s license program improvements.’’.

8 (c) AMOUNTS WITHHELD.—Subsections (a) and (b)

9 of section 31314 of such title are each amended by insert10 ing ‘‘up to’’ after ‘‘withhold’’.

11 SEC. 4105. HOBBS ACT.

12 (a) JURISDICTION OF COURT OF APPEALS OVER

13 COMMERCIAL MOTOR VEHICLE SAFETY REGULATION

14 AND OPERATORS AND MOTOR CARRIER SAFETY.—Section

15 2342(3)(A) of title 28, United States Code, is amended

16 by inserting before ‘‘of title 49’’ the following: ‘‘, sub17 chapter III of chapter 311, chapter 313, or chapter 315’’.

18 (b) JUDICIAL REVIEW.—Section 351(a) of title 49,

19 United States Code, is amended by striking ‘‘Federal

20 Highway Administration’’ and inserting ‘‘Federal Motor

21 Carrier Safety Administration’’.

22 (c) AUTHORITY TO CARRY OUT CERTAIN TRANS23 FERRED DUTIES AND POWERS.—Section 352 of title 49,

24 United States Code, is amended by striking ‘‘Federal
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1 Highway Administration’’ and inserting ‘‘Federal Motor

2 Carrier Safety Administration’’.

3 SEC. 4106. PENALTY FOR DENIAL OF ACCESS TO RECORDS.

4 Section 521(b) of title 49, United States Code, is

5 amended—

6 (1) by striking ‘‘(b)(1)(A) If the Secretary’’ and

7 inserting the following:

8 ‘‘(b) VIOLATIONS RELATING TO COMMERCIAL

9 MOTOR VEHICLE SAFETY REGULATION AND OPERA10 TORS.—

11 ‘‘(1) NOTICE.—

12 ‘‘(A) IN GENERAL.—If the Secretary’’; and

13 (2) by adding at the end of paragraph (2) the

14 following:

15 ‘‘(E) COPYING OFRECORDS AND ACCESS

16 TO EQUIPMENT, LANDS, AND BUILDINGS.—A

17 person subject to chapter 51 or part B of sub18 title VI who fails to allow the Secretary, or an

19 employee designated by the Secretary, promptly

20 upon demand to inspect and copy any record or

21 inspect and examine equipment, lands, build22 ings, and other property in accordance with sec23 tion 504(c), 5121(c), or 14122(b) shall be liable

24 to the United States for a civil penalty not to

25 exceed $1,000 for each offense. Each day the
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1 Secretary is denied the right to inspect and

2 copy any record or inspect and examine equip3 ment, lands, buildings, and other property shall

4 constitute a separate offense; except that the

5 total of all civil penalties against any violator

6 for all offenses related to a single violation shall

7 not exceed $10,000. It shall be a defense to

8 such penalty that the records did not exist at

9 the time of the Secretary’s request or could not

10 be timely produced without unreasonable ex11 pense or effort. Nothing in this subparagraph

12 shall be construed as amending or superseding

13 any remedy available to the Secretary under

14 section 502(d), section 507(c), or any other

15 provision of this title.’’.

16 SEC. 4107. MEDICAL REVIEW BOARD.

17 Section 113 of title 49, United States Code, is

18 amended by adding at the end the following:

19 ‘‘(j) MEDICAL REVIEW BOARD.—

20 ‘‘(1) ESTABLISHMENT AND FUNCTION.—The

21 Administrator shall establish a Medical Review

22 Board as an advisory committee to provide the Ad23 ministration with medical advice and recommenda24 tions on driver qualification medical standards and
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1 guidelines, medical examiner education, and medical

2 research.

3 ‘‘(2) COMPOSITION.—The Medical Review

4 Board shall consist of 5 members appointed for a

5 term not to exceed 3 years by the Secretary from

6 medical institutions and private medical practice.

7 The membership shall reflect expertise in a variety

8 of medical specialties relevant to the functions of the

9 Administration.’’.

10 SEC. 4108. INCREASED PENALTIES FOR OUT-OF-SERVICE

11 VIOLATIONS AND FALSE RECORDS.

12 (a) RECORDKEEPING AND REPORTING VIOLA13 TIONS.—Section 521(b)(2)(B) of title 49, United States

14 Code, is amended—

15 (1) in clause (i) by striking ‘‘$500’’ and insert16 ing ‘‘$1,000’’; and

17 (2) by striking ‘‘$5,000’’ each place it appears

18 and inserting ‘‘$10,000’’.

19 (b) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—

20 Section 31310(i)(2) of title 49, United States Code, is

21 amended—

22 (1) by striking ‘‘Not later than December 18,

23 1992, the’’ and inserting ‘‘The’’;

24 (2) in subparagraph (A)—
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1 (A) by striking ‘‘90 days’’ and inserting

2 ‘‘180 days’’; and

3 (B) by striking ‘‘$1,000’’ and inserting

4 ‘‘$2,500’’;

5 (3) in subparagraph (B)—

6 (A) by striking ‘‘one year’’ and inserting

7 ‘‘2 years’’; and

8 (B) by striking ‘‘$1,000; and’’ and insert9 ing ‘‘$5,000;’’;

10 (4) in subparagraph (C) by striking ‘‘$10,000.’’

11 and inserting ‘‘$25,000; and’’; and

12 (5) by adding at the end the following:

13 ‘‘(D) an employer that knowingly and willfully

14 allows or requires an employee to operate a commer15 cial motor vehicle in violation of an out-of-service

16 order shall, upon conviction, be subject for each of17 fense to imprisonment for a term not to exceed one

18 year or a fine under title 18, or both.’’.

19 SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS

20 AND NETWORKS DEPLOYMENT.

21 (a) IN GENERAL.—The Secretary shall carry out a

22 commercial vehicle information systems and networks pro23 gram to—

24 (1) improve the safety and productivity of com25 mercial vehicles and drivers; and
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1 (2) reduce costs associated with commercial ve2 hicle operations and Federal and State commercial

3 vehicle regulatory requirements.

4 (b) PURPOSE.—The program shall advance the tech5 nological capability and promote the deployment of intel6 ligent transportation system applications for commercial

7 motor vehicle operations, commercial driver, and carrier8 specific information systems and networks.

9 (c) CORE DEPLOYMENT GRANTS.—

10 (1) IN GENERAL.—The Secretary shall make

11 grants to eligible States for the core deployment of

12 commercial vehicle information systems and net13 works.

14 (2) AMOUNT OFGRANTS.—The maximum ag15 gregate amount the Secretary may grant to a State

16 for the core deployment of commercial vehicle infor17 mation systems and networks under this subsection

18 and sections 5001(a)(5) and 5001(a)(6) of the

19 Transportation Equity Act for the 21st Century

20 (112 Stat. 420) may not exceed $2,500,000.

21 (3) USE OFFUNDS.—Funds from a grant

22 under this subsection may only be used for the core

23 deployment of commercial vehicle information sys24 tems and networks. An eligible State that has either

25 completed the core deployment of commercial vehicle
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1 information systems and networks or completed such

2 deployment before grant funds are expended under

3 this subsection may use the grant funds for the ex4 panded deployment of commercial vehicle informa5 tion systems and networks in the State.

6 (d) EXPANDED DEPLOYMENT GRANTS.—

7 (1) IN GENERAL.—For each fiscal year, from

8 the funds remaining after the Secretary has made

9 grants under subsection (c), the Secretary may make

10 grants to each eligible State, upon request, for the

11 expanded deployment of commercial vehicle informa12 tion systems and networks.

13 (2) ELIGIBILITY.—Each State that has com14 pleted the core deployment of commercial vehicle in15 formation systems and networks in such State is eli16 gible for an expanded deployment grant under this

17 subsection.

18 (3) AMOUNT OFGRANTS.—Each fiscal year, the

19 Secretary may distribute funds available for ex20 panded deployment grants equally among the eligible

21 States, but not to exceed $1,000,000 per State.

22 (4) USE OFFUNDS.—A State may use funds

23 from a grant under this subsection only for the ex24 panded deployment of commercial vehicle informa25 tion systems and networks.
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1 (e) ELIGIBILITY.—To be eligible for a grant under

2 this section, a State—

3 (1) shall have a commercial vehicle information

4 systems and networks program plan approved by the

5 Secretary that describes the various systems and

6 networks at the State level that need to be refined,

7 revised, upgraded, or built to accomplish deployment

8 of core capabilities;

9 (2) shall certify to the Secretary that its com10 mercial vehicle information systems and networks

11 deployment activities, including hardware procure12 ment, software and system development, and infra13 structure modifications—

14 (A) are consistent with the national intel15 ligent transportation systems and commercial

16 vehicle information systems and networks archi17 tectures and available standards; and

18 (B) promote interoperability and efficiency

19 to the extent practicable; and

20 (3) shall agree to execute interoperability tests

21 developed by the Federal Motor Carrier Safety Ad22 ministration to verify that its systems conform with

23 the national intelligent transportation systems archi24 tecture, applicable standards, and protocols for com25 mercial vehicle information systems and networks.
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1 (f) FEDERAL SHARE.—The Federal share of the cost

2 of a project payable from funds made available to carry

3 out this section shall not exceed 50 percent. The total Fed4 eral share of the cost of a project payable from all eligible

5 sources shall not exceed 80 percent.

6 (g) DEFINITIONS.—In this section, the following defi7 nitions apply:

8 (1) COMMERCIAL VEHICLE INFORMATION SYS9 TEMS AND NETWORKS.—The term ‘‘commercial ve10 hicle information systems and networks’’ means the

11 information systems and communications networks

12 that provide the capability to—

13 (A) improve the safety of commercial

14 motor vehicle operations;

15 (B) increase the efficiency of regulatory in16 spection processes to reduce administrative bur17 dens by advancing technology to facilitate in18 spections and increase the effectiveness of en19 forcement efforts;

20 (C) advance electronic processing of reg21 istration information, driver licensing informa22 tion, fuel tax information, inspection and crash

23 data, and other safety information;
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1 (D) enhance the safe passage of commer2 cial motor vehicles across the United States and

3 across international borders; and

4 (E) promote the communication of infor5 mation among the States and encourage

6 multistate cooperation and corridor develop7 ment.

8 (2) COMMERCIAL MOTOR VEHICLE OPER9 ATIONS.—The term ‘‘commercial motor vehicle

10 operations’’—

11 (A) means motor carrier operations and

12 motor vehicle regulatory activities associated

13 with the commercial motor vehicle movement of

14 goods, including hazardous materials, and pas15 sengers; and

16 (B) with respect to the public sector, in17 cludes the issuance of operating credentials, the

18 administration of motor vehicle and fuel taxes,

19 and roadside safety and border crossing inspec20 tion and regulatory compliance operations.

21 (3) CORE DEPLOYMENT.—The term ‘‘core de22 ployment’’ means the deployment of systems in a

23 State necessary to provide the State with the fol24 lowing capabilities:

25 (A) Safety information exchange to—
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1 (i) electronically collect and transmit

2 commercial motor vehicle and driver in3 spection data at a majority of inspection

4 sites in the State;

5 (ii) connect to the safety and fitness

6 electronic records system for access to

7 interstate carrier and commercial motor

8 vehicle data, summaries of past safety per9 formance, and commercial motor vehicle

10 credentials information; and

11 (iii) exchange carrier data and com12 mercial motor vehicle safety and creden13 tials information within the State and con14 nect to such system for access to interstate

15 carrier and commercial motor vehicle data.

16 (B) Interstate credentials administration

17 to—

18 (i) perform end-to-end processing, in19 cluding carrier application, jurisdiction ap20 plication processing, and credential

21 issuance, of at least the international reg22 istration plan and international fuel tax

23 agreement credentials and extend this

24 processing to other credentials, including

25 intrastate registration, vehicle titling, over-
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1 size vehicle permits, overweight vehicle per2 mits, carrier registration, and hazardous

3 materials permits;

4 (ii) connect to such plan and agree5 ment clearinghouses; and

6 (iii) have at least 10 percent of the

7 credentialing transaction volume in the

8 State handled electronically and have the

9 capability to add more carriers and to ex10 tend to branch offices where applicable.

11 (C) Roadside electronic screening to elec12 tronically screen transponder-equipped commer13 cial vehicles at a minimum of one fixed or mo14 bile inspection site in the State and to replicate

15 this screening at other sites in the State.

16 (4) EXPANDED DEPLOYMENT.—The term ‘‘ex17 panded deployment’’ means the deployment of sys18 tems in a State that exceed the requirements of a

19 core deployment of commercial vehicle information

20 systems and networks, improve safety and the pro21 ductivity of commercial motor vehicle operations,

22 and enhance transportation security.

23 (h) REPEAL.—Section 5209 of the Transportation

24 Equity Act for the 21st Century (23 U.S.C. 502 note; 112

25 Stat. 460–461) is repealed.
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1 SEC. 4110. SAFETY FITNESS.

2 (a) IN GENERAL.—Section 31144(a) of title 49,

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

4 ‘‘(a) IN GENERAL.—The Secretary shall—

5 ‘‘(1) determine whether an owner or operator is

6 fit to operate safely commercial motor vehicles, uti7 lizing among other things the accident record of an

8 owner or operator operating in interstate commerce

9 and the accident record and safety inspection record

10 of such owner or operator in operations that affect

11 interstate commerce;

12 ‘‘(2) periodically update such safety fitness de13 terminations;

14 ‘‘(3) make such final safety fitness determina15 tions readily available to the public; and

16 ‘‘(4) prescribe by regulation penalties for viola17 tions of this section consistent with section 521.’’.

18 (b) PROHIBITED TRANSPORTATION.—The first sub19 section (c) of such section 31144 is amended by adding

20 at the end the following:

21 ‘‘(5) TRANSPORTATION AFFECTING INTER22 STATE COMMERCE.—Owners or operators of com23 mercial motor vehicles prohibited from operating in

24 interstate commerce pursuant to paragraphs (1)

25 through (3) may not operate any commercial motor

26 vehicle that affects interstate commerce until the
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1 Secretary determines that such owner or operator is

2 fit.’’.

3 (c) DETERMINATION OF UNFITNESS BY A STATE.—

4 Such section 31144 is further amended—

5 (1) by redesignating subsections (d), (e), and

6 the second subsection (c) as subsections (e), (f), and

7 (g), respectively;

8 (2) by inserting after the first subsection (c)

9 the following:

10 ‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.—

11 If a State that receives a grant under section 31102 deter12 mines, by applying the standards prescribed by the Sec13 retary under subsection (b), that an owner or operator of

14 commercial motor vehicles that has its principal place of

15 business in that State and operates in intrastate com16 merce is unfit under such standards and prohibits the

17 owner or operator from operating such vehicles in the

18 State, the Secretary shall prohibit the owner or operator

19 from operating such vehicles in interstate commerce until

20 the State determines that the owner or operator is fit.’’;

21 and

22 (3) in subsection (g) (as redesignated by para23 graph (1) of this subsection) by adding at the end

24 the following:
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1 ‘‘(5) GRANTS FOR AUDITS.—From amounts de2 ducted under section 31104(f)(3), the Secretary may

3 make grants to States and local governments for

4 new entrant motor carrier audits under this sub5 section without requiring a matching contribution

6 from such States or local governments.

7 ‘‘(6) DOT AUDITS.—If the Secretary deter8 mines that a State or local government is unable to

9 use government employees to conduct new entrant

10 motor carrier audits, the Secretary may utilize the

11 funds deducted under section 31104(f)(3) to conduct

12 such audits in areas under the jurisdiction of such

13 State or local government.’’.

14 SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR

15 CARRIER OR BROKER MANAGEMENT.

16 (a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec17 tion 31135 of title 49, United States Code, is amended—

18 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

19 ‘‘Each’’; and

20 (2) by adding at the end the following:

21 ‘‘(b) PATTERN OF NONCOMPLIANCE.—If an officer of

22 a motor carrier or broker engages in a pattern or practice

23 of avoiding compliance, or masking or otherwise con24 cealing noncompliance, with regulations prescribed under

25 this chapter, the Secretary may suspend, amend, or revoke
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1 any part of the registration of the motor carrier or broker

2 under section 13905.

3 ‘‘(c) LIST OF PROPOSED OFFICERS.—Each person

4 seeking registration as a motor carrier under section

5 13902 or as a broker under section 13904 shall submit

6 a list of the proposed officers of the motor carrier or

7 broker. If the Secretary determines that any of the pro8 posed officers has previously engaged in a pattern or prac9 tice of avoiding compliance, or masking or otherwise con10 cealing noncompliance, with regulations prescribed under

11 this chapter, the Secretary may deny the person’s applica12 tion for registration as a motor carrier under section

13 13902(a)(3) or as a broker under section 13904(a).

14 ‘‘(d) REGULATIONS.—The Secretary shall by regula15 tion establish standards to implement subsections (b) and

16 (c) and a procedure to allow a person who is denied reg17 istration under subsection (c) or whose registration is sus18 pended, amended, or revoked under subsection (b) to rem19 edy the pattern or practice that results in the denial, sus20 pension, amendment, or revocation.

21 ‘‘(e) DEFINITIONS.—In this section, the following

22 definitions shall apply:

23 ‘‘(1) MOTOR CARRIER AND BROKER.—The

24 terms ‘motor carrier’ and ‘broker’ have the meanings

25 such terms have under section 13102.
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1 ‘‘(2) OFFICER.—The term ‘officer’ means an

2 owner, chief executive officer, chief operating officer,

3 chief financial officer, safety director, vehicle mainte4 nance supervisor, and driver supervisor of a motor

5 carrier, regardless of the title attached to those

6 functions.’’.

7 (b) MOTOR CARRIER REGISTRATION.—Section

8 13902(a)(1)(B) of such title is amended to read as follows:

9 ‘‘(B)(i) any safety regulations imposed by

10 the Secretary;

11 ‘‘(ii) the duties of employers and employees

12 established by the Secretary under section

13 31135; and

14 ‘‘(iii) the safety fitness requirements estab15 lished by the Secretary under section 31144;

16 and’’.

17 SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY

18 PROGRAM.

19 (a) IN GENERAL.—Section 31108 of title 49, United

20 States Code, is amended to read as follows:

21 ‘‘§ 31108. Motor carrier research and technology pro22 gram

23 ‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY

24 TRANSFER ACTIVITIES.—
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1 ‘‘(1) ESTABLISHMENT.—The Secretary of

2 Transportation shall establish and carry out a motor

3 carrier research and technology program.

4 ‘‘(2) MULTI-YEAR PLAN.—The program must

5 include a multi-year research plan that focuses on

6 nonredundant innovative research.

7 ‘‘(3) RESEARCH, DEVELOPMENT, AND TECH8 NOLOGY TRANSFER ACTIVITIES.—The Secretary may

9 carry out under the program research, development,

10 technology, and technology transfer activities with

11 respect to—

12 ‘‘(A) the causes of accidents, injuries, and

13 fatalities involving commercial motor vehicles;

14 ‘‘(B) means of reducing the number and

15 severity of accidents, injuries, and fatalities in16 volving commercial motor vehicles;

17 ‘‘(C) improving commercial motor vehicle

18 and motor carrier safety, and industry effi19 ciency, through technological improvement;

20 ‘‘(D) improving technology used by en21 forcement officers when conducting roadside in22 spections and compliance reviews to increase ef23 ficiency and information transfers; and

24 ‘‘(E) increasing the safety and security of

25 hazardous materials transportation.
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1 ‘‘(4) TESTS AND DEVELOPMENT.—The Sec2 retary may test, develop, or assist in testing and de3 veloping any material, invention, patented article, or

4 process related to the research and technology pro5 gram.

6 ‘‘(5) TRAINING.—The Secretary may use the

7 funds made available to carry out this section for

8 training or education of commercial motor vehicle

9 safety personnel, including training in accident re10 construction and detection of controlled substances

11 or other contraband and stolen cargo or vehicles.

12 ‘‘(6) PROCEDURES.—The Secretary may carry

13 out this section—

14 ‘‘(A) independently;

15 ‘‘(B) in cooperation with other Federal de16 partments, agencies, and instrumentalities and

17 Federal laboratories; or

18 ‘‘(C) by making grants to, or entering into

19 contracts, cooperative agreements, and other

20 transactions with, any Federal laboratory, State

21 agency, authority, association, institution, for22 profit or nonprofit corporation, organization,

23 foreign country, or person.

24 ‘‘(7) DEVELOPMENT AND PROMOTION OFUSE

25 OFPRODUCTS.—The Secretary shall use funds made
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1 available to carry out this section to develop, admin2 ister, communicate, and promote the use of products

3 of research, technology, and technology transfer pro4 grams under this section.

5 ‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP6 MENT.—

7 ‘‘(1) IN GENERAL.—To advance innovative solu8 tions to problems involving commercial motor vehicle

9 and motor carrier safety, security, and efficiency,

10 and to stimulate the deployment of emerging tech11 nology, the Secretary may carry out, on a cost12 shared basis, collaborative research and development

13 with—

14 ‘‘(A) non-Federal entities, including State

15 and local governments, foreign governments,

16 colleges and universities, corporations, institu17 tions, partnerships, and sole proprietorships

18 that are incorporated or established under the

19 laws of any State; and

20 ‘‘(B) Federal laboratories.

21 ‘‘(2) COOPERATIVE AGREEMENTS.—In carrying

22 out this subsection, the Secretary may enter into co23 operative research and development agreements (as

24 defined in section 12 of the Stevenson-Wydler Tech25 nology Innovation Act of 1980 (15 U.S.C. 3710a)).
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1 ‘‘(3) COST SHARING.—

2 ‘‘(A) FEDERAL SHARE.—The Federal

3 share of the cost of activities carried out under

4 a cooperative research and development agree5 ment entered into under this subsection shall

6 not exceed 50 percent; except that, if there is

7 substantial public interest or benefit associated

8 with any such activity, the Secretary may ap9 prove a greater Federal share.

10 ‘‘(B) TREATMENT OFDIRECTLY INCURRED

11 NON-FEDERAL COSTS.—All costs directly in12 curred by the non-Federal partners, including

13 personnel, travel, and hardware or software de14 velopment costs, shall be credited toward the

15 non-Federal share of the cost of the activities

16 described in subparagraph (A).

17 ‘‘(4) USE OFTECHNOLOGY.—The research, de18 velopment, or use of a technology under a coopera19 tive research and development agreement entered

20 into under this subsection, including the terms

21 under which the technology may be licensed and the

22 resulting royalties may be distributed, shall be sub23 ject to the Stevenson-Wydler Technology Innovation

24 Act of 1980 (15 U.S.C. 3701 et seq.).’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 311 of such title is amended by striking the item

3 relating to section 31108 and inserting the following:

‘‘31108. Motor carrier research and technology program.’’.

4 SEC. 4113. INTERNATIONAL COOPERATION.

5 (a) IN GENERAL.—Chapter 311 of title 49, United

6 States Code, is amended by adding at the end the fol7 lowing:

8 ‘‘SUBCHAPTER IV—MISCELLANEOUS

9 ‘‘§ 31161. International cooperation

10 ‘‘The Secretary of Transportation is authorized to

11 use funds made available by section 31104(i) to partici12 pate and cooperate in international activities to enhance

13 motor carrier, driver, and highway safety by such means

14 as exchanging information, conducting research, and ex15 amining needs, best practices, and new technology.’’.

16 (b) CLERICAL AMENDMENT.—The analysis for such

17 chapter is amended by adding at the end the following:

‘‘SUBCHAPTER IV—MISCELLANEOUS

‘‘31161. International cooperation.’’.

18 SEC. 4114. PERFORMANCE AND REGISTRATION INFORMA19 TION SYSTEM MANAGEMENT.

20 (a) DESIGN AND CONDITIONS FOR PARTICIPATION.—

21 Section 31106(b) of title 49, United States Code, is

22 amended by striking paragraphs (2), (3), and (4) and in23 serting the following:
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1 ‘‘(2) DESIGN.—The program shall link Federal

2 motor carrier safety information systems with State

3 commercial vehicle registration and licensing systems

4 and shall be designed to enable a State to—

5 ‘‘(A) determine the safety fitness of a

6 motor carrier or registrant when licensing or

7 registering the registrant or motor carrier or

8 while the license or registration is in effect; and

9 ‘‘(B) deny, suspend, or revoke the commer10 cial motor vehicle registrations of a motor car11 rier or registrant that has been issued an oper12 ations out-of-service order by the Secretary.

13 ‘‘(3) CONDITIONS FOR PARTICIPATION.—The

14 Secretary shall require States, as a condition of par15 ticipation in the program, to—

16 ‘‘(A) comply with the uniform policies, pro17 cedures, and technical and operational stand18 ards prescribed by the Secretary under sub19 section (a)(4); and

20 ‘‘(B) possess or seek the authority to deny,

21 suspend, or revoke commercial motor vehicle

22 registrations based on the issuance of an oper23 ations out-of-service order by the Secretary.’’.

24 (b) PERFORMANCE AND REGISTRATION INFORMA25 TION SYSTEM MANAGEMENT GRANTS.—
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1 (1) IN GENERAL.—Subchapter I of chapter 311

2 of title 49, United States Code, is further amended

3 by adding at the end the following:

4 ‘‘§ 31109. Performance and registration information

5 system management

6 ‘‘(a) IN GENERAL.—The Secretary of Transportation

7 may make a grant to a State to implement the perform8 ance and registration information system management re9 quirements of section 31106(b).

10 ‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made

11 available to a State under this section shall remain avail12 able until expended.’’.

13 (2) CONFORMING AMENDMENT.—The analysis

14 for such subchapter is amended by adding at the

15 end the following:

‘‘31109. Performance and registration information system management.’’.

16 SEC. 4115. DATA QUALITY IMPROVEMENT.

17 Section 31106(a)(3) of title 49, United States Code,

18 is amended—

19 (1) by striking ‘‘and’’ at the end of subpara20 graph (D);

21 (2) by striking the period at the end of sub22 paragraph (E) and inserting a semicolon; and

23 (3) by adding at the end the following:

24 ‘‘(F) ensure, to the maximum extent prac25 tical, all the data is complete, timely, and accu-
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1 rate across all information systems and initia2 tives; and

3 ‘‘(G) establish and implement a national

4 motor carrier safety data correction system.’’.

5 SEC. 4116. DRIVEAWAY SADDLEMOUNT VEHICLES.

6 (a) DEFINITION.—Section 31111(a) of tile 49,

7 United States Code, is amended by adding at the end of

8 the following:

9 ‘‘(4) DRIVE-AWAY SADDLEMOUNT WITH

10 FULLMOUNT VEHICLE TRANSPORTER COMBINA11 TION.—The term ‘drive-away saddlemount with

12 fullmount vehicle transporter combination’ means a

13 vehicle combination designed and specifically used to

14 tow up to 3 trucks or truck tractors, each connected

15 by a saddle to the frame or fifth-wheel of the for16 ward vehicle of the truck or truck tractor in front

17 of it.’’.

18 (b) GENERAL LIMITATIONS.—Section 31111(b)(1) of

19 such title is amended—

20 (1) by redesignating subparagraphs (D) and

21 (E) as subparagraphs (E) and (F), respectively; and

22 (2) by inserting after subparagraph (C) the fol23 lowing:

24 ‘‘(D) imposes a vehicle length limitation of not

25 less than or more than 97 feet on a driveaway
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1 saddlemount with fullmount vehicle transporter com2 binations;’’.

3 SEC. 4117. COMPLETION OF UNIFORM CARRIER REGISTRA4 TION.

5 (a) IN GENERAL.—Section 14504 of title 49, United

6 States Code, and the item relating to such section in anal7 ysis for chapter 145 of such title, are repealed.

8 (b) CONFORMING AMENDMENTS.—Section 13908 of

9 such title is amended—

10 (1) in subsection (a) by striking ‘‘the single

11 State registration system under section 14504,’’;

12 (2) in subsection (b)—

13 (A) by striking paragraphs (2) and (3);

14 and

15 (B) by redesignating paragraphs (4), (5),

16 and (6) as paragraphs (2), (3), and (4), respec17 tively;

18 (3) by striking subsection (d); and

19 (4) by striking ‘‘(e) DEADLINE FOR CONCLU20 SION; MODIFICATION.—’’ and all that follows

21 through ‘‘1996,’’ and inserting the following:

22 ‘‘(d) DEADLINE FOR COMPLETION.—Not later than

23 1 year after the date of enactment of the Transportation

24 Equity Act: A Legacy for Users,’’.
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1 SEC. 4118. REGISTRATION OF MOTOR CARRIERS AND

2 FREIGHT FORWARDERS.

3 (a) DEFINITIONS RELATING TO MOTOR CARRIERS.—

4 Paragraphs (6), (7), (12), and (13) of section 13102 of

5 title 49, United States Code, are each amended by striking

6 ‘‘motor vehicle’’ and inserting ‘‘commercial motor vehicle

7 (as defined in section 31132)’’.

8 (b) FREIGHT FORWARDERS.—Section 13903(a) of

9 title 49, United States Code, is amended—

10 (1) by striking ‘‘The Secretary’’ and inserting

11 the following:

12 ‘‘(1) HOUSEHOLD GOODS.—The Secretary’’;

13 (2) by inserting ‘‘of household goods’’ after

14 ‘‘freight forwarder’’; and

15 (3) by adding at the end the following:

16 ‘‘(2) OTHERS.—The Secretary may register a

17 person to provide service subject to jurisdiction

18 under subchapter III of chapter 135 as a freight for19 warder (other than a freight forwarder of household

20 goods) if the Secretary finds that such registration

21 is needed for the protection of shippers and that the

22 person is fit, willing, and able to provide the service

23 and to comply with this part and applicable regula24 tions of the Secretary and Board.’’.
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1 SEC. 4119. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO

2 HIGHWAY TRUST FUND.

3 Sections 31138(d)(5) and 31139(f)(5) of title 49,

4 United States Code, are each amended by striking ‘‘Treas5 ury as miscellaneous receipts’’ and inserting ‘‘Highway

6 Trust Fund (other than the Mass Transit Account)’’.

7 SEC. 4120. OUTREACH AND EDUCATION.

8 (a) IN GENERAL.—The Secretary shall conduct,

9 through any combination of grants, contracts, or coopera10 tive agreements, an outreach and education program to

11 be administered by the Federal Motor Carrier Safety Ad12 ministration and the National Highway Traffic Safety Ad13 ministration.

14 (b) PROGRAM ELEMENTS.—The program shall in15 clude, at a minimum, the following:

16 (1) A program to promote a more comprehen17 sive and national effort to educate commercial motor

18 vehicle drivers and passenger vehicle drivers about

19 how commercial motor vehicle drivers and passenger

20 vehicle drivers can more safely share the road with

21 each other.

22 (2) A program to promote enhanced traffic en23 forcement efforts aimed at reducing the incidence of

24 the most common unsafe driving behaviors that

25 cause or contribute to crashes involving commercial

26 motor vehicles and passenger vehicles.
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1 (3) A program to establish a public-private

2 partnership to provide resources and expertise for

3 the development and dissemination of information

4 relating to sharing the road referred to in para5 graphs (1) and (2) to each partner’s constituents

6 and to the general public through the use of bro7 chures, videos, paid and public advertisements, the

8 Internet, and other media.

9 (c) FEDERAL SHARE.—The Federal share of a pro10 gram or activity for which a grant is made under this sec11 tion shall be 100 percent of the cost of such program or

12 activity.

13 (d) ANNUAL REPORT.—The Secretary shall prepare

14 and transmit to Congress an annual report on the pro15 grams and activities carried out under this section.

16 (e) FUNDING.—From amounts made available under

17 section 31104(i) of title 49, United States Code, the Sec18 retary shall make available $1,000,000 to the Federal

19 Motor Carrier Safety Administration, and $3,000,000 to

20 the National Highway Traffic Safety Administration, for

21 each of fiscal years 2005, 2006, 2007, 2008, and 2009

22 to carry out this section.

23 SEC. 4121. INSULIN TREATED DIABETES MELLITUS.

24 (a) NO PERIOD OF COMMERCIAL DRIVING WHILE

25 USING INSULIN REQUIRED FOR QUALIFICATION.—The
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1 Secretary may not require individuals with insulin-treated

2 diabetes mellitus who are applying for an exemption from

3 the physical qualification standards to have experience op4 erating commercial motor vehicles while using insulin in

5 order to be exempted from the physical qualification

6 standards to operate a commercial motor vehicle in inter7 state commerce.

8 (b) MINIMUM PERIOD OF INSULIN USE.—Subject to

9 subsection (a), the Secretary shall require individuals with

10 insulin-treated diabetes mellitus to have a minimum period

11 of insulin use to demonstrate stable control of diabetes

12 before operating a commercial motor vehicle in interstate

13 commerce. For individuals who have been newly diagnosed

14 with type 1 diabetes, the minimum period of insulin use

15 may not exceed 2 months, unless directed by the treating

16 physician. For individuals who have type 2 diabetes and

17 are converting to insulin use, the minimum period of insu18 lin use may not exceed 1 month, unless directed by the

19 treating physician.

20 (c) LIMITATIONS.—Insulin-treated individuals may

21 not be held by the Secretary to a higher standard of phys22 ical qualification in order to operate a commercial motor

23 vehicle in interstate commerce than other individuals ap24 plying to operate, or operating, a commercial motor vehicle

25 in interstate commerce; except to the extent that limited
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1 operating, monitoring, and medical requirements are

2 deemed medically necessary under regulations issued by

3 the Secretary.

4 SEC. 4122. GRANT PROGRAM FOR COMMERCIAL MOTOR VE5 HICLE OPERATORS.

6 (a) ESTABLISHMENT.—The Secretary shall establish

7 a grant program for training operators of commercial

8 motor vehicles (as defined in section 31301 of title 49,

9 United States Code). The purpose of the program shall

10 be to train operators and future operators in the safe use

11 of such vehicle.

12 (b) FEDERAL SHARE.—The Federal share of the cost

13 for which a grant is made under this section shall be 80

14 percent.

15 (c) FUNDING.—From amounts made available under

16 section 31104(i) of title 49, United States Code, the Sec17 retary shall make available $1,000,000 for each of fiscal

18 years 2005, 2006, 2007, 2008, and 2009 to carry out this

19 section.

20 SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVI21 SORY COMMITTEE.

22 (a) ESTABLISHMENT.—The Secretary shall establish

23 a commercial motor vehicle safety advisory committee to

24 provide advice and recommendations to the Secretary on

25 commercial motor vehicle safety regulations and other
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1 matters relating to activities and functions of the Federal

2 Motor Carrier Safety Administration.

3 (b) COMPOSITION.—The members of the advisory

4 committee shall be appointed by the Secretary and shall

5 include representatives of the motor carrier industry, driv6 ers, safety advocates, manufacturers, safety enforcement

7 officials, law enforcement agencies of border States, and

8 other individuals affected by rulemakings under consider9 ation by the Department of Transportation. Representa10 tives of a single interest group may not constitute a major11 ity of the members of the advisory committee.

12 (c) TERMINATION DATE.—The advisory committee

13 shall remain in effect until September 30, 2009.

14 SEC. 4124. SAFETY DATA IMPROVEMENT PROGRAM.

15 (a) IN GENERAL.—The Secretary shall make grants

16 to States for projects and activities to improve the accu17 racy, timeliness, and completeness of commercial motor

18 vehicle safety data reported to the Secretary.

19 (b) ELIGIBILITY.—A State shall be eligible for a

20 grant under this section in a fiscal year if the Secretary

21 determines that the State has—

22 (1) conducted a comprehensive audit of its com23 mercial motor vehicle safety data system within the

24 preceding 2 years;
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1 (2) developed a plan that identifies and

2 prioritizes its commercial motor vehicle safety data

3 needs and goals; and

4 (3) identified performance-based measures to

5 determine progress toward those goals.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated from the Highway Trust

8 Fund (other than the Mass Transit Account) to carry out

9 this section $3,000,000 for each of fiscal years 2005

10 through 2009.

11 (d) APPLICABILITY OF TITLE 23, UNITED STATES

12 CODE.—Funds authorized to be appropriated by this sec13 tion shall be available for obligation in the same manner

14 as if such funds were apportioned under chapter 1 of title

15 23, United States Code, except that the Federal share of

16 the cost of a project or activity carried out using such

17 funds shall be 80 percent and such funds shall remain

18 available until expended.

19 (e) BIENNIAL REPORT.—Not later 2 years after the

20 date of enactment of this Act, and biennially thereafter,

21 the Secretary shall transmit to Congress a report on the

22 activities and results of the program carried out under this

23 section, together with any recommendations the Secretary

24 determines appropriate.
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1 SEC. 4125. COMMERCIAL DRIVER’S LICENSE INFORMATION

2 SYSTEM MODERNIZATION.

3 (a) GENERAL AUTHORITY.—The Secretary may

4 make a grant to a State or organization representing

5 agencies and officials of a State in a fiscal year to mod6 ernize its commercial driver’s license information system

7 in accordance with subsection (c) if the State is in sub8 stantial compliance with the requirements of section

9 31311 of title 49, United States Code, and this section,

10 as determined by the Secretary. The Secretary shall estab11 lish criteria for the distribution of grants and notify each

12 State annually of such criteria.

13 (b) MODERNIZATION PLAN.—No later than 120 days

14 after the date of enactment of this Act, the Secretary shall

15 publish a comprehensive national plan to modernize the

16 commercial driver’s license information system. The plan

17 shall be developed in consultation with representatives of

18 the motor carrier industry, State safety enforcement agen19 cies, and State licensing agencies designated by the Sec20 retary.

21 (c) USE OF GRANT.—A State may use a grant under

22 this section only to implement improvements that are con23 sistent with the modernization plan developed by the Sec24 retary.

25 (d) PILOT PROGRAM.—
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1 (1) IN GENERAL.—The Secretary may conduct

2 with grants under this section a 3-year pilot pro3 gram in no more than 3 States to evaluate a system

4 for sharing driver’s license information on all com5 mercial and noncommercial driver’s licenses issued

6 in each participating State.

7 (2) FUNDING.—The Secretary may use no more

8 than 50 percent of the funds available to carry out

9 this section for the pilot program in any fiscal year.

10 (3) REPORT.—Not later than 1 year after the

11 last day of the pilot program, the Secretary shall

12 transmit to Congress a report on the results of the

13 pilot program.

14 (e) GOVERNMENT SHARE.—A grant under this sec15 tion to a State or organization may not be for more than

16 80 percent of the costs incurred by the State or organiza17 tion in a fiscal year in implementing the modernization

18 program developed by the Secretary. In determining these

19 costs, the Secretary shall include in-kind contributions of

20 the State.

21 (f) FUNDING.—There are authorized to be appro22 priated from the Highway Trust Fund (other than the

23 Mass Transit Account) to carry out this section—

24 (1) $6,000,000 for fiscal year 2005;

25 (2) $6,000,000 for fiscal year 2006;
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1 (3) $6,000,000 for fiscal year 2007;

2 (4) $6,000,000 for fiscal year 2008; and

3 (5) $6,000,000 for fiscal year 2009.

4 (g) CONTRACT AUTHORITY AND AVAILABILITY.—

5 (1) PERIOD OFAVAILABILITY.—The amounts

6 made available under subsection (f) shall remain

7 available until expended.

8 (2) INITIAL DATE OFAVAILABILITY.—Amounts

9 authorized to be appropriated from the Highway

10 Trust Fund (other than the Mass Transit Account)

11 by subsection (f) shall be available for obligation on

12 the date of their apportionment or allocation or on

13 October 1 of the fiscal year for which they are au14 thorized, whichever occurs first.

15 (3) CONTRACT AUTHORITY.—Approval by the

16 Secretary of a grant with funds made available

17 under subsection (f) imposes upon the United States

18 a contractual obligation for payment of the Govern19 ment’s share of costs incurred in carrying out the

20 objectives of the grant.

21 SEC. 4126. MAXIMUM HOURS OF SERVICE FOR OPERATORS

22 OF GROUND WATER WELL DRILLING RIGS.

23 Section 345(a)(2) of the National Highway System

24 Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat

25 613) is amended by adding at the end the following: ‘‘Ex-
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1 cept as required in section 395.3 of title 49, Code of Fed2 eral Regulations, as in effect on the date of enactment

3 of this sentence, no additional off-duty time shall be re4 quired in order to operate such vehicle.’’.

5 SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING.

6 (a) IN GENERAL.—The Secretary shall provide per7 sons conducting preemployment screening services for the

8 motor carrier industry electronic access to the following

9 reports contained in the Motor Carrier Management Infor10 mation System:

11 (1) Commercial motor vehicle accident reports.

12 (2) Inspection reports that contain no driver-re13 lated safety violations.

14 (3) Serious driver-related safety violation in15 spection reports.

16 (b) CONDITIONS ON PROVIDING ACCESS.—Before

17 providing a person access to the Motor Carrier Manage18 ment Information System under subsection (a), the Sec19 retary shall—

20 (1) ensure that any information that is released

21 to such person will be in accordance with the Fair

22 Credit Reporting Act (15 U.S.C. 1681 et seq.) and

23 all other applicable Federal law;
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1 (2) ensure that such person will not conduct a

2 screening without the operator-applicant’s written

3 consent;

4 (3) ensure that any information that is released

5 to such person will not be released to any person or

6 entity, other than the motor carrier requesting the

7 screening services or the operator-applicant, unless

8 expressly authorized or required by law; and

9 (4) provide a procedure for the operator-appli10 cant to correct inaccurate information in the System

11 in a timely manner.

12 (c) DESIGN.—The process for providing access to the

13 Motor Carrier Management Information System under

14 subsection (a) shall be designed to assist the motor carrier

15 industry in assessing an individual operator’s crash and

16 serious safety violation inspection history as a preemploy17 ment condition. Use of the process shall not be mandatory

18 and may only be used during the preemployment assess19 ment of an operator-applicant.

20 (d) SERIOUS OPERATOR-RELATED SAFETY VIOLA21 TION DEFINED.—In this section, the term ‘‘serious oper22 ator-related violation’’ means a violation by an operator

23 of a commercial motor vehicle (as defined in section 31102

24 of title 49, United States Code) that the Secretary deter25 mines will result in the operator being prohibited from
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1 continuing to operate a commercial motor vehicle until the

2 violation is corrected.

3 SEC. 4128. INTERMODAL CHASSIS ROADABILITY RULE-MAK4 ING.

5 (a) IN GENERAL.—Not later than 1 year after the

6 date of enactment of this Act, the Secretary, after pro7 viding notice and opportunity for comment, shall issue

8 regulations establishing a program to ensure that inter9 modal equipment used to transport intermodal containers

10 are safe.

11 (b) MOTOR CARRIER SAFETY REGULATIONS.—The

12 regulations under this section shall be issued as part of

13 the Federal motor carrier safety regulations of the De14 partment of Transportation.

15 (c) CONTENTS.—The regulations issued under this

16 section shall include, at a minimum—

17 (1) a requirement to identify providers of inter18 modal equipment that is interchanged or intended

19 for interchange to motor carriers in intermodal

20 transportation;

21 (2) a requirement to match such intermodal

22 equipment readily to the intermodal equipment pro23 vider through a unique identifying number;
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1 (3) a requirement to ensure that each inter2 modal equipment provider maintains a system of

3 maintenance and repair records for such equipment;

4 (4) a requirement to evaluate the compliance of

5 intermodal equipment providers with the applicable

6 Federal motor carrier safety regulations;

7 (5) a provision that—

8 (A) establishes a civil penalty structure

9 consistent with section 521(b) of title 49,

10 United States Code, for intermodal equipment

11 providers that fail to attain satisfactory compli12 ance with applicable Federal motor carrier safe13 ty regulations; and

14 (B) prohibits intermodal equipment pro15 viders from placing intermodal equipment on

16 the public highways if such providers are found

17 to pose an imminent hazard;

18 (6) a process by which motor carriers and

19 agents of motor carriers may petition the Federal

20 Motor Carrier Safety Administration to undertake

21 an investigation of a noncompliant intermodal equip22 ment provider; and

23 (7) an inspection and audit program of inter24 modal equipment providers.
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1 (d) DEADLINE FOR RULEMAKING PROCEEDING.—

2 The regulations under this section shall be issued pursu3 ant to a rulemaking proceeding initiated not later than

4 90 days after the date of enactment of this Act.

5 (e) DEFINITIONS.—In this section, the following defi6 nitions apply:

7 (1) INTERMODAL EQUIPMENT.—The term

8 ‘‘intermodal equipment’’ means equipment that is

9 commonly used in the intermodal transportation of

10 freight over public highways in interstate commerce

11 (as defined in section 31132 of title 49, United

12 States Code), including trailers, chassis, and any as13 sociated devices.

14 (2) INTERMODAL EQUIPMENT PROVIDER.—The

15 term ‘‘intermodal equipment provider’’ means any

16 person with any legal right, title, or interest in inter17 modal equipment that interchanges such equipment

18 to a motor carrier.

19 (3) INTERCHANGE.—The term ‘‘interchange’’

20 means the act of providing intermodal equipment to

21 a motor carrier for the purpose of transporting the

22 equipment for loading or unloading by any person or

23 repositioning the equipment for the benefit of the

24 equipment provider. Such term does not include the

25 leasing of equipment to a motor carrier for use in
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1 the motor carrier’s over-the-road freight hauling op2 erations.

3 (f) INSPECTION, REPAIR, AND MAINTENANCE OF

4 INTERMODAL EQUIPMENT.—Section 31136 of title 49,

5 United States Code, is amended by adding at the end the

6 following:

7 ‘‘(g) INSPECTION, REPAIR, AND MAINTENANCE OF

8 INTERMODAL EQUIPMENT.—The Secretary, or an em9 ployee of the Department of Transportation designated by

10 the Secretary, may inspect intermodal equipment, and

11 copy related maintenance and repair records for such

12 equipment, on demand and display of proper credentials

13 to inspect intermodal equipment.’’.

14 (g) JURISDICTION OVER EQUIPMENT PROVIDERS.—

15 Section 31132(1) of such title is amended by inserting

16 after ‘‘towed vehicle’’ the following: ‘‘(including intermodal

17 equipment, including trailers, chassis and associated de18 vices, commonly used for the transportation of intermodal

19 freight via highway)’’.

20 SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS.

21 The Secretary shall conduct a rulemaking to permit

22 State licensed or certified mental health counselors or ad23 diction specialists certified by the American Academy of

24 Health Care Providers in the Addictive Disorders to act
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1 as substance abuse professionals under subpart O of part

2 40 of title 49, Code of Federal Regulations.

3 SEC. 4130. INTERSTATE VAN OPERATIONS.

4 The Federal motor carrier safety regulations (other

5 than regulations relating to commercial drivers license and

6 drug and alcohol testing requirements) shall apply to all

7 interstate operations of commercial motor vehicles used to

8 transport between 9 and 15 passengers (including the

9 driver), regardless of the distance traveled.

10 SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTIL11 ITY SERVICE VEHICLES.

12 Section 345 of the National Highway System Des13 ignation Act of 1995 (49 U.S.C. 31136 note; 109 sTAT.

14 613) is amended—

15 (1) in subsection (a) by striking paragraph (4)

16 and inserting the following:

17 ‘‘(4) OPERATORS OFUTILITY SERVICE VEHI18 CLES.—

19 ‘‘(A) INAPPLICABILITY OFFEDERAL REGU20 LATIONS.—Such regulations shall not apply to

21 a driver of a utility service vehicle.

22 ‘‘(B) PROHIBITION ON STATE REGULA23 TIONS.—A State, a political subdivision of a

24 State, an interstate agency, or other entity con25 sisting of 2 or more States, shall not enact or
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1 enforce any law, rule, regulation, or standard

2 that imposes requirements on a driver of a util3 ity service vehicle that are similar to the re4 quirements contained in such regulations.’’.

5 (2) in subsection (b) by striking ‘‘Nothing’’ and

6 inserting ‘‘Except as provided in subsection (a)(4),

7 nothing’’; and

8 (3) in the first sentence of subsection (c) by

9 striking ‘‘paragraph (2)’’ and inserting ‘‘an exemp10 tion under paragraph (2) or (4)’’.

11 SEC. 4132. HOURS OF SERVICE RULES FOR OPERATORS

12 PROVIDING TRANSPORTATION TO MOVIE

13 PRODUCTION SITES.

14 Notwithstanding sections 31136 and 31502 of title

15 49, United States Code, and any other provision of law,

16 the maximum daily hours of service for an operator of a

17 commercial motor vehicle providing transportation of

18 property or passengers to or from a theatrical or television

19 motion picture production site located within a 100 air

20 mile radius of the work reporting location of such operator

21 shall be those in effect under the regulations in effect

22 under such sections on April 27, 2003.
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1 SEC. 4133. TECHNICAL CORRECTIONS.

2 (a) INTERMODAL TRANSPORTATION ADVISORY

3 BOARD.—Section 5502(b) of title 49, United States Code,

4 is amended—

5 (1) by striking ‘‘and’’ at the end of paragraph

6 (4);

7 (2) by striking the period at the end of para8 graph (5) and inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(6) the Federal Motor Carrier Safety Adminis11 tration.’’.

12 (b) REFERENCE TO AGENCY.—Section 31502(e) of

13 such title is amended—

14 (1) in paragraph (2) by striking ‘‘Regional Di15 rector of the Federal Highway Administration’’ and

16 inserting ‘‘Field Administrator of the Federal Motor

17 Carrier Safety Administration’’; and

18 (2) in paragraph (3) by striking ‘‘Regional Di19 rector’’ and inserting ‘‘Field Administrator’’.

20 SEC. 4134. OPERATORS OF VEHICLES TRANSPORTING AGRI21 CULTURAL COMMODITIES AND FARM SUP22 PLIES.

23 (a) AGRICULTURAL EXEMPTION.—Section 345(a)(1)

24 of the National Highway System Designation Act of 1995

25 (49 U.S.C. 31136 note; 109 Stat. 613) is amended to read

26 as follows:
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1 ‘‘(1) TRANSPORTATION OFAGRICULTURAL COM2 MODITIES AND FARM SUPPLIES.—Regulations pre3 scribed by the Secretary under sections 31136 and

4 31502 of title 49, United States Code, regarding

5 maximum driving and on-duty time for drivers used

6 by motor carriers shall not apply during planting

7 and harvest periods, as determined by each State to

8 drivers transporting agricultural commodities or

9 farm supplies for agricultural purposes in a State if

10 such transportation is limited to an area within a

11 100 air mile radius from the source of the commod12 ities or the distribution point for the farm sup13 plies.’’.

14 (b) DEFINITIONS.—Section 345(e) of such Act of

15 1995 (109 Stat. 614) is amended by adding at the end

16 the following:

17 ‘‘(7) AGRICULTURAL COMMODITY.—The term

18 ‘agricultural commodity’ means products grown on

19 and harvested from the land during the planting and

20 harvesting seasons within each State, as determined

21 by the State.

22 ‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PUR23 POSES.—The term ‘farm supplies for agricultural

24 purposes’ means products directly related to the

25 growing or harvesting of agricultural commodities
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1 during the planting and harvesting seasons within

2 each State, as determined by the State, and livestock

3 feed at any time of the year.’’.

4 Subtitle B—Household Goods

5 Transportation

6 SEC. 4201. FEDERAL-STATE RELATIONS RELATING TO

7 TRANSPORTATION OF HOUSEHOLD GOODS.

8 (a) NONPREEMPTION OF INTRASTATE TRANSPOR9 TATION OF HOUSEHOLD GOODS.—Section

10 14501(c)(2)(B) of title 49, United States Code, is amend11 ed by inserting ‘‘intrastate’’ before ‘‘transportation’’.

12 (b) ENFORCEMENT OF CONSUMER PROTECTION

13 WITH RESPECT TO INTERSTATE HOUSEHOLD GOODS

14 CARRIERS.—Chapter 145 of such title is amended by add15 ing at the end the following:

16 ‘‘§ 14506. Enforcement of Federal regulations by State

17 attorneys general

18 ‘‘(a) IN GENERAL.—A State, as parens patriae, may

19 bring a civil action on behalf of a resident of the State

20 in an appropriate district court of the United States to

21 enforce a regulation or order of the Secretary or Board—

22 ‘‘(1) to protect an individual shipper of house23 hold goods if such regulation or order governs the

24 delivery of the shipper’s household goods; or
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1 ‘‘(2) to impose a civil penalty under section

2 14915 whenever the attorney general of the State

3 has reason to believe that the interests of the resi4 dents of the State have been or are being threatened

5 or adversely affected by—

6 ‘‘(A) a carrier or broker providing trans7 portation of household goods subject to jurisdic8 tion under subchapter I or III of chapter 135

9 who is committing repeat violations of section

10 14915; or

11 ‘‘(B) a foreign motor carrier providing

12 transportation of household goods who is reg13 istered under section 13902 and who is commit14 ting repeat violations of section 14915.

15 ‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—

16 Nothing in this section shall be construed—

17 ‘‘(1) as preventing an attorney general from ex18 ercising the powers conferred on the attorney gen19 eral by the laws of such State to conduct investiga20 tions or to administer oaths or affirmations or to

21 compel the attendance of witnesses or the production

22 of documentary and other evidence;

23 ‘‘(2) as prohibiting a State official from pro24 ceeding in State court to enforce a criminal statute

25 of the State;
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1 ‘‘(3) as authorizing a State or political subdivi2 sion of a State to bring an enforcement action under

3 a consumer protection law, regulation, or other pro4 vision of the State relating to interstate transpor5 tation of household goods (as defined in section

6 13102(10)(A)) with respect to an activity that is in7 consistent with Federal laws and regulations relating

8 to interstate transportation of household goods; or

9 ‘‘(4) as authorizing a State, as parens patriae,

10 to bring a class civil action on behalf of its residents

11 to enforce a regulation or order of the Secretary or

12 Board.

13 ‘‘(c) ACTIONS BY THE SECRETARY OR BOARD.—

14 Whenever a civil action has been instituted by or on behalf

15 of the Secretary or Board for violation of section 14915,

16 no State may, during the pendency of such action, insti17 tute a civil action under subsection (a) against any defend18 ant named in the complaint relating to such violation.

19 ‘‘(d) VENUE; SERVICE OF PROCESS.—Any civil ac20 tion to be brought under subsection (a) in a district court

21 of the United States may be brought in the district in

22 which the defendant is found, is an inhabitant, or trans23 acts business or wherever venue is proper under section

24 1391 of title 28. Process in such an action may be served
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1 in any district in which the defendant is an inhabitant or

2 in which the defendant may be found.’’.

3 (c) CONFORMING AMENDMENT.—The analysis for

4 such chapter is amended by adding at the end the fol5 lowing:

‘‘14506. Enforcement of Federal regulations by State attorneys general.’’.

6 SEC. 4202. ARBITRATION REQUIREMENTS.

7 (a) OFFERING SHIPPERS ARBITRATION.—Section

8 14708(a) of title 49, United States Code, is amended by

9 inserting before the period at the end the following: ‘‘and

10 to determine whether carrier charges, in addition to those

11 collected at delivery, must be paid by the shipper for trans12 portation and services related to the transportation of

13 household goods’’.

14 (b) THRESHOLD FOR BINDING ARBITRATION.—Sec15 tion 14708(b)(6) of such title is amended by striking

16 ‘‘$5,000’’ each place it appears and inserting ‘‘$10,000’’.

17 (c) DEADLINE FOR DECISION.—Section 14708(b)(8)

18 of such title is amended—

19 (1) by striking ‘‘and’’; and

20 (2) by inserting after ‘‘for damages’’ the fol21 lowing: ‘‘, and an order requiring the payment of ad22 ditional carrier charges’’.

23 (d) ATTORNEY’S FEES TO SHIPPERS.—Section

24 14708(d)(3) of such title is amended—
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1 (1) by redesignating subparagraphs (A) and

2 (B) as subparagraphs (B) and (C), respectively; and

3 (2) by inserting before subparagraph (B) (as so

4 redesignated) the following:

5 ‘‘(A) the shipper was not advised by the carrier

6 during the claim settlement process that a dispute

7 settlement program was available to resolve the dis8 pute;’’.

9 SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD

10 GOODS BROKERS AND UNAUTHORIZED

11 TRANSPORTATION.

12 Section 14901(d) of title 49, United States Code, is

13 amended—

14 (1) by striking ‘‘If a carrier’’ and inserting the

15 following:

16 ‘‘(1) IN GENERAL.—If a carrier’’; and

17 (2) by adding at the end the following:

18 ‘‘(2) ESTIMATE OFBROKER WITHOUT CARRIER

19 AGREEMENT.—If a broker for transportation of

20 household goods subject to jurisdiction under sub21 chapter I of chapter 135 makes an estimate of the

22 cost of transporting any such goods before entering

23 into an agreement with a carrier to provide trans24 portation of household goods subject to such juris25 diction, the broker is liable to the United States for
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1 a civil penalty of not less than $10,000 for each vio2 lation.

3 ‘‘(3) UNAUTHORIZED TRANSPORTATION.—If a

4 person provides transportation of household goods

5 subject to jurisdiction under subchapter I of chapter

6 135 or provides broker services for such transpor7 tation without being registered under chapter 139 to

8 provide such transportation or services as a motor

9 carrier or broker, as the case may be, such person

10 is liable to the United States for a civil penalty of

11 not less than $25,000 for each violation.’’.

12 SEC. 4204. PENALTIES FOR HOLDING HOUSEHOLD GOODS

13 HOSTAGE.

14 (a) IN GENERAL.—Chapter 149 of title 49, United

15 States Code, is amended by adding at the end the fol16 lowing:

17 ‘‘§ 14915. Holding household goods hostage

18 ‘‘(a) HOLDING HOUSEHOLD GOODS HOSTAGE DE19 FINED.—For purposes of this section, the term ‘holding

20 household goods hostage’ means the knowing and willful

21 refusal to relinquish possession of a shipment of household

22 goods described in section 13102(10)(A) upon payment of

23 not more than 100 percent of a binding estimate (or, in

24 the case of a nonbinding estimate, not more than 110 per25 cent of the estimated charges for such shipment).
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1 ‘‘(b) CIVIL PENALTY.—Whoever is found holding a

2 household goods shipment hostage is liable to the United

3 States for a civil penalty of not less than $10,000 for each

4 violation. If such person is a carrier or broker, the Sec5 retary may suspend for a period of not less than 6 months

6 the registration of such carrier or broker under chapter

7 139.

8 ‘‘(c) CRIMINAL PENALTY.—A motor carrier that has

9 been convicted of knowingly and willfully holding house10 hold goods hostage by falsifying documents or demanding

11 the payment of charges for services that were not per12 formed or were not necessary in the safe and adequate

13 movement of a shipment of household goods shall be fined

14 under title 18, or imprisoned not more than 2 years, or

15 both.’’.

16 (b) CONFORMING AMENDMENT.—The analysis for

17 such chapter is amended by adding at the end the fol18 lowing:

‘‘14915. Holding household goods hostage.’’.

19 SEC. 4205. WORKING GROUP FOR DEVELOPMENT OF PRAC20 TICES AND PROCEDURES TO ENHANCE FED21 ERAL-STATE RELATIONS.

22 (a) IN GENERAL.—Not later than 90 days after the

23 date of enactment of this Act, the Secretary shall establish

24 a working group of State attorneys general, State con25 sumer protection administrators, and Federal and local
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1 law enforcement officials for the purpose of developing

2 practices and procedures to enhance the Federal-State

3 partnership in enforcement efforts, exchange of informa4 tion, and coordination of enforcement efforts with respect

5 to interstate transportation of household goods and of

6 making legislative and regulatory recommendations to the

7 Secretary concerning such enforcement efforts.

8 (b) CONSULTATION.—In carrying out subsection (a),

9 the working group shall consult with industries involved

10 in the transportation of household goods.

11 (c) FEDERAL ADVISORY COMMITTEE ACT EXEMP12 TION.—The Federal Advisory Committee Act (5 U.S.C.

13 App.) shall not apply to the working group established

14 under subsection (a).

15 (d) TERMINATION DATE.—The working group shall

16 remain in effect until September 30, 2009.

17 SEC. 4206. CONSUMER HANDBOOK ON DOT WEB SITE.

18 Not later than 1 year after the date of enactment

19 of this Act, the Secretary shall take such action as may

20 be necessary to ensure that publication ESA 03005 of the

21 Federal Motor Carrier Safety Administration entitled

22 ‘‘Your Rights and Responsibilities When You Move’’, is

23 prominently displayed, and available in language that is

24 readily understandable by the general public, on the Web

25 site of the Department of Transportation.
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1 SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER IN2 FORMATION.

3 Not later than 1 year after the date of enactment

4 of this Act, the Secretary shall modify the regulations con5 tained in part 375 of title 49, Code of Federal Regula6 tions, to require a broker that is subject to such regula7 tions to provide shippers with the following information

8 whenever they have contact with a shipper or potential

9 shipper:

10 (1) The Department of Transportation number

11 of the broker.

12 (2) The ESA 03005 publication referred to in

13 section 4206 of this Act.

14 (3) A list of all motor carriers providing trans15 portation of household goods used by the broker and

16 a statement that the broker is not a motor carrier

17 providing transportation of household goods.

18 SEC. 4208. CONSUMER COMPLAINT INFORMATION.

19 (a) ESTABLISHMENT OF SYSTEM.—Not later than 1

20 year after the date of enactment of this Act, the Secretary

21 shall—

22 (1) establish a system for filing and logging

23 consumer complaints relating to motor carriers pro24 viding transportation of household goods and for

25 compiling complaint information gathered by the De26 partment of Transportation and the States with re-
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1 gard to such carriers, a database of the complaints,

2 and a procedure for the public to have access to ag3 gregated information and for carriers to challenge

4 duplicate or fraudulent information in the database;

5 and

6 (2) issue regulations requiring each motor car7 rier of household goods to submit on a quarterly

8 basis a report summarizing—

9 (A) the number of shipments that originate

10 and are delivered for individual shippers during

11 the reporting period by the carrier;

12 (B) the number and general category of

13 complaints lodged by consumers with the car14 rier;

15 (C) the number of claims filed with the

16 carrier for loss and damage in excess of $500;

17 (D) the number of such claims resolved

18 during the reporting period;

19 (E) the number of such claims declined in

20 the reporting period; and

21 (F) the number of such claims that are

22 pending at the close of the reporting period.

23 (b) USE OF INFORMATION.—The Secretary shall con24 sider information in the data base established under sub-
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1 section (a) in its household goods compliance and enforce2 ment program.

3 SEC. 4209. INSURANCE REGULATIONS.

4 (a) REVIEW.—Not later than 1 year after the date

5 of enactment of this Act, the Secretary shall undertake

6 a review of the current Federal regulations regarding in7 surance coverage provided by motor carriers providing

8 transportation of household goods and revise such regula9 tions in order to provide enhanced protection for shippers

10 in the case of loss or damage as determined necessary.

11 (b) DETERMINATIONS.—The review shall include, but

12 not be limited to, a determination of—

13 (1) whether the current regulations provide ade14 quate protection for shippers;

15 (2) whether an individual shipper should pur16 chase insurance as opposed to the carrier; and

17 (3) whether there are abuses of the current reg18 ulations that leave the shipper unprotected in loss

19 and damage claims.

20 SEC. 4210. ESTIMATING REQUIREMENTS.

21 Section 14104(b)(1) of title 49, United States Code,

22 is amended to read as follows:

23 ‘‘(1) REQUIRED TO BE IN WRITING.—

24 ‘‘(A) IN GENERAL.—Except as otherwise

25 provided in this subsection, every motor carrier
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1 providing transportation of household goods de2 scribed in section 13102(10)(A) subject to ju3 risdiction under subchapter I of chapter 135

4 shall conduct a physical survey of the household

5 goods to be transported on behalf of a prospec6 tive individual shipper and shall provide the

7 shipper with a written estimate of charges for

8 the transportation and all related services.

9 ‘‘(B) WAIVER.—A shipper may elect to

10 waive a physical survey under this paragraph by

11 written agreement signed by the shipper before

12 the shipment is loaded. A copy of the waiver

13 agreement must be retained as an addendum to

14 the bill of lading and shall be subject to the

15 same record inspection and preservation re16 quirements of the Secretary as are applicable to

17 bills of lading.

18 ‘‘(C) ESTIMATE.—

19 ‘‘(i) IN GENERAL.—Notwithstanding a

20 waiver under subparagraph (B), a carrier’s

21 statement of charges for transportation

22 must be submitted to the shipper in writ23 ing and must indicate whether it is binding

24 or nonbinding.
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1 ‘‘(ii) BINDING.—A binding estimate

2 under this paragraph must indicate that

3 the carrier and shipper are bound by such

4 charges. The carrier may impose a charge

5 for providing a written binding estimate.

6 ‘‘(iii) NONBINDING.—A nonbinding

7 estimate under this paragraph must indi8 cate that the actual charges will be based

9 upon the actual weight of the individual

10 shipper’s shipment and the carrier’s lawful

11 tariff charges. The carrier may not impose

12 a charge for providing a nonbinding esti13 mate.’’.

14 SEC. 4211. APPLICATION OF STATE CONSUMER PROTEC15 TION LAWS TO CERTAIN HOUSEHOLD GOODS

16 CARRIERS.

17 (a) STUDY.—The Comptroller General shall conduct

18 a study on the current consumer protection authorities

19 and actions of the Department of Transportation and the

20 impact on shippers and carriers of houshold goods involved

21 in interstate transportation of allowing State attorneys

22 general to apply State consumer protection laws to such

23 transportation.
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1 (b) MATTERS TO BE CONSIDERED.—In conducting

2 the study, the Comptroller General shall consider, at a

3 minimum—

4 (1) the level of consumer protection being pro5 vided to consumers through Federal household goods

6 regulations and how household goods regulations re7 lating to consumer protection compare to regulations

8 relating to consumer protection for other modes of

9 transportation regulated by the Department of

10 Transportation;

11 (2) the history and background of State en12 forcement of State consumer protection laws on

13 household goods carriers providing intrastate trans14 portation and what effects such laws have on the

15 ability of intrastate household goods carriers to op16 erate;

17 (3) what operational impacts, if any, would re18 sult on household goods carriers engaged in inter19 state commerce being subject to the State consumer

20 protection laws; and

21 (4) the potential for States to regulate rates or

22 other business operations if State consumer protec23 tion laws applied to interstate household goods

24 movements.
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1 (c) CONSULTATION.—In conducting the study, the

2 Comptroller General shall consult with the Secretary,

3 State attorneys general, consumer protection agencies,

4 and the household goods industry.

5 (d) REPORT.—Not later than 18 months after the

6 date of enactment of this Act, the Comptroller General

7 shall transmit to the Committee of Transportation and In8 frastructure of the House of Representatives and the Com9 mittee on Commerce, Science and Transportation of the

10 Senate a report on the results of the study.

11 SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR

12 CARRIERS.

13 (a) IN GENERAL.—The provisions of title 49, United

14 States Code, and this Act (including any amendments

15 made by this Act) relating to the transportation of house16 hold goods shall only apply to household goods motor car17 riers.

18 (b) HOUSEHOLD GOODS MOTOR CARRIER DE19 FINED.—In this section, the term ‘‘household goods motor

20 carrier’’ means a motor carrier as defined in section

21 13102(12) of title 49, United States Code, which, in the

22 ordinary course of its business of providing transportation

23 of household goods, offers some or all of the following ad24 ditional services: binding and nonbinding estimates,

25 inventorying, protective packing and unpacking of indi-
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1 vidual items, and loading and unloading at personal resi2 dences.

3 TITLE V—TRANSPORTATION

4 RESEARCH AND EDUCATION

5 Subtitle A—Funding

6 SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.

7 (a) IN GENERAL.—The following sums are author8 ized to be appropriated out of the Highway Trust Fund

9 (other than the Mass Transit Account):

10 (1) SURFACE TRANSPORTATION RESEARCH, DE11 VELOPMENT, AND DEPLOYMENT PROGRAM.—To

12 carry out sections 502, 503, 506, 507, 509, and 510

13 of title 23, United States Code, and sections 5207,

14 5210, 5211, and 5402 of this title—

15 (A) $169,000,000 for fiscal year 2004;

16 (B) $239,500,000 for fiscal year 2005;

17 (C) $239,500,000 for fiscal year 2006;

18 (D) $239,500,000 for fiscal year 2007;

19 (E) $239,500,000 for fiscal year 2008; and

20 (F) $239,500,000 for fiscal year 2009.

21 (2) TRAINING AND EDUCATION.—To carry out

22 section 504 of title 23, United States Code, and sec23 tion 5211 of this Act, $24,500,000 for fiscal year

24 2004 and $33,500,000 for each of fiscal years 2005

25 through 2009.
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1 (3) BUREAU OFTRANSPORTATION STATIS2 TICS.—For the Bureau of Transportation Statistics

3 to carry out section 111 of title 49, United States

4 Code, $31,000,000 for fiscal year 2004 and

5 $33,000,000 for each of fiscal years 2005 through

6 2009.

7 (4) UNIVERSITY TRANSPORTATION RE8 SEARCH.—To carry out sections 5505 and 5506 of

9 title 49, United States Code, $54,500,000 for fiscal

10 year 2004 and $71,000,000 for each of fiscal years

11 2005 through 2009.

12 (5) INTELLIGENT TRANSPORTATION SYSTEMS

13 (ITS) RESEARCH.—To carry out subtitle F of this

14 title, $115,000,000 for each of fiscal years 2004

15 through 2009.

16 (6) ITS DEPLOYMENT.—To carry out sections

17 5208 and 5209 of the Transportation Equity Act for

18 the 21st Century (112 Stat. 458; 112 Stat. 460),

19 $100,000,000 for fiscal year 2004.

20 (b) APPLICABILITY OF TITLE 23, UNITED STATES

21 CODE.—Funds authorized to be appropriated by sub22 section (a) shall be available for obligation in the same

23 manner as if such funds were apportioned under chapter

24 1 of title 23, United States Code; except that the Federal

25 share of the cost of a project or activity carried out using
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1 such funds shall be 50 percent, unless otherwise expressly

2 provided by this Act (including the amendments made by

3 this Act) or otherwise determined by the Secretary, and

4 such funds shall remain available until expended and shall

5 not be transferable.

6 SEC. 5102. OBLIGATION CEILING.

7 Notwithstanding any other provision of law, the total

8 of all obligations from amounts made available from the

9 Highway Trust Fund (other than the Mass Transit Ac10 count) by sections 5101(a) and 5401 of this Act shall not

11 exceed $483,000,000 for fiscal year 2004, $484,000,000

12 for fiscal year 2005, $485,000,000 for fiscal year 2006,

13 $485,000,000 for fiscal year 2007, $486,000,000 for fis14 cal year 2008, and $487,000,000 for fiscal year 2009.

15 SEC. 5103. FINDINGS.

16 The Congress finds the following:

17 (1) Research and development are critical to de18 veloping and maintaining a transportation system

19 that meets the goals of safety, mobility, economic vi20 tality, efficiency, equity, and environmental protec21 tion.

22 (2) Federally sponsored surface transportation

23 research and development has produced many suc24 cesses. The development of rumble strips has in25 creased safety; research on materials has increased
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1 the lifespan of pavements, saving money and reduc2 ing the disruption caused by construction; and Geo3 graphic Information Systems have improved the

4 management and efficiency of transit fleets.

5 (3) Despite these important successes, the Fed6 eral surface transportation research and develop7 ment investment represents less than one percent of

8 overall government spending on surface transpor9 tation.

10 (4) While Congress increased funding for over11 all transportation programs by about 40 percent in

12 the Transportation Equity Act for the 21st Century,

13 funding for transportation research and development

14 remained relatively flat.

15 (5) The Federal investment in research and de16 velopment should be balanced between short-term

17 applied and long-term fundamental research and de18 velopment. The investment should also cover a wide

19 range of research areas, including research on mate20 rials and construction, research on operations, re21 search on transportation trends and human factors,

22 and research addressing the institutional barriers to

23 deployment of new technologies.

24 (6) Therefore, Congress finds that it is in the

25 United States interest to increase the Federal in-
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1 vestment in transportation research and develop2 ment, and to conduct research in critical research

3 gaps, in order to ensure that the transportation sys4 tem meets the goals of safety, mobility, economic vi5 tality, efficiency, equity, and environmental protec6 tion.

7 Subtitle B—Research, Technology,

8 and Education

9 SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION.

10 (a) RESEARCH, TECHNOLOGY, AND EDUCATION.—

11 Title 23, United States Code, is amended—

12 (1) in the table of chapters by striking the item

13 relating to chapter 5 and inserting the following:

‘‘5. RESEARCH, TECHNOLOGY, AND EDUCATION ............... 501’’.

14 (2) by striking the heading for chapter 5 and

15 inserting the following:

16 ‘‘CHAPTER 5—RESEARCH, TECHNOLOGY,

17 AND EDUCATION’’.

18 (b) STATEMENT OF PRINCIPLES GOVERNING RE19 SEARCH AND TECHNOLOGY INVESTMENTS.—Section 502

20 of such title is amended—

21 (1) by redesignating subsections (a) through (g)

22 as subsections (b) through (h), respectively; and

23 (2) by inserting before subsection (b) (as so re24 designated) the following:
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1 ‘‘(a) BASIC PRINCIPLES GOVERNING RESEARCH AND

2 TECHNOLOGY INVESTMENTS.—

3 ‘‘(1) COVERAGE.—Surface transportation re4 search and technology development shall include all

5 activities leading to technology development and

6 transfer, as well as the introduction of new and in7 novative ideas, practices, and approaches, through

8 such mechanisms as field applications, education and

9 training, and technical support.

10 ‘‘(2) FEDERAL RESPONSIBILITY.—Funding and

11 conducting surface transportation research and tech12 nology transfer activities shall be considered a basic

13 responsibility of the Federal Government when the

14 work—

15 ‘‘(A) is of national significance;

16 ‘‘(B) supports research in which there is a

17 clear public benefit and private sector invest18 ment is less than optimal;

19 ‘‘(C) supports a Federal stewardship role

20 in assuring that State and local governments

21 use national resources efficiently; or

22 ‘‘(D) presents the best means to support

23 Federal policy goals compared to other policy

24 alternatives.
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1 ‘‘(3) ROLE.—Consistent with these Federal re2 sponsibilities, the Secretary shall—

3 ‘‘(A) conduct research;

4 ‘‘(B) support and facilitate research and

5 technology transfer activities by State highway

6 agencies;

7 ‘‘(C) share results of completed research;

8 and

9 ‘‘(D) support and facilitate technology and

10 innovation deployment.

11 ‘‘(4) PROGRAM CONTENT.—A surface transpor12 tation research program shall include—

13 ‘‘(A) fundamental, long-term highway re14 search;

15 ‘‘(B) research aimed at significant highway

16 research gaps and emerging issues with na17 tional implications; and

18 ‘‘(C) research related to policy and plan19 ning.

20 ‘‘(5) STAKEHOLDER INPUT.—Federal surface

21 transportation research and development activities

22 shall address the needs of stakeholders. Stakeholders

23 include States, metropolitan planning organizations,

24 local governments, the private sector, researchers,
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1 research sponsors, and other affected parties, includ2 ing public interest groups.

3 ‘‘(6) COMPETITION AND PEER REVIEW.—Ex4 cept as otherwise provided in this Act, the Secretary

5 shall award all grants, contracts, and cooperative

6 agreements for research and development under this

7 Act based on open competition and peer review of

8 proposals.

9 ‘‘(7) PERFORMANCE REVIEW AND EVALUA10 TION.—To the maximum extent practicable, all sur11 face transportation research and development

12 projects shall include a component of performance

13 measurement and evaluation. Performance measures

14 shall be established during the proposal stage of a

15 research and development project and shall, to the

16 maximum extent possible, be outcome-based. All

17 evaluations shall be made readily available to the

18 public.’’.

19 (c) PROCUREMENT FOR RESEARCH, DEVELOPMENT,

20 AND TECHNOLOGY TRANSFER ACTIVITIES.—Section

21 502(b)(3) of such title (as redesignated by subsection (b)

22 of this section) is amended to read as follows:

23 ‘‘(3) COOPERATION, GRANTS, AND CON24 TRACTS.—The Secretary may carry out research, de-
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1 velopment, and technology transfer activities related

2 to transportation—

3 ‘‘(A) independently;

4 ‘‘(B) in cooperation with other Federal de5 partments, agencies, and instrumentalities and

6 Federal laboratories; or

7 ‘‘(C) by making grants to, or entering into

8 contracts, cooperative agreements, and other

9 transactions with one or more of the following:

10 the National Academy of Sciences, the Amer11 ican Association of State Highway and Trans12 portation Officials, any Federal laboratory,

13 Federal agency, State agency, authority, asso14 ciation, institution, for-profit or nonprofit cor15 poration, organization, foreign country, any

16 other person.’’.

17 (d) TRANSPORTATION POOLED FUND PROGRAM.—

18 Section 502(b) of such title (as redesignated by subsection

19 (b) of this section), is amended by adding at the end the

20 following:

21 ‘‘(6) POOLED FUNDING.—

22 ‘‘(A) COOPERATION.—To promote effective

23 utilization of available resources, the Secretary

24 may cooperate with a State and an appropriate

25 agency in funding research, development, and
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1 technology transfer activities of mutual interest

2 on a pooled funds basis.

3 ‘‘(B) SECRETARY AS AGENT.—The Sec4 retary may enter into contracts, cooperative

5 agreements, grants, and other transactions as

6 agent for all participating parties in carrying

7 out such research, development, or technology

8 transfer.’’.

9 (e) OPERATIONS ELEMENTS IN RESEARCH ACTIVI10 TIES.—Section 502 of such title is further amended—

11 (1) in subsection (b)(1)(B) (as redesignated by

12 subsection (b) of this section) by inserting ‘‘trans13 portation system management and operations,’’ after

14 ‘‘operation,’’.

15 (2) in subsection (d)(5)(C) (as redesignated by

16 subsection (b) of this section) by inserting ‘‘system

17 management and’’ after ‘‘transportation’’; and

18 (3) by inserting at the end of subsection (d) (as

19 redesignated by subsection (b) of this section) the

20 following:

21 ‘‘(12) Investigation and development of various

22 operational methodologies to reduce the occurrence

23 and impact of recurrent congestion and nonrecurrent

24 congestion and increase transportation system reli25 ability.
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1 ‘‘(13) Investigation of processes, procedures,

2 and technologies to secure container and hazardous

3 material transport, including the evaluation of regu4 lations and the impact of good security practices on

5 commerce and productivity.

6 ‘‘(14) Research, development, and technology

7 transfer related to asset management.’’.

8 (f) FACILITATING TRANSPORTATION RESEARCH AND

9 TECHNOLOGY DEPLOYMENT PARTNERSHIPS.—Section

10 502(c)(2) of such title (as redesignated by subsection (b)

11 of this section) is amended to read as follows:

12 ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND

13 AGREEMENTS.—Notwithstanding any other provision

14 of law, the Secretary may directly initiate contracts,

15 cooperative research and development agreements

16 (as defined in section 12 of the Stevenson-Wydler

17 Technology Innovation Act of 1980 (15 U.S.C.

18 3710a)), and other transactions to fund, and accept

19 funds from, the Transportation Research Board of

20 the National Research Council of the National Acad21 emy of Sciences, State departments of transpor22 tation, cities, counties, and their agents to conduct

23 joint transportation research and technology ef24 forts.’’.
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1 (g) EXPLORATORY ADVANCED RESEARCH PRO2 GRAM.—Section 502(e) of such title (as redesignated by

3 subsection (b) of this section) is amended to read as fol4 lows:

5 ‘‘(e) EXPLORATORY ADVANCED RESEARCH.—

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish an exploratory advanced research program, con8 sistent with the surface transportation research and

9 technology development strategic plan developed

10 under section 508 that involves and draws upon

11 basic research results to provide a better under12 standing of problems and develop innovative solu13 tions. In carrying out the program, the Secretary

14 shall strive to develop partnerships with public and

15 private sector entities.

16 ‘‘(2) RESEARCH AREAS.—In carrying out the

17 program, the Secretary may make grants and enter

18 into cooperative agreements and contracts in such

19 areas of surface transportation research and tech20 nology as the Secretary determines appropriate, in21 cluding the following:

22 ‘‘(A) Characterization of materials used in

23 highway infrastructure, including analytical

24 techniques, microstructure modeling, and the

25 deterioration processes.
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1 ‘‘(B) Assessment of the effects of transpor2 tation decisions on human health.

3 ‘‘(C) Development of surrogate measures

4 of safety.

5 ‘‘(D) Environmental research.

6 ‘‘(E) Data acquisition techniques for sys7 tem condition and performance monitoring.

8 ‘‘(F) System performance data and infor9 mation processing needed to assess the day-to10 day operational performance of the system in

11 support of hour-to-hour operational decision12 making.’’.

13 (h) LONG-TERM PAVEMENT PERFORMANCE PRO14 GRAM.—

15 (1) IN GENERAL.—Section 502(f) of such title

16 (as redesignated by subsection (b) of this section) is

17 amended to read as follows:

18 ‘‘(f) LONG-TERM PAVEMENT PERFORMANCE PRO19 GRAM.—

20 ‘‘(1) AUTHORITY.—The Secretary shall com21 plete the 20-year long-term pavement performance

22 program tests initiated under the strategic highway

23 research program established under section 307(d)

24 (as in effect on June 8, 1998).
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1 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

2 CONTRACTS.—Under the program, the Secretary

3 shall make grants and enter into cooperative agree4 ments and contracts to—

5 ‘‘(A) monitor, material-test, and evaluate

6 highway test sections in existence as of the date

7 of the grant, agreement, or contract;

8 ‘‘(B) analyze the data obtained under sub9 paragraph (A); and

10 ‘‘(C) prepare products to fulfill program

11 objectives and meet future pavement technology

12 needs.’’.

13 (2) FUNDING.—Of the amounts made available

14 by section 5101(a)(1) of this Act, $10,000,000 for

15 fiscal year 2004 and $21,000,000 for each of fiscal

16 years 2004 through 2009 shall be available to carry

17 out section 502(f) of title 23, United States Code.

18 (i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN19 TER.—Section 502 of title 23, United States Code, is fur20 ther amended by adding at the end the following:

21 ‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN22 TER.—

23 ‘‘(1) IN GENERAL.—The Secretary shall operate

24 in the Federal Highway Administration a Turner25 Fairbank Highway Research Center.
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1 ‘‘(2) USES OFTHE CENTER.—The Turner2 Fairbank Highway Research Center shall support—

3 ‘‘(A) the conduct of highway research and

4 development related to new highway technology;

5 ‘‘(B) the development of understandings,

6 tools, and techniques that provide solutions to

7 complex technical problems through the devel8 opment of economical and environmentally sen9 sitive designs, efficient and quality-controlled

10 construction practices, and durable materials;

11 and

12 ‘‘(C) the development of innovative high13 way products and practices.’’.

14 (j) UNIVERSITY FUNDING.—Except as otherwise pro15 vided in this title and any amendments made by this title,

16 the Secretary may not provide financial assistance to a

17 university under section 5101 unless the university is se18 lected to receive such funds through a competitive process

19 that incorporates merit-based peer review and the selec20 tion is based on a proposal submitted to the Secretary by

21 the university in response to a request for proposals issued

22 by the Secretary.
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1 SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM;

2 INNOVATIVE BRIDGE RESEARCH AND DE3 PLOYMENT PROGRAM.

4 (a) LONG-TERM BRIDGE PERFORMANCE PRO5 GRAM.—

6 (1) IN GENERAL.—Section 502 of title 23,

7 United States Code, is further amended by adding

8 at the end the following:

9 ‘‘(j) LONG-TERM BRIDGE PERFORMANCE PRO10 GRAM.—

11 ‘‘(1) AUTHORITY.—The Secretary shall estab12 lish a 20-year long-term bridge performance pro13 gram.

14 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

15 CONTRACTS.—Under the program, the Secretary

16 shall make grants and enter into cooperative agree17 ments and contracts to—

18 ‘‘(A) monitor, material-test, and evaluate

19 test bridges;

20 ‘‘(B) analyze the data obtained under sub21 paragraph (A); and

22 ‘‘(C) prepare products to fulfill program

23 objectives and meet future bridge technology

24 needs.’’.

25 (2) FUNDING.—Of the amounts made available

26 by section 5101(a)(1) of this Act, $5,000,000 for
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1 fiscal year 2004 and $15,000,000 for each of fiscal

2 years 2005 through 2009 shall be available to carry

3 out section 502(j) of title 23, United States Code.

4 (b) INNOVATIVE BRIDGE RESEARCH AND DEPLOY5 MENT PROGRAM.—

6 (1) IN GENERAL.—Section 503(b)(1) of such

7 title is amended to read as follows:

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish and carry out a program to promote, dem10 onstrate, evaluate, and document the application of

11 innovative designs, materials, and construction

12 methods in the construction, repair, and rehabilita13 tion of bridges and other highway structures.’’.

14 (2) GOALS.—Section 503(b)(2) of such title is

15 amended to read as follows:

16 ‘‘(2) GOALS.—The goals of the program shall

17 include—

18 ‘‘(A) the development of new, cost-effec19 tive, innovative highway bridge applications;

20 ‘‘(B) the development of construction tech21 niques to increase safety and reduce construc22 tion time and traffic congestion;

23 ‘‘(C) the development of engineering design

24 criteria for innovative products, materials, and
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1 structural systems for use in highway bridges

2 and structures;

3 ‘‘(D) the reduction of maintenance costs

4 and life-cycle costs of bridges, including the

5 costs of new construction, replacement, or reha6 bilitation of deficient bridges;

7 ‘‘(E) the development of highway bridges

8 and structures that will withstand natural dis9 asters;

10 ‘‘(F) the documentation and wide dissemi11 nation of objective evaluations of the perform12 ance and benefits of these innovative designs,

13 materials, and construction methods;

14 ‘‘(G) the effective transfer of resulting in15 formation and technology; and

16 ‘‘(H) the development of improved methods

17 to detect bridge scour and economical bridge

18 foundation designs that will withstand bridge

19 scour.’’.

20 (3) FUNDING.—

21 (A) IN GENERAL.—Of the amounts made

22 available by section 5101(a)(1) of this Act,

23 $20,000,000 for each of fiscal years 2004

24 through 2009 shall be available to carry out
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1 section 503(b) of title 23, United States Code;

2 and

3 (B) HIGH PERFORMANCE CONCRETE

4 BRIDGE TECHNOLOGY RESEARCH AND DEPLOY5 MENT.—The Secretary shall obligate

6 $2,000,000 of the amount described in subpara7 graph (A) for each of fiscal years 2004 through

8 2009 to conduct research and deploy technology

9 related to high-performance concrete bridges.

10 SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND

11 PLANNING COOPERATIVE RESEARCH PRO12 GRAM.

13 (a) IN GENERAL.—Section 507 of title 23, United

14 States Code, is amended to read as follows:

15 ‘‘§ 507. Surface transportation environment and plan16 ning cooperative research program

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab18 lish and carry out a collaborative, public-private surface

19 transportation environment and planning cooperative re20 search program.

21 ‘‘(b) AGREEMENT.—The Secretary shall enter into an

22 agreement with the National Academy of Sciences to carry

23 out administrative and management activities relating to

24 the governance of the surface transportation environment

25 and planning cooperative research program.
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1 ‘‘(c) ADVISORY COMMITTEE.—

2 ‘‘(1) ESTABLISHMENT.—The Secretary shall es3 tablish a committee that will be responsible for pro4 gram oversight and project selection.

5 ‘‘(2) MEMBERSHIP.—The members of the com6 mittee shall be appointed by the Secretary and shall

7 be composed of—

8 ‘‘(A) representatives of State, regional, and

9 local transportation agencies, including transit

10 agencies;

11 ‘‘(B) representatives of State environ12 mental agencies and other environmental orga13 nizations;

14 ‘‘(C) representatives of the transportation

15 private sector;

16 ‘‘(D) transportation and environmental sci17 entists and engineers; and

18 ‘‘(E) representatives of the Federal High19 way Administration, Federal Transit Adminis20 tration, Environmental Protection Agency,

21 United States Fish and Wildlife Service, Corps

22 of Engineers, American Association of State

23 Highway and Transportation Officials, and

24 American Public Transportation Association,

25 who shall serve in an ex officio capacity.
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1 ‘‘(3) BALANCE.—The majority of the commit2 tee’s voting members shall be representatives of gov3 ernment transportation agencies.

4 ‘‘(4) MEETINGS.—The National Academy of

5 Sciences shall convene meetings of the committee.

6 ‘‘(d) GOVERNANCE.—The program established under

7 this section shall include the following administrative and

8 management elements:

9 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi10 sory committee, in consultation with interested par11 ties, shall develop, recommend, and periodically up12 date the national research agenda as set forth in the

13 Transportation Research Board Special Report 268

14 as described in subsection (e). The national research

15 agenda shall include a multiyear strategic plan.

16 ‘‘(2) INVOLVEMENT.—Interested parties may—

17 ‘‘(A) submit research proposals;

18 ‘‘(B) participate in merit reviews of re19 search proposals and peer reviews of research

20 products; and

21 ‘‘(C) receive research results.

22 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

23 RESEARCH PROPOSALS.—The National Academy of

24 Sciences may award under the program research
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1 contracts and grants through open competition and

2 merit review conducted on a regular basis.

3 ‘‘(4) EVALUATION OFRESEARCH.—

4 ‘‘(A) PEER REVIEW.—Research contracts

5 and grants may allow peer review of the re6 search results.

7 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The

8 National Academy of Sciences may conduct

9 periodic programmatic evaluations on a regular

10 basis.

11 ‘‘(5) DISSEMINATION OFRESEARCH FIND12 INGS.—The National Academy of Sciences shall dis13 seminate research findings to researchers, practi14 tioners, and decisionmakers, through conferences

15 and seminars, field demonstrations, workshops,

16 training programs, presentations, testimony to gov17 ernment officials, World Wide Web, and publications

18 for the general public.

19 ‘‘(e) CONTENTS.—The national research agenda for

20 the program required under subsection (d)(1) shall include

21 research in the following areas for the purposes described:

22 ‘‘(1) HUMAN HEALTH.—Human health to es23 tablish the links between transportation activities

24 and human health; substantiate the linkages between

25 exposure to concentration levels, emissions, and
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1 health impacts; examine the potential health impacts

2 from the implementation and operation of transpor3 tation infrastructure and services; develop strategies

4 for avoidance and reduction of these impacts; and

5 develop strategies to understand the economic value

6 of health improvements and for incorporating health

7 considerations into valuation methods.

8 ‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecol9 ogy and natural systems to measure transportation’s

10 short- and long-term impact on natural systems; de11 velop ecologically based performance measures; de12 velop insight into both the spatial and temporal

13 issues associated with transportation and natural

14 systems; study the relationship between highway

15 density and ecosystem integrity, including the im16 pacts of highway density on habitat integrity and

17 overall ecosystem health; develop a rapid assessment

18 methodology for use by transportation and regu19 latory agencies in determining the relationship be20 tween highway density and ecosystem integrity; and

21 develop ecologically based performance techniques to

22 evaluate the success of highway project mitigation

23 and enhancement measures.

24 ‘‘(3) ENVIRONMENTAL AND SOCIOECONOMIC

25 RELATIONSHIPS.—Environmental and socioeconomic
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1 relationships to understand differences in mobility,

2 access, travel behavior, and travel preferences across

3 socioeconomic groups; develop improved planning ap4 proaches that better reflect and respond to commu5 nity needs; improve evaluation methods for exam6 ining the incidence of benefits and costs; examine

7 the differential impacts of current methods of fi8 nance and explore alternatives; understand the socio9 economic implications of emerging land development

10 patterns and new transportation technologies; de11 velop cost-effective applications of technology that

12 improve the equity of the transport system; and de13 velop improved methods for community involvement,

14 collaborative planning, and conflict resolution.

15 ‘‘(4) EMERGING TECHNOLOGIES.—Emerging

16 technologies to assist in the transition to environ17 mentally benign fuels and vehicles for passengers

18 and freight; develop responses to and demand for

19 new technologies that could offer improved environ20 mental performance; identify possible applications of

21 intelligent transportation systems technologies for

22 environmental benefit; develop policy instruments

23 that would encourage the development of beneficial

24 new technologies in a cost-effective manner; and re25 spond to the impact of new technologies.
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1 ‘‘(5) LAND USE.—Land use to assess land con2 sumption trends and contributing factors of trans3 portation investment, housing policies, school qual4 ity, and consumer preferences; incorporate impacts

5 of transportation investments on location decision

6 and land use; identify the costs and benefits of cur7 rent development patterns and their transportation

8 implications; determine the effect of the built envi9 ronment on people’s willingness to walk, drive, or

10 take public transportation; determine the roles of

11 public policy and institutional arrangements in cur12 rent and prospective land use and transportation

13 choices; and develop improved data, methods, and

14 processes for considering land use, transportation,

15 and the environment in an integrated, systematic

16 fashion.

17 ‘‘(6) PLANNING AND PERFORMANCE MEAS18 URES.—Planning and performance measures to im19 prove understanding of travel needs and preferences;

20 improve planning methods for system analysis, fore21 casting, and decisionmaking; expand information on

22 consumer choice processes and travel and activity

23 patterns for both local and long-distance trips and

24 both passenger and freight transportation analysis

25 of social, environmental, and economic benefits and
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1 cost of various transport options; develop tools for

2 measuring and forecasting complex transportation

3 decisions for all modes and users; and develop per4 formance measures and policy analysis approaches

5 that can be used to determine effectiveness.

6 ‘‘(7) OTHER RESEARCH AREAS.—Other re7 search areas to identify and address the emerging

8 and future surface transportation research needs re9 lated to planning and environment.

10 ‘‘(8) CONTENTS.—The program established

11 under subsection (d)(1) shall carry out research and

12 development called for in the Transportation Re13 search Board Special Report 268, entitled ‘Surface

14 Transportation Environmental Research: A Long15 Term Strategy’, published in 2002, which included

16 the following research and development areas:

17 ‘‘(1) Human Health.

18 ‘‘(2) Ecology and Natural Systems.

19 ‘‘(3) Environmental and Social Justice.

20 ‘‘(4) Emerging Technologies.

21 ‘‘(5) Land Use.

22 ‘‘(6) Planning and Performance Measures.

23 ‘‘(f) FUNDING.—

24 ‘‘(1) FEDERAL SHARE.—The Federal share of

25 the cost of an activity carried out under this section
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1 shall be up to 100 percent, and such funds shall re2 main available until expended.

3 ‘‘(2) USE OFNON-FEDERAL FUNDS.—In addi4 tion to using funds authorized to be appropriated to

5 carry out this section, the National Academy of

6 Sciences may seek and accept additional funding

7 sources to carry out this section from public and pri8 vate entities capable of attracting and accepting

9 funding from the Department of Transportation,

10 Environmental Protection Agency, Department of

11 Energy, United States Fish and Wildlife Service,

12 and other Federal environmental agencies, States,

13 local governments, nonprofit foundations, and the

14 private sector.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 chapter 5 of such title is amended by striking the item

17 relating to section 507 and inserting the following:

‘‘507. Surface transportation environment and planning cooperative research

program.’’.

18 (c) FUNDING.—Of the amounts made available by

19 section 5101(a)(1) of this Act, $5,000,000 for fiscal year

20 2004 and $15,000,000 for each of fiscal years 2005

21 through 2009 shall be available to carry out section 507

22 of title 23, United States Code.
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1 SEC. 5204. TECHNOLOGY DEPLOYMENT.

2 (a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section

3 503(a) of title 23, United States Code, is amended—

4 (1) in the subsection heading by striking ‘‘INI5 TIATIVES AND PARTNERSHIPS’’;

6 (2) by striking paragraph (1) and inserting the

7 following:

8 ‘‘(1) ESTABLISHMENT.—The Secretary shall

9 develop and administer a national technology deploy10 ment program.’’;

11 (3) by striking paragraph (7) and inserting the

12 following:

13 ‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND

14 CONTRACTS.—

15 ‘‘(A) IN GENERAL.—Under the program,

16 the Secretary shall make grants to, and enter

17 into cooperative agreements and contracts with,

18 States, other Federal agencies, universities and

19 colleges, private sector entities, and nonprofit

20 organizations to pay the Federal share of the

21 cost of research, development, and technology

22 transfer activities concerning innovative mate23 rials.

24 ‘‘(B) APPLICATIONS.—To receive a grant

25 under this subsection, an entity described in

26 subparagraph (A) shall submit an application to
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1 the Secretary. The application shall be in such

2 form and contain such information as the Sec3 retary may require. The Secretary shall select

4 and approve an application based on whether

5 the project that is the subject of the grant

6 meets the purpose of the program described in

7 paragraph (2).’’; and

8 (4) by striking paragraph (8) and inserting the

9 following:

10 ‘‘(8) TECHNOLOGY AND INFORMATION TRANS11 FER.—The Secretary shall ensure that the informa12 tion and technology resulting from research con13 ducted under paragraph (7) is made available to

14 State and local transportation departments and

15 other interested parties as specified by the Sec16 retary.’’.

17 (b) INNOVATIVE PAVEMENT RESEARCH AND DE18 PLOYMENT PROGRAM.—

19 (1) IN GENERAL.—Section 503 of such title is

20 further amended by adding at the end the following:

21 ‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DE22 PLOYMENT PROGRAM.—

23 ‘‘(1) IN GENERAL.—The Secretary shall estab24 lish and implement a program to promote, dem25 onstrate, support, and document the application of
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1 innovative pavement technologies, practices, per2 formance, and benefits.

3 ‘‘(2) GOALS.—The goals of the innovative pave4 ment research and deployment program shall

5 include—

6 ‘‘(A) the deployment of new, cost-effective,

7 innovative designs, materials, recycled materials

8 (including taconite tailings and foundry sand),

9 and practices to extend pavement life and per10 formance and to improve customer satisfaction;

11 ‘‘(B) the reduction of initial costs and life12 cycle costs of pavements, including the costs of

13 new construction, replacement, maintenance,

14 and rehabilitation;

15 ‘‘(C) the deployment of accelerated con16 struction techniques to increase safety and re17 duce construction time and traffic disruption

18 and congestion;

19 ‘‘(D) the deployment of engineering design

20 criteria and specifications for innovative prac21 tices, products, and materials for use in high22 way pavements;

23 ‘‘(E) the deployment of new nondestructive

24 and real-time pavement evaluation technologies

25 and techniques;
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1 ‘‘(F) the evaluation, refinement, and docu2 mentation of the performance and benefits of

3 innovative technologies deployed to improve life,

4 performance, cost effectiveness, safety, and cus5 tomer satisfaction;

6 ‘‘(G) effective technology transfer and in7 formation dissemination to accelerate imple8 mentation of innovative technologies and to im9 prove life, performance, cost effectiveness, safe10 ty, and customer satisfaction; and

11 ‘‘(H) the development of designs and mate12 rials to reduce storm water runoff.

13 ‘‘(3) RESEARCH TO IMPROVE NHS PAVE14 MENT.—The Secretary shall obligate not less than

15 $2,000,000 for fiscal year 2004 and $6,000,000 for

16 each of fiscal years 2005 through 2009 from funds

17 made available to carry out this subsection to con18 duct research to improve asphalt pavement, concrete

19 pavement, and aggregates used in highways on the

20 National Highway System.’’.

21 (2) FUNDING.—Of the amounts made available

22 by section 5101(a)(1) of this Act, $5,000,000 for

23 fiscal year 2004 and $15,000,000 for each of fiscal

24 years 2005 through 2009 shall be available to carry

25 out section 503(c) of title 23, United States Code.
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1 (c) SAFETY INNOVATION DEPLOYMENT PROGRAM.—

2 (1) IN GENERAL.—Section 503 of such title is

3 further amended by adding the following:

4 ‘‘(d) SAFETY INNOVATION DEPLOYMENT PRO5 GRAM.—

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish and implement a program to demonstrate the

8 application of innovative technologies in highway

9 safety.

10 ‘‘(2) GOALS.—The goals of the program shall

11 include—

12 ‘‘(A) the deployment and evaluation of

13 safety technologies and innovations at State

14 and local levels; and

15 ‘‘(B) the deployment of best practices in

16 training, management, design, and planning.

17 ‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND

18 CONTRACTS.—

19 ‘‘(A) IN GENERAL.—Under the program,

20 the Secretary shall make grants to, and enter

21 into cooperative agreements and contracts with,

22 States, other Federal agencies, universities and

23 colleges, private sector entities, and nonprofit

24 organizations for research, development, and
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1 technology transfer for innovative safety tech2 nologies.

3 ‘‘(B) APPLICATIONS.—To receive a grant

4 under this subsection, an entity described in

5 subparagraph (A) shall submit an application to

6 the Secretary. The application shall be in such

7 form and contain such information as the Sec8 retary may require. The Secretary shall select

9 and approve the applications based on whether

10 the project that is the subject of the application

11 meets the goals of the program described in

12 paragraph (2).

13 ‘‘(4) TECHNOLOGY AND INFORMATION TRANS14 FER.—The Secretary shall take such action as is

15 necessary to ensure that the information and tech16 nology resulting from research conducted under

17 paragraph (3) is made available to State and local

18 transportation departments and other interested

19 parties as specified by the Secretary.’’.

20 (2) FUNDING.—Of the amounts made available

21 by section 5101(a)(1) of this Act, $5,000,000 for

22 fiscal year 2004 and $15,000,000 for each of fiscal

23 years 2005 through 2009 shall be available to carry

24 out section 503(d) of title 23, United States Code.
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1 (d) AUTHORITY TO PURCHASE PROMOTIONAL

2 ITEMS.—Section 503 of such title is further amended by

3 adding at the end the following:

4 ‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized

5 to be appropriated for necessary expenses for administra6 tion and operation of the Federal Highway Administration

7 shall be available to purchase promotional items of nomi8 nal value for use in the recruitment of individuals and to

9 promote the programs of the Federal Highway Adminis10 tration.’’.

11 (e) WOOD COMPOSITE MATERIALS DEMONSTRATION

12 PROJECT.—

13 (1) FUNDING.—Of the funds made available to

14 carry out section 5101(a)(1), $1,000,000 shall be

15 made available by the Secretary for each of fiscal

16 years 2005 and 2006 for conducting a demonstra17 tion of the durability and potential effectiveness of

18 wood composite materials in multimodal transpor19 tation facilities.

20 (2) FEDERAL SHARE.—The Federal share of

21 the cost of the demonstration under paragraph (1)

22 shall be 100 percent.

23 SEC. 5205. TRAINING AND EDUCATION.

24 (a) NATIONAL HIGHWAY INSTITUTE.—
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1 (1) IN GENERAL.—Section 504(a)(3) of title

2 23, United States Code, is amended to read as fol3 lows:

4 ‘‘(3) COURSES.—The Institute may develop and

5 administer courses in modern developments, tech6 niques, methods, regulations, management, and pro7 cedures in areas, including surface transportation,

8 environmental mitigation, compliance, stewardship,

9 and streamlining, acquisition of rights-of-way, relo10 cation assistance, engineering, safety, transportation

11 system management and operations, construction,

12 maintenance, contract administration, inspection,

13 and highway finance.’’.

14 (2) FUNDING.—Of the amounts made available

15 by section 5101(a)(2) of this Act, $8,000,000 for

16 fiscal year 2004 and $8,500,000 for each of fiscal

17 years 2005 through 2009 shall be available to carry

18 out section 504(a) of title 23, United States Code.

19 (b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—

20 (1) IN GENERAL.—Section 504(b) of such title

21 is amended by adding at the end the following:

22 ‘‘(3) FEDERAL SHARE.—

23 ‘‘(A) GRANTS.—A grant under this sub24 section may be used to pay up to 50 percent of

25 local technical assistance program costs. Funds
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1 available for technology transfer and training

2 purposes under this title and title 49 may be

3 used to cover the remaining 50 percent of the

4 program costs.

5 ‘‘(B) TRIBAL TECHNICAL ASSISTANCE

6 CENTERS.—The Federal share of the cost of ac7 tivities carried out by the tribal technical assist8 ance centers under paragraph (2)(D)(ii) shall

9 be 100 percent.’’.

10 (2) FUNDING.—Of the amounts made available

11 by section 5101(a)(2) of this Act, $12,000,000 for

12 fiscal year 2004 and $14,000,000 for each of fiscal

13 years 2005 through 2009 shall be available to carry

14 out section 504(b) of title 23, United States Code.

15 (c) EISENHOWER TRANSPORTATION FELLOWSHIP

16 PROGRAM.—Of the amounts made available by section

17 5101(a)(2) of this Act, $2,000,000 for fiscal year 2004

18 and $2,500,000 for each of fiscal years 2005 through

19 2009 shall be available to carry out section 504(c)(2) of

20 title 23, United States Code.

21 (d) GARRETT A. MORGAN TECHNOLOGY AND TRANS22 PORTATION EDUCATION PROGRAM.—

23 (1) IN GENERAL.—Section 504 of title 23,

24 United States Code, as amended by this section, is
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1 further amended by adding at the end the following

2 new subsection:

3 ‘‘(d) GARRETT A. MORGAN TECHNOLOGY AND

4 TRANSPORTATION EDUCATION PROGRAM.—

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish the Garrett A. Morgan Technology and Trans7 portation Education Program to improve the prepa8 ration of students, particularly women and minori9 ties, in science, technology, engineering, and mathe10 matics through curriculum development and other

11 activities related to transportation.

12 ‘‘(2) AUTHORIZED ACTIVITIES.—The Secretary

13 shall award grants under this subsection on the

14 basis of competitive, peer review. Grants awarded

15 under this subsection may be used for enhancing

16 science, technology, engineering, and mathematics at

17 the elementary and secondary school level through

18 such means as—

19 ‘‘(A) internships that offer students experi20 ence in the transportation field;

21 ‘‘(B) programs that allow students to

22 spend time observing scientists and engineers in

23 the transportation field; and
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1 ‘‘(C) developing relevant curriculum that

2 uses examples and problems related to trans3 portation.

4 ‘‘(3) APPLICATION AND REVIEW PROCE5 DURES.—

6 ‘‘(A) IN GENERAL.—An entity described in

7 subparagraph (C) seeking funding under this

8 subsection shall submit an application to the

9 Secretary at such time, in such manner, and

10 containing such information as the Secretary

11 may require. Such application, at a minimum,

12 shall include a description of how the funds will

13 be used and a description of how the funds will

14 be used to serve the purposes described in para15 graph (2).

16 ‘‘(B) PRIORITY.—In making awards under

17 this subsection, the Secretary shall give priority

18 to applicants that will encourage the participa19 tion of women and minorities.

20 ‘‘(C) ELIGIBILITY.—Local education agen21 cies and State education agencies, which may

22 partner with institutions of higher education,

23 businesses, or other entities, shall be eligible to

24 apply for grants under this subsection.
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1 ‘‘(4) DEFINITIONS.—For purposes of this

2 subsection—

3 ‘‘(A) the term ‘institution of higher edu4 cation’ has the meaning given that term in sec5 tion 101 of the Higher Education Act of 1965

6 (20 U.S.C. 1001);

7 ‘‘(B) the term ‘local educational agency’

8 has the meaning given that term in section

9 9101 of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 7801); and

11 ‘‘(C) the term ‘State educational agency’

12 has the meaning given that term in section

13 9101 of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 7801).’’.

15 (2) FUNDING.—Of the amounts made available

16 by section 5101(a)(2) of this Act, $500,000 for

17 2004 and $1,000,000 for each of fiscal years 2005

18 through 2009 shall be available to carry out section

19 504(d) of title 23, United States Code.

20 (e) SURFACE TRANSPORTATION WORKFORCE DE21 VELOPMENT, TRAINING, AND EDUCATION.—Section 504

22 of such title is further amended by adding at the end the

23 following:

24 ‘‘(e) SURFACE TRANSPORTATION WORKFORCE DE25 VELOPMENT, TRAINING, AND EDUCATION.—
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1 ‘‘(1) FUNDING.—Subject to project approval by

2 the Secretary, a State may obligate funds appor3 tioned to the State under sections 104(b)(1),

4 104(b)(2), 104(b)(3), 104(b)(4), and 144(e) for sur5 face transportation workforce development, training

6 and education, including—

7 ‘‘(A) tuition and direct educational ex8 penses, excluding salaries, in connection with

9 the education and training of employees of

10 State and local transportation agencies;

11 ‘‘(B) employee professional development;

12 ‘‘(C) student internships;

13 ‘‘(D) university or community college sup14 port; and

15 ‘‘(E) education activities, including out16 reach, to develop interest and promote partici17 pation in surface transportation careers.

18 ‘‘(2) FEDERAL SHARE.—The Federal share of

19 the cost of activities carried out in accordance with

20 this subsection shall be 100 percent.

21 ‘‘(3) SURFACE TRANSPORTATION WORKFORCE

22 DEVELOPMENT, TRAINING, AND EDUCATION DE23 FINED.—In this subsection, the term ‘surface trans24 portation workforce development, training, and edu25 cation’ means activities associated with surface
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1 transportation career awareness, student transpor2 tation career preparation, and training and profes3 sional development for surface transportation work4 ers, including activities for women and minorities.’’.

5 (f) TRANSPORTATION EDUCATION DEVELOPMENT

6 PILOT PROGRAM.—Section 504 of title 23, United States

7 Code, is amended by inserting after subsection (e) the fol8 lowing:

9 ‘‘(f) TRANSPORTATION EDUCATION DEVELOPMENT

10 PILOT PROGRAM.—

11 ‘‘(1) ESTABLISHMENT.—The Secretary shall es12 tablish a program to make grants to institutions of

13 higher education that in partnership with industry

14 or State Departments of Transportation will de15 velop, test, and revise new curricula and education

16 programs to train individuals at all levels of the

17 transportation workforce.

18 ‘‘(2) SELECTION OFGRANT RECIPIENTS.—In

19 selecting applications for awards under this sub20 section, the Secretary shall consider—

21 ‘‘(A) the degree to which the new curricula

22 or education program meets the specific needs

23 of a segment of the transportation industry,

24 States, or regions;
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1 ‘‘(B) providing for practical experience and

2 on-the-job training;

3 ‘‘(C) proposals oriented toward practi4 tioners in the field rather than the support and

5 growth of the research community;

6 ‘‘(D) the degree to which the new curricula

7 or program will provide training in areas other

8 than engineering, such as business administra9 tion, economics, information technology, envi10 ronmental science, and law;

11 ‘‘(E) programs or curricula in nontradi12 tional departments which train professionals for

13 work in the transportation field, such as mate14 rials, information technology, environmental

15 science, urban planning, and industrial tech16 nology; and

17 ‘‘(F) industry or a State’s Department of

18 Transportation commitment to the program.

19 ‘‘(3) FUNDING.—Of the amounts made avail20 able by section 5101(a)(2) of this Act, $1,500,000

21 for each of fiscal years 2005 through 2009 shall be

22 available to carry out this subsection.

23 ‘‘(4) LIMITATIONS.—The amount of a grant

24 under this subsection shall not exceed $250,000 per

25 year. After a recipient has received 3 years of Fed-
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1 eral funding under this subsection, Federal funding

2 may equal no more than 75 percent of a grantee’s

3 program costs.’’.

4 (g) DEFINITIONS AND DECLARATION OF POLICY.—

5 Section 101(a)(3) of such title is amended—

6 (1) by striking ‘‘and’’ at the end of subpara7 graph (G);

8 (2) by striking the period at the end of sub9 paragraph (H) and inserting ‘‘; and’’; and

10 (3) by adding at the end the following:

11 ‘‘(I) surface transportation workforce de12 velopment, training, and education.’’.

13 (h) TRANSPORTATION TECHNOLOGY INNOVA14 TIONS.—

15 (1) FUNDAMENTAL PROPERTIES OFASPHALTS

16 AND MODIFIED ASPHALTS.—The Secretary shall

17 continue to carry out section 5117(b)(5) of the

18 Transportation Equity Act for the 21st Century

19 (112 Stat. 450).

20 (2) TRANSPORTATION, ECONOMIC, AND LAND

21 USE SYSTEM.—The Secretary shall continue to carry

22 out section 5117(b)(7) of the Transportation Equity

23 Act for the 21st Century (112 Stat. 450).

24 (3) FUNDING.—Of the amounts made available

25 for each of fiscal years 2004 through 2009 by sec-
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1 tion 5101(a)(1) of this Act, $3,000,000 shall be

2 available to carry out paragraph (1) and $1,000,000

3 shall be available to carry out paragraph (2).

4 (4) USE OFRIGHTS-OF-WAY.—Section

5 5117(b)(3) of the Transportation Equity Act for the

6 21st Century (112 Stat. 449; 112 Stat. 864; 115

7 Stat. 2330) is amended—

8 (A) by redesignating subparagraphs (E)

9 through (G) as subparagraphs (F) through (H),

10 respectively; and

11 (B) by inserting after subparagraph (D)

12 the following:

13 ‘‘(E) USE OFRIGHTS-OF-WAY.—

14 ‘‘(i) IN GENERAL.—An intelligent

15 transportation system project described in

16 paragraph (3), and an intelligent transpor17 tation system project described in para18 graph (6), that involves privately owned in19 telligent transportation system components

20 and is carried out using funds made avail21 able from the Highway Trust Fund (other

22 than the Mass Transit Account) shall not

23 be subject to any law or regulation of a

24 State or political subdivision of a State

25 prohibiting or regulating commercial activi-
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1 ties in the rights-of-way of a highway for

2 which funds from the Highway Trust

3 Fund (other than the Mass Transit Ac4 count) have been used for planning, de5 sign, construction, or maintenance if the

6 Secretary determines that such use is in

7 the public interest.

8 ‘‘(ii) LIMITATION ON STATUTORY CON9 STRUCTION.—Nothing in this subpara10 graph shall be construed to affect the au11 thority of a State, or political subdivision

12 of a State, to regulate highway safety.’’.

13 SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING.

14 (a) IN GENERAL.—Section 504 of title 23, United

15 States Code, is amended further by adding at the end the

16 following:

17 ‘‘(f) FREIGHT CAPACITY BUILDING PROGRAM.—

18 ‘‘(1) ESTABLISHMENT.—The Secretary shall es19 tablish a freight planning capacity building initiative

20 to support enhancements in freight transportation

21 planning in order to—

22 ‘‘(A) better target investments in freight

23 transportation systems to maintain efficiency

24 and productivity; and
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1 ‘‘(B) strengthen the decisionmaking capac2 ity of State transportation departments and

3 local transportation agencies with respect to

4 freight transportation planning and systems.

5 ‘‘(2) AGREEMENTS.—The Secretary shall enter

6 into agreements to support and carry out adminis7 trative and management activities relating to the

8 governance of the freight planning capacity initia9 tive.

10 ‘‘(3) STAKEHOLDER INVOLVEMENT.—In car11 rying out this section, the Secretary shall consult

12 with the Association of Metropolitan Planning Orga13 nizations, the American Association of State High14 way and Transportation Officials, and other freight

15 planning stakeholders, including the other Federal

16 agencies, State transportation departments, local

17 governments, nonprofit entities, academia, and the

18 private sector.

19 ‘‘(4) ELIGIBLE ACTIVITIES.—The freight plan20 ning capacity building initiative shall include re21 search, training, and education in the following

22 areas:

23 ‘‘(A) The identification and dissemination

24 of best practices in freight transportation.
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1 ‘‘(B) Providing opportunities for freight

2 transportation staff to engage in peer exchange.

3 ‘‘(C) Refinement of data and analysis tools

4 used in conjunction with assessing freight

5 transportation needs.

6 ‘‘(D) Technical assistance to State trans7 portation departments and local transportation

8 agencies reorganizing to address freight trans9 portation issues.

10 ‘‘(E) Facilitating relationship building be11 tween governmental and private entities in12 volved in freight transportation.

13 ‘‘(F) Identifying ways to target the capac14 ity of State transportation departments and

15 local transportation agencies to address freight

16 considerations in operations, security, asset

17 management, and environmental excellence in

18 connection with long-range multimodal trans19 portation planning and project implementation.

20 ‘‘(5) FUNDING.—

21 ‘‘(A) FEDERAL SHARE.—The Federal

22 share of the cost of an activity carried out

23 under this section shall be up to 100 percent,

24 and such funds shall remain available until ex25 pended.
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1 ‘‘(B) USE OFNON-FEDERAL FUNDS.—

2 Funds made available for the program estab3 lished under this subsection may be used for re4 search, program development, information col5 lection and dissemination, and technical assist6 ance. The Secretary may use such funds inde7 pendently or make grants to, or enter into con8 tracts, cooperative agreements, and other trans9 actions with, a Federal agency, State agency,

10 local agency, Federally recognized Indian tribal

11 government or tribal consortium, authority, as12 sociation, nonprofit or for-profit corporation, or

13 institution of higher education, to carry out the

14 purposes of this subsection.’’.

15 (b) FUNDING.—Of the amounts made available by

16 section 5101(a)(2) of this Act, $1,500,000 for fiscal year

17 2004 and $5,000,000 for each of fiscal years 2005

18 through 2009 shall be available to carry out section 504(f)

19 of title 23, United States Code.

20 (c) TECHNICAL AMENDMENT.—Section 508(c)(3)(C)

21 of such title is amended by inserting ‘‘of title 31’’ after

22 ‘‘1116’’.
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1 SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES

2 PROGRAM.

3 (a) CONTINUATION AND ACCELERATION OF

4 TRANSIMS DEPLOYMENT.—The Secretary shall accel5 erate the deployment of the advanced transportation

6 model known as the ‘‘Transportation Analysis Simulation

7 System’’ (in this section referred to as ‘‘TRANSIMS’’),

8 developed by the Los Alamos National Laboratory. The

9 program shall assist State departments of transportation

10 and metropolitan planning organizations in the implemen11 tation of TRANSIMS, develop methods for TRANSIMS

12 applications to transportation planning and air quality

13 analysis, and provide training and technical assistance for

14 the implementation of TRANSIMS. The program may

15 support the development of methods to plan for the trans16 portation response to chemical and biological terrorism

17 and other security concerns.

18 (b) ELIGIBLE ACTIVITIES.—The Secretary shall use

19 funds made available by section 5101(a)(1) to—

20 (1) provide funding to State departments of

21 transportation and metropolitan planning organiza22 tions serving transportation management areas des23 ignated under chapter 52 of title 49, United States

24 Code, representing a diversity of populations, geo25 graphic regions, and analytic needs to implement

26 TRANSIMS;
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1 (2) develop methods to demonstrate a wide

2 spectrum of TRANSIMS applications to support

3 metropolitan and statewide transportation planning,

4 including integrating highway and transit oper5 ational considerations into the transportation plan6 ning process; and

7 (3) provide training and technical assistance

8 with respect to the implementation and application

9 of TRANSIMS to States, local governments, and

10 metropolitan planning organizations with responsi11 bility for travel modeling.

12 (c) ALLOCATION OF FUNDS.—Not more than 75 per13 cent of the funds made available to carry out this section

14 may be allocated to activities described in subsection

15 (b)(1).

16 (d) FUNDING.—Of the amounts made available by

17 section 5101(a)(1) of this Act, $1,000,000 for fiscal year

18 2004 and $3,000,000 for each of fiscal years 2005

19 through 2009 shall be available to carry out this section.

20 SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPOR21 TATION RESEARCH PROGRAM.

22 (a) IN GENERAL.—Chapter 5 of title 23, United

23 States Code, is further amended by adding at the end the

24 following:
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1 ‘‘§ 509. National cooperative freight transportation

2 research program

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish and support a national cooperative freight transpor5 tation research program.

6 ‘‘(b) AGREEMENT.—The Secretary shall enter into an

7 agreement with the National Academy of Sciences to sup8 port and carry out administrative and management activi9 ties relating to the governance of the national cooperative

10 freight transportation research program.

11 ‘‘(c) ADVISORY COMMITTEE.—The National Acad12 emy of Sciences shall select an advisory committee con13 sisting of a representative cross-section of freight stake14 holders, including the Department of Transportation,

15 other Federal agencies, State transportation departments,

16 local governments, nonprofit entities, academia, and the

17 private sector.

18 ‘‘(d) GOVERNANCE.—The national cooperative

19 freight transportation research program established under

20 this section shall include the following administrative and

21 management elements:

22 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi23 sory committee, in consultation with interested par24 ties, shall recommend a national research agenda for

25 the program. The agenda shall include a multiyear

26 strategic plan.
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1 ‘‘(2) INVOLVEMENT.—Interested parties may—

2 ‘‘(A) submit research proposals to the advi3 sory committee;

4 ‘‘(B) participate in merit reviews of re5 search proposals and peer reviews of research

6 products; and

7 ‘‘(C) receive research results.

8 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

9 RESEARCH PROPOSALS.—The National Academy of

10 Sciences may award research contracts and grants

11 under the program through open competition and

12 merit review conducted on a regular basis.

13 ‘‘(4) EVALUATION OFRESEARCH.—

14 ‘‘(A) PEER REVIEW.—Research contracts

15 and grants under the program may allow peer

16 review of the research results.

17 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The

18 National Academy of Sciences may conduct

19 periodic programmatic evaluations on a regular

20 basis of research contracts and grants.

21 ‘‘(5) DISSEMINATION OFRESEARCH FIND22 INGS.—The National Academy of Sciences shall dis23 seminate research findings to researchers, practi24 tioners, and decisionmakers, through conferences

25 and seminars, field demonstrations, workshops,
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1 training programs, presentations, testimony to gov2 ernment officials, World Wide Web, publications for

3 the general public, and other appropriate means.

4 ‘‘(e) CONTENTS.—The national research agenda re5 quired under subsection (d)(1) shall include research in

6 the following areas:

7 ‘‘(1) Techniques for estimating and quantifying

8 public benefits derived from freight transportation

9 projects.

10 ‘‘(2) Alternative approaches to calculating the

11 contribution of truck and rail traffic to congestion

12 on specific highway segments.

13 ‘‘(3) The feasibility of consolidating origins and

14 destinations for freight movement.

15 ‘‘(4) Methods for incorporating estimates of

16 international trade into landside transportation plan17 ning.

18 ‘‘(5) The use of technology applications to in19 crease capacity of highway lanes dedicated to truck20 only traffic.

21 ‘‘(6) Development of physical and policy alter22 natives for separating car and truck traffic.

23 ‘‘(7) Ways to synchronize infrastructure im24 provements with freight transportation demand.
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1 ‘‘(8) The effect of changing patterns of freight

2 movement on transportation planning decisions re3 lating to rest areas.

4 ‘‘(9) Other research areas to identify and ad5 dress the emerging and future research needs re6 lated to freight transportation by all modes.

7 ‘‘(f) FUNDING.—

8 ‘‘(1) FEDERAL SHARE.—The Federal share of

9 the cost of an activity carried out under this section

10 shall be up to 100 percent, and such funds shall re11 main available until expended.

12 ‘‘(2) USE OFNON-FEDERAL FUNDS.—In addi13 tion to using funds authorized for this section, the

14 National Academy of Sciences may seek and accept

15 additional funding sources from public and private

16 entities capable of accepting funding from the De17 partment of Transportation, States, local govern18 ments, nonprofit foundations, and the private sec19 tor.’’.

20 (b) CONFORMING AMENDMENT.—The analysis for

21 such chapter is further amended by adding at the end the

22 following:

‘‘509. National cooperative freight transportation research program.’’.

23 (c) FUNDING.—Of the amounts made available by

24 section 5101(a)(1) of this Act, $1,500,000 for fiscal year

25 2004 and $4,000,000 for each of fiscal years 2005
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1 through 2009 shall be available to carry out section 509

2 of title 23, United States Code.

3 SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PRO4 GRAM.

5 (a) IN GENERAL.—Chapter 5 of title 23, United

6 States Code, is further amended by adding at the end the

7 following:

8 ‘‘§ 510. Future strategic highway research program

9 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta10 tion with the American Association of State Highway and

11 Transportation Officials, shall establish and carry out,

12 acting through the National Research Council of the Na13 tional Academy of Sciences, the future strategic highway

14 research program.

15 ‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary

16 may make grants to, and enter into cooperative agree17 ments with, the American Association of State Highway

18 and Transportation Officials and the National Academy

19 of Sciences to carry out such activities under this sub20 section as the Secretary determines are appropriate.

21 ‘‘(c) PERIOD OF AVAILABILITY.—Funds made avail22 able to carry out this section shall remain available for

23 the fiscal year in which such funds are made available and

24 the 3 succeeding fiscal years.

25 ‘‘(d) PROGRAM PRIORITIES.—
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1 ‘‘(1) PROGRAM ELEMENTS.—The program es2 tablished under this section shall be based on the

3 National Research Council Special Report 260, enti4 tled ‘Strategic Highway Research: Saving Lives, Re5 ducing Congestion, Improving Quality of Life’ and

6 the results of the detailed planning work subse7 quently carried out in 2002 and 2003 to identify the

8 research areas through National Cooperative Re9 search Program Project 20–58. The research pro10 gram shall include an analysis of the following:

11 ‘‘(A) Renewal of aging highway infrastruc12 ture with minimal impact to users of the facili13 ties.

14 ‘‘(B) Driving behavior and likely crash

15 causal factors to support improved counter16 measures.

17 ‘‘(C) Reducing highway congestion due to

18 nonrecurring congestion.

19 ‘‘(D) Planning and designing new road ca20 pacity to meet mobility, economic, environ21 mental, and community needs.

22 ‘‘(2) DISSEMINATION OFRESULTS.—The re23 search results of the program, expressed in terms of

24 technologies, methodologies, and other appropriate
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1 categorizations, shall be disseminated to practicing

2 engineers for their use, as soon as practicable.

3 ‘‘(e) PROGRAM ADMINISTRATION.—In carrying out

4 the program under this section, the National Research

5 Council shall ensure, to the maximum extent practicable,

6 that—

7 ‘‘(1) projects and researchers are selected to

8 conduct research for the program on the basis of

9 merit and open solicitation of proposals and review

10 by panels of appropriate experts;

11 ‘‘(2) State department of transportation offi12 cials and other stakeholders, as appropriate, are in13 volved in the governance of the program at the over14 all program level and technical level through the use

15 of expert panels and committees;

16 ‘‘(3) the Council acquires a qualified, perma17 nent core staff with the ability and expertise to man18 age the program and multiyear budget; and

19 ‘‘(4) there is no duplication of research effort

20 between the program and any other research effort

21 of the Department.

22 ‘‘(f) REPORT ON IMPLEMENTATION OF RESULTS.—

23 ‘‘(1) REPORT.—The Transportation Research

24 Board of the National Research Council shall com25 plete a report on the strategies and administrative
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1 structure to be used for implementation of the re2 sults of the future strategic highway research pro3 gram.

4 ‘‘(2) COMPONENTS.—The report under para5 graph (1) shall include with respect to the

6 program—

7 ‘‘(A) an identification of the most prom8 ising results of research under the program (in9 cluding the persons most likely to use the re10 sults);

11 ‘‘(B) a discussion of potential incentives

12 for, impediments to, and methods of, imple13 menting those results;

14 ‘‘(C) an estimate of costs of implementa15 tion of those results; and

16 ‘‘(D) recommendations on methods by

17 which implementation of those results should be

18 conducted, coordinated, and supported in future

19 years, including a discussion of the administra20 tive structure and organization best suited to

21 carry out those recommendations.

22 ‘‘(3) CONSULTATION.—In developing the report,

23 the Transportation Research Board shall consult

24 with a wide variety of stakeholders, including—

25 ‘‘(A) the Federal Highway Administration;
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1 ‘‘(B) the National Highway Traffic Safety

2 Administration; and

3 ‘‘(C) the American Association of State

4 Highway and Transportation Officials.

5 ‘‘(4) SUBMISSION.—Not later than February 1,

6 2009, the report shall be submitted to the Com7 mittee on Environment and Public Works of the

8 Senate and the Committee on Transportation and

9 Infrastructure of the House of Representatives.

10 ‘‘(g) LIMITATION OF REMEDIES.—

11 ‘‘(1) SAME REMEDY AS IFUNITED STATES.—

12 The remedy against the United States provided by

13 sections 1346(b) and 2672 of title 28 for injury, loss

14 of property, personal injury, or death shall apply to

15 any claim against the National Academy of Sciences

16 for money damages for injury, loss of property, per17 sonal injury, or death caused by any negligent or

18 wrongful act or omission by employees and individ19 uals described in paragraph (3) arising from activi20 ties conducted under or in connection with this sec21 tion. Any such claim shall be subject to the limita22 tions and exceptions which would be applicable to

23 such claim if such claim were against the United

24 States. With respect to any such claim, the Sec25 retary shall be treated as the head of the appro-
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1 priate Federal agency for purposes of sections 2672

2 and 2675 of title 28.

3 ‘‘(2) EXCLUSIVENESS OFREMEDY.—The rem4 edy referred to in paragraph (1) shall be exclusive

5 of any other civil action or proceeding for the pur6 pose of determining liability arising from any such

7 act or omission without regard to when the act or

8 omission occurred.

9 ‘‘(3) TREATMENT.—Employees of the National

10 Academy of Sciences and other individuals appointed

11 by the president of the National Academy of

12 Sciences and acting on its behalf in connection with

13 activities carried out under this section shall be

14 treated as if they are employees of the Federal Gov15 ernment under section 2671 of title 28 for purposes

16 of a civil action or proceeding with respect to a claim

17 described in paragraph (1). The civil action or pro18 ceeding shall proceed in the same manner as any

19 proceeding under chapter 171 of title 28 or action

20 against the United States filed pursuant to section

21 1346(b) of title 28 and shall be subject to the limita22 tions and exceptions applicable to such a proceeding

23 or action.

24 ‘‘(4) SOURCES OFPAYMENTS.—Payment of any

25 award, compromise, or settlement of a civil action or
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1 proceeding with respect to a claim described in para2 graph (1) shall be paid first out of insurance main3 tained by the National Academy of Sciences, second

4 from funds made available to carry out this section,

5 and then from sums made available under section

6 1304 of title 31. For purposes of such section, such

7 an award, compromise, or settlement shall be

8 deemed to be a judgment, award, or settlement pay9 able under section 2414 or 2672 of title 28. The

10 Secretary may establish a reserve of funds made

11 available to carry out this section for making pay12 ments under this paragraph.

13 ‘‘(h) FUNDING.—

14 ‘‘(1) FEDERAL SHARE.—The Federal share of

15 the cost of an activity carried out using amounts

16 made available under a grant or cooperative agree17 ment under this section shall be 100 percent, and

18 such funds shall remain available until expended.

19 ‘‘(2) ADVANCE PAYMENTS.—The Secretary may

20 make advance payments as necessary to carry out

21 the program under this section.’’.

22 (b) PROGRAMMATIC EVALUATIONS.—Within 3 years

23 after the first research and development project grants,

24 cooperative agreements, or contracts are awarded under

25 this section, the Comptroller General shall review the pro-
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1 gram under this section, and recommend improvements.

2 The review shall assess the degree to which projects fund3 ed under this section have addressed the research and de4 velopment topics identified in the Transportation Research

5 Board Special Report 260, including identifying those top6 ics which have not yet been addressed.

7 (c) CONFORMING AMENDMENT.—The analysis for

8 such chapter is further amended by adding at the end the

9 following:

‘‘510. Future strategic highway research program.’’.

10 (d) FUNDING.—Of the amounts made available by

11 section 5101(a)(1) of this Act, $17,000,000 for fiscal year

12 2004, $60,000,000 for fiscal year 2005, and $63,000,000

13 for each of fiscal years 2006 through 2009, shall be avail14 able to carry out section 510 of title 23, United States

15 Code.

16 SEC. 5210. TRANSPORTATION SAFETY INFORMATION MAN17 AGEMENT SYSTEM PROJECT.

18 (a) IN GENERAL.—The Secretary shall fund and

19 carry out a project to further the development of a com20 prehensive transportation safety information management

21 system (in this section referred to as ‘‘TSIMS’’).

22 (b) PURPOSES.—The purpose of the TSIMS project

23 is to further the development of a software application to

24 provide for the collection, integration, management, and

25 dissemination of safety data from and for use among State
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1 and local safety and transportation agencies, including

2 driver licensing, vehicle registration, emergency manage3 ment system, injury surveillance, roadway inventory, and

4 motor carrier databases.

5 (c) FUNDING.—

6 (1) FEDERAL CONTRIBUTION.—Of the amounts

7 made available by section 5101(a)(1) of this Act,

8 $1,000,000 for fiscal year 2004 and $3,000,000 for

9 fiscal year 2005 shall be available to carry out the

10 TSIMS project under this section.

11 (2) STATE CONTRIBUTION.—The sums author12 ized in paragraph (1) are intended to supplement

13 voluntary contributions to be made by State depart14 ments of transportation and other State safety and

15 transportation agencies.

16 SEC. 5211. SURFACE TRANSPORTATION CONGESTION RE17 LIEF SOLUTIONS RESEARCH INITIATIVE.

18 (a) ESTABLISHMENT.—During fiscal year 2004, the

19 Secretary, acting through the Federal Highway Adminis20 tration, shall establish a surface transportation congestion

21 solutions research initiative consisting of 2 independent

22 research programs described in subsections (b)(1) and

23 (b)(2) and designed to develop information to assist State

24 transportation departments and metropolitan planning or-
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1 ganizations measure and address surface transportation

2 congestion problems.

3 (b) SURFACE TRANSPORTATION CONGESTION SOLU4 TIONS RESEARCH PROGRAM.—

5 (1) IMPROVED SURFACE TRANSPORTATION CON6 GESTION MANAGEMENT SYSTEM MEASURES.—The

7 purposes of the first research program established

8 under this section shall be—

9 (A) to examine the effectiveness of surface

10 transportation congestion management systems

11 since enactment of the Intermodal Surface

12 Transportation Assistance Act of 1991 (Public

13 Law 102–240);

14 (B) to identify best case examples of lo15 cally designed reporting methods and incor16 porate such methods in research on national

17 models for developing and recommending im18 proved surface transportation congestion meas19 urement and reporting; and

20 (C) to incorporate such methods in the de21 velopment of national models and methods to

22 monitor, measure, and report surface transpor23 tation congestion information.

24 (2) ANALYTICAL TECHNIQUES FOR ACTION ON

25 SURFACE TRANSPORTATION CONGESTION.—The pur-
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1 poses of the second research program established

2 under this section shall be—

3 (A) to analyze the effectiveness of proce4 dures used by State transportation departments

5 and metropolitan planning organizations to as6 sess surface transportation congestion problems

7 and communicate those problems to decision8 makers; and

9 (B) to identify methods to ensure that the

10 results of surface transportation congestion

11 analyses will lead to the targeting of funding

12 for programs, projects, or services with dem13 onstrated effectiveness in reducing travel delay,

14 congestion, and system unreliability.

15 (c) TECHNICAL ASSISTANCE AND TRAINING.—In fis16 cal year 2006, the Secretary, acting through the Federal

17 Highway Administration, shall develop a technical assist18 ance and training program to disseminate the results of

19 the surface transportation congestion solutions research

20 initiative for the purpose of assisting State transportation

21 departments and local transportation agencies with im22 proving their approaches to surface transportation conges23 tion measurement, analysis, and project programming.

24 (d) FUNDING.—Of the amounts made available by

25 sections 5101(a)(1) of this Act, $4,000,000 for fiscal year
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1 2004 and $11,000,000 for each of fiscal years 2005

2 through 2009 shall be available to carry out subsections

3 (a) and (b). Of the amounts made available by section

4 5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000

5 for each of fiscal years 2005 through 2009 shall be avail6 able to carry out subsection (c).

7 SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY.

8 (a) IN GENERAL.—The Secretary, in coordination

9 with the motor carrier and wireless technology industry,

10 shall conduct a study to—

11 (1) identify inefficiencies in the transportation

12 of freight;

13 (2) evaluate the safety, productivity, and re14 duced cost improvements that may be achieved

15 through the use of wireless technologies to address

16 the inefficiencies identified in paragraph (1); and

17 (3) conduct, as appropriate, field tests dem18 onstrating the technologies identified in paragraph

19 (2).

20 (b) PROGRAM ELEMENTS.—The program shall in21 clude, at a minimum, the following:

22 (1) Fuel monitoring and management systems.

23 (2) Electronic document imaging.

24 (3) Border pre-clearance systems.

25 (4) Radio Frequency Identification technology.
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1 (5) Electronic manifest systems.

2 (6) Cargo theft prevention.

3 (c) FEDERAL SHARE.—The Federal share of the cost

4 of the study under this section shall be 100 percent.

5 (d) ANNUAL REPORT.—The Secretary shall prepare

6 and transmit to Congress an annual report on the pro7 grams and activities carried out under this section.

8 (e) FUNDING.—From funds made available under

9 section 5101(a)(1), the Secretary shall make available

10 $1,000,000 to the Federal Motor Carrier Safety Adminis11 tration for each of fiscal years 2005 through 2009 to carry

12 out this section.

13 SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOP14 MENT STRATEGIC PLANNING.

15 (a) AMENDMENT.—Section 508 of title 23, United

16 States Code, is amended to read as follows:

17 ‘‘§ 508. Transportation research and development

18 strategic planning

19 ‘‘(a) IN GENERAL.—

20 ‘‘(1) DEVELOPMENT.—Not later than 1 year

21 after the date of enactment of the Surface Transpor22 tation Research and Development Act of 2004, the

23 Secretary shall develop a 5-year transportation re24 search and development strategic plan to guide Fed25 eral transportation research and development activi-
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1 ties. This plan shall be consistent with section 306

2 of title 5, sections 1115 and 1116 of title 31, and

3 any other research and development plan within the

4 Department of Transportation.

5 ‘‘(2) CONTENTS.—The strategic plan developed

6 under paragraph (1) shall—

7 ‘‘(A) describe the primary purposes of the

8 transportation research and development pro9 gram, which shall include, at a minimum—

10 ‘‘(i) reducing congestion and improv11 ing mobility;

12 ‘‘(ii) promoting safety;

13 ‘‘(iii) promoting security;

14 ‘‘(iv) protecting and enhancing the en15 vironment;

16 ‘‘(v) preserving the existing transpor17 tation system; and

18 ‘‘(vi) improving the durability and ex19 tending the life of transportation infra20 structure;

21 ‘‘(B) for each purpose, list the primary re22 search and development topics that the Depart23 ment intends to pursue to accomplish that pur24 pose, which may include the fundamental re25 search in the physical and natural sciences, ap-
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1 plied research, technology development, and so2 cial science research intended for each topic;

3 and

4 ‘‘(C) for each research and development

5 topic, describe—

6 ‘‘(i) the anticipated annual funding

7 levels for the period covered by the stra8 tegic plan; and

9 ‘‘(ii) the additional information the

10 Department expects to gain at the end of

11 the period covered by the strategic plan as

12 a result of the research and development in

13 that topic area.

14 ‘‘(3) CONSIDERATIONS.—In developing the stra15 tegic plan, the Secretary shall ensure that the

16 plan—

17 ‘‘(A) reflects input from a wide range of

18 stakeholders;

19 ‘‘(B) includes and integrates the research

20 and development programs of all the Depart21 ment’s operating administrations, including

22 aviation, transit, rail, and maritime; and

23 ‘‘(C) takes into account how research and

24 development by other Federal, State, private

25 sector, and not-for-profit institutions contrib-
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1 utes to the achievement of the purposes identi2 fied under paragraph (2)(A), and avoids unnec3 essary duplication with these efforts.

4 ‘‘(4) PERFORMANCE PLANS AND REPORTS.—In

5 reports submitted under sections 1115 and 1116 of

6 title 31, the Secretary shall include—

7 ‘‘(A) a summary of the Federal transpor8 tation research and development activities for

9 the previous fiscal year in each topic area;

10 ‘‘(B) the amount of funding spent in each

11 topic area;

12 ‘‘(C) a description of the extent to which

13 the research and development is meeting the ex14 pectations set forth in paragraph (2)(C)(ii); and

15 ‘‘(D) any amendments to the strategic

16 plan.

17 ‘‘(b) The Secretary shall submit to Congress an an18 nual report, along with the President’s annual budget re19 quest, describing the amount spent in the last completed

20 fiscal year on transportation research and development

21 and the amount proposed in the current budget for trans22 portation research and development.

23 ‘‘(c) NATIONAL RESEARCH COUNCIL REVIEW.—The

24 Secretary shall enter into an agreement for the review by

25 the National Research Council of the details of each—
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1 ‘‘(1) strategic plan under section 508;

2 ‘‘(2) performance plan required under section

3 1115 of title 31; and

4 ‘‘(3) program performance report required

5 under section 1116 of title 31,

6 with respect to transportation research and develop7 ment.’’.

8 (b) CONFORMING AMENDMENT.—The analysis for

9 chapter 5 of title 23, United States Code, is amended by

10 striking the item related to section 508 and inserting the

11 following:

‘‘508. Transportation research and development strategic planning.’’.

12 Subtitle C—University Transpor13 tation Research; Scholarship

14 Opportunities

15 SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CEN16 TERS.

17 (a) IN GENERAL.—Section 5505 of title 49, United

18 States Code, is amended to read as follows:

19 ‘‘§ 5505. National university transportation centers

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) ESTABLISHMENT AND OPERATION.—The

22 Secretary of Transportation shall make grants under

23 this section to eligible nonprofit institutions of high24 er learning to establish and operate national univer25 sity transportation centers.
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1 ‘‘(2) ROLE OFCENTERS.—The role of each cen2 ter shall be to advance significantly transportation

3 research on critical national transportation issues

4 and to expand the workforce of transportation pro5 fessionals.

6 ‘‘(b) APPLICABILITY OF REQUIREMENTS.—A grant

7 received by an eligible nonprofit institution of higher

8 learning under this section shall be available for the same

9 purposes, and shall be subject to the same terms and con10 ditions, as a grant made to a nonprofit institution of high11 er learning under section 5506.

12 ‘‘(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER

13 LEARNING DEFINED.—In this section, the term ‘eligible

14 nonprofit institution of higher learning’ means each of the

15 lead institutions identified in subsections (j)(4)(A),

16 (j)(4)(B), and (j)(4)(F) of section 5505 as in effect on

17 the day before the date of enactment of the Transpor18 tation Equity Act: A Legacy for Users, the university re19 ferred to in section 704 of Public Law 103–206 (107 Stat.

20 2447), and the university that, as of the day before such

21 date of enactment, is the lead institution for the regional

22 university transportation center for region 5 of the Stand23 ard Federal Regional Boundary System.

24 ‘‘(d) GRANTS.—In each of fiscal years 2004 through

25 2009, the Secretary shall make a grant under this section
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1 to each eligible nonprofit institution of higher learning in

2 an amount not to exceed $3,500,000.’’.

3 (b) CONFORMING AMENDMENT.—The analysis for

4 subchapter I of chapter 55 of such title is amended by

5 striking the item relating to section 5505 and inserting

6 the following:

‘‘5505. National university transportation centers.’’.

7 SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH.

8 (a) IN GENERAL.—Section 5506 of title 49, United

9 States Code, is amended to read as follows:

10 ‘‘§ 5506. University transportation research

11 ‘‘(a) IN GENERAL.—The Secretary of Transportation

12 shall make grants under this section to nonprofit institu13 tions of higher learning to establish and operate university

14 transportation centers.

15 ‘‘(b) OBJECTIVES.—Grants received under this sec16 tion shall be used by nonprofit institutions of higher learn17 ing to advance significantly the state-of-the-art in trans18 portation research and expand the workforce of transpor19 tation professionals through the following programs and

20 activities:

21 ‘‘(1) RESEARCH.—Basic and applied research,

22 the products of which are judged by peers or other

23 experts in the field of transportation to advance the

24 body of knowledge in transportation.
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1 ‘‘(2) EDUCATION.—An education program re2 lating to transportation that includes multidisci3 plinary course work and participation in research.

4 ‘‘(3) TECHNOLOGY TRANSFER.—An ongoing

5 program of technology transfer that makes transpor6 tation research results available to potential users in

7 a form that can be implemented, utilized, or other8 wise applied.

9 ‘‘(c) REGIONAL, TIER I, AND TIER II CENTERS.—

10 ‘‘(1) IN GENERAL.—For each of fiscal years

11 2004 through 2009, the Secretary shall make grants

12 under subsection (a) to nonprofit institutions of

13 higher learning to establish and operate—

14 ‘‘(A) 10 regional university transportation

15 centers; and

16 ‘‘(B) 10 Tier I university transportation

17 centers.

18 ‘‘(2) TIER II CENTERS.—For each of fiscal

19 years 2005 through 2009, the Secretary shall make

20 grants under subsection (a) to nonprofit institutions

21 of higher learning to establish and operate 10 Tier

22 II university transportation centers.

23 ‘‘(3) LOCATION OFREGIONAL CENTERS.—One

24 regional university transportation center shall be lo25 cated in each of the 10 United States Government
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1 regions that comprise the Standard Federal Re2 gional Boundary System.

3 ‘‘(4) LIMITATION.—A nonprofit institution of

4 higher learning may not directly receive a grant

5 under this section for a fiscal year for more than

6 one university transportation center.

7 ‘‘(d) COMPETITIVE SELECTION PROCESS.—

8 ‘‘(1) APPLICATIONS.—In order to be eligible to

9 receive a grant under this section, a nonprofit insti10 tution of higher learning shall submit to the Sec11 retary an application that is in such form and con12 tains such information as the Secretary may require.

13 ‘‘(2) GENERAL SELECTION CRITERIA.—Except

14 as otherwise provided by this section, the Secretary

15 shall select each recipient of a grant under this sec16 tion through a competitive process on the basis of

17 the following:

18 ‘‘(A) The demonstrated research and ex19 tension resources available to the recipient to

20 carry out this section.

21 ‘‘(B) The capability of the recipient to pro22 vide leadership in making national and regional

23 contributions to the solution of immediate and

24 long-range transportation problems.
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1 ‘‘(C) The recipient’s demonstrated commit2 ment of at least $400,000 each year in regu3 larly budgeted institutional amounts to support

4 ongoing transportation research and education

5 programs.

6 ‘‘(D) The recipient’s demonstrated ability

7 to disseminate results of transportation re8 search and education programs through a state9 wide or regionwide continuing education pro10 gram.

11 ‘‘(E) The strategic plan the recipient pro12 poses to carry out under the grant.

13 ‘‘(e) REGIONAL UNIVERSITY TRANSPORTATION CEN14 TERS.—

15 ‘‘(1) COMPETITION.—Not later than March 31,

16 2005, and not later than March 31st of every 4th

17 year thereafter, the Secretary shall complete a com18 petition among nonprofit institutions of higher

19 learning for grants to establish and operate the 10

20 regional university transportation centers referred to

21 in subsection (c)(1)(A).

22 ‘‘(2) SELECTION CRITERIA.—In conducting a

23 competition under paragraph (1), the Secretary shall

24 select a nonprofit institution of higher learning on

25 the basis of—
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1 ‘‘(A) the criteria described in subsection

2 (d)(2);

3 ‘‘(B) the location of the center within the

4 Federal region to be served; and

5 ‘‘(C) whether or not the institution (or, in

6 the case of a consortium of institutions, the

7 lead institution) can demonstrate that it has a

8 well-established, nationally recognized program

9 in transportation research and education, as

10 evidenced by—

11 ‘‘(i) not less than $2,000,000 in high12 way or public transportation research ex13 penditures each year for each of the pre14 ceding 5 years;

15 ‘‘(ii) not less than 10 graduate de16 grees awarded in professional fields closely

17 related to highways and public transpor18 tation for year for each of the preceding 5

19 years; and

20 ‘‘(iii) not less than 5 tenured or ten21 ure-track faculty members who specialize

22 on a full-time basis in professional fields

23 closely related to highways and public

24 transportation who, as a group, have pub25 lished a total at least 50 refereed journal
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1 publications on highway or public transpor2 tation research during the preceding 5

3 years.

4 ‘‘(3) GRANT RECIPIENTS.—After selecting a

5 nonprofit institution of higher learning as a grant

6 recipient on the basis of a competition conducted

7 under this subsection, the Secretary shall make a

8 grant to the recipient to establish and operate a re9 gional university transportation center in each of the

10 first 4 fiscal years beginning after the date of the

11 competition.

12 ‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004

13 AND 2005.—For each of fiscal years 2004 and

14 2005, the Secretary shall make a grant under this

15 section to each of the 10 nonprofit institutions of

16 higher learning that were competitively selected for

17 grants by the Secretary under this section in July

18 1999 to operate regional university transportation

19 centers.

20 ‘‘(5) AMOUNT OFGRANTS.—For each of fiscal

21 years 2004 through 2009, a grant made by the Sec22 retary to a nonprofit institution of higher learning

23 for a fiscal year to establish and operate a regional

24 university transportation center shall not exceed

25 $3,500,000.
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1 ‘‘(f) TIER I UNIVERSITY TRANSPORTATION CEN2 TERS.—

3 ‘‘(1) COMPETITION.—Not later than March 31,

4 2006, and not later than March 31st of every 4th

5 year thereafter, the Secretary shall complete a com6 petition among nonprofit institutions of higher

7 learning for grants to establish and operate the 10

8 Tier I university transportation centers referred to

9 in subsection (c)(1)(B).

10 ‘‘(2) SELECTION CRITERIA.—In conducting a

11 competition under paragraph (1), the Secretary shall

12 select a nonprofit institution of higher learning on

13 the basis of—

14 ‘‘(A) the criteria described in subsection

15 (d)(2); and

16 ‘‘(B) whether or not the institution (or, in

17 the case of a consortium of institutions, the

18 lead institution) can demonstrate that it has an

19 established, recognized program in transpor20 tation research and education, as evidenced

21 by—

22 ‘‘(i) not less than $1,000,000 in high23 way or public transportation research ex24 penditures each year for each of the pre25 ceding 5 years or not less than $6,000,000
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1 in such expenditures during the 5 pre2 ceding years;

3 ‘‘(ii) not less than 5 graduate degrees

4 awarded in professional fields closely re5 lated to highways and public transpor6 tation each year for each of the preceding

7 5 years; and

8 ‘‘(iii) not less than 3 tenured or ten9 ure-track faculty members who specialize

10 on a full-time basis in professional fields

11 closely related to highways and public

12 transportation who, as a group, have pub13 lished a total at least 20 refereed journal

14 publications on highway or public transpor15 tation research during the preceding 5

16 years.

17 ‘‘(3) GRANT RECIPIENTS.—After selecting a

18 nonprofit institution of higher learning as a grant

19 recipient on the basis of a competition conducted

20 under this subsection, the Secretary shall make a

21 grant to the recipient to establish and operate a Tier

22 I university transportation center in each of the first

23 4 fiscal years beginning after the date of the com24 petition.
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1 ‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004,

2 2005, AND 2006.—For each of fiscal years 2004,

3 2005, and 2006, the Secretary shall make a grant

4 under this section to each of the 10 nonprofit insti5 tutions of higher learning that were competitively se6 lected for grant awards by the Secretary under this

7 section in May 2002 to operate university transpor8 tation centers (other than regional centers).

9 ‘‘(5) AMOUNT OFGRANTS.—A grant made by

10 the Secretary to a nonprofit institution of higher

11 learning for a fiscal year to establish and operate a

12 Tier I university transportation center shall not ex13 ceed $1,000,000 for fiscal year 2004 and

14 $1,500,000 for each of fiscal years 2005 through

15 2009.

16 ‘‘(g) TIER II UNIVERSITY TRANSPORTATION CEN17 TERS.—

18 ‘‘(1) COMPETITION.—Not later than August 31,

19 2004, not later than March 31, 2008, and not later

20 than March 31st of every 4th year thereafter, the

21 Secretary shall complete a competition among non22 profit institutions of higher learning for grants to

23 establish and operate the 10 Tier II university

24 transportation centers referred to in subsection

25 (c)(2).
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1 ‘‘(2) SELECTION CRITERIA.—In conducting a

2 competition under paragraph (1), the Secretary shall

3 select a nonprofit institution of higher learning on

4 the basis of the criteria described in subsection

5 (f)(2).

6 ‘‘(3) GRANT RECIPIENTS.—After selecting a

7 nonprofit institution of higher learning as a grant

8 recipient on the basis of a competition conducted

9 under this subsection, the Secretary shall—

10 ‘‘(A) in the case of the competition to be

11 completed not later than August 31, 2004,

12 make a grant to the recipient to establish and

13 operate a Tier II university transportation cen14 ter in each of fiscal years 2005 through 2008;

15 and

16 ‘‘(B) in the case of each subsequent com17 petition, make a grant to the recipient to estab18 lish and operate a Tier II university transpor19 tation center in each of the first 4 fiscal years

20 beginning after the date of the competition.

21 ‘‘(4) AMOUNT OFGRANTS.—For each of fiscal

22 years 2005 through 2009, a grant made by the Sec23 retary to a nonprofit institution of higher learning

24 for a fiscal year to establish and operate a Tier II
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1 university transportation center shall not exceed

2 $1,000,000.

3 ‘‘(h) SUPPORT OF NATIONAL STRATEGY FOR SUR4 FACE TRANSPORTATION RESEARCH.—In order to be eligi5 ble to receive a grant under this section, a nonprofit insti6 tution of higher learning shall provide assurances satisfac7 tory to the Secretary that the research and education ac8 tivities of its university transportation center will support

9 the national strategy for surface transportation research,

10 as identified by—

11 ‘‘(1) the report of the National Highway Re12 search and Technology Partnership entitled ‘High13 way Research and Technology: The Need for Great14 er Investment’, dated April 2002; and

15 ‘‘(2) the programs of the National Research

16 and Technology Program of the Federal Transit Ad17 ministration.

18 ‘‘(i) MAINTENANCE OF EFFORT.—In order to be eli19 gible to receive a grant under this section, a nonprofit in20 stitution of higher learning shall enter into an agreement

21 with the Secretary to ensure that the institution will main22 tain total expenditures from all other sources to establish

23 and operate a university transportation center and related

24 research activities at a level at least equal to the average
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1 level of such expenditures in its 2 fiscal years prior to

2 award of a grant under this section.

3 ‘‘(j) FEDERAL SHARE.—The Federal share of the

4 costs of activities carried out using a grant made under

5 this section shall be 50 percent of such costs. The non6 Federal share may include funds provided to a recipient

7 under section 503, 504(b), or 505 of title 23.

8 ‘‘(k) PROGRAM COORDINATION.—

9 ‘‘(1) COORDINATION.—The Secretary shall co10 ordinate the research, education, and technology

11 transfer activities that grant recipients carry out

12 under this section, disseminate the results of the re13 search, and establish and operate a clearinghouse to

14 disseminate the results of the research.

15 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—At

16 least annually, and consistent with the plan devel17 oped under section 508 of title 23, the Secretary

18 shall review and evaluate programs of grant recipi19 ents.

20 ‘‘(3) MANAGEMENT AND OVERSIGHT.—The Sec21 retary shall expend $1,500,000 for each of fiscal

22 years 2005 through 2009 from amounts made avail23 able to carry out this section to carry out manage24 ment and oversight of the centers receiving assist25 ance under this section.
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1 ‘‘(l) PROGRAM ADMINISTRATION.—The Secretary

2 shall carry out this section acting through the Adminis3 trator of the Research and Special Programs Administra4 tion.

5 ‘‘(m) LIMITATION ON AVAILABILITY OF FUNDS.—

6 Funds made available to carry out this section shall re7 main available for obligation by the Secretary for a period

8 of 2 years after the last day of the fiscal year for which

9 such funds are authorized.’’.

10 (b) CONFORMING AMENDMENT.—The analysis for

11 subchapter I of chapter 55 of such title is amended by

12 striking the item relating to section 5506 and inserting

13 the following:

‘‘5506. University transportation research.’’.

14 SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNI15 TIES PROGRAM.

16 (a) IN GENERAL.—

17 (1) ESTABLISHMENT OFPROGRAM.—The Sec18 retary may establish and implement a scholarship

19 program for the purpose of attracting qualified stu20 dents for transportation-related critical jobs.

21 (2) PARTNERSHIP.—The Secretary may estab22 lish the program in partnership with appropriate

23 nongovernmental institutions.

24 (b) PARTICIPATION AND FUNDING.—An operating

25 administration of the Department of Transportation and
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1 the Office of Inspector General may participate in the

2 scholarship program. Notwithstanding any other provision

3 of law, the Secretary may use funds available to an oper4 ating administration or from the Office of Inspector Gen5 eral of the Department of Transportation for the purpose

6 of carrying out this section.

7 Subtitle D—Advanced Technologies

8 SEC. 5401. ADVANCED HEAVY-DUTY VEHICLE TECH9 NOLOGIES RESEARCH PROGRAM.

10 (a) IN GENERAL.—Subchapter I of chapter 55 of title

11 49, United States Code, is amended by adding at the end

12 the following:

13 ‘‘§ 5507. Advanced heavy-duty vehicle technologies

14 research program

15 ‘‘(a) IN GENERAL.—The Secretary of Transportation

16 shall conduct research, development, demonstration, and

17 testing to integrate emerging advanced heavy-duty vehicle

18 technologies in order to provide seamless, safe, secure, and

19 efficient transportation and to benefit the environment.

20 ‘‘(b) CONSULTATION.—To ensure the activities per21 formed pursuant to this section achieve the maximum ben22 efit, the Secretary of Transportation shall consult with the

23 Secretary of Energy, the Administrator of the Environ24 mental Protection Agency, and other relevant Federal

25 agencies on research, development, and demonstration ac-
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1 tivities authorized under this section related to advanced

2 heavy-duty vehicle technologies.

3 ‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND

4 OTHER TRANSACTIONS.—The Secretary may make grants

5 to, and enter into cooperative agreements and other trans6 actions with, Federal and other public agencies (including

7 State and local governments) and persons to carry out

8 subsection (a).

9 ‘‘(d) COST SHARING.—At least 50 percent of the

10 funding for projects carried out under this section must

11 be provided by non-Federal sources.

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated from the Highway Trust

14 Fund (other than the Mass Transit Account) to carry out

15 subsection (a) $1,000,000 for fiscal year 2004 and

16 $3,000,000 for each of fiscal years 2005 through 2009.

17 ‘‘(f) CONTRACT AUTHORITY.—The funds authorized

18 to be appropriated by subsection (e) shall be available for

19 obligation in the same manner as if such funds were ap20 portioned under chapter 1 of title 23 and shall be subject

21 to any limitation on obligations imposed on funds made

22 available to carry out title V of the Transportation Equity

23 Act: A Legacy for Users.’’.
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1 (b) CONFORMING AMENDMENT.—The analysis for

2 subchapter I of chapter 55 of such title is amended by

3 adding at the end the following:

‘‘5507. Advanced heavy-duty vehicle technologies research program.’’.

4 SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND

5 SPATIAL INFORMATION TECHNOLOGIES.

6 (a) IN GENERAL.—The Secretary shall establish and

7 carry out a program to validate commercial remote sens8 ing products and spatial information technologies for ap9 plication to national transportation infrastructure develop10 ment and construction.

11 (b) PROGRAM.—

12 (1) NATIONAL POLICY.—The Secretary shall es13 tablish and maintain a national policy for the use of

14 commercial remote sensing products and spatial in15 formation technologies in national transportation in16 frastructure development and construction.

17 (2) POLICY IMPLEMENTATION.—The Secretary

18 shall develop new applications of commercial remote

19 sensing products and spatial information tech20 nologies for the implementation of the national pol21 icy established and maintained under paragraph (1).

22 (c) COOPERATION.—The Secretary shall carry out

23 this section in cooperation with the commercial remote

24 sensing program of the National Aeronautics and Space
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1 Administration and a consortium of university research

2 centers.

3 (d) FUNDING.—Of the amounts made available by

4 section 5101(a)(1) of this Act, $3,000,000 for fiscal year

5 2004 and $9,000,000 for each of fiscal years 2005

6 through 2009 shall be available to carry out this section.

7 Subtitle E—Transportation Data

8 and Analysis

9 SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS.

10 Section 111 of title 49, United States Code, is

11 amended to read as follows:

12 ‘‘§ 111. Bureau of Transportation Statistics

13 ‘‘(a) ESTABLISHMENT.—There is established in the

14 Department of Transportation a Bureau of Transpor15 tation Statistics.

16 ‘‘(b) DIRECTOR.—

17 ‘‘(1) APPOINTMENT.—The Bureau shall be

18 headed by a Director who shall be appointed by the

19 President, by and with the advice and consent of the

20 Senate.

21 ‘‘(2) QUALIFICATIONS.—The Director shall be

22 appointed from among individuals who are qualified

23 to serve as the Director by virtue of their training

24 and experience in the collection, analysis, and use of

25 transportation statistics.
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1 ‘‘(3) REPORTING.—The Director shall report

2 directly to the Secretary.

3 ‘‘(4) TERM.—The term of the Director shall be

4 5 years. The Director may continue to serve after

5 the expiration of the term until a successor is ap6 pointed and confirmed.

7 ‘‘(c) RESPONSIBILITIES.—The Director of the Bu8 reau shall serve as the Secretary’s senior advisor on data

9 and statistics, and shall be responsible for carrying out

10 the following duties:

11 ‘‘(1) PROVIDING DATA, STATISTICS, AND ANAL12 YSIS TO TRANSPORTATION DECISIONMAKERS.—En13 suring that the statistics compiled under paragraph

14 (5) are designed to support transportation decision15 making by the Federal Government, State and local

16 governments, metropolitan planning organizations,

17 transportation-related associations, the private sec18 tor (including the freight community), and the pub19 lic.

20 ‘‘(2) COORDINATING COLLECTION OFINFORMA21 TION.—Working with the operating administrations

22 of the Department to establish and implement the

23 Bureau’s data programs and to improve the coordi24 nation of information collection efforts with other

25 Federal agencies.
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1 ‘‘(3) DATA MODERNIZATION.—Continually im2 proving surveys and data collection methods to im3 prove the accuracy and utility of transportation sta4 tistics.

5 ‘‘(4) ENCOURAGING DATA STANDARDIZATION.—

6 Encouraging the standardization of data, data col7 lection methods, and data management and storage

8 technologies for data collected by the Bureau, the

9 operating administrations of the Department of

10 Transportation, States, local governments, metro11 politan planning organizations, and private sector

12 entities.

13 ‘‘(5) COMPILING TRANSPORTATION STATIS14 TICS.—Compiling, analyzing, and publishing a com15 prehensive set of transportation statistics on the per16 formance and impacts of the national transportation

17 system, including statistics on—

18 ‘‘(A) productivity in various parts of the

19 transportation sector;

20 ‘‘(B) traffic flows for all modes of trans21 portation;

22 ‘‘(C) other elements of the Intermodal

23 Transportation Database established under sub24 section (g);
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1 ‘‘(D) travel times and measures of conges2 tion;

3 ‘‘(E) vehicle weights and other vehicle

4 characteristics;

5 ‘‘(F) demographic, economic, and other

6 variables influencing traveling behavior, includ7 ing choice of transportation mode, and goods

8 movement;

9 ‘‘(G) transportation costs for passenger

10 travel and goods movement;

11 ‘‘(H) availability and use of mass transit

12 (including the number of passengers served by

13 each mass transit authority) and other forms of

14 for-hire passenger travel;

15 ‘‘(I) frequency of vehicle and transpor16 tation facility repairs and other interruptions of

17 transportation service;

18 ‘‘(J) safety and security for travelers, vehi19 cles, and transportation systems;

20 ‘‘(K) consequences of transportation for

21 the human and natural environment;

22 ‘‘(L) the extent, connectivity, and condition

23 of the transportation system, building on the

24 National Transportation Atlas Database devel25 oped under subsection (g); and
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1 ‘‘(M) transportation-related variables that

2 influence the domestic economy and global com3 petitiveness.

4 ‘‘(6) NATIONAL SPATIAL DATA INFRASTRUC5 TURE.—Building and disseminating the transpor6 tation layer of the National Spatial Data Infrastruc7 ture, including coordinating the development of

8 transportation geospatial data standards, compiling

9 intermodal geospatial data, and collecting geospatial

10 data that is not being collected by others.

11 ‘‘(7) ISSUING GUIDELINES.—Issuing guidelines

12 for the collection of information by the Department

13 of Transportation required for statistics to be com14 piled under paragraph (5) in order to ensure that

15 such information is accurate, reliable, relevant, and

16 in a form that permits systematic analysis. The Bu17 reau shall review and report to the Secretary of

18 Transportation on the sources and reliability of the

19 statistics proposed by the heads of the operating ad20 ministrations of the Department to measure outputs

21 and outcomes as required by the Government Per22 formance and Results Act of 1993, and the amend23 ments made by such Act, and shall carry out such

24 other reviews of the sources and reliability of other

25 data collected or statistical information published by
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1 the heads of the operating administrations of the

2 Department as shall be requested by the Secretary.

3 ‘‘(8) MAKING STATISTICS ACCESSIBLE.—Mak4 ing the statistics published under this subsection

5 readily accessible.

6 ‘‘(d) INFORMATION NEEDS ASSESSMENT.—

7 ‘‘(1) IN GENERAL.—Within 60 days after the

8 date of the enactment of the Transportation Equity

9 Act: A Legacy for Users, the Secretary shall enter

10 into an arrangement with the National Research

11 Council to develop and publish a National Transpor12 tation Information Needs Assessment (referred to in

13 this subsection as the ‘Assessment’). The Assess14 ment shall be transmitted to the Secretary and the

15 Congress not later than 24 months after such ar16 rangement is entered into.

17 ‘‘(2) CONTENT.—The Assessment shall—

18 ‘‘(A) identify, in priority order, transpor19 tation data that is not being collected by the

20 Bureau, Department of Transportation oper21 ating administrations, or other Federal, State,

22 or local entities, but is needed to improve trans23 portation decisionmaking at the Federal, State,

24 and local level and to fulfill the requirements of

25 subsection (c)(5);
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1 ‘‘(B) recommend whether the data identi2 fied in subparagraph (A) should be collected by

3 the Bureau, other parts of the Department, or

4 by other Federal, State, or local entities, and

5 whether any data is a higher priority than data

6 currently being collected;

7 ‘‘(C) identify any data the Bureau or other

8 Federal, State, and local entities is collecting

9 that is not needed;

10 ‘‘(D) describe new data collection methods

11 (including changes in surveys) and other

12 changes the Bureau or other Federal, State,

13 and local entities should implement to improve

14 the standardization, accuracy, and utility of

15 transportation data and statistics; and

16 ‘‘(E) estimate the cost of implementing

17 any recommendations.

18 ‘‘(3) CONSULTATION.—In developing the As19 sessment, the National Research Council shall con20 sult with the Department’s Advisory Council on

21 Transportation Statistics and a representative cross22 section of transportation community stakeholders as

23 well as other Federal agencies, including the Envi24 ronmental Protection Agency, the Department of
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1 Energy, and the Department of Housing and Urban

2 Development.

3 ‘‘(4) REPORT TO CONGRESS.—Not later than 6

4 months after the National Research Council trans5 mits the Assessment under paragraph (1), the Sec6 retary shall transmit a report to Congress that

7 describes—

8 ‘‘(A) how the Department plans to fill the

9 data gaps identified under paragraph (2)(A);

10 ‘‘(B) how the Department plans to stop

11 collecting data identified under paragraph

12 (2)(C);

13 ‘‘(C) how the Department plans to imple14 ment improved data collection methods and

15 other changes identified under paragraph

16 (2)(D);

17 ‘‘(D) the expected costs of implementing

18 subparagraphs (A), (B), and (C) of this para19 graph;

20 ‘‘(E) any findings of the Assessment under

21 paragraph (1) with which the Secretary dis22 agrees, and why; and

23 ‘‘(F) any proposed statutory changes need24 ed to implement the findings of the Assessment

25 under paragraph (1).
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1 ‘‘(e) INTERMODAL TRANSPORTATION DATA BASE.—

2 ‘‘(1) IN GENERAL.—In consultation with the

3 Under Secretary for Policy, the Assistant Secre4 taries, and the heads of the operating administra5 tions of the Department of Transportation, the Di6 rector shall establish and maintain a transportation

7 data base for all modes of transportation.

8 ‘‘(2) USE.—The data base shall be suitable for

9 analyses carried out by the Federal Government, the

10 States, and metropolitan planning organizations.

11 ‘‘(3) CONTENTS.—The data base shall

12 include—

13 ‘‘(A) information on the volumes and pat14 terns of movement of goods, including local,

15 interregional, and international movement, by

16 all modes of transportation and intermodal

17 combinations, and by relevant classification;

18 ‘‘(B) information on the volumes and pat19 terns of movement of people, including local,

20 interregional, and international movements, by

21 all modes of transportation (including bicycle

22 and pedestrian modes) and intermodal combina23 tions, and by relevant classification;
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1 ‘‘(C) information on the location and

2 connectivity of transportation facilities and

3 services; and

4 ‘‘(D) a national accounting of expenditures

5 and capital stocks on each mode of transpor6 tation and intermodal combination.

7 ‘‘(f) NATIONAL TRANSPORTATION LIBRARY.—

8 ‘‘(1) IN GENERAL.—The Director shall establish

9 and maintain a National Transportation Library,

10 which shall contain a collection of statistical and

11 other information needed for transportation decision12 making at the Federal, State, and local levels.

13 ‘‘(2) ACCESS.—The Director shall facilitate and

14 promote access to the Library, with the goal of im15 proving the ability of the transportation community

16 to share information and the ability of the Director

17 to make statistics readily accessible under subsection

18 (c)(8).

19 ‘‘(3) COORDINATION.—The Director shall work

20 with other transportation libraries and other trans21 portation information providers, both public and pri22 vate, to achieve the goal specified in paragraph (2).

23 ‘‘(g) NATIONAL TRANSPORTATION ATLAS DATA

24 BASE.—
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1 ‘‘(1) IN GENERAL.—The Director shall develop

2 and maintain geospatial data bases that depict—

3 ‘‘(A) transportation networks;

4 ‘‘(B) flows of people, goods, vehicles, and

5 craft over the networks; and

6 ‘‘(C) social, economic, and environmental

7 conditions that affect or are affected by the net8 works.

9 ‘‘(2) INTERMODAL NETWORK ANALYSIS.—The

10 data bases shall be able to support intermodal net11 work analysis.

12 ‘‘(h) MANDATORY RESPONSE AUTHORITY FOR

13 FREIGHT DATA COLLECTION.—Whoever, being the

14 owner, official, agent, person in charge, or assistant to the

15 person in charge of any corporation, company, business,

16 institution, establishment, or organization of any nature

17 whatsoever, neglects or refuses, when requested by the Di18 rector or other authorized officer, employee, or contractor

19 of the Bureau, to answer completely and correctly to the

20 best of his or her knowledge all questions relating to the

21 corporation, company, business, institution, establishment,

22 or other organization, or to make available records or sta23 tistics in his or her official custody, contained in a data

24 collection request prepared and submitted under the au25 thority of subsection (c)(1), shall be fined not more than
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1 $500; but if he or she willfully gives a false answer to

2 such a question, he or she shall be fined not more than

3 $10,000.

4 ‘‘(i) RESEARCH AND DEVELOPMENT GRANTS.—The

5 Secretary may make grants to, or enter into cooperative

6 agreements or contracts with, public and nonprofit private

7 entities (including State transportation departments, met8 ropolitan planning organizations, and institutions of high9 er education) for—

10 ‘‘(1) investigation of the subjects specified in

11 subsection (c)(5) and research and development of

12 new methods of data collection, standardization,

13 management, integration, dissemination, interpreta14 tion, and analysis;

15 ‘‘(2) demonstration programs by States, local

16 governments, and metropolitan planning organiza17 tions to harmonize data collection, reporting, man18 agement, storage, and archiving to simplify data

19 comparisons across jurisdictions;

20 ‘‘(3) development of electronic clearinghouses of

21 transportation data and related information, as part

22 of the National Transportation Library under sub23 section (f); and

24 ‘‘(4) development and improvement of methods

25 for sharing geographic data, in support of the na-
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1 tional transportation atlas data base under sub2 section (g) and the National Spatial Data Infra3 structure developed under Executive Order No.

4 12906.

5 ‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—

6 Nothing in this section shall be construed—

7 ‘‘(1) to authorize the Bureau to require any

8 other department or agency to collect data; or

9 ‘‘(2) to reduce the authority of any other officer

10 of the Department of Transportation to collect and

11 disseminate data independently.

12 ‘‘(k) PROHIBITION ON CERTAIN DISCLOSURES.—

13 ‘‘(1) IN GENERAL.—An officer, employee or

14 contractor of the Bureau may not—

15 ‘‘(A) make any disclosure in which the

16 data provided by an individual or organization

17 under subsection (c) can be identified;

18 ‘‘(B) use the information provided under

19 subsection (c) for a nonstatistical purpose; or

20 ‘‘(C) permit anyone other than an indi21 vidual authorized by the Director to examine

22 any individual report provided under subsection

23 (c).

24 ‘‘(2) COPIES OFREPORTS.—
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1 ‘‘(A) IN GENERAL.—No department, bu2 reau, agency, officer, or employee of the United

3 States (except the Director in carrying out this

4 section) may require, for any reason, a copy of

5 any report that has been filed under subsection

6 (c) with the Bureau or retained by an indi7 vidual respondent.

8 ‘‘(B) LIMITATION ON JUDICIAL PRO9 CEEDINGS.—A copy of a report described in

10 subparagraph (A) that has been retained by an

11 individual respondent or filed with the Bureau

12 or any of its employees, contractors, or

13 agents—

14 ‘‘(i) shall be immune from legal proc15 ess; and

16 ‘‘(ii) shall not, without the consent of

17 the individual concerned, be admitted as

18 evidence or used for any purpose in any

19 action, suit, or other judicial or adminis20 trative proceeding.

21 ‘‘(C) APPLICABILITY.—This paragraph

22 shall apply only to reports that permit informa23 tion concerning an individual or organization to

24 be reasonably determined by direct or indirect

25 means.
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1 ‘‘(3) INFORMING RESPONDENT OF USE OF

2 DATA.—In a case in which the Bureau is authorized

3 by statute to collect data or information for a non4 statistical purpose, the Director shall clearly distin5 guish the collection of the data or information, by

6 rule and on the collection instrument, so as to in7 form a respondent that is requested or required to

8 supply the data or information of the nonstatistical

9 purpose.

10 ‘‘(l) TRANSPORTATION STATISTICS ANNUAL RE11 PORT.—The Director shall transmit to the President and

12 Congress a Transportation Statistics Annual Report which

13 shall include information on items referred to in sub14 section (c)(5), documentation of methods used to obtain

15 and ensure the quality of the statistics presented in the

16 report, and recommendations for improving transportation

17 statistical information.

18 ‘‘(m) DATA ACCESS.—The Director shall have access

19 to transportation and transportation-related information

20 in the possession of any Federal agency except

21 information—

22 ‘‘(1) the disclosure of which to another Federal

23 agency is expressly prohibited by law; or

24 ‘‘(2) the disclosure of which the agency so re25 quested determines would significantly impair the
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1 discharge of authorities and responsibilities which

2 have been delegated to, or vested by law, in such

3 agency.

4 ‘‘(n) PROCEEDS OF DATA PRODUCT SALES.—Not5 withstanding section 3302 of title 31, United States Code,

6 funds received by the Bureau from the sale of data prod7 ucts, for necessary expenses incurred, may be credited to

8 the Highway Trust Fund (other than the Mass Transit

9 Account) for the purpose of reimbursing the Bureau for

10 the expenses.

11 ‘‘(o) ADVISORY COUNCIL ON TRANSPORTATION STA12 TISTICS.—

13 ‘‘(1) ESTABLISHMENT.—The Director of the

14 Bureau of Transportation Statistics shall establish

15 an Advisory Council on Transportation Statistics.

16 ‘‘(2) FUNCTION.—It shall be the function of the

17 Advisory Council established under this subsection

18 to—

19 ‘‘(A) advise the Director of the Bureau of

20 Transportation Statistics on the quality, reli21 ability, consistency, objectivity, and relevance of

22 transportation statistics and analyses collected,

23 supported, or disseminated by the Bureau of

24 Transportation Statistics and the Department

25 of Transportation;
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1 ‘‘(B) provide input to and review the re2 port to Congress under subsection (d)(4); and

3 ‘‘(C) advise the Director on methods to en4 courage harmonization and interoperability of

5 transportation data collected by the Bureau, the

6 operating administrations of the Department of

7 Transportation, States, local governments, met8 ropolitan planning organizations, and private

9 sector entities.

10 ‘‘(3) MEMBERSHIP.—The Advisory Council es11 tablished under this subsection shall be composed of

12 not fewer than 9 and not more than 11 members ap13 pointed by the Director, who are not officers or em14 ployees of the United States. Each member shall

15 have expertise in transportation data collection or

16 analysis or application; except that 1 member shall

17 have expertise in economics, 1 member shall have ex18 pertise in statistics, and 1 member shall have experi19 ence in transportation safety. At least 1 member

20 shall be a senior official of a State department of

21 transportation. Members shall include representation

22 of a cross-section of transportation community

23 stakeholders.

24 ‘‘(4) TERMS OFAPPOINTMENT.—(A) Except as

25 provided in subparagraph (B), members shall be ap-
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1 pointed to staggered terms not to exceed 3 years. A

2 member may be renominated for one additional 3-

3 year term.

4 ‘‘(B) Members serving on the Advisory Council

5 on Transportation Statistics as of the date of enact6 ment of the Transportation Equity Act: A Legacy

7 for Users shall serve until the end of their appointed

8 terms.

9 ‘‘(5) APPLICABILITY OFFEDERAL ADVISORY

10 COMMITTEE ACT.—The Federal Advisory Committee

11 Act shall apply to the Advisory Council established

12 under this subsection, except that section 14 of such

13 Act shall not apply to such Advisory Council.’’.

14 Subtitle F—Intelligent

15 Transportation Systems Research

16 SEC. 5601. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Intelligent Trans18 portation Systems Act of 2004’’.

19 SEC. 5602. GOALS AND PURPOSES.

20 (a) GOALS.—The goals of the intelligent transpor21 tation system program include—

22 (1) enhancement of surface transportation effi23 ciency and facilitation of intermodalism and inter24 national trade to enable existing facilities to meet a

25 significant portion of future transportation needs,
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1 including public access to employment, goods, and

2 services and to reduce regulatory, financial, and

3 other transaction costs to public agencies and sys4 tem users;

5 (2) achievement of national transportation safe6 ty goals, including the enhancement of safe oper7 ation of motor vehicles and nonmotorized vehicles as

8 well as improved emergency response to a crash,

9 with particular emphasis on decreasing the number

10 and severity of collisions;

11 (3) protection and enhancement of the natural

12 environment and communities affected by surface

13 transportation, with particular emphasis on assisting

14 State and local governments to achieve national en15 vironmental goals;

16 (4) accommodation of the needs of all users of

17 surface transportation systems, including operators

18 of commercial motor vehicles, passenger motor vehi19 cles, motorcycles, and bicycles and pedestrians, in20 cluding individuals with disabilities; and

21 (5) improvement of the Nation’s ability to re22 spond to security-related or other manmade emer23 gencies and natural disasters and enhancement of

24 national defense mobility.
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1 (b) PURPOSES.—The Secretary shall implement ac2 tivities under the intelligent system transportation pro3 gram to, at a minimum—

4 (1) expedite, in both metropolitan and rural

5 areas, deployment and integration of intelligent

6 transportation systems for consumers of passenger

7 and freight transportation;

8 (2) ensure that Federal, State, and local trans9 portation officials have adequate knowledge of intel10 ligent transportation systems for full consideration

11 in the transportation planning process;

12 (3) improve regional cooperation and operations

13 planning for effective intelligent transportation sys14 tem deployment;

15 (4) promote the innovative use of private re16 sources;

17 (5) facilitate, in cooperation with the motor ve18 hicle industry, the introduction of a vehicle-based

19 safety enhancing systems;

20 (6) support the application of intelligent trans21 portation systems that increase the safety and effi22 ciency of commercial motor vehicle operations;

23 (7) develop a workforce capable of developing,

24 operating, and maintaining intelligent transportation

25 systems; and
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1 (8) provide continuing support for operations

2 and maintenance of intelligent transportation sys3 tems.

4 SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS.

5 (a) SCOPE.—Subject to the provisions of this subtitle,

6 the Secretary shall conduct an ongoing intelligent trans7 portation system program to research, develop, and oper8 ationally test intelligent transportation systems and ad9 vance nationwide deployment of such systems as a compo10 nent of the surface transportation systems of the United

11 States.

12 (b) POLICY.—Intelligent transportation system re13 search projects and operational tests funded pursuant to

14 this subtitle shall encourage and not displace public-pri15 vate partnerships or private sector investment in such

16 tests and projects.

17 (c) COOPERATION WITH GOVERNMENTAL, PRIVATE,

18 AND EDUCATIONAL ENTITIES.—The Secretary shall carry

19 out the intelligent transportation system program in co20 operation with State and local governments and other pub21 lic entities, the private sector of the United States, the

22 Federal laboratories, and colleges and universities, includ23 ing historically Black colleges and universities and other

24 minority institutions of higher education.
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1 (d) CONSULTATION WITH FEDERAL OFFICIALS.—In

2 carrying out the intelligent transportation system pro3 gram, the Secretary shall consult with the heads of other

4 Federal departments and agencies, as appropriate.

5 (e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR6 MATION.—The Secretary may provide technical assistance,

7 training, and information to State and local governments

8 seeking to implement, operate, maintain, or evaluate intel9 ligent transportation system technologies and services.

10 (f) TRANSPORTATION PLANNING.—The Secretary

11 may provide funding to support adequate consideration of

12 transportation systems management and operations, in13 cluding intelligent transportation systems, within metro14 politan and statewide transportation planning processes.

15 (g) INFORMATION CLEARINGHOUSE.—

16 (1) IN GENERAL.—The Secretary shall—

17 (A) maintain a repository for technical and

18 safety data collected as a result of federally

19 sponsored projects carried out under this sub20 title (including the amendments made by this

21 subtitle); and

22 (B) make, on request, that information

23 (except for proprietary information and data)

24 readily available to all users of the repository at

25 an appropriate cost.
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1 (2) AGREEMENT.—

2 (A) IN GENERAL.—The Secretary may

3 enter into an agreement with a third party for

4 the maintenance of the repository for technical

5 and safety data under paragraph (1)(A).

6 (B) FEDERAL FINANCIAL ASSISTANCE.—If

7 the Secretary enters into an agreement with an

8 entity for the maintenance of the repository, the

9 entity shall be eligible for Federal financial as10 sistance under this section.

11 (3) AVAILABILITY OFINFORMATION.—Informa12 tion in the repository shall not be subject to section

13 555 of title 5, United States Code.

14 (h) ADVISORY COMMITTEE.—

15 (1) IN GENERAL.—The Secretary shall establish

16 an Advisory Committee to advise the Secretary on

17 carrying out this subtitle.

18 (2) MEMBERSHIP.—The Advisory Committee

19 shall have no more than 20 members, be balanced

20 between metropolitan and rural interests, and in21 clude, at a minimum—

22 (A) a representative from a State highway

23 department;
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1 (B) a representative from a local highway

2 department who is not from a metropolitan

3 planning organization;

4 (C) a representative from a State, local, or

5 regional transit agency;

6 (D) a representative from a metropolitan

7 planning organization;

8 (E) a private sector user of intelligent

9 transportation system technologies;

10 (F) an academic researcher with expertise

11 in computer science or another information

12 science field related to intelligent transportation

13 systems, and who is not an expert on transpor14 tation issues;

15 (G) an academic researcher who is a civil

16 engineer;

17 (H) an academic researcher who is a social

18 scientist with expertise in transportation issues;

19 (I) a representative from a not-for-profit

20 group representing the intelligent transpor21 tation system industry;

22 (J) a representative from a public interest

23 group concerned with safety;

24 (K) a representative from a public interest

25 group concerned with the impact of the trans-
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1 portation system on land use and residential

2 patterns; and

3 (L) members with expertise in planning,

4 safety, and operations.

5 (3) DUTIES.—The Advisory Committee shall, at

6 a minimum, perform the following duties:

7 (A) Provide input into the development of

8 the Intelligent Transportation System aspects

9 of the strategic plan under section 508 of title

10 23, United States Code.

11 (B) Review, at least annually, areas of in12 telligent transportation systems research being

13 considered for funding by the Department, to

14 determine—

15 (i) whether these activities are likely

16 to advance either the state-of-the-practice

17 or state-of-the-art in intelligent transpor18 tation systems;

19 (ii) whether the intelligent transpor20 tation system technologies are likely to be

21 deployed by users, and, if not, to determine

22 the barriers to deployment; and

23 (iii) the appropriate roles for govern24 ment and the private sector in investing in
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1 the research and technologies being consid2 ered.

3 (4) REPORT.—Not later than February 1 of

4 each year after the date of enactment of this Act,

5 the Secretary shall transmit to the Congress, a re6 port including—

7 (A) all recommendations made by the Ad8 visory Committee during the preceding calendar

9 year;

10 (B) an explanation of how the Secretary

11 has implemented those recommendations; and

12 (C) for recommendations not implemented,

13 the reasons for rejecting the recommendations.

14 (5) APPLICABILITY OFFEDERAL ADVISORY

15 COMMITTEE ACT.—The Advisory Committee shall be

16 subject to the Federal Advisory Committee Act (5

17 U.S.C. App.).

18 (i) REPORTING.—

19 (1) GUIDELINES AND REQUIREMENTS.—

20 (A) IN GENERAL.—The Secretary shall

21 issue guidelines and requirements for the re22 porting and evaluation of operational tests and

23 deployment projects carried out under this sub24 title.
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1 (B) OBJECTIVITY AND INDEPENDENCE.—

2 The guidelines and requirements issued under

3 subparagraph (A) shall include provisions to en4 sure the objectivity and independence of the re5 porting entity so as to avoid any real or appar6 ent conflict of interest or potential influence on

7 the outcome by parties to any such test or de8 ployment project or by any other formal evalua9 tion carried out under this subtitle.

10 (C) FUNDING.—The guidelines and re11 quirements issued under subparagraph (A) shall

12 establish reporting funding levels based on the

13 size and scope of each test or project that en14 sure adequate reporting of the results of the

15 test or project.

16 (2) SPECIAL RULE.—Any survey, questionnaire,

17 or interview that the Secretary considers necessary

18 to carry out the reporting of any test, deployment

19 project, or program assessment activity under this

20 subtitle shall not be subject to chapter 35 of title 44.

21 SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS.

22 (a) IN GENERAL.—

23 (1) DEVELOPMENT, IMPLEMENTATION, AND

24 MAINTENANCE.—Consistent with section 12(d) of

25 the National Technology Transfer and Advancement
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1 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783),

2 the Secretary shall develop, implement, and maintain

3 a national architecture and supporting standards

4 and protocols to promote the widespread use and

5 evaluation of intelligent transportation system tech6 nology as a component of the surface transportation

7 systems of the United States.

8 (2) INTEROPERABILITY AND EFFICIENCY.—To

9 the maximum extent practicable, the national archi10 tecture shall promote interoperability among, and ef11 ficiency of, intelligent transportation system tech12 nologies implemented throughout the United States.

13 (3) USE OFSTANDARDS DEVELOPMENT ORGA14 NIZATIONS.—In carrying out this section, the Sec15 retary shall use the services of such standards devel16 opment organizations as the Secretary determines to

17 be appropriate.

18 (4) USE OFEXPERT PANEL.—

19 (A) DESIGNATION.—The Secretary shall

20 designate a panel of experts to recommend ways

21 to expedite and streamline the process for de22 veloping the standards and protocols to be de23 veloped pursuant to paragraph (1).

24 (B) NONAPPLICABILITY OFADVISORY COM25 MITTEE ACT.—The expert panel shall not be
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1 subject to the Federal Advisory Committee Act

2 (5 U.S.C. App.).

3 (C) DEADLINE FOR RECOMMENDATION.—

4 No later than September 30, 2005, the expert

5 panel shall provide the Secretary with a rec6 ommendation relating to such standards devel7 opment.

8 (b) PROVISIONAL STANDARDS.—

9 (1) IN GENERAL.—If the Secretary finds that

10 the development or balloting of an intelligent trans11 portation system standard jeopardizes the timely

12 achievement of the objectives identified in subsection

13 (a), the Secretary may establish a provisional stand14 ard, after consultation with affected parties, using,

15 to the extent practicable, the work product of appro16 priate standards development organizations.

17 (2) PERIOD OF EFFECTIVENESS.—A provisional

18 standard established under paragraph (1) shall be

19 published in the Federal Register and remain in ef20 fect until the appropriate standards development or21 ganization adopts and publishes a standard.

22 (c) CONFORMITY WITH NATIONAL ARCHITEC23 TURE.—

24 (1) IN GENERAL.—Except as provided in para25 graphs (2) and (3), the Secretary shall ensure that
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1 intelligent transportation system projects carried out

2 using funds made available from the Highway Trust

3 Fund, including funds made available under this

4 subtitle to deploy intelligent transportation system

5 technologies, conform to the national architecture,

6 applicable standards or provisional standards, and

7 protocols developed under subsection (a).

8 (2) SECRETARY’S DISCRETION.—The Secretary

9 may authorize exceptions to paragraph (1) for—

10 (A) projects designed to achieve specific re11 search objectives outlined in the national intel12 ligent transportation system program plan or

13 the surface transportation research and devel14 opment strategic plan developed under section

15 508 of title 23, United States Code; or

16 (B) the upgrade or expansion of an intel17 ligent transportation system in existence on the

18 date of enactment of this Act if the Secretary

19 determines that the upgrade or expansion—

20 (i) would not adversely affect the

21 goals or purposes of this subtitle;

22 (ii) is carried out before the end of

23 the useful life of such system; and
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1 (iii) is cost-effective as compared to

2 alternatives that would meet the con3 formity requirement of paragraph (1).

4 (3) EXCEPTIONS.—Paragraph (1) shall not

5 apply to funds used for operation or maintenance of

6 an intelligent transportation system in existence on

7 the date of enactment of this Act.

8 SEC. 5605. RESEARCH AND DEVELOPMENT.

9 (a) IN GENERAL.—The Secretary shall carry out a

10 comprehensive program of intelligent transportation sys11 tem research, development, and operational tests of intel12 ligent vehicles and intelligent infrastructure systems and

13 other similar activities that are necessary to carry out this

14 subtitle.

15 (b) PRIORITY AREAS.—Under the program, the Sec16 retary shall give higher priority to funding projects that—

17 (1) enhance mobility and productivity through

18 improved traffic management, incident management,

19 transit management, freight management, road

20 weather management, toll collection, traveler infor21 mation, or highway operations systems and remote

22 sensing products;

23 (2) utilize interdisciplinary approaches to de24 velop traffic management strategies and tools to ad25 dress multiple impacts of congestion concurrently;
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1 (3) enhance safety through improved crash

2 avoidance and protection, crash and other notifica3 tion, commercial motor vehicle operations, and infra4 structure-based or cooperative safety systems; and

5 (4) facilitate the integration of intelligent infra6 structure, vehicle, and control technologies.

7 (c) FEDERAL SHARE.—The Federal share of the cost

8 of operational tests and demonstrations under subsection

9 (a) shall not exceed 80 percent.

10 SEC. 5606. INFRASTRUCTURE DEVELOPMENT.

11 Funds made available to carry out this subtitle for

12 operational tests—

13 (1) shall be used primarily for the development

14 of intelligent transportation system infrastructure;

15 and

16 (2) to the maximum extent practicable, shall

17 not be used for the construction of physical highway

18 and public transportation infrastructure unless the

19 construction is incidental and critically necessary to

20 the implementation of an intelligent transportation

21 system project.

22 SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT

23 PROGRAM.

24 (a) ESTABLISHMENT.—The Secretary shall establish

25 a road weather research and development program to—
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1 (1) maximize use of available road weather in2 formation and technologies;

3 (2) expand road weather research and develop4 ment efforts to enhance roadway safety, capacity,

5 and efficiency while minimizing environmental im6 pacts; and

7 (3) promote technology transfer of effective

8 road weather scientific and technological advances.

9 (b) STAKEHOLDER INPUT.—In carrying out this sec10 tion, the Secretary shall consult with the National Oceanic

11 and Atmospheric Administration, the National Science

12 Foundation, the American Association of State Highway

13 and Transportation Officials, nonprofit organizations, and

14 the private sector.

15 (c) CONTENTS.— The program established under this

16 section shall solely carry out research and development

17 called for in the National Research Council’s report enti18 tled ‘‘A Research Agenda for Improving Road Weather

19 Services’’. Such research and development includes—

20 (1) integrating existing observational networks

21 and data management systems for road weather ap22 plications;

23 (2) improving weather modeling capabilities and

24 forecast tools, such as the road surface and atmos25 pheric interface;
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1 (3) enhancing mechanisms for communicating

2 road weather information to users, such as transpor3 tation officials and the public; and

4 (4) integrating road weather technologies into

5 an information infrastructure.

6 (d) ACTIVITIES.— In carrying out this section, the

7 Secretary shall—

8 (1) enable efficient technology transfer;

9 (2) improve education and training of road

10 weather information users, such as State and local

11 transportation officials and private sector transpor12 tation contractors; and

13 (3) coordinate with transportation weather re14 search programs in other modes, such as aviation.

15 (e) FUNDING.—

16 (1) IN GENERAL.—In awarding funds under

17 this section, the Secretary shall give preference to

18 applications with significant matching funds from

19 non-Federal sources.

20 (2) FUNDS FOR ROAD WEATHER RESEARCH

21 AND DEVELOPMENT.—Of the amounts made avail22 able by section 5101(a)(5), $4,000,000 shall be

23 available to carry out this section for each of fiscal

24 years 2004 through 2009.
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1 SEC. 5608. DEFINITIONS.

2 In this subtitle, the following definitions apply:

3 (1) INCIDENT.—The term ‘‘incident’’ means a

4 crash, a natural disaster, workzone activity, special

5 event, or other emergency road user occurrence that

6 adversely affects or impedes the normal flow of traf7 fic.

8 (2) INTELLIGENT TRANSPORTATION INFRA9 STRUCTURE.—The term ‘‘intelligent transportation

10 infrastructure’’ means fully integrated public sector

11 intelligent transportation system components, as de12 fined by the Secretary.

13 (3) INTELLIGENT TRANSPORTATION SYSTEM.—

14 The term ‘‘intelligent transportation system’’ means

15 electronics, communications, or information proc16 essing used singly or in combination to improve the

17 efficiency or safety of a surface transportation sys18 tem.

19 (4) NATIONAL ARCHITECTURE.—The term ‘‘na20 tional architecture’’ means the common framework

21 for interoperability that defines—

22 (A) the functions associated with intel23 ligent transportation system user services;

24 (B) the physical entities or subsystems

25 within which the functions reside;
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1 (C) the data interfaces and information

2 flows between physical subsystems; and

3 (D) the communications requirements as4 sociated with the information flows.

5 (5) PROJECT.—The term ‘‘project’’ means a

6 undertaking to research, develop, or operationally

7 test intelligent transportation systems or any other

8 undertaking eligible for assistance under this sub9 title.

10 (6) STANDARD.—The term ‘‘standard’’ means a

11 document that—

12 (A) contains technical specifications or

13 other precise criteria for intelligent transpor14 tation systems that are to be used consistently

15 as rules, guidelines, or definitions of character16 istics so as to ensure that materials, products,

17 processes, and services are fit for their pur18 poses; and

19 (B) may support the national architecture

20 and promote—

21 (i) the widespread use and adoption of

22 intelligent transportation system tech23 nology as a component of the surface

24 transportation systems of the United

25 States; and
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1 (ii) interoperability among intelligent

2 transportation system technologies imple3 mented throughout the States.

4 (7) STATE.—The term ‘‘State’’ has the mean5 ing given the term under section 101 of title 23,

6 United States Code.

7 (8) TRANSPORTATION SYSTEMS MANAGEMENT

8 AND OPERATIONS.—The term ‘‘transportation sys9 tems management and operations’’ has the meaning

10 given the term under section 101(a) of such title.

11 SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICA12 TIONS STUDY.

13 (a) STUDY.—The Secretary, in cooperation with the

14 Secretary of Commerce, State departments of transpor15 tation, and other appropriate State, regional, and local of16 ficials, shall conduct a study on feasibility of installing

17 fiber optic cabling and wireless communication infrastruc18 ture along multistate Interstate System route corridors for

19 improved communications services to rural communities

20 along such corridors.

21 (b) CONTENTS OF STUDY.—In conducting the study,

22 the Secretary shall identify—

23 (1) impediments to installation of the infra24 structure described in subsection (a) along

25 multistate Interstate System route corridors and to
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1 connecting such infrastructure to the rural commu2 nities along such corridors;

3 (2) the effective geographic range of such infra4 structure;

5 (3) potential opportunities for the private sector

6 to fund, wholly or partially, the installation of such

7 infrastructure;

8 (4) potential benefits fiber optic cabling and

9 wireless communication infrastructure may provide

10 to rural communities along such corridors, including

11 the effects of the installation of such infrastructure

12 on economic development, deployment of intelligent

13 transportation systems technologies and applica14 tions, homeland security precaution and response,

15 and education and health systems in those commu16 nities;

17 (5) rural broadband access points for such in18 frastructure;

19 (6) areas of environmental conflict with such in20 stallation;

21 (7) real estate ownership issues relating to such

22 installation;

23 (8) preliminary design for placement of fiber

24 optic cable and wireless towers;
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1 (9) monetary value of the rights-of-way nec2 essary for such installation;

3 (10) applicability and transferability of the ben4 efits of such installation to other rural corridors; and

5 (11) safety and other operational issues associ6 ated with the installation and maintenance of fiber

7 optic cabling and wire infrastructure within Inter8 state System rights-of-way and other publicly owned

9 rights-of-way.

10 (c) CORRIDOR LOCATIONS.—The study required

11 under subsection (a) shall be conducted for corridors

12 along—

13 (1) Interstate Route I–90 through rural Wis14 consin, southern Minnesota, northern Iowa, and

15 South Dakota;

16 (2) Interstate Route I–20 through Alabama,

17 Mississippi, and northern Louisiana;

18 (3) Interstate Route I–91 through Vermont,

19 New Hampshire, and Massachusetts; and

20 (4) any other rural corridor the Secretary con21 siders appropriate.

22 (d) FEDERAL SHARE.—The Federal share of the cost

23 of the study shall be 100 percent.

24 (e) REPORT TO CONGRESS.—Not later than Sep25 tember 30, 2006, the Secretary shall transmit to Congress
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1 a report on the results of the study, including any rec2 ommendations of the Secretary.

3 (f) FUNDING.—Of the amounts made available under

4 section 5101(a)(5), $1,000,000 shall be available for fiscal

5 year 2005, and $2,000,000 for fiscal year 2006, to carry

6 out this section.

7 SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EX8 CELLENCE.

9 (a) ESTABLISHMENT.—The Secretary shall establish

10 3 centers for surface transportation excellence.

11 (b) GOALS.—The goals of the centers for surface

12 transportation excellence are to promote and support stra13 tegic national surface transportation programs and activi14 ties relating to the work of State departments of transpor15 tation in the areas of environment, rural safety, and

16 project finance.

17 (c) ROLE OF CENTERS.—To achieve the goals set

18 forth in subsection (b), the Secretary shall establish the

19 3 centers as follows:

20 (1) ENVIRONMENTAL EXCELLENCE.—To pro21 vide technical assistance, information sharing of best

22 practices, and training in the use of tools and deci23 sion-making processes that can assist States in plan24 ning and delivering environmentally sound surface

25 transportation projects.
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1 (2) RURAL SAFETY.—To provide research,

2 training, and outreach on innovative uses of tech3 nology to enhance rural safety and economic devel4 opment, assess local community needs to improve ac5 cess to mobile emergency treatment, and develop on6 line and seminar training needs of rural transpor7 tation practitioners and policy-makers.

8 (3) PROJECT FINANCE.—To provide support to

9 State transportation departments in the development

10 of finance plans and project oversight tools and to

11 develop and offer training in state of the art financ12 ing methods to advance projects and leverage funds.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—

14 (1) IN GENERAL.—Of the amounts made avail15 able under section 5101(a)(1), the Secretary shall

16 make available $2,000,000 for each of fiscal years

17 2004 through 2009 to carry out this section.

18 (2) ALLOCATION OFFUNDS.—Of the funds

19 made available under paragraph (1) the Secretary

20 shall use such amounts as follows:

21 (A) 40 percent to establish the Center for

22 Environmental Excellence.

23 (B) 30 percent to establish the Center for

24 Excellence in Rural Safety.
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1 (C) 30 percent to establish the Center for

2 Excellence in Project Finance.

3 (3) APPLICABILITY OFTITLE 23.—Funds au4 thorized by this section shall be available for obliga5 tion in the same manner as if such funds were ap6 portioned under chapter 1 of title 23, United States

7 Code, except that the Federal share shall be 100

8 percent.

9 (e) PROGRAM ADMINISTRATION.—

10 (1) COMPETITION.—A party entering into a

11 contract, cooperative agreement, or other transaction

12 with the Secretary, or receiving a grant to perform

13 research or provide technical assistance under this

14 section shall be selected on a competitive basis, to

15 the maximum extent practicable.

16 (2) STRATEGIC PLAN.—The Secretary shall re17 quire each center to develop a multiyear strategic

18 plan that describes—

19 (A) the activities to be undertaken; and

20 (B) how the work of the center is coordi21 nated with the activities of the Federal High22 way Administration and the various other re23 search, development, and technology transfer

24 activities authorized by this title. Such plans
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1 shall be submitted to the Secretary by January

2 1, 2005 and each year thereafter.

3 SEC. 5611. REPEAL.

4 Subtitle C of title V of The Transportation Equity

5 Act for the 21st Century (23 U.S.C. 502 note; 112 Stat.

6 452–463) is repealed.

7 TITLE VI—TRANSPORTATION

8 PLANNING AND PROJECT DE9 LIVERY

10 SEC. 6001. TRANSPORTATION PLANNING.

11 (a) IN GENERAL.—Subtitle III of title 49, United

12 States Code, is amended by inserting after chapter 51 the

13 following:

14 ‘‘CHAPTER 52—TRANSPORTATION

15 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.
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1 ‘‘SUBCHAPTER A—GENERAL PROVISIONS

2 ‘‘§ 5201. Definitions

3 ‘‘In this chapter, the following definitions apply:

4 ‘‘(1) SECRETARY.—The term ‘Secretary’ means

5 the Secretary of Transportation.

6 ‘‘(2) STATE.—The term ‘State’ means a State

7 of the United States, the District of Columbia, and

8 Puerto Rico.

9 ‘‘SUBCHAPTER B—TRANSPORTATION

10 PLANNING AND PROJECT DELIVERY

11 ‘‘§ 5211. Policy

12 ‘‘(a) IN GENERAL.—It is in the national interest to—

13 ‘‘(1) encourage and promote the safe and effi14 cient management, operation, and development of

15 surface transportation systems that will serve the

16 mobility needs of people and freight and foster eco17 nomic growth and development within and between

18 States and urbanized areas, while minimizing trans19 portation-related fuel consumption and air pollution

20 through metropolitan and statewide transportation

21 planning processes identified in this chapter; and

22 ‘‘(2) encourage the continued improvement and

23 evolution of the metropolitan and statewide trans24 portation planning processes by metropolitan plan25 ning organizations, State departments of transpor-
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1 tation, and public transit operators as guided by the

2 planning factors identified in sections 5213(f) and

3 5214(d).

4 ‘‘(b) COMMON TRANSPORTATION PLANNING PRO5 GRAM.—This subchapter provides a common transpor6 tation planning program to be administered by the Fed7 eral Highway Administration and the Federal Transit Ad8 ministration.

9 ‘‘§ 5212. Definitions

10 ‘‘(a) APPLICABILITY BY REFERENCE.—Unless other11 wise specified in subsection (b), the definitions in section

12 101(a) of title 23 and section 5302 are applicable to this

13 subchapter.

14 ‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter,

15 the following definitions apply:

16 ‘‘(1) METROPOLITAN PLANNING AREA.—The

17 term ‘metropolitan planning area’ means the geo18 graphic area determined by agreement between the

19 metropolitan planning organization for the area and

20 the Governor under section 5213(c).

21 ‘‘(2) METROPOLITAN PLANNING ORGANIZA22 TION.—The term ‘metropolitan planning organiza23 tion’ means the policy board of an organization cre24 ated as a result of the designation process in section

25 5213(b).
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1 ‘‘(3) NONMETROPOLITAN AREA.—The term

2 ‘nonmetropolitan area’ means a geographic area out3 side designated metropolitan planning areas.

4 ‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—

5 The term ‘nonmetropolitan local official’ means

6 elected and appointed officials of general purpose

7 local government in a nonmetropolitan area with re8 sponsibility for transportation.

9 ‘‘(5) TIP.—The term ‘TIP’ means a transpor10 tation improvement program developed by a metro11 politan planning organization under section 5213.

12 ‘‘(6) URBANIZED AREA.—The term ‘urbanized

13 area’ means a geographic area with a population of

14 50,000 or more, as designated by the Bureau of the

15 Census.

16 ‘‘§ 5213. Metropolitan transportation planning

17 ‘‘(a) GENERAL REQUIREMENTS.—

18 ‘‘(1) DEVELOPMENT OFLONG-RANGE PLANS

19 AND TIPS.—To accomplish the objectives in section

20 5211, metropolitan planning organizations des21 ignated under subsection (b), in cooperation with the

22 State and public transportation operators, shall de23 velop long-range transportation plans and transpor24 tation improvement programs for metropolitan plan25 ning areas of the State.
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1 ‘‘(2) CONTENTS.—The plans and TIPs for each

2 metropolitan area shall provide for the development

3 and integrated management and operation of trans4 portation systems and facilities (including accessible

5 pedestrian walkways and bicycle transportation fa6 cilities) that will function as an intermodal transpor7 tation system for the metropolitan planning area

8 and as an integral part of an intermodal transpor9 tation system for the State and the United States.

10 ‘‘(3) PROCESS OFDEVELOPMENT.—The process

11 for developing the plans and TIPs shall provide for

12 consideration of all modes of transportation and

13 shall be continuing, cooperative, and comprehensive

14 to the degree appropriate, based on the complexity

15 of the transportation problems to be addressed.

16 ‘‘(b) DESIGNATION OF METROPOLITAN PLANNING

17 ORGANIZATIONS.—

18 ‘‘(1) IN GENERAL.—To carry out the transpor19 tation planning process required by this section, a

20 metropolitan planning organization shall be des21 ignated for each urbanized area with a population of

22 more than 50,000 individuals—

23 ‘‘(A) by agreement between the Governor

24 and units of general purpose local government

25 that together represent at least 75 percent of
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1 the affected population (including the largest

2 incorporated city (based on population) as

3 named by the Bureau of the Census); or

4 ‘‘(B) in accordance with procedures estab5 lished by applicable State or local law.

6 ‘‘(2) STRUCTURE.—Each metropolitan planning

7 organization that serves an area designated as a

8 transportation management area, when designated

9 or redesignated under this subsection, shall consist

10 of—

11 ‘‘(A) local elected officials;

12 ‘‘(B) officials of public agencies that ad13 minister or operate major modes of transpor14 tation in the metropolitan area; and

15 ‘‘(C) appropriate State officials.

16 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC17 TION.—Nothing in this subsection shall be construed

18 to interfere with the authority, under any State law

19 in effect on December 18, 1991, of a public agency

20 with multimodal transportation responsibilities to—

21 ‘‘(A) develop the plans and TIPs for adop22 tion by a metropolitan planning organization;

23 and
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•HR 3550 EH

1 ‘‘(B) develop long-range capital plans, co2 ordinate transit services and projects, and carry

3 out other activities pursuant to State law.

4 ‘‘(4) CONTINUING DESIGNATION.—A designa5 tion of a metropolitan planning organization under

6 this subsection or any other provision of law shall

7 remain in effect until the metropolitan planning or8 ganization is redesignated under paragraph (5).

9 ‘‘(5) REDESIGNATION PROCEDURES.—A metro10 politan planning organization may be redesignated

11 by agreement between the Governor and units of

12 general purpose local government that together rep13 resent at least 75 percent of the existing planning

14 area population (including the largest incorporated

15 city (based on population) as named by the Bureau

16 of the Census) as appropriate to carry out this sec17 tion.

18 ‘‘(6) DESIGNATION OFMORE THAN 1 METRO19 POLITAN PLANNING ORGANIZATION.—More than 1

20 metropolitan planning organization may be des21 ignated within an existing metropolitan planning

22 area only if the Governor and the existing metropoli23 tan planning organization determine that the size

24 and complexity of the existing metropolitan planning
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•HR 3550 EH

1 area make designation of more than 1 metropolitan

2 planning organization for the area appropriate.

3 ‘‘(c) METROPOLITAN PLANNING AREA BOUND4 ARIES.—

5 ‘‘(1) IN GENERAL.—For the purposes of this

6 section, the boundaries of a metropolitan planning

7 area shall be determined by agreement between the

8 metropolitan planning organization and the Gov9 ernor.

10 ‘‘(2) INCLUDED AREA.—Each metropolitan

11 planning area—

12 ‘‘(A) shall encompass at least the existing

13 urbanized area and the contiguous area ex14 pected to become urbanized within a 20-year

15 forecast period for the transportation plan; and

16 ‘‘(B) may encompass the entire metropoli17 tan statistical area or consolidated metropolitan

18 statistical area, as defined by the Bureau of the

19 Census.

20 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

21 AREAS WITHIN EXISTING PLANNING AREA BOUND22 ARIES.—The designation by the Bureau of the Cen23 sus of new urbanized areas within an existing metro24 politan planning area shall not require the redesig-
823

•HR 3550 EH

1 nation of the existing metropolitan planning organi2 zation.

3 ‘‘(4) EXISTING METROPOLITAN PLANNING

4 AREAS IN NONATTAINMENT.—Notwithstanding para5 graph (2), in the case of an urbanized area des6 ignated as a nonattainment area for ozone or carbon

7 monoxide under the Clean Air Act (42 U.S.C. 7401

8 et seq.) as of the date of enactment of this para9 graph, the boundaries of the metropolitan planning

10 area in existence as of such date of enactment shall

11 be retained; except that the boundaries may be ad12 justed by agreement of the Governor and affected

13 metropolitan planning organizations in the manner

14 described in subsection (b)(5).

15 ‘‘(5) NEW METROPOLITAN PLANNING AREAS IN

16 NONATTAINMENT.—In the case of an urbanized area

17 designated after the date of enactment of this para18 graph as a nonattainment area for ozone or carbon

19 monoxide, the boundaries of the metropolitan plan20 ning area—

21 ‘‘(A) shall be established in the manner de22 scribed in subsection (b)(1);

23 ‘‘(B) shall encompass the areas described

24 in paragraph (2)(A);
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1 ‘‘(C) may encompass the areas described in

2 paragraph (2)(B); and

3 ‘‘(D) may address any nonattainment area

4 identified under the Clean Air Act for ozone or

5 carbon monoxide.

6 ‘‘(d) COORDINATION IN MULTISTATE AREAS.—

7 ‘‘(1) IN GENERAL.—The Secretary shall encour8 age each Governor with responsibility for a portion

9 of a multistate metropolitan area and the appro10 priate metropolitan planning organizations to pro11 vide coordinated transportation planning for the en12 tire metropolitan area.

13 ‘‘(2) INTERSTATE COMPACTS.—The consent of

14 Congress is granted to any 2 or more States—

15 ‘‘(A) to enter into agreements or compacts,

16 not in conflict with any law of the United

17 States, for cooperative efforts and mutual as18 sistance in support of activities authorized

19 under this section as the activities pertain to

20 interstate areas and localities within the States;

21 and

22 ‘‘(B) to establish such agencies, joint or

23 otherwise, as the States may determine desir24 able for making the agreements and compacts

25 effective.
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1 ‘‘(3) LAKE TAHOE REGION.—

2 ‘‘(A) DEFINITION.—In this paragraph, the

3 term ‘Lake Tahoe region’ has the meaning

4 given the term ‘region’ in subdivision (a) of ar5 ticle II of the Tahoe Regional Planning Com6 pact, as set forth in the first section of Public

7 Law 96–551 (94 Stat. 3234).

8 ‘‘(B) TRANSPORTATION PLANNING PROC9 ESS.—The Secretary shall—

10 ‘‘(i) establish with the Federal land

11 management agencies that have jurisdic12 tion over land in the Lake Tahoe region a

13 transportation planning process for the re14 gion; and

15 ‘‘(ii) coordinate the transportation

16 planning process with the planning process

17 required of State and local governments

18 under this section and section 5214.

19 ‘‘(C) INTERSTATE COMPACT.—

20 ‘‘(i) IN GENERAL.—Subject to clause

21 (ii), notwithstanding subsection (b), to

22 carry out the transportation planning proc23 ess required by this section, the consent of

24 Congress is granted to the States of Cali25 fornia and Nevada to designate a metro-
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1 politan planning organization for the Lake

2 Tahoe region, by agreement between the

3 Governors of the States of California and

4 Nevada and units of general purpose local

5 government that together represent at

6 least 75 percent of the affected population

7 (including the central city or cities (as de8 fined by the Bureau of the Census)), or in

9 accordance with procedures established by

10 applicable State or local law.

11 ‘‘(ii) INVOLVEMENT OFFEDERAL

12 LAND MANAGEMENT AGENCIES.—

13 ‘‘(I) REPRESENTATION.—The

14 policy board of a metropolitan plan15 ning organization designated under

16 clause (i) shall include a representa17 tive of each Federal land management

18 agency that has jurisdiction over land

19 in the Lake Tahoe region.

20 ‘‘(II) FUNDING.—In addition to

21 funds made available to the metropoli22 tan planning organization under other

23 provisions of title 23 and under chap24 ter 53, not more than 1 percent of the

25 funds allocated under section 202 of
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1 title 23 may be used to carry out the

2 transportation planning process for

3 the Lake Tahoe region under this

4 subparagraph.

5 ‘‘(D) ACTIVITIES.—Highway projects in6 cluded in transportation plans developed under

7 this paragraph—

8 ‘‘(i) shall be selected for funding in a

9 manner that facilitates the participation of

10 the Federal land management agencies

11 that have jurisdiction over land in the

12 Lake Tahoe region; and

13 ‘‘(ii) may, in accordance with chapter

14 2 of title 23, be funded using funds allo15 cated under section 202 of title 23.

16 ‘‘(4) RESERVATION OFRIGHTS.—The right to

17 alter, amend or repeal interstate compacts entered

18 into under this subsection is expressly reserved.

19 ‘‘(e) MPO CONSULTATION IN PLAN AND TIP CO20 ORDINATION.—

21 ‘‘(1) NONATTAINMENT AREAS.—If more than 1

22 metropolitan planning organization has authority

23 within a metropolitan area or an area which is des24 ignated as a nonattainment area for ozone or carbon

25 monoxide under the Clean Air Act, each metropoli-
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1 tan planning organization shall consult with the

2 other metropolitan planning organizations des3 ignated for such area and the State in the coordina4 tion of plans and TIPs required by this section.

5 ‘‘(2) TRANSPORTATION IMPROVEMENTS LO6 CATED IN MULTIPLE MPOS.—If a transportation

7 improvement funded from the Highway Trust Fund

8 or authorized under chapter 53 is located within the

9 boundaries of more than 1 metropolitan planning

10 area, the metropolitan planning organizations shall

11 coordinate plans and TIPs regarding the transpor12 tation improvement.

13 ‘‘(3) RELATIONSHIP WITH OTHER PLANNING

14 OFFICIALS.—The Secretary shall encourage each

15 metropolitan planning organization to consult with

16 those officials responsible for other types of planning

17 activities that are affected by transportation in the

18 area (including State and local planned growth, eco19 nomic development, environmental protection, air20 port operations, and freight movements) or to co21 ordinate its planning process, to the maximum ex22 tent practicable, with such planning activities. Under

23 the metropolitan planning process, transportation

24 plans and TIPs shall be developed with due consid25 eration of other related planning activities within the
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•HR 3550 EH

1 metropolitan area, and the process shall provide for

2 the design and delivery of transportation services

3 within the metropolitan area that are provided by—

4 ‘‘(A) recipients of assistance under chapter

5 53;

6 ‘‘(B) governmental agencies and nonprofit

7 organizations (including representatives of the

8 agencies and organizations) that receive Federal

9 assistance from a source other than the Depart10 ment of Transportation to provide non11 emergency transportation services; and

12 ‘‘(C) recipients of assistance under section

13 204 of title 23.

14 ‘‘(f) SCOPE OF PLANNING PROCESS.—

15 ‘‘(1) IN GENERAL.—The goals and objectives

16 developed through the metropolitan planning process

17 for a metropolitan planning area under this section

18 shall address the following factors as they relate to

19 the performance of the metropolitan area transpor20 tation systems:

21 ‘‘(A) Support of the economic vitality of

22 the metropolitan area, especially by enabling

23 global competitiveness, productivity, and effi24 ciency.
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•HR 3550 EH

1 ‘‘(B) Increases in the safety and security

2 of the transportation system for motorized and

3 nonmotorized users.

4 ‘‘(C) Increases in the accessibility and mo5 bility of people and for freight.

6 ‘‘(D) Protection and enhancement of the

7 environment, promotion of energy conservation,

8 improvement of the quality of life, and pro9 motion of consistency between transportation

10 improvements and State and local planned

11 growth and economic development patterns.

12 ‘‘(E) Enhancement of the integration and

13 connectivity of the transportation system,

14 across and between modes, for people and

15 freight.

16 ‘‘(F) Promotion of efficient system man17 agement and operation.

18 ‘‘(G) Emphasis on the preservation of the

19 existing transportation system.

20 ‘‘(2) FAILURE TO CONSIDER FACTORS.—The

21 failure to consider any factor specified in paragraph

22 (1) shall not be reviewable by any court under title

23 23 or this title, subchapter II of chapter 5 of title

24 5, or chapter 7 of title 5 in any matter affecting a
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1 transportation plan, a TIP, a project or strategy, or

2 the certification of a planning process.

3 ‘‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.—

4 ‘‘(1) IN GENERAL.—Each metropolitan plan5 ning organization shall prepare, and update periodi6 cally, according to a schedule that the Secretary de7 termines to be appropriate, a transportation plan for

8 its metropolitan planning area in accordance with

9 the requirements of this subsection. The metropoli10 tan planning organization shall prepare and update

11 such plan every 4 years (or more frequently, if the

12 metropolitan planning organization elects to update

13 more frequently) in the case of each of the following:

14 ‘‘(A) any area designated as nonattain15 ment, as defined in section 107(d) of the Clean

16 Air Act (42 U.S.C. 7407(d)); and

17 ‘‘(B) any area that was nonattainment and

18 subsequently designated to attainment in ac19 cordance with section 107(d)(3) of that Act (42

20 U.S.C. 7407(d)(3)) and that is subject to a

21 maintenance plan under section 175A of that

22 Act (42 U.S.C. 7505a).

23 In the case of any other area required to have a

24 transportation plan in accordance with the require25 ments of this subsection, the metropolitan planning
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•HR 3550 EH

1 organization shall prepare and update such plan

2 every 4 years unless the metropolitan planning orga3 nization elects to update more frequently.

4 ‘‘(2) TRANSPORTATION PLAN.—A transpor5 tation plan under this section shall be in a form that

6 the Secretary determines to be appropriate and shall

7 contain, at a minimum, the following:

8 ‘‘(A) An identification of transportation fa9 cilities (including major roadways, transit,

10 multimodal and intermodal facilities, and inter11 modal connectors) that should function as an

12 integrated metropolitan transportation system,

13 giving emphasis to those facilities that serve im14 portant national and regional transportation

15 functions. In formulating the transportation

16 plan, the metropolitan planning organization

17 shall consider factors described in subsection (f)

18 as such factors relate to a 20-year forecast pe19 riod.

20 ‘‘(B) A financial plan that demonstrates

21 how the adopted transportation plan can be im22 plemented, indicates resources from public and

23 private sources that are reasonably expected to

24 be made available to carry out the plan, and

25 recommends any additional financing strategies
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•HR 3550 EH

1 for needed projects and programs. The financial

2 plan may include, for illustrative purposes, ad3 ditional projects that would be included in the

4 adopted transportation plan if reasonable addi5 tional resources beyond those identified in the

6 financial plan were available. For the purpose

7 of developing the transportation plan, the met8 ropolitan planning organization, transit oper9 ator, and State shall cooperatively develop esti10 mates of funds that will be available to support

11 plan implementation.

12 ‘‘(C) Operational and management strate13 gies to improve the performance of existing

14 transportation facilities to relieve vehicular con15 gestion and maximize the safety and mobility of

16 people and goods.

17 ‘‘(D) Capital investment and other strate18 gies to preserve the existing and projected fu19 ture metropolitan transportation infrastructure

20 and provide for multimodal capacity increases

21 based on regional priorities and needs.

22 ‘‘(E) Proposed transportation and transit

23 enhancement activities.

24 ‘‘(3) COORDINATION WITH CLEAN AIR ACT

25 AGENCIES.—In metropolitan areas which are in non-
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•HR 3550 EH

1 attainment for ozone or carbon monoxide under the

2 Clean Air Act, the metropolitan planning organiza3 tion shall coordinate the development of a transpor4 tation plan with the process for development of the

5 transportation control measures of the State imple6 mentation plan required by the Clean Air Act.

7 ‘‘(4) PARTICIPATION BY INTERESTED PAR8 TIES.—Before approving a transportation plan, each

9 metropolitan planning organization shall provide citi10 zens, affected public agencies, representatives of

11 public transportation employees, freight shippers,

12 providers of freight transportation services, private

13 providers of transportation, representatives of users

14 of public transportation, representatives of users of

15 pedestrian walkways and bicycle transportation fa16 cilities, representatives of the disabled, and other in17 terested parties with a reasonable opportunity to

18 comment on the transportation plan, in a manner

19 that the Secretary deems appropriate.

20 ‘‘(5) PUBLICATION.—A transportation plan in21 volving Federal participation shall be published or

22 otherwise made readily available by the metropolitan

23 planning organization for public review and sub24 mitted for information purposes to the Governor at
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•HR 3550 EH

1 such times and in such manner as the Secretary

2 shall establish.

3 ‘‘(6) SELECTION OFPROJECTS FROM ILLUS4 TRATIVE LIST.—Notwithstanding paragraph (2)(B),

5 a State or metropolitan planning organization shall

6 not be required to select any project from the illus7 trative list of additional projects included in the fi8 nancial plan under paragraph (2)(B).

9 ‘‘(h) METROPOLITAN TIP.—

10 ‘‘(1) DEVELOPMENT.—

11 ‘‘(A) IN GENERAL.—In cooperation with

12 the State and any affected public transportation

13 operator, the metropolitan planning organiza14 tion designated for a metropolitan area shall

15 develop a TIP for the area for which the orga16 nization is designated.

17 ‘‘(B) OPPORTUNITY FOR COMMENT.—In

18 developing the TIP, the metropolitan planning

19 organization, in cooperation with the State and

20 any affected public transportation operator,

21 shall provide citizens, affected public agencies,

22 representatives of public transportation employ23 ees, freight shippers, providers of freight trans24 portation services, private providers of transpor25 tation, representatives of users of public trans-
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1 portation, representatives of the disabled, rep2 resentatives of users of pedestrian walkways

3 and bicycle facilities, and other interested par4 ties with a reasonable opportunity to comment

5 on the proposed TIP.

6 ‘‘(C) FUNDING ESTIMATES.—For the pur7 pose of developing the TIP, the metropolitan

8 planning organization, public transportation

9 agency, and State shall cooperatively develop

10 estimates of funds that are reasonably expected

11 to be available to support program implementa12 tion.

13 ‘‘(D) UPDATING AND APPROVAL.—The

14 TIP shall be updated at least once every 4

15 years and shall be approved by the metropolitan

16 planning organization and the Governor.

17 ‘‘(2) CONTENTS.—

18 ‘‘(A) PRIORITY LIST.—The TIP shall in19 clude a priority list of proposed federally sup20 ported projects and strategies to be carried out

21 within each 4-year period after the initial adop22 tion of the TIP.

23 ‘‘(B) FINANCIAL PLAN.—The TIP shall in24 clude a financial plan that—
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•HR 3550 EH

1 ‘‘(i) demonstrates how the TIP can be

2 implemented;

3 ‘‘(ii) indicates resources from public

4 and private sources that are reasonably ex5 pected to be available to carry out the pro6 gram;

7 ‘‘(iii) identifies innovative financing

8 techniques to finance projects, programs,

9 and strategies; and

10 ‘‘(iv) may include, for illustrative pur11 poses, additional projects that would be in12 cluded in the approved TIP if reasonable

13 additional resources beyond those identi14 fied in the financial plan were available.

15 ‘‘(C) DESCRIPTIONS.—Each project in the

16 TIP shall include sufficient descriptive material

17 (such as type of work, termini, length, and

18 other similar factors) to identify the project or

19 phase of the project.

20 ‘‘(D) CONGESTION RELIEFACTIVITIES.—

21 The TIP shall include a listing of congestion re22 lief activities to be carried out to meet the re23 quirements of section 139 of title 23, cat24 egorized as either under one or under three

25 congestion relief activities.
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•HR 3550 EH

1 ‘‘(3) INCLUDED PROJECTS.—

2 ‘‘(A) PROJECTS UNDER TITLE 23 AND

3 CHAPTER 53.—A TIP developed under this sub4 section for a metropolitan area shall include the

5 projects within the area that are proposed for

6 funding under chapter 1 of title 23 and chapter

7 53.

8 ‘‘(B) PROJECTS UNDER CHAPTER 2 OF

9 TITLE 23.—All projects proposed for funding

10 under chapter 2 of title 23 shall be identified

11 individually in the TIP.

12 ‘‘(C) CONSISTENCY WITH LONG-RANGE

13 TRANSPORTATION PLAN.—Each project shall be

14 consistent with the long-range transportation

15 plan developed under subsection (g) for the

16 area.

17 ‘‘(D) REQUIREMENT OFANTICIPATED

18 FULL FUNDING.—The program shall include a

19 project, or an identified phase of a project, only

20 if full funding can reasonably be anticipated to

21 be available for the project within the time pe22 riod contemplated for completion of the project.

23 ‘‘(4) NOTICE AND COMMENT.—Before approv24 ing a TIP, a metropolitan planning organization, in

25 cooperation with the State and any affected public
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•HR 3550 EH

1 transportation operator, shall provide citizens, af2 fected public agencies, representatives of public

3 transportation employees, freight shippers, providers

4 of freight transportation services, private providers

5 of transportation, representatives of users of public

6 transportation, representatives of the disabled, rep7 resentatives of users of pedestrian walkways and bi8 cycle facilities, and other interested parties with rea9 sonable notice of and an opportunity to comment on

10 the proposed program.

11 ‘‘(5) SELECTION OFPROJECTS.—

12 ‘‘(A) IN GENERAL.—Except as otherwise

13 provided in subsection (i)(4) and in addition to

14 the TIP development required under paragraph

15 (1), the selection of federally funded projects in

16 metropolitan areas shall be carried out, from

17 the approved TIP—

18 ‘‘(i) by—

19 ‘‘(I) in the case of projects under

20 title 23, the State; and

21 ‘‘(II) in the case of projects

22 under chapter 53, the designated re23 cipients of public transportation fund24 ing; and
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1 ‘‘(ii) in cooperation with the metro2 politan planning organization.

3 ‘‘(B) MODIFICATIONS TO PROJECT PRI4 ORITY.—Notwithstanding any other provision of

5 law, action by the Secretary shall not be re6 quired to advance a project included in the ap7 proved TIP in place of another project in the

8 program.

9 ‘‘(6) SELECTION OFPROJECTS FROM ILLUS10 TRATIVE LIST.—

11 ‘‘(A) NO REQUIRED SELECTION.—Notwith12 standing paragraph (2)(B)(iv), a State or met13 ropolitan planning organization shall not be re14 quired to select any project from the illustrative

15 list of additional projects included in the finan16 cial plan under paragraph (2)(B)(iv).

17 ‘‘(B) REQUIRED ACTION BY THE SEC18 RETARY.—Action by the Secretary shall be re19 quired for a State or metropolitan planning or20 ganization to select any project from the illus21 trative list of additional projects included in the

22 financial plan under paragraph (2)(B)(iv) for

23 inclusion in an approved TIP.

24 ‘‘(7) PUBLICATION.—
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1 ‘‘(A) PUBLICATION OF TIPS.—A TIP in2 volving Federal participation shall be published

3 or otherwise made readily available by the met4 ropolitan planning organization for public re5 view.

6 ‘‘(B) PUBLICATION OFANNUAL LISTINGS

7 OFPROJECTS.—An annual listing of projects

8 for which Federal funds have been obligated in

9 the preceding year shall be published or other10 wise made available by the metropolitan plan11 ning organization for public review. The listing

12 shall be consistent with the categories identified

13 in the TIP.

14 ‘‘(i) TRANSPORTATION MANAGEMENT AREAS.—

15 ‘‘(1) IDENTIFICATION AND DESIGNATION.—

16 ‘‘(A) REQUIRED IDENTIFICATION.—The

17 Secretary shall identify as a transportation

18 management area each urbanized area (as de19 fined by the Bureau of the Census) with a pop20 ulation of over 200,000 individuals.

21 ‘‘(B) DESIGNATIONS ON REQUEST.—The

22 Secretary shall designate any additional area as

23 a transportation management area on the re24 quest of the Governor and the metropolitan

25 planning organization designated for the area.
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1 ‘‘(2) TRANSPORTATION PLANS.—In a metropoli2 tan planning area serving a transportation manage3 ment area, transportation plans shall be based on a

4 continuing and comprehensive transportation plan5 ning process carried out by the metropolitan plan6 ning organization in cooperation with the State and

7 public transportation operators.

8 ‘‘(3) CONGESTION MANAGEMENT PROCESS.—

9 Within a metropolitan planning area serving a trans10 portation management area, the transportation plan11 ning process under this section shall address conges12 tion management through a process that provides

13 for effective management and operation, based on a

14 cooperatively developed and implemented metropoli15 tan-wide strategy, of new and existing transportation

16 facilities eligible for funding under title 23 and chap17 ter 53 through the use of travel demand reduction

18 and operational management strategies and shall

19 identify a sufficient number of congestion relief ac20 tivities under section 139 of title 23 to meet the re21 quirements of such section. The Secretary shall es22 tablish an appropriate phase-in schedule for compli23 ance with the requirements of this section but no

24 sooner than one year after the identification of a

25 transportation management area.
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1 ‘‘(4) SELECTION OFPROJECTS.—

2 ‘‘(A) IN GENERAL.—All federally funded

3 projects carried out within the boundaries of a

4 metropolitan planning area serving a transpor5 tation management area under title 23 (exclud6 ing projects carried out on the National High7 way System and projects carried out under the

8 bridge program or the Interstate maintenance

9 program) or under chapter 53 shall be selected

10 for implementation from the approved TIP by

11 the metropolitan planning organization des12 ignated for the area in consultation with the

13 State and any affected public transportation op14 erator.

15 ‘‘(B) NATIONAL HIGHWAY SYSTEM

16 PROJECTS.—Projects, carried out within the

17 boundaries of a metropolitan planning area

18 serving a transportation management area, on

19 the National Highway System and projects car20 ried out within such boundaries under the

21 bridge program or the Interstate maintenance

22 program under title 23 shall be selected for im23 plementation from the approved TIP by the

24 State in cooperation with the metropolitan plan25 ning organization designated for the area.
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•HR 3550 EH

1 ‘‘(5) CERTIFICATION.—

2 ‘‘(A) IN GENERAL.—The Secretary shall—

3 ‘‘(i) ensure that the metropolitan

4 planning process of a metropolitan plan5 ning organization serving a transportation

6 management area is being carried out in

7 accordance with applicable provisions of

8 Federal law; and

9 ‘‘(ii) subject to subparagraph (B), cer10 tify, not less often than once every 4 years,

11 that the requirements of this paragraph

12 are met with respect to the metropolitan

13 planning process.

14 ‘‘(B) REQUIREMENTS FOR CERTIFI15 CATION.—The Secretary may make the certifi16 cation under subparagraph (A) if—

17 ‘‘(i) the transportation planning proc18 ess complies with the requirements of this

19 section and other applicable requirements

20 of Federal law; and

21 ‘‘(ii) there is a TIP for the metropoli22 tan planning area that has been approved

23 by the metropolitan planning organization

24 and the Governor.

25 ‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
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•HR 3550 EH

1 ‘‘(i) WITHHOLDING OFPROJECT

2 FUNDS.—If a metropolitan planning proc3 ess of a metropolitan planning organization

4 serving a transportation management area

5 is not certified, the Secretary may withhold

6 up to 20 percent of the funds attributable

7 to the metropolitan planning area of the

8 metropolitan planning organization for

9 projects funded under title 23 and chapter

10 53.

11 ‘‘(ii) RESTORATION OFWITHHELD

12 FUNDS.—The withheld funds shall be re13 stored to the metropolitan planning area at

14 such time as the metropolitan planning

15 process is certified by the Secretary.

16 ‘‘(D) REVIEW OFCERTIFICATION.—In

17 making certification determinations under this

18 paragraph, the Secretary shall provide for pub19 lic involvement appropriate to the metropolitan

20 area under review.

21 ‘‘(j) ABBREVIATED PLANS FOR CERTAIN AREAS.—

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

23 in the case of a metropolitan area not designated as

24 a transportation management area under this sec25 tion, the Secretary may provide for the development
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•HR 3550 EH

1 of an abbreviated transportation plan and TIP for

2 the metropolitan planning area that the Secretary

3 determines is appropriate to achieve the purposes of

4 this section, taking into account the complexity of

5 transportation problems in the area.

6 ‘‘(2) NONATTAINMENT AREAS.—The Secretary

7 may not permit abbreviated plans or TIPs for a

8 metropolitan area that is in nonattainment for ozone

9 or carbon monoxide under the Clean Air Act (42

10 U.S.C. 7401 et seq.).

11 ‘‘(k) ADDITIONAL REQUIREMENTS FOR CERTAIN

12 NONATTAINMENT AREAS.—

13 ‘‘(1) IN GENERAL.—Notwithstanding any other

14 provisions of title 23 or chapter 53, for transpor15 tation management areas classified as nonattain16 ment for ozone or carbon monoxide pursuant to the

17 Clean Air Act, Federal funds may not be advanced

18 in such area for any highway project that will result

19 in a significant increase in the carrying capacity for

20 single-occupant vehicles unless the project is ad21 dressed through a congestion management process.

22 ‘‘(2) APPLICABILITY.—This subsection applies

23 to a nonattainment area within the metropolitan

24 planning area boundaries determined under sub25 section (c).
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1 ‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Nothing in this section shall be construed to confer on

3 a metropolitan planning organization the authority to im4 pose legal requirements on any transportation facility,

5 provider, or project not eligible under title 23 or chapter

6 53.

7 ‘‘(m) FUNDING.—

8 ‘‘(1) SET-ASIDES.—Funds set aside under sec9 tion 104(f) of title 23 or section 5305(h) shall be

10 available to carry out this section.

11 ‘‘(2) OTHER FUNDING.—Funds made available

12 under section 5338(c) shall be available to carry out

13 this section.

14 ‘‘(n) CONTINUATION OF CURRENT REVIEW PRAC15 TICE.—Since plans and TIPs described in this section are

16 subject to a reasonable opportunity for public comment,

17 individual projects included in plans and TIPs are subject

18 to review under the National Environmental Policy Act of

19 1969 (42 U.S.C. 4321 et seq.), and decisions by the Sec20 retary concerning plans and TIPs described in this section

21 have not been reviewed under such Act as of January 1,

22 1997, any decision by the Secretary concerning a plan or

23 TIP described in this section shall not be considered to

24 be a Federal action subject to review under such Act.
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1 ‘‘§ 5214. Statewide transportation planning

2 ‘‘(a) GENERAL REQUIREMENTS.—

3 ‘‘(1) DEVELOPMENT OFPLANS AND PRO4 GRAMS.—To accomplish the objectives stated in sec5 tion 5211, each State shall develop a statewide

6 transportation plan and a statewide transportation

7 improvement program for all areas of the State sub8 ject to section 5213. Such program shall cover a pe9 riod of 4 years and be updated every 4 years or

10 more frequently if the Governor elects to update

11 more frequently.

12 ‘‘(2) CONTENTS.—The statewide transportation

13 plan and the transportation improvement program

14 developed for each State shall provide for the devel15 opment and integrated management and operation

16 of transportation systems and facilities (including

17 accessible pedestrian walkways and bicycle transpor18 tation facilities) that will function as an intermodal

19 transportation system for the State and an integral

20 part of an intermodal transportation system for the

21 United States.

22 ‘‘(3) PROCESS OFDEVELOPMENT.—The process

23 for developing the statewide plan and the transpor24 tation improvement program shall provide for con25 sideration of all modes of transportation and the

26 policies stated in section 5211, and shall be con-
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1 tinuing, cooperative, and comprehensive to the de2 gree appropriate, based on the complexity of the

3 transportation problems to be addressed.

4 ‘‘(b) COORDINATION WITH METROPOLITAN PLAN5 NING; STATE IMPLEMENTATION PLAN.—A State shall—

6 ‘‘(1) coordinate planning carried out under this

7 section with the transportation planning activities

8 carried out under section 5213 for metropolitan

9 areas of the State and with statewide trade and eco10 nomic development planning activities and related

11 multistate planning efforts; and

12 ‘‘(2) develop the transportation portion of the

13 State implementation plan as required by the Clean

14 Air Act (42 U.S.C. 7401 et seq.).

15 ‘‘(c) INTERSTATE AGREEMENTS.—

16 ‘‘(1) IN GENERAL.—The consent of Congress is

17 granted to 2 or more States entering into agree18 ments or compacts, not in conflict with any law of

19 the United States, for cooperative efforts and mu20 tual assistance in support of activities authorized

21 under this section related to interstate areas and lo22 calities in the States and establishing authorities the

23 States consider desirable for making the agreements

24 and compacts effective.
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1 ‘‘(2) RESERVATION OFRIGHTS.—The right to

2 alter, amend or repeal interstate compacts entered

3 into under this subsection is expressly reserved.

4 ‘‘(d) SCOPE OF PLANNING PROCESS.—

5 ‘‘(1) IN GENERAL.—Each State shall carry out

6 a statewide transportation planning process that

7 provides for consideration and implementation of

8 projects, strategies, and services that will—

9 ‘‘(A) support the economic vitality of the

10 United States, the States, nonmetropolitan

11 areas, and metropolitan areas, especially by en12 abling global competitiveness, productivity, and

13 efficiency;

14 ‘‘(B) increase the safety and security of

15 the transportation system for motorized and

16 nonmotorized users;

17 ‘‘(C) increase the accessibility and mobility

18 of people and freight;

19 ‘‘(D) protect and enhance the environment,

20 promote energy conservation, improve the qual21 ity of life, and promote consistency between

22 transportation improvements and State and

23 local planned growth and economic development

24 patterns;
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1 ‘‘(E) enhance the integration and

2 connectivity of the transportation system,

3 across and between modes throughout the

4 State, for people and freight;

5 ‘‘(F) promote efficient system management

6 and operation; and

7 ‘‘(G) emphasize the preservation of the ex8 isting transportation system.

9 ‘‘(2) FAILURE TO CONSIDER FACTORS.—The

10 failure to consider any factor specified in paragraph

11 (1) shall not be reviewable by any court under title

12 23 or this title, subchapter II of chapter 5 of title

13 5, or chapter 7 of title 5 in any matter affecting a

14 statewide transportation plan, the transportation im15 provement program, a project or strategy, or the

16 certification of a planning process.

17 ‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out

18 planning under this section, each State shall consider, at

19 a minimum—

20 ‘‘(1) with respect to nonmetropolitan areas, the

21 concerns of affected local officials with responsibility

22 for transportation;

23 ‘‘(2) the concerns of Indian tribal governments

24 and Federal land management agencies that have
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1 jurisdiction over land within the boundaries of the

2 State; and

3 ‘‘(3) coordination of transportation plans, the

4 transportation improvement program, and planning

5 activities with related planning activities being car6 ried out outside of metropolitan planning areas and

7 between States.

8 ‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION

9 PLAN.—

10 ‘‘(1) DEVELOPMENT.—Each State shall develop

11 a long-range statewide transportation plan, with a

12 minimum 20-year forecast period for all areas of the

13 State, that provides for the development and imple14 mentation of the intermodal transportation system

15 of the State.

16 ‘‘(2) CONSULTATION WITH GOVERNMENTS.—

17 ‘‘(A) METROPOLITAN AREAS.—The state18 wide transportation plan shall be developed for

19 each metropolitan area in the State in coopera20 tion with the metropolitan planning organiza21 tion designated for the metropolitan area under

22 section 5213.

23 ‘‘(B) NONMETROPOLITAN AREAS.—With

24 respect to nonmetropolitan areas, the statewide

25 transportation plan shall be developed in con-
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1 sultation with affected nonmetropolitan officials

2 with responsibility for transportation. The Sec3 retary shall not review or approve the consulta4 tion process in each State.

5 ‘‘(C) INDIAN TRIBAL AREAS.—With respect

6 to each area of the State under the jurisdiction

7 of an Indian tribal government, the statewide

8 transportation plan shall be developed in con9 sultation with the tribal government and the

10 Secretary of the Interior.

11 ‘‘(3) PARTICIPATION BY INTERESTED PAR12 TIES.—In developing the statewide transportation

13 plan, the State shall—

14 ‘‘(A) provide citizens, affected public agen15 cies, representatives of public transportation

16 employees, freight shippers, private providers of

17 transportation, representatives of users of pub18 lic transportation, representatives of users of

19 pedestrian walkways and bicycle transportation

20 facilities, representatives of the disabled, pro21 viders of freight transportation services, and

22 other interested parties with a reasonable op23 portunity to comment on the proposed plan;

24 and
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1 ‘‘(B) identify transportation strategies nec2 essary to efficiently serve the mobility needs of

3 people.

4 ‘‘(4) FINANCIAL PLAN.—The statewide trans5 portation plan may include a financial plan that

6 demonstrates how the adopted statewide transpor7 tation plan can be implemented, indicates resources

8 from public and private sources that are reasonably

9 expected to be made available to carry out the plan,

10 and recommends any additional financing strategies

11 for needed projects and programs. The financial

12 plan may include, for illustrative purposes, addi13 tional projects that would be included in the adopted

14 statewide transportation plan if reasonable addi15 tional resources beyond those identified in the finan16 cial plan were available.

17 ‘‘(5) SELECTION OFPROJECTS FROM ILLUS18 TRATIVE LIST.—A State shall not be required to se19 lect any project from the illustrative list of addi20 tional projects included in the financial plan de21 scribed in paragraph (4).

22 ‘‘(6) EXISTING SYSTEM.—The statewide trans23 portation plan should include capital, operations and

24 management strategies, investments, procedures,

25 and other measures to ensure the preservation and
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1 most efficient use of the existing transportation sys2 tem.

3 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

4 PROGRAM.—

5 ‘‘(1) DEVELOPMENT.—Each State shall develop

6 a statewide transportation improvement program for

7 all areas of the State.

8 ‘‘(2) CONSULTATION WITH GOVERNMENTS.—

9 ‘‘(A) METROPOLITAN AREAS.—With re10 spect to each metropolitan area in the State,

11 the program shall be developed in cooperation

12 with the metropolitan planning organization

13 designated for the metropolitan area under sec14 tion 5213.

15 ‘‘(B) NONMETROPOLITAN AREAS.—With

16 respect to each nonmetropolitan area in the

17 State, the program shall be developed in con18 sultation with affected nonmetropolitan local of19 ficials with responsibility for transportation.

20 The Secretary shall not review or approve the

21 specific consultation process in the State.

22 ‘‘(C) INDIAN TRIBAL AREAS.—With respect

23 to each area of the State under the jurisdiction

24 of an Indian tribal government, the program
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1 shall be developed in consultation with the trib2 al government and the Secretary of the Interior.

3 ‘‘(3) PARTICIPATION BY INTERESTED PAR4 TIES.—In developing the program, the State shall

5 provide citizens, affected public agencies, representa6 tives of public transportation employees, freight

7 shippers, private providers of transportation, pro8 viders of freight transportation services, representa9 tives of users of public transportation, representa10 tives of users of pedestrian walkways and bicycle

11 transportation facilities, representatives of the dis12 abled, and other interested parties with a reasonable

13 opportunity to comment on the proposed program.

14 ‘‘(4) INCLUDED PROJECTS.—

15 ‘‘(A) IN GENERAL.—A transportation im16 provement program developed under this sub17 section for a State shall include federally sup18 ported surface transportation expenditures

19 within the boundaries of the State.

20 ‘‘(B) PROJECTS UNDER CHAPTER 2 OF

21 TITLE 23.—All projects proposed for funding

22 under chapter 2 of title 23 shall be identified

23 individually in the transportation improvement

24 program.
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1 ‘‘(C) CONSISTENCY WITH STATEWIDE

2 TRANSPORTATION PLAN.—Each project shall

3 be—

4 ‘‘(i) consistent with the statewide

5 transportation plan developed under this

6 section for the State;

7 ‘‘(ii) identical to the project or phase

8 of the project as described in an approved

9 metropolitan transportation plan; and

10 ‘‘(iii) in conformance with the applica11 ble State air quality implementation plan

12 developed under the Clean Air Act (42

13 U.S.C. 7401 et seq.), if the project is car14 ried out in an area designated as non15 attainment for ozone or carbon monoxide

16 under that Act.

17 ‘‘(D) REQUIREMENT OFANTICIPATED

18 FULL FUNDING.—The transportation improve19 ment program shall include a project, or an

20 identified phase of a project, only if full funding

21 can reasonably be anticipated to be available for

22 the project within the time period contemplated

23 for completion of the project.

24 ‘‘(E) FINANCIAL PLAN.—The transpor25 tation improvement program may include a fi-
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1 nancial plan that demonstrates how the ap2 proved transportation improvement program

3 can be implemented, indicates resources from

4 public and private sources that are reasonably

5 expected to be made available to carry out the

6 transportation improvement program, and rec7 ommends any additional financing strategies for

8 needed projects and programs. The financial

9 plan may include, for illustrative purposes, ad10 ditional projects that would be included in the

11 adopted transportation plan if reasonable addi12 tional resources beyond those identified in the

13 financial plan were available.

14 ‘‘(F) SELECTION OFPROJECTS FROM IL15 LUSTRATIVE LIST.—

16 ‘‘(i) NO REQUIRED SELECTION.—Not17 withstanding subparagraph (E), a State

18 shall not be required to select any project

19 from the illustrative list of additional

20 projects included in the financial plan

21 under subparagraph (E).

22 ‘‘(ii) REQUIRED ACTION BY THE SEC23 RETARY.—Action by the Secretary shall be

24 required for a State to select any project

25 from the illustrative list of additional
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1 projects included in the financial plan

2 under subparagraph (E) for inclusion in an

3 approved transportation improvement pro4 gram.

5 ‘‘(G) PRIORITIES.—The transportation im6 provement program shall reflect the priorities

7 for programming and expenditures of funds, in8 cluding transportation enhancement activities,

9 required by title 23 and chapter 53.

10 ‘‘(H) PRIORITIZATION OFCONGESTION RE11 LIEFACTIVITIES.—The transportation improve12 ment program shall reflect the priorities for

13 congestion relief activities included in the met14 ropolitan transportation plan to meet the re15 quirements of section 139 of title 23.

16 ‘‘(5) PROJECT SELECTION FOR AREAS OF LESS

17 THAN 50,000 POPULATION.—Projects carried out in

18 areas with populations of less than 50,000 individ19 uals shall be selected, from the approved transpor20 tation improvement program (excluding projects car21 ried out on the National Highway System and

22 projects carried out under the bridge program or the

23 Interstate maintenance program under title 23 or

24 sections 5310, 5311, 5316, and 5317), by the State

25 in cooperation with the affected nonmetropolitan
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1 local officials with responsibility for transportation.

2 Projects carried out in areas with populations of less

3 than 50,000 individuals on the National Highway

4 System or under the bridge program or the Inter5 state maintenance program under title 23 or under

6 sections 5310, 5311, 5316, and 5317 shall be se7 lected, from the approved statewide transportation

8 improvement program, by the State in consultation

9 with the affected nonmetropolitan local officials with

10 responsibility for transportation.

11 ‘‘(6) TRANSPORTATION IMPROVEMENT PRO12 GRAM APPROVAL.—Every 4 years, a transportation

13 improvement program developed under this sub14 section shall be reviewed and approved by the Sec15 retary if based on a current planning finding.

16 ‘‘(7) PLANNING FINDING.—A finding shall be

17 made by the Secretary at least every 4 years that

18 the transportation planning process through which

19 statewide transportation plans and programs are de20 veloped is consistent with this section and section

21 5213.

22 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.—

23 Notwithstanding any other provision of law, action

24 by the Secretary shall not be required to advance a

25 project included in the approved transportation im-
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1 provement program in place of another project in

2 the program.

3 ‘‘(h) FUNDING.—

4 ‘‘(1) SET-ASIDE.—Funds set aside pursuant to

5 section 104(i) of title 23 shall be available to carry

6 out this section.

7 ‘‘(2) OTHER FUNDING.—Funds made available

8 under section 5338(c) shall be available to carry out

9 this section.

10 ‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON11 GESTION MANAGEMENT PROCESSES.—For purposes of

12 this section and section 5213, State laws, rules, or regula13 tions pertaining to congestion management systems or

14 programs may constitute the congestion management

15 process under section 5213(i)(3) if the Secretary finds

16 that the State laws, rules, or regulations are consistent

17 with, and fulfill the intent of, the purposes of section

18 5213, as appropriate.

19 ‘‘(j) CONTINUATION OF CURRENT REVIEW PRAC20 TICE.—Since the statewide transportation plan and the

21 transportation improvement program described in this sec22 tion are subject to a reasonable opportunity for public

23 comment, since individual projects included in the state24 wide transportation plans and the transportation improve25 ment program are subject to review under the National
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1 Environmental Policy Act of 1969 (42 U.S.C. 4321 et

2 seq.), and since decisions by the Secretary concerning

3 statewide transportation plans or the transportation im4 provement program described in this section have not been

5 reviewed under such Act as of January 1, 1997, any deci6 sion by the Secretary concerning a metropolitan or state7 wide transportation plan or the transportation improve8 ment program described in this section shall not be consid9 ered to be a Federal action subject to review under such

10 Act.’’.

11 (b) CONFORMING AMENDMENT.—The analysis for

12 such subtitle is amended by inserting the following after

13 the item relating to chapter 51:

‘‘52. TRANSPORTATION PLANNING AND PROJECT

DELIVERY.

5201’’.

14 (c) REGULATIONS.—Not later than 18 months after

15 the date of enactment of this Act, the Secretary shall pro16 mulgate regulations that are consistent with the amend17 ments made by this section relating to the Clean Air Act.

18 SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR

19 PROJECT DECISIONMAKING.

20 (a) POLICY AND PURPOSE.—

21 (1) POLICY.—The Enlibra principles, as ini22 tially developed by the Western Governors Associa23 tion and adopted by the National Governors Associa24 tion, represent a sound basis for interaction among
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1 the Federal, State, local governments, and Indian

2 tribes on environmental matters and should be fol3 lowed in the development of highway construction

4 and public transit improvements. These principles

5 are as follows:

6 (A) Assign responsibilities at the right

7 level.

8 (B) Use collaborative processes to break

9 down barriers and find solutions.

10 (C) Move to a performance-based system.

11 (D) Separate subjective choices from objec12 tive data gathering.

13 (E) Pursue economic incentives whenever

14 appropriate.

15 (F) Ensure environmental understanding.

16 (G) Make sure environmental decisions are

17 fully informed.

18 (H) Use appropriate geographic bound19 aries for environmental problems.

20 (2) PURPOSE.—The purpose of this section is

21 to reduce delays in the delivery of highway construc22 tion and public transportation capital projects aris23 ing from the environmental review process, while

24 continuing to ensure the protection of the human

25 and natural environment.
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1 (b) PROJECT DEVELOPMENT PROCEDURES.—Chap2 ter 52 of title 49, United States Code, as added by section

3 6001 of this Act, is amended by adding at the end the

4 following:

5 ‘‘SUBCHAPTER C—EFFICIENT ENVIRON6 MENTAL REVIEWS FOR PROJECT DECISION7 MAKING

8 ‘‘§ 5251. Definitions and applicability

9 ‘‘(a) DEFINITIONS.—In this section, the following

10 definitions apply:

11 ‘‘(1) AGENCY.—The term ‘agency’ means any

12 agency, department, or other unit of Federal, State,

13 local, or Indian tribal government.

14 ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—

15 The term ‘environmental impact statement’ means

16 the detailed statement of environmental impacts re17 quired to be prepared under the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

19 ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—

20 ‘‘(A) IN GENERAL.—The term ‘environ21 mental review process’ means the process for

22 preparing for a project an environmental impact

23 statement, environmental assessment, categor24 ical exclusion, or other document prepared
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1 under the National Environmental Policy Act of

2 1969 (42 U.S.C. 4321 et seq.).

3 ‘‘(B) INCLUSIONS.—The term includes the

4 process for and completion of any environ5 mental permit, approval, review, or study re6 quired for a project under any Federal law

7 other than the National Environmental Policy

8 Act of 1969 (42 U.S.C. 4321 et seq.).

9 ‘‘(4) LEAD AGENCY.—The term ‘lead agency’

10 means the Department of Transportation and, if ap11 plicable, any State or local governmental entity serv12 ing as a joint lead agency pursuant to this section.

13 ‘‘(5) MULTIMODAL PROJECT.—The term

14 ‘multimodal project’ means a project funded, in

15 whole or in part, under title 23 or chapter 53 and

16 involving the participation of more than one Depart17 ment of Transportation administration or agency.

18 ‘‘(6) PROJECT.—The term ‘project’ means any

19 highway project, public transportation capital

20 project, or multimodal project that requires the ap21 proval of the Secretary.

22 ‘‘(7) PROJECT SPONSOR.—The term ‘project

23 sponsor’ means the agency or other entity, including

24 any private or public-private entity, that seeks ap25 proval of the Secretary for a project.
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1 ‘‘(8) STATE TRANSPORTATION DEPARTMENT.—

2 The term ‘State transportation department’ means

3 any statewide agency of a State with responsibility

4 for one or more modes of transportation.

5 ‘‘(b) APPLICABILITY.—This subchapter is applicable

6 to all projects for which an environmental impact state7 ment is prepared under the National Environmental Pol8 icy Act of 1969 (42 U.S.C. 4321 et seq.). This subchapter

9 may be applied, to the extent determined appropriate by

10 the Secretary, to other projects for which an environ11 mental document is prepared pursuant to such Act. Any

12 authorities granted in this subchapter may be exercised

13 for a project, class of projects, or program of projects.

14 ‘‘§ 5252. Project development procedures

15 ‘‘(a) LEAD AGENCIES.—

16 ‘‘(1) FEDERAL LEAD AGENCY.—The Depart17 ment of Transportation shall be the Federal lead

18 agency in the environmental review process for a

19 project.

20 ‘‘(2) PROJECT SPONSOR AS JOINT LEAD AGEN21 CY.—Any project sponsor that is a State or local

22 governmental entity receiving funds under title 23 or

23 chapter 53 for the project shall serve as a joint lead

24 agency with the Department for purposes of pre25 paring any environmental document under the Na-
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1 tional Environmental Policy Act of 1969 (42 U.S.C.

2 4321 et seq.) and may prepare any such environ3 mental document required in support of any action

4 or approval by the Secretary if the Federal lead

5 agency furnishes guidance in such preparation and

6 independently evaluates such document and the doc7 ument is approved and adopted by the Secretary

8 prior to the Secretary taking any subsequent action

9 or making any approval based on such document,

10 whether or not the Secretary’s action or approval re11 sults in Federal funding.

12 ‘‘(3) ENSURING COMPLIANCE.—The Secretary

13 shall ensure that the project sponsor complies with

14 all design and mitigation commitments made jointly

15 by the Secretary and the project sponsor in any en16 vironmental document prepared by the project spon17 sor in accordance with this subsection and that such

18 document is appropriately supplemented if project

19 changes become necessary.

20 ‘‘(4) ADOPTION AND USE OFDOCUMENTS.—

21 Any environmental document prepared in accordance

22 with this subsection may be adopted or used by any

23 Federal agency making any approval to the same ex24 tent that such Federal agency could adopt or use a

25 document prepared by another Federal agency.
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1 ‘‘(b) PARTICIPATING AGENCIES.—

2 ‘‘(1) IN GENERAL.—The lead agency shall be

3 responsible for inviting and designating participating

4 agencies in accordance with this subsection.

5 ‘‘(2) INVITATION.—The lead agency shall iden6 tify, as early as practicable in the environmental re7 view process for a project, any other Federal and

8 non-Federal agencies that may have an interest in

9 the project, and shall invite such agencies to become

10 participating agencies in the environmental review

11 process for the project. The invitation shall set a

12 deadline for responses to be submitted. The deadline

13 may be extended by the lead agency for good cause.

14 ‘‘(3) FEDERAL PARTICIPATING AGENCIES.—Any

15 Federal agency that is invited by the lead agency to

16 participate in the environmental review process for a

17 project shall be designated as a participating agency

18 by the lead agency unless the invited agency informs

19 the lead agency, in writing, by the deadline specified

20 in the invitation that the invited agency—

21 ‘‘(A) has no jurisdiction or authority with

22 respect to the project;

23 ‘‘(B) has no expertise or information rel24 evant to the project; and
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1 ‘‘(C) does not intend to submit comments

2 on the project.

3 ‘‘(4) EFFECT OF DESIGNATION.—Designation

4 as a participating agency under this subsection shall

5 not imply that the participating agency—

6 ‘‘(A) supports a proposed project; or

7 ‘‘(B) has any jurisdiction over, or special

8 expertise with respect to evaluation of, the

9 project.

10 ‘‘(5) COOPERATING AGENCY.—A participating

11 agency may also be designated by a lead agency as

12 a ‘cooperating agency’ under the regulations con13 tained in part 1500 of title 40, Code of Federal Reg14 ulations.

15 ‘‘(6) DESIGNATIONS FOR CATEGORIES OF

16 PROJECTS.—The Secretary may exercise the authori17 ties granted under this subsection for a project,

18 class of projects, or program of projects.

19 ‘‘(c) PROJECT INITIATION.—

20 ‘‘(1) IN GENERAL.—The project sponsor shall

21 initiate the environmental review process for a

22 project by submitting an initiation notice to the Sec23 retary.

24 ‘‘(2) CONTENTS OFNOTICE.—The initiation no25 tice shall include, at a minimum, a brief description
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1 of the type of work, termini, length, and general lo2 cation of the proposed project, together with a state3 ment of any Federal approvals anticipated to be

4 needed for the project.

5 ‘‘(d) PURPOSE AND NEED.—

6 ‘‘(1) PARTICIPATION.—As early as practicable

7 during the environmental review process, the lead

8 agency shall provide an opportunity for involvement

9 by participating agencies and the public in defining

10 the purpose and need for a project.

11 ‘‘(2) DEFINITION.—Following participation

12 under paragraph (1), the lead agency shall define

13 the project’s purpose and need for purposes of any

14 document which the lead agency is responsible for

15 preparing for the project.

16 ‘‘(3) OBJECTIVES.—The statement of purpose

17 and need shall include a clear statement of the ob18 jectives that the proposed action is intended to

19 achieve, which may include—

20 ‘‘(A) achieving a transportation objective

21 identified in an applicable statewide or metro22 politan transportation plan;

23 ‘‘(B) supporting land use, economic devel24 opment, or growth objectives established in ap-
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1 plicable Federal, State, local, or tribal plans;

2 and

3 ‘‘(C) serving national defense, national se4 curity, or other national objectives, as estab5 lished in Federal laws, plans, or policies.

6 ‘‘(e) ALTERNATIVES ANALYSIS.—

7 ‘‘(1) PARTICIPATION.—As early as practicable

8 during the environmental review process, the lead

9 agency shall provide an opportunity for involvement

10 by participating agencies and the public in deter11 mining the range of alternatives to be considered for

12 a project.

13 ‘‘(2) RANGE OFALTERNATIVES.—Following

14 participation under paragraph (1), the lead agency

15 shall determine the range of alternatives for consid16 eration in any document which the lead agency is re17 sponsible for preparing for the project.

18 ‘‘(3) METHODOLOGIES.—The lead agency also

19 shall determine, in collaboration with participating

20 agencies at appropriate times during the study proc21 ess, the methodologies to be used and the level of de22 tail required in the analysis of each alternative for

23 a project.

24 ‘‘(4) PREFERRED ALTERNATIVE.—At the dis25 cretion of the lead agency, the preferred alternative
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1 for a project, after being identified, may be devel2 oped to a higher level of detail than other alter3 natives in order to facilitate the development of miti4 gation measures or concurrent compliance with other

5 applicable laws if the lead agency determines that

6 the development of such higher level of detail will

7 not prevent the lead agency from making an impar8 tial decision as to whether to accept another alter9 native which is being considered in the environ10 mental review process.

11 ‘‘(f) COMMENT DEADLINES.—The lead agency shall

12 establish the following deadlines for comment during the

13 environmental review process for a project:

14 ‘‘(1) For comments by agencies and the public

15 on a draft environmental impact statement, a period

16 of no more than 60 days from the date of public

17 availability of such document, unless—

18 ‘‘(A) a different deadline is established by

19 agreement of the lead agency, the project spon20 sor, and all participating agencies; or

21 ‘‘(B) the deadline is extended by the lead

22 agency for good cause.

23 ‘‘(2) For all other comment periods established

24 by the lead agency for agency or public comments in

25 the environmental review process, a period of no
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1 more than 30 days from availability of the materials

2 on which comment is requested, unless—

3 ‘‘(A) a different deadline is established by

4 agreement of the lead agency, the project spon5 sor, and all participating agencies; or

6 ‘‘(B) the deadline is extended by the lead

7 agency for good cause.

8 ‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.—

9 ‘‘(1) COOPERATION.—The lead agency and the

10 participating agencies shall work cooperatively in ac11 cordance with this section to identify and resolve

12 issues that could delay completion of the environ13 mental review process or could result in denial of

14 any approvals required for the project under applica15 ble laws.

16 ‘‘(2) LEAD AGENCY RESPONSIBILITIES.—The

17 lead agency shall make information available to the

18 participating agencies as early as practicable in the

19 environmental review process regarding the environ20 mental and socioeconomic resources located within

21 the project area and the general locations of the al22 ternatives under consideration. Such information

23 may be based on existing data sources, including ge24 ographic information systems mapping.
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1 ‘‘(3) PARTICIPATING AGENCY RESPONSIBIL2 ITIES.—Based on information received from the lead

3 agency, participating agencies shall identify, as early

4 as practicable, any issues of concern regarding the

5 project’s potential environmental or socioeconomic

6 impacts. In this paragraph, issues of concern include

7 any issues that could substantially delay or prevent

8 an agency from granting a permit or other approval

9 that is needed for the project.

10 ‘‘(4) ISSUE RESOLUTION.—Whenever issues of

11 concern are identified or at any time upon request

12 of a project sponsor, the lead agency shall promptly

13 convene a meeting with the relevant participating

14 agencies. If a resolution cannot be achieved within

15 30 days following such a meeting and a determina16 tion by the lead agency that all information nec17 essary to resolve the issue has been obtained, the

18 lead agency shall notify the heads of all Federal

19 agencies involved in the meeting and the Committee

20 on Environment and Public Works of the Senate

21 and the Committee on Transportation and Infra22 structure of the House of Representatives and shall

23 publish such notification in the Federal Register.

24 ‘‘(h) PARTICIPATION OF STATE AGENCIES.—For any

25 project eligible for assistance under title 23 or chapter 53,
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1 a State may require, under procedures established by

2 State law, that all State agencies that have jurisdiction

3 by State or Federal law over environmental-related issues

4 that may be affected by the project, or that are required

5 to issue any environmental-related reviews, analyses, opin6 ions, or determinations on issuing any permits, licenses,

7 or approvals for the project, be subject to the coordinated

8 environmental review process established under this sec9 tion unless the Secretary determines that a State agency’s

10 participation would not be in the public interest. A State

11 participating in the review process must require all State

12 agencies with jurisdiction to be subject to and comply with

13 the review process to the same extent as a Federal agency.

14 ‘‘(i) ASSISTANCE TO AFFECTED STATE AND FED15 ERAL AGENCIES.—

16 ‘‘(1) IN GENERAL.—For a project that is sub17 ject to the environmental review process established

18 under this section and for which funds are made

19 available to a State under title 23 or chapter 53, the

20 Secretary may approve a request by the State to

21 provide funds so made available to affected Federal

22 agencies (including the Department of Transpor23 tation), State agencies, and Indian tribes partici24 pating in the environmental review process for the

25 project. Such funds may be provided only to support
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1 activities that directly and meaningfully contribute

2 to expediting and improving transportation project

3 planning and delivery. Such activities may include

4 dedicated staffing, training of agency personnel, in5 formation gathering and mapping, and development

6 of programmatic agreements. The Secretary may

7 also use funds made available under section 204 of

8 title 23 for a project for the purposes specified in

9 this subsection with respect to the environmental re10 view process for the project.

11 ‘‘(2) AMOUNTS.—Requests under paragraph (1)

12 may be approved only for the additional amounts

13 that the Secretary determines are necessary for the

14 Federal agencies, State agencies, or Indian tribes

15 participating in the environmental review process to

16 meet the time limits for environmental review.

17 ‘‘(3) CONDITION.—A request under paragraph

18 (1) to expedite time limits for environmental review

19 may be approved only if such time limits are less

20 than the customary time necessary for such review.

21 ‘‘(j) JUDICIAL REVIEW AND SAVINGS CLAUSE.—

22 ‘‘(1) JUDICIAL REVIEW.—Except as set forth

23 under subsection (k), nothing in this section shall af24 fect the reviewability of any final Federal agency ac25 tion in a court of the United States.
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1 ‘‘(2) SAVINGS CLAUSE.—Nothing in this section

2 shall be construed as superseding, amending, or

3 modifying the National Environmental Policy Act of

4 1969 (42 U.S.C. 4321 et seq.) or any other Federal

5 environmental statute or affect the responsibility of

6 any Federal officer to comply with or enforce any

7 such statute.

8 ‘‘(3) LIMITATIONS.—Nothing in this section

9 shall preempt or interfere with—

10 ‘‘(A) any practice of seeking, considering,

11 or responding to public comment; or

12 ‘‘(B) any power, jurisdiction, responsibility,

13 or authority that a Federal, State, or local gov14 ernment agency, metropolitan planning organi15 zation, Indian tribe, or project sponsor has with

16 respect to carrying out a project or any other

17 provisions of law applicable to projects, plans,

18 or programs.

19 ‘‘(k) LIMITATIONS ON CLAIMS.—

20 ‘‘(1) IN GENERAL.—Notwithstanding any other

21 provision of law, a claim arising under Federal law

22 seeking judicial review of a permit, license, or ap23 proval issued by a Federal agency for a highway or

24 public transportation capital project shall be barred

25 unless it is filed within 90 days after the permit, li-
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1 cense, or approval is final pursuant to the law under

2 which the agency action is taken, unless a shorter

3 time is specified in the Federal law pursuant to

4 which judicial review is allowed. Nothing in this sub5 section shall create a right to judicial review or place

6 any limit on filing a claim that a person has violated

7 the terms of a permit, license, or approval.

8 ‘‘(2) NEW INFORMATION.—The Secretary shall

9 consider new information received after the close of

10 a comment period if the information satisfies the re11 quirements for a supplemental environmental impact

12 statement under section 771.130 of title 23, Code of

13 Federal Regulations. The preparation of a supple14 mental environmental impact statement when re15 quired shall be considered a separate final agency

16 action and the deadline for filing a claim for judicial

17 review of such action shall be 90 days after the date

18 of such action.’’.

19 (c) EXISTING ENVIRONMENTAL REVIEW PROC20 ESSES.—Nothing in this section shall be deemed to affect

21 any existing environmental review process approved by the

22 Secretary.

23 SEC. 6003. POLICY ON HISTORIC SITES.

24 (a) TITLE 49.—Section 303 of title 49, United States

25 Code, is amended by adding at the end the following:
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1 ‘‘(d) SPECIAL RULES FOR HISTORIC SITES.—

2 ‘‘(1) IN GENERAL.—The requirements of this

3 section are deemed to be satisfied in any case in

4 which the treatment of a historic site has been

5 agreed upon in accordance with section 106 of the

6 National Historic Preservation Act (16 U.S.C. 470f)

7 and the agreement includes a determination that the

8 program or project will not have an adverse effect on

9 the historic site.

10 ‘‘(2) LIMITATION ON APPLICABILITY.—This

11 subsection does not apply in any case in which the

12 Advisory Council on Historic Preservation deter13 mines, concurrent with or prior to the conclusion of

14 section 106 consultation, that allowing section 106

15 compliance to satisfy the requirements of this sec16 tion would be inconsistent with the objectives of the

17 National Historic Preservation Act. The Council

18 shall make such a determination if petitioned to do

19 so by a section 106 consulting party, unless the

20 Council affirmatively finds that the views of the re21 questing party have been adequately considered and

22 that section 106 compliance will adequately protect

23 historic properties.

24 ‘‘(3) DEFINITIONS.—In this subsection, the fol25 lowing definitions apply:
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1 ‘‘(A) SECTION 106 CONSULTATION.—The

2 term ‘section 106 consultation’ means the con3 sultation process required under section 106 of

4 the National Historic Preservation Act (16

5 U.S.C. 470f).

6 ‘‘(B) ADVERSE EFFECT.—The term ‘ad7 verse effect’ means altering, directly or indi8 rectly, any of the characteristics of a historic

9 property that qualify the property for inclusion

10 in the National Register in a manner that

11 would diminish the integrity of the property’s

12 location, design, setting, materials, workman13 ship, feeling, or association.’’.

14 (b) TITLE 23.—Section 138 of title 23, United States

15 Code is amended—

16 (1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It is’’;

17 and

18 (2) by striking ‘‘In carrying’’ and inserting the

19 following:

20 ‘‘(c) STUDIES.—In carrying’’; and

21 (3) by inserting after subsection (a) (as des22 ignated by paragraph (1)) the following:

23 ‘‘(b) SPECIAL RULES FOR HISTORIC SITES.—

24 ‘‘(1) IN GENERAL.—The requirements of this

25 section are deemed to be satisfied in any case in
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1 which the treatment of a historic site has been

2 agreed upon in accordance with section 106 of the

3 National Historic Preservation Act (16 U.S.C. 470f)

4 and the agreement includes a determination that the

5 program or project will not have an adverse effect on

6 the historic site.

7 ‘‘(2) LIMITATION ON APPLICABILITY.—This

8 subsection does not apply in any case in which the

9 Advisory Council on Historic Preservation deter10 mines, concurrent with or prior to the conclusion of

11 section 106 consultation, that allowing section 106

12 compliance to satisfy the requirements of this sec13 tion would be inconsistent with the objectives of the

14 National Historic Preservation Act. The Council

15 shall make such a determination if petitioned to do

16 so by a section 106 consulting party, unless the

17 Council affirmatively finds that the views of the re18 questing party have been adequately considered and

19 that section 106 compliance will adequately protect

20 historic properties.

21 ‘‘(3) DEFINITIONS.—In this subsection, the fol22 lowing definitions apply:

23 ‘‘(A) SECTION 106 CONSULTATION.—The

24 term ‘section 106 consultation’ means the con25 sultation process required under section 106 of
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1 the National Historic Preservation Act (16

2 U.S.C. 470f).

3 ‘‘(B) ADVERSE EFFECT.—The term ‘ad4 verse effect’ means altering, directly or indi5 rectly, any of the characteristics of a historic

6 property that qualify the property for inclusion

7 in the National Register in a manner that

8 would diminish the integrity of the property’s

9 location, design, setting, materials, workman10 ship, feeling, or association.’’.

11 SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM.

12 Section 103(c) of title 23, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(5) EXEMPTION OFINTERSTATE SYSTEM.—

15 ‘‘(A) IN GENERAL.—Except as provided in

16 subparagraph (B), the Interstate System shall

17 not be considered to be a historic site under

18 section 303 of title 49 or section 138 of this

19 title, regardless of whether the Interstate Sys20 tem or portions of the Interstate System are

21 listed on, or eligible for listing on, the National

22 Register of Historic Places.

23 ‘‘(B) INDIVIDUAL ELEMENTS.—Subject to

24 subparagraph (C), a portion of the Interstate

25 System that possesses an independent feature
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1 of historic significance (such as a historic

2 bridge or a highly significant engineering fea3 ture) that is listed on, or eligible for listing on,

4 the National Register of Historic Places, shall

5 be considered to be a historic site under section

6 303 of title 49 or section 138 of this title, as

7 applicable.

8 ‘‘(C) CONSTRUCTION, MAINTENANCE, RES9 TORATION, AND REHABILITATION ACTIVITIES.—

10 Subparagraph (B) does not prohibit a State

11 from carrying out construction, maintenance,

12 restoration, or rehabilitation activities for a por13 tion of the Interstate System referred to in sub14 paragraph (B) upon compliance with section

15 303 of title 49 or section 138 of this title, as

16 applicable, and section 106 of the National His17 toric Preservation Act of 1966 (16 U.S.C.

18 470f).’’.

19 TITLE VII—HAZARDOUS

20 MATERIALS TRANSPORTATION

21 SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES

22 CODE.

23 Except as otherwise expressly provided, whenever in

24 this title an amendment or repeal is expressed in terms

25 of an amendment to, or a repeal of, a section or other
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1 provision, the reference shall be considered to be made to

2 a section or other provision of title 49, United States

3 Code.

4 SEC. 7002. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—Congress finds with respect to haz6 ardous materials transportation that—

7 (1) approximately 4,000,000,000 tons of regu8 lated hazardous materials are transported each year

9 and approximately 1,200,000 movements of haz10 ardous materials occur each day, according to De11 partment of Transportation estimates;

12 (2) the movement of hazardous materials in

13 commerce is necessary to maintain economic vitality

14 and meet consumer demands and must be conducted

15 in a safe and efficient manner;

16 (3) accidents involving, or unauthorized access

17 to, hazardous materials in transportation may result

18 in a release of such materials and pose a serious

19 threat to public health and safety;

20 (4) many States and localities have enacted

21 laws and regulations that vary from Federal laws

22 and regulations pertaining to the transportation of

23 hazardous materials, thereby creating the potential

24 for unreasonable hazards in other jurisdictions and
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1 confounding shippers and carriers that attempt to

2 comply with multiple regulatory requirements;

3 (5) because of the potential risks to life, prop4 erty, and the environment posed by unintentional re5 leases of hazardous materials, consistency in laws

6 and regulations governing the transportation of haz7 ardous materials is necessary and desirable;

8 (6) in order to achieve greater uniformity and

9 to promote the public health, welfare, and safety at

10 all levels, Federal standards for regulating the trans11 portation of hazardous materials in intrastate, inter12 state, and foreign commerce are necessary and desir13 able; and

14 (7) in order to provide reasonable, adequate,

15 and cost-effective protection from the risks posed by

16 the transportation of hazardous materials, a network

17 of well-trained State and local emergency response

18 personnel and hazmat employees is essential.

19 (b) PURPOSE.—The text of section 5101 is amended

20 to read as follows: ‘‘The purpose of this chapter is to pro21 tect against the risks to life, property, and the environ22 ment that are inherent in the transportation of hazardous

23 material in intrastate, interstate, and foreign commerce.’’.

24 SEC. 7003. DEFINITIONS.

25 Section 5102 is amended—
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1 (1) in paragraph (1)—

2 (A) by striking ‘‘or’’ at the end of subpara3 graph (A);

4 (B) by striking the period at the end of

5 subparagraph (B) and inserting ‘‘; or’’; and

6 (C) by inserting at the end the following:

7 ‘‘(C) on a United States registered air8 craft.’’;

9 (2) in paragraph (8) by striking ‘‘national re10 sponse team’’ each place it appears and inserting

11 ‘‘National Response Team’’;

12 (3) by redesignating paragraphs (11), (12), and

13 (13) as paragraphs (12), (13), and (14), respec14 tively; and

15 (4) by inserting after paragraph (10) the fol16 lowing:

17 ‘‘(11) ‘Secretary’ means the Secretary of Trans18 portation.’’.

19 SEC. 7004. GENERAL REGULATORY AUTHORITY.

20 (a) TECHNICAL AMENDMENTS.—Section 5103(a) is

21 amended—

22 (1) by striking ‘‘etiologic agent,’’ and inserting

23 ‘‘infectious substance,’’; and

24 (2) by striking ‘‘poison,’’ and inserting ‘‘toxic,’’.
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1 (b) REGULATIONS FOR SAFE TRANSPORTATION.—

2 Section 5103(b)(1)(A) is amended—

3 (1) in clause (i) by striking ‘‘transporting’’ and

4 inserting ‘‘that transports’’;

5 (2) in clause (ii)—

6 (A) by striking ‘‘causing’’ and inserting

7 ‘‘that causes’’; and

8 (B) by striking ‘‘or’’ at the end; and

9 (3) by striking clause (iii) and inserting the fol10 lowing:

11 ‘‘(iii) that designs, manufactures, fab12 ricates, inspects, marks, maintains, recondi13 tions, repairs, or tests a package or container

14 that is represented, marked, certified, or sold by

15 that person as qualified for use in transporting

16 hazardous material in commerce;

17 ‘‘(iv) that prepares or accepts hazardous

18 material for transportation in commerce;

19 ‘‘(v) that is responsible for the safety of

20 transporting hazardous material in commerce;

21 ‘‘(vi) that certifies compliance with any re22 quirement of this chapter; or

23 ‘‘(vii) that misrepresents whether the per24 son is engaged in any of the activities described

25 in this subparagraph; and’’.
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1 (c) TECHNICAL AMENDMENT.—Section 5103(b) is

2 amended—

3 (1) by moving subparagraph (C) from the end

4 of paragraph (1) and inserting it after paragraph

5 (2);

6 (2) by redesignating such subparagraph as

7 paragraph (3); and

8 (3) by moving such paragraph (3) 2 ems to the

9 left.

10 SEC. 7005. CHEMICAL OR BIOLOGICAL MATERIALS.

11 Section 5103a(c) is amended—

12 (1) in paragraph (2) by striking ‘‘this sub13 section’’ and inserting ‘‘paragraph (1)’’; and

14 (2) by adding at the end the following:

15 ‘‘(3) STANDARDS.—The Secretary shall pre16 scribe by regulation uniform standards (including

17 standards used to disqualify applicants) governing—

18 ‘‘(A) the collection by States of

19 background information authorized by para20 graph (1);

21 ‘‘(B) the collection, transmission, and re22 view of background information; and

23 ‘‘(C) the notification of an applicant of the

24 results of the background check.
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1 ‘‘(4) FEES.—A State may impose and collect an

2 appropriate fee to carry out paragraph (1) con3 sistent with section 5125(f).

4 ‘‘(5) OPERATORS REGISTERED IN MEXICO AND

5 CANADA.—No operator of a commercial motor vehi6 cle (as defined in section 31101) licensed in Mexico

7 or Canada may operate in the United States a com8 mercial motor vehicle transporting hazardous mate9 rial until the operator has undergone a background

10 records check similar to the background records

11 check required of operators of commercial motor ve12 hicles licensed in the United States to transport haz13 ardous materials.’’.

14 SEC. 7006. REPRESENTATION AND TAMPERING.

15 (a) REPRESENTATION.—Section 5104(a) is

16 amended—

17 (1) by striking ‘‘A person’’ and inserting ‘‘No

18 person’’;

19 (2) in paragraph (1) by striking ‘‘only if’’ and

20 all that follows through ‘‘meets’’ and inserting ‘‘if it

21 does not conform to’’; and

22 (3) in paragraph (2) by striking ‘‘only if’’ and

23 inserting ‘‘unless’’.
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1 (b) TAMPERING.—Section 5104(b) is amended by

2 striking ‘‘A person may not’’ and inserting ‘‘No person

3 may’’.

4 SEC. 7007. TECHNICAL AMENDMENTS.

5 (a) ELIMINATION OF COMPLETED STUDY.—Section

6 5105 is amended—

7 (1) by striking subsection (d); and

8 (2) by redesignating subsection (e) as sub9 section (d).

10 (b) CLASSIFICATION OF EXPLOSIVES.—Section

11 5108(a)(1)(B) is amended by striking ‘‘class A or B’’ and

12 inserting ‘‘Division 1.1, 1.2, or 1.3’’.

13 SEC. 7008. TRAINING OF CERTAIN EMPLOYEES.

14 Section 5107 is amended—

15 (1) by redesignating subsections (f) and (g) as

16 subsections (g) and (h);

17 (2) in subsection (g)(2) (as so redesignated) by

18 striking ‘‘sections 5106, 5108(a)–(g)(1) and (h), and

19 5109 of this title’’ and inserting ‘‘section 5106’’; and

20 (3) by inserting after subsection (e) the fol21 lowing:

22 ‘‘(f) TRAINING OF CERTAIN EMPLOYEES.—The Sec23 retary shall ensure that maintenance-of-way employees

24 and railroad signalmen receive general awareness/famil-
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1 iarization training and safety training pursuant to section

2 172.704 of title 49, Code of Federal Regulations.’’.

3 SEC. 7009. REGISTRATION.

4 (a) PERSONS REQUIRED TO FILE.—Section 5108(a)

5 is amended—

6 (1) in paragraph (2)(B) by striking ‘‘manufac7 turing, fabricating, marking, maintaining, recondi8 tioning, repairing, or testing’’ and inserting ‘‘design9 ing, manufacturing, fabricating, inspecting, marking,

10 maintaining, reconditioning, repairing, or testing’’;

11 and

12 (2) by aligning the left margin of paragraph (4)

13 with the left margin of paragraph (3).

14 (b) FILING SCHEDULE.—Section 5108(c) is

15 amended—

16 (1) by striking the subsection heading and in17 serting ‘‘FILING SCHEDULE’’; and

18 (2) in paragraph (1)—

19 (A) by striking ‘‘must file the first’’ and

20 inserting ‘‘shall file that’’;

21 (B) by striking ‘‘not later than March 31,

22 1992’’ and inserting ‘‘in accordance with regu23 lations issued by the Secretary’’; and

24 (C) by striking the second sentence.

25 (c) FEES.—Section 5108(g) is amended—
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1 (1) in paragraph (1) by striking ‘‘may’’ and in2 serting ‘‘shall’’;

3 (2) in paragraph (2)(A) by striking ‘‘$5,000’’

4 and inserting ‘‘$3,000’’; and

5 (3) by adding at the end the following:

6 ‘‘(3) FEES ON EXEMPT PERSONS.—Notwith7 standing subsection (a)(4), the Secretary shall im8 pose and collect a fee of $25 from a person who is

9 required to register under this section but who is

10 otherwise exempted by the Secretary from paying

11 any fee under this section. The fee shall be used to

12 pay the cost of the Secretary in processing registra13 tion statements filed by such persons.’’.

14 (d) RELATIONSHIP TO OTHER LAWS.—Section

15 5108(i)(2)(B) is amended by inserting ‘‘, Indian tribe,’’

16 after ‘‘State’’ the first place it appears.

17 (e) HAZMAT REGISTRATION NOTIFICATION.—As

18 soon as practicable, the Administrator of the Research and

19 Special Programs Administration of the Department of

20 Transportation shall transmit to the Federal Motor Car21 rier Safety Administration hazardous material registrant

22 information obtained before, on, or after the date of enact23 ment of this Act under section 5108 of title 49, United

24 States Code, together with any Department of Transpor25 tation identification number for each registrant.
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1 SEC. 7010. PROVIDING SHIPPING PAPERS.

2 Section 5110 is amended—

3 (1) in subsection (a) by striking ‘‘under sub4 section (b) of this section’’ and inserting ‘‘by regula5 tion’’; and

6 (2) in subsection (e) by striking ‘‘1 year’’ and

7 inserting ‘‘2 years after the date of preparation of

8 the shipping paper’’.

9 SEC. 7011. RAIL TANK CARS.

10 Section 5111, and the item relating to such section

11 in the analysis for chapter 51, are repealed.

12 SEC. 7012. UNSATISFACTORY SAFETY RATING.

13 The text of section 5113 is amended to read as fol14 lows: ‘‘A person who violates section 31144(c)(3) shall be

15 subject to the penalties in sections 5123 and 5124.’’.

16 SEC. 7013. TRAINING CURRICULUM FOR THE PUBLIC SEC17 TOR.

18 (a) REQUIREMENTS.—Section 5115(b)(1)(C) is

19 amended by striking ‘‘under other United States Govern20 ment grant programs, including those’’ and inserting

21 ‘‘with Federal financial assistance, including programs’’.

22 (b) TRAINING ON COMPLYING WITH LEGAL RE23 QUIREMENTS.—Section 5115(c)(3) is amended by insert24 ing before the period at the end the following: ‘‘and such

25 other voluntary consensus standard-setting organizations

26 as the Secretary determines appropriate’’.
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1 (c) DISTRIBUTION AND PUBLICATION.—Section

2 5115(d) is amended—

3 (1) in the matter preceding paragraph (1) by

4 striking ‘‘national response team’’ and inserting

5 ‘‘National Response Team’’;

6 (2) in paragraph (1) by striking ‘‘Director of

7 the Federal Emergency Management Agency’’ and

8 inserting ‘‘Secretary’’; and

9 (3) in paragraph (2)—

10 (A) by inserting ‘‘and distribute’’ after

11 ‘‘publish’’; and

12 (B) by striking ‘‘programs that uses’’ and

13 all that follows before the period at the end and

14 inserting ‘‘programs and courses developed

15 under this section’’.

16 SEC. 7014. PLANNING AND TRAINING GRANTS, MONI17 TORING, AND REVIEW.

18 (a) FACTORS TO CONSIDER IN DETERMINING

19 NEEDS.—Section 5116(b)(4) is amended—

20 (1) by striking ‘‘and’’ at the end of subpara21 graph (D);

22 (2) by redesignating subparagraph (E) as sub23 paragraph (F); and

24 (3) by inserting after subparagraph (D) the fol25 lowing:
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1 ‘‘(E) the report submitted by the State to the

2 Secretary under section 5125(f)(2); and’’.

3 (b) COMPLIANCE WITH CERTAIN LAW.—Section

4 5116(c) is amended—

5 (1) by inserting ‘‘or Indian tribe’’ after ‘‘a

6 State’’;

7 (2) by inserting ‘‘or Indian tribe’’ after ‘‘the

8 State’’ the first place it appears; and

9 (3) by inserting ‘‘(1) the State or Indian tribe

10 is complying with all applicable requirements of this

11 chapter (including section 5125(f)), and (2) in the

12 case of a State,’’ after ‘‘certifies that’’.

13 (c) GOVERNMENT’S SHARE OF COSTS.—Section

14 5116(e) is amended by striking the second sentence and

15 inserting the following: ‘‘Amounts received by the State

16 or tribe under subsections (a)(1) and (b)(1) are not part

17 of the non-Government share under this subsection.’’.

18 (d) MONITORING AND TECHNICAL ASSISTANCE.—

19 Section 5116(f) is amended—

20 (1) in the first sentence—

21 (A) by striking ‘‘Secretaries of Transpor22 tation and Energy,’’ and inserting ‘‘Secretary of

23 Energy, Director of the Federal Emergency

24 Management Agency,’’; and
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1 (B) by striking ‘‘Director of the Federal

2 Emergency Management Agency shall’’ and in3 serting ‘‘Secretary of Transportation shall’’;

4 and

5 (2) in the second sentence—

6 (A) by striking ‘‘the Secretaries, Adminis7 trator, and Directors each shall’’ and inserting

8 ‘‘the Secretary shall’’; and

9 (B) by striking ‘‘national response team’’

10 and inserting ‘‘National Response Team’’.

11 (e) DELEGATION OF AUTHORITY.—Section 5116(g)

12 is amended by striking ‘‘Government grant programs’’ and

13 inserting ‘‘Federal financial assistance’’.

14 (f) HAZARDOUS MATERIALS EMERGENCY PRE15 PAREDNESS FUND.—Section 5116(i) is amended—

16 (1) by striking the subsection heading and in17 serting ‘‘HAZARDOUS MATERIALS EMERGENCY PRE18 PAREDNESS FUND.—’’;

19 (2) in the matter preceding paragraph (1)—

20 (A) by inserting ‘‘, to be known as the

21 ‘Hazardous Materials Emergency Preparedness

22 Fund’,’’ after ‘‘account in the Treasury’’; and

23 (B) by striking ‘‘section 5108(g)(2)(A) of

24 this title’’ and all that follows before the period
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1 at the end of the first sentence and inserting

2 ‘‘this chapter’’;

3 (3) by striking ‘‘and’’ at the end of paragraph

4 (2);

5 (4) by redesignating paragraph (3) as para6 graph (4); and

7 (5) by inserting after paragraph (2) the fol8 lowing:

9 ‘‘(3) to publish and distribute the Emergency

10 Response Guidebook; and’’.

11 (g) REPORTS.—In section 5116(k)—

12 (1) by striking the first sentence and inserting

13 the following: ‘‘The Secretary shall submit to Con14 gress and make available to the public annually a re15 port on the allocation and uses of planning grants

16 under subsection (a), training grants under sub17 section (b), and grants under subsection (j) and

18 under section 5107.’’; and

19 (2) in the second sentence by striking ‘‘Such re20 port’’ and inserting ‘‘The report’’.

21 SEC. 7015. SPECIAL PERMITS AND EXCLUSIONS.

22 (a) SECTION HEADING.—

23 (1) IN GENERAL.—Section 5117 is amended by

24 striking the section number and heading and insert25 ing the following:
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1 ‘‘§ 5117. Special permits and exclusions’’.

2 (2) CONFORMING AMENDMENT.—The item re3 lating to section 5117 in the analysis for chapter 51

4 is amended to read as follows:

‘‘5117. Special permits and exclusions.’’.

5 (b) SUBSECTION HEADING.—The heading for sub6 section (a) of section 5117 is amended by striking ‘‘EX7 EMPT’’ and inserting ‘‘ISSUE SPECIAL PERMITS’’.

8 (c) AUTHORITY TO ISSUE SPECIAL PERMITS.—Sec9 tion 5117(a)(1) is amended—

10 (1) by striking ‘‘an exemption’’ and inserting ‘‘,

11 modify, or terminate a special permit authorizing a

12 variance’’; and

13 (2) by striking ‘‘transporting, or causing to be

14 transported, hazardous material’’ and inserting

15 ‘‘performing a function regulated by the Secretary

16 under section 5103(b)(1)’’.

17 (d) PERIOD OF SPECIAL PERMIT.—Section

18 5117(a)(2) is amended to read as follows:

19 ‘‘(2) A special permit issued under this section shall

20 be effective for an initial period of not more than 2 years

21 and may be renewed by the Secretary upon application

22 for an additional period of not more than 4 years or, in

23 the case of a special permit relating to section 5112, for

24 an additional period of not more than 2 years.’’.

25 (e) APPLICATIONS.—Sections 5117(b) is amended—
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1 (1) by striking ‘‘an exemption’’ each place it ap2 pears and inserting ‘‘a special permit’’; and

3 (2) by striking ‘‘the exemption’’ and inserting

4 ‘‘the special permit’’.

5 (f) DEALING WITH APPLICATIONS PROMPTLY.—Sec6 tion 5117(c) is amended by striking ‘‘the exemption’’ each

7 place it appears and inserting ‘‘the special permit’’.

8 (g) LIMITATION ON AUTHORITY.—Section 5117(e) is

9 amended—

10 (1) by striking ‘‘an exemption’’ and inserting ‘‘a

11 special permit’’; and

12 (2) by striking ‘‘be exempt’’ and inserting ‘‘be

13 granted a variance’’.

14 SEC. 7016. UNIFORM FORMS AND PROCEDURES.

15 Section 5119 is amended to read as follows:

16 ‘‘§ 5119. Uniform forms and procedures

17 ‘‘(a) ESTABLISHMENT OF WORKING GROUP.—The

18 Secretary shall establish a working group of State and

19 local government officials, including representatives of the

20 National Governors’ Association, the National Association

21 of Counties, the National League of Cities, the United

22 States Conference of Mayors, the National Conference of

23 State Legislatures, and the Alliance for Uniform Hazmat

24 Transportation Procedures.
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1 ‘‘(b) PURPOSE OF WORKING GROUP.—The purpose

2 of the working group shall be to establish uniform forms

3 and procedures for a State to register, and to issue per4 mits to, persons that transport, or cause to be transported,

5 hazardous material by motor vehicle in the State.

6 ‘‘(c) LIMITATION ON WORKING GROUP.—The work7 ing group may not propose to define or limit the amount

8 of a fee a State may impose or collect.

9 ‘‘(d) PROCEDURE.—The Secretary shall develop a

10 procedure by which the working group shall harmonize ex11 isting State registration and permit laws and regulations

12 relating to the transportation of hazardous materials, with

13 special attention paid to each State’s unique safety con14 cerns and interest in maintaining strong hazmat safety

15 standards.

16 ‘‘(e) REPORT OF WORKING GROUP.—Not later than

17 18 months after the date of enactment of this subsection,

18 the working group shall transmit to the Secretary a report

19 containing recommendations for establishing uniform

20 forms and procedures described in subsection (b).

21 ‘‘(f) REGULATIONS.—Not later than 2 years after the

22 date of enactment of this subsection, the Secretary shall

23 issue regulations to carry out such recommendations of

24 the working group as the Secretary considers appropriate.
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1 ‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Nothing in this section shall be construed as prohibiting

3 a State from voluntarily participating in a program of uni4 form forms and procedures until such time as the Sec5 retary issues regulations under subsection (f).’’.

6 SEC. 7017. INTERNATIONAL UNIFORMITY OF STANDARDS

7 AND REQUIREMENTS.

8 (a) CONSULTATION.—Section 5120(b) is amended by

9 inserting ‘‘and requirements’’ after ‘‘standards’’.

10 (b) DIFFERENCES WITH INTERNATIONAL STAND11 ARDS AND REQUIREMENTS.—Section 5120(c) is

12 amended—

13 (1) in paragraph (1) by inserting ‘‘or require14 ment’’ after ‘‘standard’’ each place it appears; and

15 (2) in paragraph (2)—

16 (A) by inserting ‘‘standard or’’ before ‘‘re17 quirement’’ each place it appears; and

18 (B) by striking ‘‘included in a standard’’.

19 SEC. 7018. ADMINISTRATIVE.

20 (a) GENERAL AUTHORITY.—Section 5121(a) is

21 amended—

22 (1) in the first sentence by inserting ‘‘conduct

23 tests,’’ after ‘‘investigate,’’;
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1 (2) in the second sentence by striking ‘‘After’’

2 and inserting ‘‘Except as provided in subsections (c)

3 and (d), after’’; and

4 (3) by striking ‘‘regulation prescribed’’ and in5 serting ‘‘regulation, order, special permit, or ap6 proval issued’’.

7 (b) RECORDS, REPORTS, AND INFORMATION.—Sec8 tion 5121(b) is amended—

9 (1) in paragraph (1) by inserting ‘‘and prop10 erty’’ after ‘‘records’’; and

11 (2) in paragraph (2)—

12 (A) by inserting ‘‘property,’’ after

13 ‘‘records,’’;

14 (B) by inserting ‘‘for inspection’’ after

15 ‘‘available’’; and

16 (C) by striking ‘‘requests’’ and inserting

17 ‘‘undertakes an investigation or makes a re18 quest’’.

19 (c) ENHANCED AUTHORITY TO DISCOVER HIDDEN

20 SHIPMENTS OF HAZARDOUS MATERIAL.—Section 5121(c)

21 is amended to read as follows:

22 ‘‘(c) INSPECTIONS AND INVESTIGATIONS.—

23 ‘‘(1) IN GENERAL.—A designated officer, em24 ployee, or agent of the Secretary may—
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1 ‘‘(A) inspect and investigate, at a reason2 able time and in a reasonable manner, records

3 and property relating to a function described in

4 section 5103(b)(1);

5 ‘‘(B) except in the case of packaging im6 mediately adjacent to its hazardous material

7 contents, gain access to, open, and examine a

8 package offered for, or in, transportation when

9 the officer, employee, or agent has an objec10 tively reasonable and articulable belief that the

11 package may contain a hazardous material;

12 ‘‘(C) remove from transportation a pack13 age or related packages in a shipment offered

14 for or in transportation for which—

15 ‘‘(i) such officer, employee, or agent

16 has an objectively reasonable and

17 articulable belief that the package may

18 pose an imminent hazard; and

19 ‘‘(ii) such officer, employee, or agent

20 contemporaneously documents such belief

21 in accordance with procedures set forth in

22 guidance or regulations prescribed under

23 subsection (e);

24 ‘‘(D) gather information from the offeror,

25 carrier, packaging manufacturer or retester, or
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1 other person responsible for the package, to as2 certain the nature and hazards of the contents

3 of the package;

4 ‘‘(E) as necessary, under terms and condi5 tions specified by the Secretary, order the offer6 or, carrier, packaging manufacturer or retester,

7 or other person responsible for the package to

8 have the package transported to, opened, and

9 the contents examined and analyzed, at a facil10 ity appropriate for the conduct of such exam11 ination and analysis; and

12 ‘‘(F) when safety might otherwise be com13 promised, authorize properly qualified personnel

14 to assist in the activities conducted under this

15 subsection.

16 ‘‘(2) DISPLAY OFCREDENTIALS.—An officer,

17 employee, or agent acting under this subsection shall

18 display proper credentials when requested.

19 ‘‘(3) SAFE RESUMPTION OF TRANSPOR20 TATION.—In instances when, as a result of an in21 spection or investigation under this subsection, an

22 imminent hazard is not found to exist, the Sec23 retary, in accordance with procedures set forth in

24 regulations prescribed under subsection (e), shall

25 assist—
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1 ‘‘(A) in the safe resumption of transpor2 tation of the package concerned; or

3 ‘‘(B) in any case in which the hazardous

4 material being transported is perishable, in the

5 safe and expeditious resumption of transpor6 tation of the perishable hazardous material.’’.

7 (d) EMERGENCY AUTHORITY FOR HAZARDOUS MA8 TERIAL TRANSPORTATION.—Section 5121 is amended—

9 (1) by redesignating subsections (d) and (e) as

10 subsections (f) and (g), respectively; and

11 (2) by inserting after subsection (c) the fol12 lowing:

13 ‘‘(d) EMERGENCY ORDERS.—

14 ‘‘(1) IN GENERAL.—If, upon inspection, inves15 tigation, testing, or research, the Secretary deter16 mines that either a violation of a provision of this

17 chapter or a regulation issued under this chapter, or

18 an unsafe condition or practice, constitutes or is

19 causing an imminent hazard, the Secretary may

20 issue an emergency order, without notice or the op21 portunity for a hearing, but only to the extent nec22 essary to abate the imminent hazard.

23 ‘‘(2) WRITTEN ORDERS.—An emergency order

24 issued under paragraph (1) shall be in writing, de25 scribe the violation, condition, or practice that is
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1 causing the imminent hazard, and state the restric2 tions, prohibitions, recalls, or out-of-service orders

3 issued. The emergency order also shall describe the

4 standards and procedures for obtaining relief from

5 the order.

6 ‘‘(3) OPPORTUNITY FOR REVIEW.—After

7 issuing an emergency order under paragraph (1),

8 the Secretary shall provide an opportunity for review

9 of the order under section 554 of title 5 if a petition

10 for review is filed within 20 calendar days after the

11 date of issuance of the order.

12 ‘‘(4) EXPIRATION OF EFFECTIVENESS OF

13 EMERGENCY ORDER.—If a petition for review is filed

14 for an order and the review is not completed by the

15 end of the 30-day period beginning on the date the

16 petition was filed, the order shall cease to be effec17 tive at the end of that period unless the Secretary

18 determines in writing that the emergency situation

19 still exists.

20 ‘‘(e) GUIDANCE AND REGULATIONS.—

21 ‘‘(1) GUIDANCE.—Not later than 60 days after

22 the date of enactment of the Transportation Equity

23 Act: A Legacy for Users, the Secretary shall issue

24 interim guidance to carry out subsections (c) and

25 (d).
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1 ‘‘(2) REGULATIONS.—Not later than 1 year

2 after such date of enactment, the Secretary shall

3 issue regulations to carry out subsections (c) and (d)

4 in accordance with subchapter II of chapter 5 of

5 title 5.’’.

6 (e) REPORT.—Section 5121(g) (as redesignated by

7 subsection (d)(1) of this section) is amended—

8 (1) in the matter preceding paragraph (1) by

9 striking ‘‘submit to the President for transmittal to

10 the Congress’’ and inserting ‘‘transmit to the Com11 mittee on Transportation and Infrastructure of the

12 House of Representatives and the Committee on

13 Commerce, Science, and Transportation of the Sen14 ate’’; and

15 (2) in paragraph (4) by inserting ‘‘relating to a

16 function regulated by the Secretary under section

17 5103(b)(1)’’ after ‘‘activities’’.

18 (f) REPEAL OF OBSOLETE PROVISION.—Section

19 5118, and the item relating to such section in the analysis

20 for chapter 51, are repealed.

21 SEC. 7019. ENFORCEMENT.

22 (a) GENERAL.—Section 5122(a) is amended by strik23 ing the second sentence and inserting ‘‘The court may

24 award appropriate relief, including a temporary or perma25 nent injunction, punitive damages, and assessment of civil
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1 penalties considering the same penalty amounts and fac2 tors as prescribed for the Secretary in an administrative

3 case under section 5123.’’.

4 (b) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is

5 amended by striking ‘‘or ameliorate the’’ and inserting ‘‘or

6 mitigate the’’.

7 SEC. 7020. CIVIL PENALTY.

8 (a) PENALTY.—Section 5123(a) is amended—

9 (1) in paragraph (1)—

10 (A) by striking ‘‘regulation prescribed or

11 order issued’’ and inserting ‘‘regulation, order,

12 special permit, or approval issued’’; and

13 (B) by striking ‘‘$25,000’’ and inserting

14 ‘‘$50,000’’;

15 (2) by redesignating paragraph (2) as para16 graph (3); and

17 (3) by inserting after paragraph (1) the fol18 lowing:

19 ‘‘(2) If the Secretary finds that a violation under

20 paragraph (1) results in death, serious illness, or severe

21 injury to any person or substantial destruction of prop22 erty, the Secretary may increase the amount of the civil

23 penalty for such violation to not more than $100,000.’’.
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1 (b) HEARING REQUIREMENT.—Section 5123(b) is

2 amended by striking ‘‘regulation prescribed’’ and inserting

3 ‘‘regulation, order, special permit, or approval issued’’.

4 (c) CIVIL ACTIONS TO COLLECT.—Section 5123(d)

5 is amended by adding at the end the following: ‘‘In such

6 action, the validity, amount, and appropriateness of the

7 civil penalty shall not be subject to review.’’.

8 (d) COMPROMISE.—Section 5123(e) is amended by

9 striking ‘‘before referral to the Attorney General’’.

10 SEC. 7021. CRIMINAL PENALTY.

11 Section 5124 is amended to read as follows:

12 ‘‘§ 5124. Criminal penalty

13 ‘‘(a) IN GENERAL.—A person knowingly violating

14 section 5104(b) or willfully or recklessly violating this

15 chapter or a regulation, order, special permit, or approval

16 issued under this chapter shall be fined under title 18,

17 imprisoned for not more than 5 years, or both; except that

18 the maximum amount of imprisonment shall be 10 years

19 in any case in which the violation involves the release of

20 a hazardous material that results in death or bodily injury

21 to any person.

22 ‘‘(b) KNOWING VIOLATIONS.—For purposes of this

23 section—

24 ‘‘(1) a person acts knowingly when—
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1 ‘‘(A) the person has actual knowledge of

2 the facts giving rise to the violation; or

3 ‘‘(B) a reasonable person acting in the cir4 cumstances and exercising reasonable care

5 would have that knowledge; and

6 ‘‘(2) knowledge of the existence of a statutory

7 provision, or a regulation or a requirement required

8 by the Secretary, is not an element of an offense

9 under this section.

10 ‘‘(c) WILLFUL VIOLATIONS.—For purposes of this

11 section, a person acts willfully when—

12 ‘‘(1) the person has knowledge of the facts giv13 ing rise to the violation; and

14 ‘‘(2) the person has knowledge that the conduct

15 was unlawful.

16 ‘‘(d) RECKLESS VIOLATIONS.—For purposes of this

17 section, a person acts recklessly when the person displays

18 a deliberate indifference or conscious disregard to the con19 sequences of that person’s conduct.’’.

20 SEC. 7022. PREEMPTION.

21 (a) DUAL COMPLIANCE AND OBSTACLE TESTS.—

22 Section 5125(a) is amended by striking the subsection

23 heading and inserting ‘‘DUAL COMPLIANCE AND OBSTA24 CLE TESTS.—’’.
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1 (b) SUBSTANTIVE DIFFERENCES.—The second sen2 tence of section 5125(b)(2) is amended by striking ‘‘after

3 November 16, 1990’’.

4 (c) DECISIONS ON PREEMPTION.—The third sentence

5 of section 5125(d)(1) is amended by inserting ‘‘and pub6 lish in the Federal Register’’ after ‘‘issue’’.

7 (d) JUDICIAL REVIEW.—Section 5125 is further

8 amended—

9 (1) by striking subsection (f) and redesignating

10 subsection (g) as subsection (f);

11 (2) in subsection (f) (as so redesignated) by

12 moving paragraph (2) (including subparagraphs (A)

13 through (D)) 2 ems to the left; and

14 (3) by adding at the end the following:

15 ‘‘(g) INDEPENDENT APPLICATION OF EACH STAND16 ARD.—Subsections (b), (c)(1), (d), and (g) are inde17 pendent in their application to a requirement of any State,

18 political subdivision of a State, or Indian tribe and shall

19 be reviewed independently.’’.

20 SEC. 7023. RELATIONSHIP TO OTHER LAWS.

21 Section 5126(a) is amended by striking ‘‘must com22 ply’’ and inserting ‘‘shall comply’’.
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1 SEC. 7024. JUDICIAL REVIEW.

2 (a) IN GENERAL.—Chapter 51 is amended by redes3 ignating section 5127 as section 5128 and by inserting

4 after section 5126 the following:

5 ‘‘§ 5127. JUDICIAL REVIEW

6 ‘‘(a) FILING AND VENUE.—Except as provided in

7 section 20114(c), a person adversely affected or aggrieved

8 by a final action of the Secretary under this chapter may

9 petition for review of the final action in the United States

10 Court of Appeals for the District of Columbia or in the

11 court of appeals for the United States for the circuit in

12 which the person resides or has its principal place of busi13 ness. The petition must be filed not more than 60 days

14 after the Secretary’s action becomes final.

15 ‘‘(b) JUDICIAL PROCEDURES.—When a petition is

16 filed under subsection (a), the clerk of the court imme17 diately shall send a copy of the petition to the Secretary.

18 The Secretary shall file with the court a record of any

19 proceeding in which the final action was issued, as pro20 vided in section 2112 of title 28.

21 ‘‘(c) AUTHORITY OF COURT.—The court has exclu22 sive jurisdiction, as provided in subchapter II of chapter

23 5 of title 5, to affirm or set aside any part of the Sec24 retary’s final action and may order the Secretary to con25 duct further proceedings. Findings of fact by the Sec-
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1 retary, if supported by substantial evidence, are conclu2 sive.

3 ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re4 viewing a final action under this section, the court may

5 consider an objection to a final action of the Secretary

6 only if the objection was made in the course of a pro7 ceeding or review conducted by the Secretary or if there

8 was a reasonable ground for not making the objection in

9 the proceeding.’’.

10 (b) CONFORMING AMENDMENT.—The analysis for

11 chapter 51 is amended by striking the item relating to

12 section 5127 and inserting the following:

‘‘5127. Judicial review.

‘‘5128. Authorization of appropriations.’’.

13 SEC. 7025. AUTHORIZATION OF APPROPRIATIONS.

14 Section 5128 (as redesignated by section 7024) is

15 amended to read as follows:

16 ‘‘§ 5128. Authorizations of appropriations

17 ‘‘(a) IN GENERAL.—In order to carry out this chap18 ter (except sections 5107(e), 5108(g)(2), 5113, 5115,

19 5116, and 5119), the following amounts are authorized

20 to be appropriated to the Secretary:

21 ‘‘(1) For fiscal year 2004, $24,981,000.

22 ‘‘(2) For fiscal year 2005, $27,000,000.

23 ‘‘(3) For fiscal year 2006, $29,000,000.

24 ‘‘(4) For fiscal year 2007, $30,000,000.
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1 ‘‘(b) EMERGENCY PREPAREDNESS FUND.—There

2 shall be available to the Secretary, from the account estab3 lished pursuant to section 5116(i), for each of fiscal years

4 2004 through 2007 the following:

5 ‘‘(1) To carry out section 5115, $200,000.

6 ‘‘(2) To carry out section 5116(a), $8,000,000.

7 ‘‘(3) To carry out section 5116(b),

8 $13,800,000.

9 ‘‘(4) To carry out section 5116(f), $150,000.

10 ‘‘(5) To publish and distribute the Emergency

11 Response Guidebook under section 5116(i)(3),

12 $500,000.

13 ‘‘(6) To pay administrative expenses in accord14 ance with section 5116(i)(4), $150,000.

15 ‘‘(7) To carry out section 5116(j), $1,000,000.

16 ‘‘(c) TRAINING OF HAZMAT EMPLOYEE INSTRUC17 TORS.—There shall be available to the Secretary, from the

18 account established pursuant to section 5116(i), to carry

19 out section 5107(e) $4,000,000 for each of fiscal years

20 2004 through 2007.

21 ‘‘(d) UNIFORM FORMS AND PROCEDURES.—There is

22 authorized to be appropriated to the Secretary for making

23 grants to States participating in the working group estab24 lished under section 5119 $1,000,000 for each of the fiscal

25 years 2005 and 2006.
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1 ‘‘(e) ISSUANCE OF HAZMAT LICENSES.—There are

2 authorized to be appropriated for the Department of

3 Transportation such amounts as may be necessary to

4 carry out section 5103a.

5 ‘‘(f) CREDITS TO APPROPRIATIONS.—The Secretary

6 may credit to any appropriation to carry out this chapter

7 an amount received from a State, Indian tribe, or other

8 public authority or private entity for expenses the Sec9 retary incurs in providing training to the State, authority,

10 or entity.

11 ‘‘(g) AVAILABILITY OF AMOUNTS.—Amounts made

12 available by or under this section remain available until

13 expended.’’.

14 SEC. 7026. DETERMINING AMOUNT OF UNDECLARED SHIP15 MENTS OF HAZARDOUS MATERIALS ENTER16 ING THE UNITED STATES.

17 (a) STUDY.—The Comptroller General shall conduct

18 a study to propose methods of determining the amount

19 of undeclared shipments of hazardous materials (as de20 fined in section 5101 of title 49, United States Code) en21 tering the United States.

22 (b) REPORT.—Not later than 1 year after the date

23 of enactment of this Act, the Comptroller General shall

24 transmit to the Committee on Transportation and Infra25 structure of the House of Representatives and the Com-
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1 mittee on Commerce, Science, and Transportation of the

2 Senate a report on the results of the study.

3 SEC. 7027. CONFORMING AMENDMENTS.

4 Chapter 51 is amended by striking ‘‘Secretary of

5 Transportation’’ each place it appears (other than the sec6 ond place it appears in section 5108(g)(2)(C), the first

7 place it appears in section 5115(a), and in sections

8 5116(g), 5116(i), and 5120(a)) and inserting ‘‘Secretary’’.

9 TITLE VIII—TRANSPORTATION

10 DISCRETIONARY SPENDING

11 GUARANTEE

12 SEC. 8001. DISCRETIONARY SPENDING LIMITS FOR THE

13 HIGHWAY AND MASS TRANSIT CATEGORIES.

14 (a) LIMITS.—(1) Section 251(c)(1) of the Balanced

15 Budget and Emergency Deficit Control Act of 1985 is

16 amended—

17 (A) in subparagraph (A), by striking

18 ‘‘$31,834,000,000’’ and inserting

19 ‘‘$28,052,000,000’’; and

20 (B) in subparagraph (B), by striking

21 ‘‘$1,462,000,000’’ and inserting ‘‘$1,436,000,000’’

22 and by striking ‘‘$6,629,000,000’’ and inserting

23 ‘‘$6,271,000,000’’.

24 (2) Section 251(c)(2) of the Balanced Budget and

25 Emergency Deficit Control Act of 1985 is amended by in-
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1 serting a dash after ‘‘2005’’, by redesignating the remain2 ing portion of such paragraph as subparagraph (C) and

3 by moving it two ems to the right, and by inserting after

4 the dash the following new subparagraphs:

5 ‘‘(A) for the highway category:

6 $30,585,000,000 in outlays;

7 ‘‘(B) for the mass transit category:

8 $1,554,000,000 in new budget authority and

9 $6,787,000,000 in outlays; and’’.

10 (3) Section 251(c)(3) of the Balanced Budget and

11 Emergency Deficit Control Act of 1985 is amended by in12 serting a dash after ‘‘2006’’, by redesignating the remain13 ing portion of such paragraph as subparagraph (C) and

14 by moving it two ems to the right, and by inserting after

15 the dash the following new subparagraphs:

16 ‘‘(A) for the highway category:

17 $33,271,000,000 in outlays;

18 ‘‘(B) for the mass transit category:

19 $1,671,000,000 in new budget authority and

20 $7,585,000,000 in outlays; and’’.

21 (4) Section 251(c) of the Balanced Budget and

22 Emergency Deficit Control Act of 1985 is amended by re23 designating paragraphs (4) through (9) as paragraphs (7)

24 through (12) and inserting after paragraph (3) the fol25 lowing new paragraphs:
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1 ‘‘(4) with respect to fiscal year 2007—

2 ‘‘(A) for the highway category:

3 $35,248,000,000 in outlays; and

4 ‘‘(B) for the mass transit category:

5 $1,785,000,000 in new budget authority and

6 $8,110,000,000 in outlays;

7 ‘‘(5) with respect to fiscal year 2008—

8 ‘‘(A) for the highway category:

9 $36,587,000,000 in outlays; and

10 ‘‘(B) for the mass transit category:

11 $1,890,000,000 in new budget authority and

12 $8,517,000,000 in outlays; and

13 ‘‘(6) with respect to fiscal year 2009—

14 ‘‘(A) for the highway category:

15 $37,682,000,000 in outlays; and

16 ‘‘(B) for the mass transit category:

17 $2,017,000,000 in new budget authority and

18 $8,968,000,000 in outlays;’’.

19 (b) DEFINITIONS.—Section 250(c)(4) of the

20 Balanced Budget and Emergency Deficit Control Act of

21 1985 is amended—

22 (1) in subparagraph (B), by—

23 (A) striking ‘‘the Transportation Equity

24 Act for the 21st Century and the Surface

25 Transportation Extension Act of 2003’’ and in-
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1 serting ‘‘the Transportation Equity Act: A Leg2 acy for Users’’; and

3 (B) inserting before the period at the end

4 the following new clauses:

5 ‘‘(v) 69-8158-0-7-401 (Motor Carrier Safe6 ty Grants).

7 ‘‘(vi) 69-8159-0-7-401 (Motor Carrier

8 Safety Operations and Programs).’’;

9 (2) in subparagraph (C), by—

10 (A) inserting ‘‘(and successor accounts)’’

11 after ‘‘budget accounts’’; and

12 (B) striking ‘‘the Transportation Equity

13 Act for the 21st Century and the Surface

14 Transportation Extension Act of 2003 or for

15 which appropriations are provided pursuant to

16 authorizations contained in those Acts (except

17 that appropriations provided pursuant to sec18 tion 5338(h) of title 49, United States Code, as

19 amended by the Transportation Equity Act for

20 the 21st Century, shall not be included in this

21 category)’’ and inserting ‘‘the Transportation

22 Equity Act: A Legacy for Users or for which

23 appropriations are provided pursuant to author24 izations contained in that Act’’; and
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1 (3) in subparagraph (D)(ii), by striking ‘‘sec2 tion 8103 of the Transportation Equity Act for the

3 21st Century’’ and inserting ‘‘section 8103 of the

4 Transportation Equity Act: A Legacy for Users’’.

5 SEC. 8002. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING

6 WITH REVENUES.

7 Subparagraphs (B) through (E) of section 251(b)(1)

8 of the Balanced Budget and Emergency Deficit Control

9 Act of 1985 are amended to read as follows:

10 ‘‘(B) ADJUSTMENT TO ALIGN HIGHWAY

11 SPENDING WITH REVENUES.—(i) When the

12 President submits the budget under section

13 1105 of title 31, United States Code, OMB

14 shall calculate and the budget shall make ad15 justments to the highway category for the budg16 et year and each outyear as provided in clause

17 (ii)(I)(cc).

18 ‘‘(ii)(I)(aa) OMB shall take the actual level

19 of highway receipts for the year before the cur20 rent year and subtract the sum of the estimated

21 level of highway receipts in subclause (II) plus

22 any amount previously calculated under item

23 (bb) for that year.

24 (bb) OMB shall take the current estimate

25 of highway receipts for the current year and
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1 subtract the estimated level of receipts for that

2 year.

3 ‘‘(cc) OMB shall add one-half of the sum

4 of the amount calculated under items (aa) and

5 (bb) to the obligation limitations set forth in

6 the section 8103 of the Transportation Equity

7 Act: A Legacy for Users and, using current es8 timates, calculate the outlay change resulting

9 from the change in obligations for the budget

10 year and the first outyear and the outlays flow11 ing therefrom through subsequent fiscal years.

12 After making the calculations under the pre13 ceding sentence, OMB shall adjust the amount

14 of obligations set forth in that section for the

15 budget year and the first outyear by adding

16 one-half of the sum of the amount calculated

17 under items (aa) and (bb) to each such year.

18 ‘‘(II) The estimated level of highway re19 ceipts for the purposes of this clause are—

20 ‘‘(aa) for fiscal year 2004,

21 $30,572,000,000;

22 ‘‘(bb) for fiscal year 2005,

23 $34,260,000,000;

24 ‘‘(cc) for fiscal year 2006,

25 $35,586,000,000;
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1 ‘‘(dd) for fiscal year 2007,

2 $36,570,000,000;

3 ‘‘(ee) for fiscal year 2008,

4 $37,603,000,000; and

5 ‘‘(ff) for fiscal year 2009,

6 $38,651,000,000.

7 ‘‘(III) In this clause, the term ‘highway re8 ceipts’ means the governmental receipts cred9 ited to the highway account of the Highway

10 Trust Fund.

11 ‘‘(C) In addition to the adjustment required by

12 subparagraph (B), when the President submits the

13 budget under section 1105 of title 31, United States

14 Code, for fiscal year 2006, 2007, 2008, or 2009,

15 OMB shall calculate and the budget shall include for

16 the budget year and each outyear an adjustment to

17 the limits on outlays for the highway category and

18 the mass transit category equal to—

19 ‘‘(i) the outlays for the applicable category

20 calculated assuming obligation levels consistent

21 with the estimates prepared pursuant to sub22 paragraph (D), as adjusted, using current tech23 nical assumptions; minus
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1 ‘‘(ii) the outlays for the applicable category

2 set forth in the subparagraph (D) estimates, as

3 adjusted.

4 ‘‘(D)(i) When OMB and CBO submit their final

5 sequester report for fiscal year 2004, that report

6 shall include an estimate of the outlays for each of

7 the categories that would result in fiscal years 2005

8 through 2009 from obligations at the levels specified

9 in section 8103 of the Transportation Equity Act: A

10 Legacy for Users using current assumptions.

11 ‘‘(ii) When the President submits the budget

12 under section 1105 of title 31, United States Code,

13 for fiscal year 2006, 2007, 2008, or 2009, OMB

14 shall adjust the estimates made in clause (i) by the

15 adjustments by subparagraphs (B) and (C).

16 ‘‘(E) OMB shall consult with the Committees

17 on the Budget and include a report on adjustments

18 under subparagraphs (B) and (C) in the preview re19 port.’’.

20 SEC. 8003. LEVEL OF OBLIGATION LIMITATIONS.

21 (a) HIGHWAY CATEGORY.—For the purposes of sec22 tion 251(b) of the Balanced Budget and Emergency Def23 icit Control Act of 1985, the level of obligation limitations

24 for the highway category is—

25 (1) for fiscal year 2004, $34,309,000,000;
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1 (2) for fiscal year 2005, $35,671,000,000;

2 (3) for fiscal year 2006, $36,719,000,000;

3 (4) for fiscal year 2007, $37,800,000,000;

4 (5) for fiscal year 2008, $38,913,000,000; and

5 (6) for fiscal year 2009, $40,061,000,000.

6 (b) MASS TRANSIT CATEGORY.—For the purposes of

7 section 251(b) of the Balanced Budget and Emergency

8 Deficit Control Act of 1985, the level of obligation limita9 tions for the mass transit category is—

10 (1) for fiscal year 2004, $7,266,000,000;

11 (2) for fiscal year 2005, $7,750,000,000;

12 (3) for fiscal year 2006, $8,266,000,000;

13 (4) for fiscal year 2007, $8,816,000,000;

14 (5) for fiscal year 2008, $9,403,000,000; and

15 (6) for fiscal year 2009, $10,029,000,000.

16 For purposes of this subsection, the term ‘‘obligation limi17 tations’’ means the sum of budget authority and obligation

18 limitations.

19 SEC. 8004. ENFORCEMENT OF GUARANTEE.

20 Clause 3 of rule XXI of the Rules of the House of

21 Representatives is amended—

22 (1) by striking ‘‘Transportation Equity Act for

23 the 21st Century’’ and inserting ‘‘Transportation

24 Equity Act: A Legacy for Users’’; and
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1 (2) by adding at the end the following: ‘‘For

2 purposes of this clause, any obligation limitation re3 lating to surface transportation projects under sec4 tion 1602 of the Transportation Equity Act for the

5 21st Century and section 1702 of the Transpor6 tation Equity Act: A Legacy for Users shall be as7 sumed to be administered on the basis of sound pro8 gram management practices that are consistent with

9 past practices of the administering agency permit10 ting States to decide High Priority Project funding

11 priorities within State program allocations.’’.

12 SEC. 8005. TRANSFER OF FEDERAL TRANSIT ADMINISTRA13 TIVE EXPENSES.

14 For purposes of clauses 2 and 3 of rule XXI of the

15 House of Representatives, it shall be in order to transfer

16 funds, in amounts specified in annual appropriations Acts

17 to carry out the Transportation Equity Act: A Legacy for

18 Users (including the amendments made by that Act), from

19 the Federal Transit Administration’s administrative ex20 penses account to other mass transit budget accounts

21 under section 250(c)(4)(C) of the Balanced Budget and

22 Emergency Deficit Control Act of 1985.
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1 TITLE IX—TAX PROVISIONS

2 SEC. 9000. SHORT TITLE, ETC.

3 (a) SHORT TITLE.—This title may be cited as the

4 ‘‘Highway Reauthorization Tax Act of 2004’’.

5 (b) AMENDMENT OF 1986 CODE.—Except as other6 wise expressly provided, whenever in this title an amend7 ment or repeal is expressed in terms of an amendment

8 to, or repeal of, a section or other provision, the reference

9 shall be considered to be made to a section or other provi10 sion of the Internal Revenue Code of 1986.

11 Subtitle A—Highway Trust Fund

12 Extension

13 SEC. 9101. EXTENSION OF HIGHWAY-RELATED TAXES AND

14 TRUST FUND.

15 (a) EXTENSION OF TAXES.—

16 (1) IN GENERAL.—The following provisions of

17 the Internal Revenue Code of 1986 are each amend18 ed by striking ‘‘2005’’ each place it appears and in19 serting ‘‘2011’’:

20 (A) Section 4041(a)(1)(C)(iii)(I) (relating

21 to rate of tax on certain buses).

22 (B) Section 4041(a)(2)(B) (relating to rate

23 of tax on special motor fuels).

24 (C) Section 4051(c) (relating to termi25 nation of tax on heavy trucks and trailers).
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1 (D) Section 4071(d) (relating to termi2 nation of tax on tires).

3 (E) Section 4081(d)(1) (relating to termi4 nation of tax on gasoline, diesel fuel, and ker5 osene).

6 (F) Section 4481(e) (relating to period tax

7 in effect).

8 (G) Section 4482(c)(4) (relating to taxable

9 period).

10 (H) Section 4482(d) (relating to special

11 rule for taxable period in which termination

12 date occurs).

13 (2) FLOOR STOCKS REFUNDS.—Section

14 6412(a)(1) of such Code (relating to floor stocks re15 funds) is amended—

16 (A) by striking ‘‘2005’’ each place it ap17 pears and inserting ‘‘2011’’, and

18 (B) by striking ‘‘2006’’ each place it ap19 pears and inserting ‘‘2012’’.

20 (b) EXTENSION OF CERTAIN EXEMPTIONS.—The fol21 lowing provisions of such Code are each amended by strik22 ing ‘‘2005’’ and inserting ‘‘2011’’:

23 (1) Section 4221(a) (relating to certain tax-free

24 sales).
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1 (2) Section 4483(g) (relating to termination of

2 exemptions for highway use tax).

3 (c) EXTENSION OF DEPOSITS INTO TRUST FUNDS.—

4 (1) IN GENERAL.—Subsection (b), and para5 graphs (2) and (3) of subsection (c), of section 9503

6 of such Code (relating to the Highway Trust Fund)

7 are each amended—

8 (A) by striking ‘‘2005’’ each place it ap9 pears and inserting ‘‘2011’’, and

10 (B) by striking ‘‘2006’’ each place it ap11 pears and inserting ‘‘2012’’.

12 (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX

13 TRANSFERS.—

14 (A) IN GENERAL.—Paragraphs (4)(A)(i)

15 and (5)(A) of section 9503(c) of such Code are

16 each amended by striking ‘‘2005’’ and inserting

17 ‘‘2011’’.

18 (B) CONFORMING AMENDMENTS TO LAND

19 AND WATER CONSERVATION FUND.—Section

20 201(b) of the Land and Water Conservation

21 Fund Act of 1965 (16 U.S.C. 460l–11(b)) is

22 amended—

23 (i) by striking ‘‘2003’’ and inserting

24 ‘‘2009’’, and
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1 (ii) by striking ‘‘2004’’ each place it

2 appears and inserting ‘‘2010’’.

3 (d) EXTENSION AND EXPANSION OF EXPENDITURES

4 FROM TRUST FUNDS.—

5 (1) HIGHWAY TRUST FUND.—

6 (A) HIGHWAY ACCOUNT.—Paragraph (1)

7 of section 9503(c) of such Code is amended—

8 (i) in the matter before subparagraph

9 (A), by striking ‘‘May 1, 2004’’ and insert10 ing ‘‘October 1, 2009’’,

11 (ii) by striking ‘‘or’’ at the end of sub12 paragraph (F),

13 (iii) by striking the period at the end

14 of subparagraph (G) and inserting ‘‘, or’’,

15 (iv) by inserting after subparagraph

16 (G), the following new subparagraph:

17 ‘‘(H) authorized to be paid out of the

18 Highway Trust Fund under the Transportation

19 Equity Act: A Legacy for Users.’’, and

20 (v) in the matter after subparagraph

21 (H), as added by clause (iv), by striking

22 ‘‘Surface Transportation Extension Act of

23 2004’’ and inserting ‘‘Transportation Eq24 uity Act: A Legacy for Users’’.
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1 (B) MASS TRANSIT ACCOUNT.—Paragraph

2 (3) of section 9503(e) of such Code is

3 amended—

4 (i) in the matter before subparagraph

5 (A), by striking ‘‘May 1, 2004’’ and insert6 ing ‘‘October 1, 2009’’,

7 (ii) in subparagraph (D), by striking

8 ‘‘or’’ at the end of such subparagraph,

9 (iii) in subparagraph (E), by inserting

10 ‘‘or’’ at the end of such subparagraph,

11 (iv) by inserting after subparagraph

12 (E) the following new subparagraph:

13 ‘‘(F) the Transportation Equity Act: A

14 Legacy for Users,’’, and

15 (v) in the matter after subparagraph

16 (F), as added by clause (iv), by striking

17 ‘‘Surface Transportation Extension Act of

18 2004’’ and inserting ‘‘Transportation Eq19 uity Act: A Legacy for Users’’.

20 (C) LIMITATION ON TRANSFERS.—Sub21 paragraph (B) of section 9503(b)(5) of such

22 Code is amended by striking ‘‘May 1, 2004’’

23 and inserting ‘‘October 1, 2009’’.

24 (2) AQUATIC RESOURCES TRUST FUND.—
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1 (A) SPORT FISH RESTORATION AC2 COUNT.—Paragraph (2) of section 9504(b) of

3 such Code is amended by striking ‘‘Surface

4 Transportation Extension Act of 2004’’ each

5 place it appears and inserting ‘‘Transportation

6 Equity Act: A Legacy for Users’’.

7 (B) BOAT SAFETY ACCOUNT.—Subsection

8 (c) of section 9504 of such Code is amended—

9 (i) by striking ‘‘May 1, 2004’’ and in10 serting ‘‘October 1, 2009’’, and

11 (ii) by striking ‘‘Surface Transpor12 tation Extension Act of 2004’’ and insert13 ing ‘‘Transportation Equity Act: A Legacy

14 for Users’’.

15 (C) EXCEPTION TO LIMITATION ON TRANS16 FERS.—Paragraph (2) of section 9504(d) of

17 such Code is amended by striking ‘‘May 1,

18 2004’’ and inserting ‘‘October 1, 2009’’.
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1 Subtitle B—Restructuring of

2 Incentives for Alcohol Fuels, Etc.

3 SEC. 9201. REDUCED RATES OF TAX ON GASOHOL RE4 PLACED WITH EXCISE TAX CREDIT; REPEAL

5 OF OTHER ALCOHOL-BASED FUEL INCEN6 TIVES; ETC.

7 (a) EXCISE TAX CREDIT FOR ALCOHOL FUEL MIX8 TURES.—

9 (1) IN GENERAL.—Subsection (f) of section

10 6427 is amended to read as follows:

11 ‘‘(f) ALCOHOL FUEL MIXTURES.—

12 ‘‘(1) IN GENERAL.—The amount of credit

13 which would (but for section 40(c)) be determined

14 under section 40(a)(1) for any period—

15 ‘‘(A) shall, with respect to taxable events

16 occurring during such period, be treated—

17 ‘‘(i) as a payment of the taxpayer’s li18 ability for tax imposed by section 4081,

19 and

20 ‘‘(ii) as received at the time of the

21 taxable event, and

22 ‘‘(B) to the extent such amount of credit

23 exceeds such liability for such period, shall (ex24 cept as provided in subsection (k)) be paid sub-
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1 ject to subsection (i)(3) by the Secretary with2 out interest.

3 ‘‘(2) SPECIAL RULES.—

4 ‘‘(A) ONLY CERTAIN ALCOHOL TAKEN

5 INTO ACCOUNT.—For purposes of paragraph

6 (1), section 40 shall be applied—

7 ‘‘(i) by not taking into account alcohol

8 with a proof of less than 190, and

9 ‘‘(ii) by treating as alcohol the alcohol

10 gallon equivalent of ethyl tertiary butyl

11 ether or other ethers produced from such

12 alcohol.

13 ‘‘(B) TREATMENT OFREFINERS.—For

14 purposes of paragraph (1), in the case of a

15 mixture—

16 ‘‘(i) the alcohol in which is described

17 in subparagraph (A)(ii), and

18 ‘‘(ii) which is produced by any person

19 at a refinery prior to any taxable event,

20 section 40 shall be applied by treating such per21 son as having sold such mixture at the time of

22 its removal from the refinery (and only at such

23 time) to another person for use as a fuel.

24 ‘‘(3) MIXTURES NOT USED AS FUEL.—Rules

25 similar to the rules of subparagraphs (A) and (D)
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1 of section 40(d)(3) shall apply for purposes of this

2 subsection.

3 ‘‘(4) TERMINATION.—This section shall apply

4 only to periods to which section 40 applies, deter5 mined by substituting in section 40(e)—

6 ‘‘(A) ‘December 31, 2010’ for ‘December

7 31, 2007’, and

8 ‘‘(B) ‘January 1, 2011’ for ‘January 1,

9 2008’.’’

10 (2) REVISION OFRULES FOR PAYMENT OF

11 CREDIT.—Paragraph (3) of section 6427(i) is

12 amended to read as follows:

13 ‘‘(3) SPECIAL RULE FOR ALCOHOL MIXTURE

14 CREDIT.—

15 ‘‘(A) IN GENERAL.—A claim may be filed

16 under subsection (f)(1)(B) by any person for

17 any period—

18 ‘‘(i) for which $200 or more is pay19 able under such subsection (f)(1)(B), and

20 ‘‘(ii) which is not less than 1 week.

21 In the case of an electronic claim, this subpara22 graph shall be applied without regard to clause

23 (i).

24 ‘‘(B) PAYMENT OFCLAIM.—Notwith25 standing subsection (f)(1)(B), if the Secretary
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1 has not paid pursuant to a claim filed under

2 this section within 45 days of the date of the

3 filing of such claim (20 days in the case of an

4 electronic claim), the claim shall be paid with

5 interest from such date determined by using the

6 overpayment rate and method under section

7 6621.

8 ‘‘(C) TIME FOR FILING CLAIM.—No claim

9 filed under this paragraph shall be allowed un10 less filed on or before the last day of the first

11 quarter following the earliest quarter included

12 in the claim.’’

13 (b) REPEAL OF OTHER INCENTIVES FOR FUEL MIX14 TURES.—

15 (1) Subsection (b) of section 4041 is amended

16 to read as follows:

17 ‘‘(b) EXEMPTION FOR OFF-HIGHWAY BUSINESS

18 USE.—

19 ‘‘(1) IN GENERAL.—No tax shall be imposed by

20 subsection (a) or (d)(1) on liquids sold for use or

21 used in an off-highway business use.

22 ‘‘(2) TAX WHERE OTHER USE.—If a liquid on

23 which no tax was imposed by reason of paragraph

24 (1) is used otherwise than in an off-highway busi25 ness use, a tax shall be imposed by paragraph
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1 (1)(B), (2)(B), or (3)(A)(ii) of subsection (a)

2 (whichever is appropriate) and by the corresponding

3 provision of subsection (d)(1) (if any).

4 ‘‘(3) OFF-HIGHWAY BUSINESS USE DEFINED.—

5 For purposes of this subsection, the term ‘off-high6 way business use’ has the meaning given to such

7 term by section 6421(e)(2); except that such term

8 shall not, for purposes of subsection (a)(1), include

9 use in a diesel-powered train.’’

10 (2) Section 4041(k) is hereby repealed.

11 (3) Section 4081(c) is hereby repealed.

12 (4) Section 4091(c) is hereby repealed.

13 (c) TRANSFERS TO HIGHWAY TRUST FUND.—Para14 graph (4) of section 9503(b) is amended by adding ‘‘or’’

15 at the end of subparagraph (B), by striking the comma

16 at the end of subparagraph (C) and inserting a period,

17 and by striking subparagraphs (D), (E), and (F).

18 (d) CONFORMING AMENDMENTS.—

19 (1) Subsection (c) of section 40 is amended to

20 read as follows:

21 ‘‘(c) COORDINATION WITH EXCISE TAX BENE22 FITS.—The amount of the credit determined under this

23 section with respect to any alcohol shall, under regulations

24 prescribed by the Secretary, be properly reduced to take
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1 into account the benefit provided with respect to such alco2 hol under section 6427(f).’’

3 (2) Subparagraph (B) of section 40(d)(4) is

4 amended by striking ‘‘under section 4041(k) or

5 4081(c)’’ and inserting ‘‘under section 6427(f)’’.

6 (e) EFFECTIVE DATES.—

7 (1) IN GENERAL.—Except as provided by para8 graph (2), the amendments made by this section

9 shall apply to fuel sold or used after September 30,

10 2004.

11 (2) SUBSECTION (c).—The amendments made

12 by subsection (c) shall apply to taxes imposed after

13 September 30, 2003.

14 SEC. 9202. ALCOHOL FUEL SUBSIDIES BORNE BY GENERAL

15 FUND.

16 (a) TRANSFERS TO FUND.—Section 9503(b)(1) is

17 amended by adding at the end the following new flush sen18 tence:

19 ‘‘For purposes of this paragraph, the amount of

20 taxes received under section 4081 shall include any

21 amount treated as a payment under section

22 6427(f)(1)(A) and shall not be reduced by the

23 amount paid under section 6427(f)(1)(B).’’.

24 (b) TRANSFERS FROM FUND.—Subparagraph (A) of

25 section 9503(c)(2) is amended by adding at the end the
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1 following new sentence: ‘‘Clauses (i)(III) and (ii) shall not

2 apply to claims under section 6427(f)(1)(B).’’

3 (c) EFFECTIVE DATE.—

4 (1) SUBSECTION (a).—The amendment made by

5 subsection (a) shall apply to taxes received after

6 September 30, 2004.

7 (2) SUBSECTION (b).—The amendment made by

8 subsection (b) shall apply to amounts paid after

9 September 30, 2004, and (to the extent related to

10 section 34 of the Internal Revenue Code of 1986) to

11 fuel used after such date.

12 Subtitle C—Reduction of Fuel Tax

13 Evasion

14 SEC. 9301. EXEMPTION FROM CERTAIN EXCISE TAXES FOR

15 MOBILE MACHINERY.

16 (a) EXEMPTION FROM TAX ON HEAVY TRUCKS AND

17 TRAILERS SOLD AT RETAIL.—

18 (1) IN GENERAL.—Section 4053 (relating to ex19 emptions) is amended by adding at the end the fol20 lowing new paragraph:

21 ‘‘(8) MOBILE MACHINERY.—Any vehicle which

22 consists of a chassis—

23 ‘‘(A) to which there has been permanently

24 mounted (by welding, bolting, riveting, or other

25 means) machinery or equipment to perform a
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1 construction, manufacturing, processing, farm2 ing, mining, drilling, timbering, or similar oper3 ation if the operation of the machinery or

4 equipment is unrelated to transportation on or

5 off the public highways,

6 ‘‘(B) which has been specially designed to

7 serve only as a mobile carriage and mount (and

8 a power source, where applicable) for the par9 ticular machinery or equipment involved, wheth10 er or not such machinery or equipment is in op11 eration, and

12 ‘‘(C) which, by reason of such special de13 sign, could not, without substantial structural

14 modification, be used as a component of a vehi15 cle designed to perform a function of trans16 porting any load other than that particular ma17 chinery or equipment or similar machinery or

18 equipment requiring such a specially designed

19 chassis.’’.

20 (2) EFFECTIVE DATE.—The amendment made

21 by this subsection shall take effect on the day after

22 the date of the enactment of this Act.

23 (b) EXEMPTION FROM TAX ON USE OF CERTAIN VE24 HICLES.—
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1 (1) IN GENERAL.—Section 4483 (relating to ex2 emptions) is amended by redesignating subsection

3 (g) as subsection (h) and by inserting after sub4 section (f) the following new subsection:

5 ‘‘(g) EXEMPTION FOR MOBILE MACHINERY.—No tax

6 shall be imposed by section 4481 on the use of any vehicle

7 described in section 4053(8).’’.

8 (2) EFFECTIVE DATE.—The amendments made

9 by this subsection shall take effect on the day after

10 the date of the enactment of this Act.

11 (c) EXEMPTION FROM TAX ON TIRES.—

12 (1) IN GENERAL.—Section 4072(b)(2) is

13 amended by adding at the end the following flush

14 sentence: ‘‘Such term shall not include tires of a

15 type used exclusively on vehicles described in section

16 4053(8).’’.

17 (2) EFFECTIVE DATE.—The amendment made

18 by this subsection shall take effect on the day after

19 the date of the enactment of this Act.

20 (d) REFUND OF FUEL TAXES.—

21 (1) IN GENERAL.—Section 6421(e)(2) (defining

22 off-highway business use) is amended by adding at

23 the end the following new subparagraph:

24 ‘‘(C) USES IN MOBILE MACHINERY.—
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1 ‘‘(i) IN GENERAL.—The term ‘off2 highway business use’ shall include any use

3 in a vehicle which meets the requirements

4 described in clause (ii).

5 ‘‘(ii) REQUIREMENTS FOR MOBILE

6 MACHINERY.—The requirements described

7 in this clause are—

8 ‘‘(I) the design-based test, and

9 ‘‘(II) the use-based test.

10 ‘‘(iii) DESIGN-BASED TEST.—For pur11 poses of clause (ii)(I), the design-based

12 test is met if the vehicle consists of a

13 chassis—

14 ‘‘(I) to which there has been per15 manently mounted (by welding, bolt16 ing, riveting, or other means) machin17 ery or equipment to perform a con18 struction, manufacturing, processing,

19 farming, mining, drilling, timbering,

20 or similar operation if the operation of

21 the machinery or equipment is unre22 lated to transportation on or off the

23 public highways,

24 ‘‘(II) which has been specially de25 signed to serve only as a mobile car-
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1 riage and mount (and a power source,

2 where applicable) for the particular

3 machinery or equipment involved,

4 whether or not such machinery or

5 equipment is in operation, and

6 ‘‘(III) which, by reason of such

7 special design, could not, without sub8 stantial structural modification, be

9 used as a component of a vehicle de10 signed to perform a function of trans11 porting any load other than that par12 ticular machinery or equipment or

13 similar machinery or equipment re14 quiring such a specially designed chas15 sis.

16 ‘‘(iv) USE-BASED TEST.—For pur17 poses of clause (ii)(II), the use-based test

18 is met if the use of the vehicle on public

19 highways was less than 7,500 miles during

20 the taxpayer’s taxable year.’’.

21 (2) NO TAX-FREE SALES.—Subsection (b) of

22 section 4082, as amended by section 9302, is

23 amended by inserting before the period at the end

24 ‘‘and such term shall not include any use described

25 in section 6421(e)(2)(C)’’.
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1 (3) ANNUAL REFUND OF TAX PAID.—Section

2 6427(i)(2) (relating to exceptions) is amended by

3 adding at the end the following new subparagraph:

4 ‘‘(C) NONAPPLICATION OFPARAGRAPH.—

5 This paragraph shall not apply to any fuel used

6 solely in any off-highway business use described

7 in section 6421(e)(2)(C).’’.

8 (4) EFFECTIVE DATE.—The amendments made

9 by this subsection shall apply to taxable years begin10 ning after the date of the enactment of this Act.

11 SEC. 9302. TAXATION OF AVIATION-GRADE KEROSENE.

12 (a) RATE OF TAX.—

13 (1) IN GENERAL.—Subparagraph (A) of section

14 4081(a)(2) is amended by striking ‘‘and’’ at the end

15 of clause (ii), by striking the period at the end of

16 clause (iii) and inserting ‘‘, and’’, and by adding at

17 the end the following new clause:

18 ‘‘(iv) in the case of aviation-grade ker19 osene, 21.8 cents per gallon.’’.

20 (2) COMMERCIAL AVIATION.—Paragraph (2) of

21 section 4081(a) is amended by adding at the end the

22 following new subparagraph:

23 ‘‘(C) TAXES IMPOSED ON FUEL USED IN

24 COMMERCIAL AVIATION.—In the case of avia25 tion-grade kerosene which is removed from any
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1 refinery or terminal directly into the fuel tank

2 of an aircraft for use in commercial aviation,

3 the rate of tax under subparagraph (A)(iv) shall

4 be 4.3 cents per gallon.’’.

5 (3) CERTAIN REFUELER TRUCKS, TANKERS,

6 AND TANK WAGONS TREATED AS TERMINAL.—Sub7 section (a) of section 4081 is amended by adding at

8 the end the following new paragraph:

9 ‘‘(3) CERTAIN REFUELER TRUCKS, TANKERS,

10 AND TANK WAGONS TREATED AS TERMINAL.—

11 ‘‘(A) IN GENERAL.—In the case of avia12 tion-grade kerosene which is removed from any

13 terminal directly into the fuel tank of an air14 craft (determined without regard to any re15 fueler truck, tanker, or tank wagon which meets

16 the requirements of subparagraph (B)), a re17 fueler truck, tanker, or tank wagon shall be

18 treated as part of such terminal if—

19 ‘‘(i) such truck, tanker, or wagon

20 meets the requirements of subparagraph

21 (B) with respect to an airport, and

22 ‘‘(ii) except in the case of exigent cir23 cumstances identified by the Secretary in

24 regulations, no vehicle registered for high-
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1 way use is loaded with aviation-grade ker2 osene at such terminal.

3 ‘‘(B) REQUIREMENTS.—A refueler truck,

4 tanker, or tank wagon meets the requirements

5 of this subparagraph with respect to an airport

6 if such truck, tanker, or wagon—

7 ‘‘(i) is loaded with aviation-grade ker8 osene at such terminal located within such

9 airport and delivers such kerosene only

10 into aircraft at such airport,

11 ‘‘(ii) has storage tanks, hose, and cou12 pling equipment designed and used for the

13 purposes of fueling aircraft,

14 ‘‘(iii) is not registered for highway

15 use, and

16 ‘‘(iv) is operated by—

17 ‘‘(I) the terminal operator of

18 such terminal, or

19 ‘‘(II) a person that makes a daily

20 accounting to such terminal operator

21 of each delivery of fuel from such

22 truck, tanker, or wagon.

23 ‘‘(C) REPORTING.—The Secretary shall re24 quire under section 4101(d) reporting by such

25 terminal operator of—
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1 ‘‘(i) any information obtained under

2 subparagraph (B)(iv)(II), and

3 ‘‘(ii) any similar information main4 tained by such terminal operator with re5 spect to deliveries of fuel made by trucks,

6 tankers, or wagons operated by such ter7 minal operator.’’.

8 (4) LIABILITY FOR TAX ON AVIATION-GRADE

9 KEROSENE USED IN COMMERCIAL AVIATION.—Sub10 section (a) of section 4081 is amended by adding at

11 the end the following new paragraph:

12 ‘‘(4) LIABILITY FOR TAX ON AVIATION-GRADE

13 KEROSENE USED IN COMMERCIAL AVIATION.—For

14 purposes of paragraph (2)(C), the person who uses

15 the fuel for commercial aviation shall pay the tax

16 imposed under such paragraph. For purposes of the

17 preceding sentence, fuel shall be treated as used

18 when such fuel is removed into the fuel tank.’’.

19 (5) NONTAXABLE USES.—

20 (A) IN GENERAL.—Section 4082 is amend21 ed by redesignating subsections (e) and (f) as

22 subsections (f) and (g), respectively, and by in23 serting after subsection (d) the following new

24 subsection:
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1 ‘‘(e) AVIATION-GRADE KEROSENE.—In the case of

2 aviation-grade kerosene which is exempt from the tax im3 posed by section 4041(c) (other than by reason of a prior

4 imposition of tax) and which is removed from any refinery

5 or terminal directly into the fuel tank of an aircraft, the

6 rate of tax under section 4081(a)(2)(A)(iv) shall be zero.’’.

7 (B) CONFORMING AMENDMENTS.—

8 (i) Subsection (b) of section 4082 is

9 amended by adding at the end the fol10 lowing new flush sentence:

11 ‘‘The term ‘nontaxable use’ does not include the use of

12 aviation-grade kerosene in an aircraft.’’.

13 (ii) Section 4082(d) is amended by

14 striking paragraph (1) and by redesig15 nating paragraphs (2) and (3) as para16 graphs (1) and (2), respectively.

17 (6) NONAIRCRAFT USE OF AVIATION-GRADE

18 KEROSENE.—

19 (A) IN GENERAL.—Subparagraph (B) of

20 section 4041(a)(1) is amended by adding at the

21 end the following new sentence: ‘‘This subpara22 graph shall not apply to aviation-grade ker23 osene.’’.

24 (B) CONFORMING AMENDMENT.—The

25 heading for paragraph (1) of section 4041(a) is
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1 amended by inserting ‘‘AND KEROSENE’’ after

2 ‘‘DIESEL FUEL’’.

3 (b) COMMERCIAL AVIATION.—Section 4083 is

4 amended by redesignating subsections (b) and (c) as sub5 sections (c) and (d), respectively, and by inserting after

6 subsection (a) the following new subsection:

7 ‘‘(b) COMMERCIAL AVIATION.—For purposes of this

8 subpart, the term ‘commercial aviation’ means any use of

9 an aircraft in a business of transporting persons or prop10 erty for compensation or hire by air, unless properly allo11 cable to any transportation exempt from the taxes imposed

12 by sections 4261 and 4271 by reason of section 4281 or

13 4282 or by reason of section 4261(h).’’.

14 (c) REFUNDS.—

15 (1) IN GENERAL.—Paragraph (4) of section

16 6427(l) is amended to read as follows:

17 ‘‘(4) REFUNDS FOR AVIATION-GRADE KER18 OSENE.—

19 ‘‘(A) NO REFUND OF CERTAIN TAXES ON

20 FUEL USED IN COMMERCIAL AVIATION.—In the

21 case of aviation-grade kerosene used in com22 mercial aviation (as defined in section 4083(b))

23 (other than supplies for vessels or aircraft with24 in the meaning of section 4221(d)(3)), para-
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1 graph (1) shall not apply to so much of the tax

2 imposed by section 4081 as is attributable to—

3 ‘‘(i) the Leaking Underground Stor4 age Tank Trust Fund financing rate im5 posed by such section, and

6 ‘‘(ii) so much of the rate of tax speci7 fied in section 4081(a)(2)(A)(iv) as does

8 not exceed 4.3 cents per gallon.

9 ‘‘(B) PAYMENT TO ULTIMATE, REG10 ISTERED VENDOR.—With respect to aviation11 grade kerosene, if the ultimate purchaser of

12 such kerosene waives (at such time and in such

13 form and manner as the Secretary shall pre14 scribe) the right to payment under paragraph

15 (1) and assigns such right to the ultimate ven16 dor, then the Secretary shall pay the amount

17 which would be paid under paragraph (1) to

18 such ultimate vendor, but only if such ultimate

19 vendor—

20 ‘‘(i) is registered under section 4101,

21 and

22 ‘‘(ii) meets the requirements of sub23 paragraph (A), (B), or (D) of section

24 6416(a)(1).’’.
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1 (2) TIME FOR FILING CLAIMS.—Subparagraph

2 (A) of section 6427(i)(4) is amended—

3 (A) by striking ‘‘subsection (l)(5)’’ both

4 places it appears and inserting ‘‘paragraph

5 (4)(B) or (5) of subsection (l)’’, and

6 (B) by striking ‘‘the preceding sentence’’

7 and inserting ‘‘subsection (l)(5)’’.

8 (3) CONFORMING AMENDMENT.—Subparagraph

9 (B) of section 6427(l)(2) is amended to read as fol10 lows:

11 ‘‘(B) in the case of aviation-grade

12 kerosene—

13 ‘‘(i) any use which is exempt from the

14 tax imposed by section 4041(c) other than

15 by reason of a prior imposition of tax, or

16 ‘‘(ii) any use in commercial aviation

17 (within the meaning of section 4083(b)).’’.

18 (d) REPEAL OF PRIOR TAXATION OF AVIATION

19 FUEL.—

20 (1) IN GENERAL.—Part III of subchapter A of

21 chapter 32 is amended by striking subpart B and by

22 redesignating subpart C as subpart B.

23 (2) CONFORMING AMENDMENTS.—

24 (A) Section 4041(c) is amended to read as

25 follows:
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1 ‘‘(c) AVIATION-GRADE KEROSENE.—

2 ‘‘(1) IN GENERAL.—There is hereby imposed a

3 tax upon aviation-grade kerosene—

4 ‘‘(A) sold by any person to an owner, les5 see, or other operator of an aircraft for use in

6 such aircraft, or

7 ‘‘(B) used by any person in an aircraft un8 less there was a taxable sale of such fuel under

9 subparagraph (A).

10 ‘‘(2) EXEMPTION FOR PREVIOUSLY TAXED

11 FUEL.—No tax shall be imposed by this subsection

12 on the sale or use of any aviation-grade kerosene if

13 tax was imposed on such liquid under section 4081

14 and the tax thereon was not credited or refunded.

15 ‘‘(3) RATE OFTAX.—The rate of tax imposed

16 by this subsection shall be the rate of tax specified

17 in section 4081(a)(2)(A)(iv) which is in effect at the

18 time of such sale or use.’’.

19 (B) Section 4041(d)(2) is amended by

20 striking ‘‘section 4091’’ and inserting ‘‘section

21 4081’’.

22 (C) Section 4041 is amended by striking

23 subsection (e).

24 (D) Section 4041 is amended by striking

25 subsection (i).
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1 (E) Sections 4101(a), 4103, 4221(a), and

2 6206 are each amended by striking ‘‘, 4081, or

3 4091’’ and inserting ‘‘or 4081’’.

4 (F) Section 6416(b)(2) is amended by

5 striking ‘‘4091 or’’.

6 (G) Section 6416(b)(3) is amended by

7 striking ‘‘or 4091’’ each place it appears.

8 (H) Section 6416(d) is amended by strik9 ing ‘‘or to the tax imposed by section 4091 in

10 the case of refunds described in section

11 4091(d)’’.

12 (I) Section 6427(j)(1) is amended by strik13 ing ‘‘, 4081, and 4091’’ and inserting ‘‘and

14 4081’’.

15 (J)(i) Section 6427(l)(1) is amended to

16 read as follows:

17 ‘‘(1) IN GENERAL.—Except as otherwise pro18 vided in this subsection and in subsection (k), if any

19 diesel fuel or kerosene on which tax has been im20 posed by section 4041 or 4081 is used by any person

21 in a nontaxable use, the Secretary shall pay (without

22 interest) to the ultimate purchaser of such fuel an

23 amount equal to the aggregate amount of tax im24 posed on such fuel under section 4041 or 4081, as
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1 the case may be, reduced by any payment made to

2 the ultimate vendor under paragraph (4)(B).’’.

3 (ii) Paragraph (5)(B) of section 6427(l) is

4 amended by striking ‘‘Paragraph (1)(A) shall

5 not apply to kerosene’’ and inserting ‘‘Para6 graph (1) shall not apply to kerosene (other

7 than aviation-grade kerosene)’’.

8 (K) Subparagraph (B) of section

9 6724(d)(1) is amended by striking clause (xv)

10 and by redesignating the succeeding clauses ac11 cordingly.

12 (L) Paragraph (2) of section 6724(d) is

13 amended by striking subparagraph (W) and by

14 redesignating the succeeding subparagraphs ac15 cordingly.

16 (M) Paragraph (1) of section 9502(b) is

17 amended by adding ‘‘and’’ at the end of sub18 paragraph (B) and by striking subparagraphs

19 (C) and (D) and inserting the following new

20 subparagraph:

21 ‘‘(C) section 4081 with respect to aviation

22 gasoline and aviation-grade kerosene, and’’.

23 (N) The last sentence of section 9502(b) is

24 amended to read as follows:
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1 ‘‘There shall not be taken into account under paragraph

2 (1) so much of the taxes imposed by section 4081 as are

3 determined at the rate specified in section

4 4081(a)(2)(B).’’.

5 (O) Subsection (b) of section 9508 is

6 amended by striking paragraph (3) and by re7 designating paragraphs (4) and (5) as para8 graphs (3) and (4), respectively.

9 (P) Section 9508(c)(2)(A) is amended by

10 striking ‘‘sections 4081 and 4091’’ and insert11 ing ‘‘section 4081’’.

12 (Q) The table of subparts for part III of

13 subchapter A of chapter 32 is amended to read

14 as follows:

‘‘Subpart A. Motor and aviation fuels.

‘‘Subpart B. Special provisions applicable to fuels tax.’’.

15 (R) The heading for subpart A of part III

16 of subchapter A of chapter 32 is amended to

17 read as follows:

18 ‘‘Subpart A—Motor and Aviation Fuels’’.

19 (S) The heading for subpart B of part III

20 of subchapter A of chapter 32, as redesignated

21 by paragraph (1), is amended to read as fol22 lows:
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1 ‘‘Subpart B—Special Provisions Applicable to Fuels

2 Tax’’.

3 (e) EFFECTIVE DATE.—The amendments made by

4 this section shall apply to aviation-grade kerosene re5 moved, entered, or sold after September 30, 2004.

6 (f) FLOOR STOCKS TAX.—

7 (1) IN GENERAL.—There is hereby imposed on

8 aviation-grade kerosene held on October 1, 2004, by

9 any person a tax equal to—

10 (A) the tax which would have been imposed

11 before such date on such kerosene had the

12 amendments made by this section been in effect

13 at all times before such date, reduced by

14 (B) the tax imposed before such date

15 under section 4091 of the Internal Revenue

16 Code of 1986, as in effect on the day before the

17 date of the enactment of this Act.

18 (2) LIABILITY FOR TAX AND METHOD OF PAY19 MENT.—

20 (A) LIABILITY FOR TAX.—The person

21 holding the kerosene on October 1, 2004, to

22 which the tax imposed by paragraph (1) applies

23 shall be liable for such tax.

24 (B) METHOD AND TIME FOR PAYMENT.—

25 The tax imposed by paragraph (1) shall be paid

26 at such time and in such manner as the Sec-
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1 retary of the Treasury (or the Secretary’s dele2 gate) shall prescribe, including the nonapplica3 tion of such tax on de minimis amounts of ker4 osene.

5 (3) TRANSFER OF FLOOR STOCK TAX REVE6 NUES TO TRUST FUNDS.—For purposes of deter7 mining the amount transferred to any trust fund,

8 the tax imposed by this subsection shall be treated

9 as imposed by section 4081 of the Internal Revenue

10 Code of 1986—

11 (A) at the Leaking Underground Storage

12 Tank Trust Fund financing rate under such

13 section to the extent of 0.1 cents per gallon,

14 and

15 (B) at the rate under section

16 4081(a)(2)(A)(iv) to the extent of the remain17 der.

18 (4) HELD BY A PERSON.—For purposes of this

19 section, kerosene shall be considered as held by a

20 person if title thereto has passed to such person

21 (whether or not delivery to the person has been

22 made).

23 (5) OTHER LAWS APPLICABLE.—All provisions

24 of law, including penalties, applicable with respect to

25 the tax imposed by section 4081 of such Code shall,
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1 insofar as applicable and not inconsistent with the

2 provisions of this subsection, apply with respect to

3 the floor stock tax imposed by paragraph (1) to the

4 same extent as if such tax were imposed by such

5 section.

6 SEC. 9303. DYE INJECTION EQUIPMENT.

7 (a) IN GENERAL.—Section 4082(a)(2) (relating to

8 exemptions for diesel fuel and kerosene) is amended by

9 inserting ‘‘by mechanical injection’’ after ‘‘indelibly dyed’’.

10 (b) DYE INJECTOR SECURITY.—Not later than 180

11 days after the date of the enactment of this Act, the Sec12 retary of the Treasury shall issue regulations regarding

13 mechanical dye injection systems described in the amend14 ment made by subsection (a), and such regulations shall

15 include standards for making such systems tamper resist16 ant.

17 (c) PENALTY FOR TAMPERING WITH OR FAILING TO

18 MAINTAIN SECURITY REQUIREMENTS FOR MECHANICAL

19 DYE INJECTION SYSTEMS.—

20 (1) IN GENERAL.—Part I of subchapter B of

21 chapter 68 (relating to assessable penalties) is

22 amended by adding after section 6715 the following

23 new section:
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1 ‘‘SEC. 6715A. TAMPERING WITH OR FAILING TO MAINTAIN

2 SECURITY REQUIREMENTS FOR MECHAN3 ICAL DYE INJECTION SYSTEMS.

4 ‘‘(a) IMPOSITION OF PENALTY—

5 ‘‘(1) TAMPERING.—If any person tampers with

6 a mechanical dye injection system used to indelibly

7 dye fuel for purposes of section 4082, such person

8 shall pay a penalty in addition to the tax (if any).

9 ‘‘(2) FAILURE TO MAINTAIN SECURITY RE10 QUIREMENTS.—If any operator of a mechanical dye

11 injection system used to indelibly dye fuel for pur12 poses of section 4082 fails to maintain the security

13 standards for such system as established by the Sec14 retary, then such operator shall pay a penalty in ad15 dition to the tax (if any).

16 ‘‘(b) AMOUNT OF PENALTY.—The amount of the

17 penalty under subsection (a) shall be—

18 ‘‘(1) for each violation described in paragraph

19 (1), the greater of—

20 ‘‘(A) $25,000, or

21 ‘‘(B) $10 for each gallon of fuel involved,

22 and

23 ‘‘(2) for each—

24 ‘‘(A) failure to maintain security standards

25 described in paragraph (2), $1,000, and
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1 ‘‘(B) failure to correct a violation described

2 in paragraph (2), $1,000 per day for each day

3 after which such violation was discovered or

4 such person should have reasonably known of

5 such violation.

6 ‘‘(c) JOINT AND SEVERAL LIABILITY.—

7 ‘‘(1) IN GENERAL.—If a penalty is imposed

8 under this section on any business entity, each offi9 cer, employee, or agent of such entity or other con10 tracting party who willfully participated in any act

11 giving rise to such penalty shall be jointly and sever12 ally liable with such entity for such penalty.

13 ‘‘(2) AFFILIATED GROUPS.—If a business entity

14 described in paragraph (1) is part of an affiliated

15 group (as defined in section 1504(a)), the parent

16 corporation of such entity shall be jointly and sever17 ally liable with such entity for the penalty imposed

18 under this section.’’.

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions for part I of subchapter B of chapter 68 is

21 amended by adding after the item related to section

22 6715 the following new item:

‘‘Sec. 6715A. Tampering with or failing to maintain security requirements for mechanical dye injection systems.’’.

23 (d) EFFECTIVE DATE.—The amendments made by

24 subsections (a) and (c) shall take effect on the 180th day
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1 after the date on which the Secretary issues the regula2 tions described in subsection (b).

3 SEC. 9304. AUTHORITY TO INSPECT ON-SITE RECORDS.

4 (a) IN GENERAL.—Section 4083(d)(1)(A) (relating

5 to administrative authority), as previously amended by

6 this Act, is amended by striking ‘‘and’’ at the end of clause

7 (i) and by inserting after clause (ii) the following new

8 clause:

9 ‘‘(iii) inspecting any books and

10 records and any shipping papers pertaining

11 to such fuel, and’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 this section shall take effect on the date of the enactment

14 of this Act.

15 SEC. 9305. REGISTRATION OF PIPELINE OR VESSEL OPERA16 TORS REQUIRED FOR EXEMPTION OF BULK

17 TRANSFERS TO REGISTERED TERMINALS OR

18 REFINERIES.

19 (a) IN GENERAL.—Section 4081(a)(1)(B) (relating

20 to exemption for bulk transfers to registered terminals or

21 refineries) is amended—

22 (1) by inserting ‘‘by pipeline or vessel’’ after

23 ‘‘transferred in bulk’’, and

24 (2) by inserting ‘‘, the operator of such pipeline

25 or vessel,’’ after ‘‘the taxable fuel’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on October 1, 2004.

3 (c) PUBLICATION OF REGISTERED PERSONS.—Be4 ginning on July 1, 2004, the Secretary of the Treasury

5 (or the Secretary’s delegate) shall periodically publish a

6 current list of persons registered under section 4101 of

7 the Internal Revenue Code of 1986 who are required to

8 register under such section.

9 SEC. 9306. DISPLAY OF REGISTRATION.

10 (a) IN GENERAL.—Subsection (a) of section 4101

11 (relating to registration) is amended—

12 (1) by striking ‘‘Every’’ and inserting the fol13 lowing:

14 ‘‘(1) IN GENERAL.—Every’’, and

15 (2) by adding at the end the following new

16 paragraph:

17 ‘‘(2) DISPLAY OFREGISTRATION.—Every oper18 ator of a vessel required by the Secretary to register

19 under this section shall display proof of registration

20 through an electronic identification device prescribed

21 by the Secretary on each vessel used by such oper22 ator to transport any taxable fuel.’’.

23 (b) CIVIL PENALTY FOR FAILURE TO DISPLAY REG24 ISTRATION.—
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1 (1) IN GENERAL.—Part I of subchapter B of

2 chapter 68 (relating to assessable penalties) is

3 amended by inserting after section 6716 the fol4 lowing new section:

5 ‘‘SEC. 6717. FAILURE TO DISPLAY TAX REGISTRATION ON

6 VESSELS.

7 ‘‘(a) FAILURE TO DISPLAY REGISTRATION.—Every

8 operator of a vessel who fails to display proof of registra9 tion pursuant to section 4101(a)(2) shall pay a penalty

10 of $500 for each such failure. With respect to any vessel,

11 only one penalty shall be imposed by this section during

12 any calendar month.

13 ‘‘(b) MULTIPLE VIOLATIONS.—In determining the

14 penalty under subsection (a) on any person, subsection (a)

15 shall be applied by increasing the amount in subsection

16 (a) by the product of such amount and the aggregate num17 ber of penalties (if any) imposed with respect to prior

18 months by this section on such person (or a related person

19 or any predecessor of such person or related person).

20 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty

21 shall be imposed under this section with respect to any

22 failure if it is shown that such failure is due to reasonable

23 cause.’’.

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions for part I of subchapter B of chapter 68 is
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1 amended by inserting after the item relating to sec2 tion 6716 the following new item:

‘‘Sec. 6717. Failure to display tax registration on vessels.’’.

3 (c) EFFECTIVE DATES.—

4 (1) SUBSECTION (a).—The amendments made

5 by subsection (a) shall take effect on October 1,

6 2004.

7 (2) SUBSECTION (b).—The amendments made

8 by subsection (b) shall apply to penalties imposed

9 after September 30, 2004.

10 SEC. 9307. PENALTIES FOR FAILURE TO REGISTER AND

11 FAILURE TO REPORT.

12 (a) INCREASED PENALTY.—Subsection (a) of section

13 7272 (relating to penalty for failure to register) is amend14 ed by inserting ‘‘($10,000 in the case of a failure to reg15 ister under section 4101)’’ after ‘‘$50’’.

16 (b) INCREASED CRIMINAL PENALTY.—Section 7232

17 (relating to failure to register under section 4101, false

18 representations of registration status, etc.) is amended by

19 striking ‘‘$5,000’’ and inserting ‘‘$10,000’’.

20 (c) ASSESSABLE PENALTY FOR FAILURE TO REG21 ISTER.—

22 (1) IN GENERAL.—Part I of subchapter B of

23 chapter 68 (relating to assessable penalties) is

24 amended by inserting after section 6717 the fol25 lowing new section:
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1 ‘‘SEC. 6718. FAILURE TO REGISTER.

2 ‘‘(a) FAILURE TO REGISTER.—Every person who is

3 required to register under section 4101 and fails to do

4 so shall pay a penalty in addition to the tax (if any).

5 ‘‘(b) AMOUNT OF PENALTY.—The amount of the

6 penalty under subsection (a) shall be—

7 ‘‘(1) $10,000 for each initial failure to register,

8 and

9 ‘‘(2) $1,000 for each day thereafter such person

10 fails to register.

11 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty

12 shall be imposed under this section with respect to any

13 failure if it is shown that such failure is due to reasonable

14 cause.’’.

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions for part I of subchapter B of chapter 68 is

17 amended by inserting after the item relating to sec18 tion 6717 the following new item:

‘‘Sec. 6718. Failure to register.’’.

19 (d) ASSESSABLE PENALTY FOR FAILURE TO RE20 PORT.—

21 (1) IN GENERAL.—Part II of subchapter B of

22 chapter 68 (relating to assessable penalties) is

23 amended by adding at the end the following new sec24 tion:
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1 ‘‘SEC. 6725. FAILURE TO REPORT INFORMATION UNDER

2 SECTION 4101.

3 ‘‘(a) IN GENERAL.—In the case of each failure de4 scribed in subsection (b) by any person with respect to

5 a vessel or facility, such person shall pay a penalty of

6 $10,000 in addition to the tax (if any).

7 ‘‘(b) FAILURES SUBJECT TO PENALTY.—For pur8 poses of subsection (a), the failures described in this sub9 section are—

10 ‘‘(1) any failure to make a report under section

11 4101(d) on or before the date prescribed therefor,

12 and

13 ‘‘(2) any failure to include all of the informa14 tion required to be shown on such report or the in15 clusion of incorrect information.

16 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty

17 shall be imposed under this section with respect to any

18 failure if it is shown that such failure is due to reasonable

19 cause.’’.

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions for part II of subchapter B of chapter 68 is

22 amended by adding at the end the following new

23 item:

‘‘Sec. 6725. Failure to report information under section 4101.’’.
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1 (e) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to penalties imposed after Sep3 tember 30, 2004.

4 SEC. 9308. COLLECTION FROM CUSTOMS BOND WHERE IM5 PORTER NOT REGISTERED.

6 (a) TAX AT POINT OF ENTRY WHERE IMPORTER

7 NOT REGISTERED.—Subpart B of part III of subchapter

8 A of chapter 32, as redesignated by section 9302(d), is

9 amended by adding after section 4103 the following new

10 section:

11 ‘‘SEC. 4104. COLLECTION FROM CUSTOMS BOND WHERE IM12 PORTER NOT REGISTERED.

13 ‘‘(a) IN GENERAL.—The importer of record shall be

14 jointly and severally liable for the tax imposed by section

15 4081(a)(1)(A)(iii) if, under regulations prescribed by the

16 Secretary, any other person that is not a person who is

17 registered under section 4101 is liable for such tax.

18 ‘‘(b) COLLECTION FROM CUSTOMS BOND.—If any

19 tax for which any importer of record is liable under sub20 section (a), or for which any importer of record that is

21 not a person registered under section 4101 is otherwise

22 liable, is not paid on or before the last date prescribed

23 for payment, the Secretary may collect such tax from the

24 Customs bond posted with respect to the importation of

25 the taxable fuel to which the tax relates. For purposes of
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1 determining the jurisdiction of any court of the United

2 States or any agency of the United States, any action by

3 the Secretary described in the preceding sentence shall be

4 treated as an action to collect the tax from a bond de5 scribed in section 4101(b)(1) and not as an action to col6 lect from a bond relating to the importation of merchan7 dise.’’.

8 (b) CONFORMING AMENDMENT.—The table of sec9 tions for subpart B of part III of subchapter A of chapter

10 32, as redesignated by section 9302(d), is amended by

11 adding after the item related to section 4103 the following

12 new item:

‘‘Sec. 4104. Collection from Customs bond where importer not

registered.’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall apply with respect to fuel entered after

15 September 30, 2004.

16 SEC. 9309. MODIFICATIONS OF TAX ON USE OF CERTAIN VE17 HICLES.

18 (a) PRORATION OF TAX WHERE VEHICLE SOLD.—

19 (1) IN GENERAL.—Subparagraph (A) of section

20 4481(c)(2) (relating to where vehicle destroyed or

21 stolen) is amended by striking ‘‘destroyed or stolen’’

22 both places it appears and inserting ‘‘sold, de23 stroyed, or stolen’’.
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1 (2) CONFORMING AMENDMENT.—The heading

2 for section 4481(c)(2) is amended by striking ‘‘DE3 STROYED OR STOLEN’’ and inserting ‘‘SOLD, DE4 STROYED, OR STOLEN’’.

5 (b) REPEAL OF INSTALLMENT PAYMENT.—

6 (1) Section 6156 (relating to installment pay7 ment of tax on use of highway motor vehicles) is re8 pealed.

9 (2) The table of sections for subchapter A of

10 chapter 62 is amended by striking the item relating

11 to section 6156.

12 (c) ELECTRONIC FILING.—Section 4481 is amended

13 by redesignating subsection (e) as subsection (f) and by

14 inserting after subsection (d) the following new subsection:

15 ‘‘(e) ELECTRONIC FILING.—Any taxpayer who files

16 a return under this section with respect to 25 or more

17 vehicles for any taxable period shall file such return elec18 tronically.’’.

19 (d) REPEAL OF REDUCTION IN TAX FOR CERTAIN

20 TRUCKS.—Section 4483 is amended by striking subsection

21 (f).

22 (e) EFFECTIVE DATE.—The amendments made by

23 this section shall apply to taxable periods beginning after

24 the date of the enactment of this Act.
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1 SEC. 9310. MODIFICATION OF ULTIMATE VENDOR REFUND

2 CLAIMS WITH RESPECT TO FARMING.

3 (a) IN GENERAL.—

4 (1) REFUNDS.—Section 6427(l) is amended by

5 adding at the end the following new paragraph:

6 ‘‘(6) REGISTERED VENDORS PERMITTED TO AD7 MINISTER CERTAIN CLAIMS FOR REFUND OF DIESEL

8 FUEL AND KEROSENE SOLD TO FARMERS.—

9 ‘‘(A) IN GENERAL.—In the case of diesel

10 fuel or kerosene used on a farm for farming

11 purposes (within the meaning of section

12 6420(c)), paragraph (1) shall not apply to the

13 aggregate amount of such diesel fuel or ker14 osene if such amount does not exceed 250 gal15 lons (as determined under subsection

16 (i)(5)(A)(iii)).

17 ‘‘(B) PAYMENT TO ULTIMATE VENDOR.—

18 The amount which would (but for subparagraph

19 (A)) have been paid under paragraph (1) with

20 respect to any fuel shall be paid to the ultimate

21 vendor of such fuel, if such vendor—

22 ‘‘(i) is registered under section 4101,

23 and

24 ‘‘(ii) meets the requirements of sub25 paragraph (A), (B), or (D) of section

26 6416(a)(1).’’.
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1 (2) FILING OFCLAIMS.—Section 6427(i) is

2 amended by inserting at the end the following new

3 paragraph:

4 ‘‘(5) SPECIAL RULE FOR VENDOR REFUNDS

5 WITH RESPECT TO FARMERS.—

6 ‘‘(A) IN GENERAL.—A claim may be filed

7 under subsection (l)(6) by any person with re8 spect to fuel sold by such person for any

9 period—

10 ‘‘(i) for which $200 or more ($100 or

11 more in the case of kerosene) is payable

12 under subsection (l)(6),

13 ‘‘(ii) which is not less than 1 week,

14 and

15 ‘‘(iii) which is for not more than 250

16 gallons for each farmer for which there is

17 a claim.

18 Notwithstanding subsection (l)(1), paragraph

19 (3)(B) shall apply to claims filed under the pre20 ceding sentence.

21 ‘‘(B) TIME FOR FILING CLAIM.—No claim

22 filed under this paragraph shall be allowed un23 less filed on or before the last day of the first

24 quarter following the earliest quarter included

25 in the claim.’’.
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1 (3) CONFORMING AMENDMENTS.—

2 (A) Section 6427(l)(5)(A) is amended to

3 read as follows:

4 ‘‘(A) IN GENERAL.—Paragraph (1) shall

5 not apply to diesel fuel or kerosene used by a

6 State or local government.’’.

7 (B) The heading for section 6427(l)(5) is

8 amended by striking ‘‘FARMERS AND’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 this section shall apply to fuels sold for nontaxable use

11 after the date of the enactment of this Act.

12 SEC. 9311. DEDICATION OF REVENUES FROM CERTAIN PEN13 ALTIES TO THE HIGHWAY TRUST FUND.

14 (a) IN GENERAL.—Subsection (b) of section 9503

15 (relating to transfer to Highway Trust Fund of amounts

16 equivalent to certain taxes) is amended by redesignating

17 paragraph (5) as paragraph (6) and inserting after para18 graph (4) the following new paragraph:

19 ‘‘(5) CERTAIN PENALTIES.—There are hereby

20 appropriated to the Highway Trust Fund amounts

21 equivalent to the penalties paid under sections 6715,

22 6715A, 6717, 6718, 6725, 7232, and 7272 (but only

23 with regard to penalties under such section related

24 to failure to register under section 4101).’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) The heading of subsection (b) of section

2 9503 is amended by inserting ‘‘AND PENALTIES’’

3 after ‘‘TAXES’’.

4 (2) The heading of paragraph (1) of section

5 9503(b) is amended by striking ‘‘IN GENERAL’’ and

6 inserting ‘‘CERTAIN TAXES’’.

7 (c) EFFECTIVE DATE.—The amendments made by

8 this section shall apply to penalties assessed after October

9 1, 2004.

10 Subtitle D—Other Excise Tax

11 Provisions

12 SEC. 9401. TAXABLE FUEL REFUNDS FOR CERTAIN ULTI13 MATE VENDORS.

14 (a) IN GENERAL.—Paragraph (4) of section 6416(a)

15 (relating to abatements, credits, and refunds) is amended

16 to read as follows:

17 ‘‘(4) REGISTERED ULTIMATE VENDOR TO AD18 MINISTER CREDITS AND REFUNDS OF GASOLINE

19 TAX.—

20 ‘‘(A) IN GENERAL.—For purposes of this

21 subsection, if an ultimate vendor purchases any

22 gasoline on which tax imposed by section 4081

23 has been paid and sells such gasoline to an ulti24 mate purchaser described in subparagraph (C)

25 or (D) of subsection (b)(2) (and such gasoline
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1 is for a use described in such subparagraph),

2 such ultimate vendor shall be treated as the

3 person (and the only person) who paid such tax,

4 but only if such ultimate vendor is registered

5 under section 4101. For purposes of this sub6 paragraph, if the sale of gasoline is made by

7 means of a credit card, the person extending

8 the credit to the ultimate purchaser shall be

9 deemed to be the ultimate vendor.

10 ‘‘(B) TIMING OFCLAIMS.—The procedure

11 and timing of any claim under subparagraph

12 (A) shall be the same as for claims under sec13 tion 6427(i)(4), except that the rules of section

14 6427(i)(3)(B) regarding electronic claims shall

15 not apply unless the ultimate vendor has cer16 tified to the Secretary for the most recent quar17 ter of the taxable year that all ultimate pur18 chasers of the vendor covered by such claim are

19 certified and entitled to a refund under sub20 paragraph (C) or (D) of subsection (b)(2).’’.

21 (b) CREDIT CARD PURCHASES OF DIESEL FUEL OR

22 KEROSENE BY STATE AND LOCAL GOVERNMENTS.—Sec23 tion 6427(l)(5)(C) (relating to nontaxable uses of diesel

24 fuel, kerosene, and aviation fuel) is amended by adding

25 at the end the following new flush sentence: ‘‘For purposes
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1 of this subparagraph, if the sale of diesel fuel or kerosene

2 is made by means of a credit card, the person extending

3 the credit to the ultimate purchaser shall be deemed to

4 be the ultimate vendor.’’.

5 (c) EFFECTIVE DATE.—The amendments made by

6 this section shall take effect on October 1, 2004.

7 SEC. 9402. TWO-PARTY EXCHANGES.

8 (a) IN GENERAL.—Subpart B of part III of sub9 chapter A of chapter 32, as amended by this Act, is

10 amended by adding after section 4104 the following new

11 section:

12 ‘‘SEC. 4105. TWO-PARTY EXCHANGES.

13 ‘‘(a) IN GENERAL.—In a two-party exchange, the de14 livering person shall not be liable for the tax imposed

15 under section 4081(a)(1)(A)(ii).

16 ‘‘(b) TWO-PARTY EXCHANGE.—The term ‘two-party

17 exchange’ means a transaction, other than a sale, in which

18 taxable fuel is transferred from a delivering person reg19 istered under section 4101 as a taxable fuel registrant fuel

20 to a receiving person who is so registered where all of the

21 following occur:

22 ‘‘(1) The transaction includes a transfer from

23 the delivering person, who holds the inventory posi24 tion for taxable fuel in the terminal as reflected in

25 the records of the terminal operator.
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1 ‘‘(2) The exchange transaction occurs before or

2 contemporaneous with completion of removal across

3 the rack from the terminal by the receiving person.

4 ‘‘(3) The terminal operator in its books and

5 records treats the receiving person as the person

6 that removes the taxable fuel across the terminal

7 rack for purposes of reporting the transaction to the

8 Secretary.

9 ‘‘(4) The transaction is the subject of a written

10 contract.’’.

11 (b) CONFORMING AMENDMENT.—The table of sec12 tions for subpart B of part III of subchapter A of chapter

13 32, as amended by this Act, is amended by adding after

14 the item relating to section 4104 the following new item:

‘‘Sec. 4105. Two-party exchanges.’’.

15 (c) EFFECTIVE DATE.—The amendment made by

16 this section shall take effect on the date of the enactment

17 of this Act.

18 SEC. 9403. SIMPLIFICATION OF TAX ON TIRES.

19 (a) IN GENERAL.—Subsection (a) of section 4071 is

20 amended to read as follows:

21 ‘‘(a) IMPOSITION AND RATE OF TAX.—There is here22 by imposed on taxable tires sold by the manufacturer, pro23 ducer, or importer thereof a tax at the rate of 9.4 cents

24 (4.7 cents in the case of a biasply tire) for each 10 pounds
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1 so much of the maximum rated load capacity thereof as

2 exceeds 3,500 pounds.’’

3 (b) TAXABLE TIRE.—Section 4072 is amended by re4 designating subsections (a) and (b) as subsections (b) and

5 (c), respectively, and by inserting before subsection (b) (as

6 so redesignated) the following new subsection:

7 ‘‘(a) TAXABLE TIRE.—For purposes of this chapter,

8 the term ‘taxable tire’ means any tire of the type used

9 on highway vehicles if wholly or in part made of rubber

10 and if marked pursuant to Federal regulations for high11 way use.’’

12 (c) EXEMPTION FOR TIRES SOLD TO DEPARTMENT

13 OF DEFENSE.—Section 4073 is amended to read as fol14 lows:

15 ‘‘SEC. 4073. EXEMPTIONS.

16 ‘‘The tax imposed by section 4071 shall not apply to

17 tires sold for the exclusive use of the Department of De18 fense or the Coast Guard.’’

19 (d) CONFORMING AMENDMENTS.—

20 (1) Section 4071 is amended by striking sub21 section (c) and by moving subsection (e) after sub22 section (b) and redesignating subsection (e) as sub23 section (c).
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1 (2) The item relating to section 4073 in the

2 table of sections for part II of subchapter A of chap3 ter 32 is amended to read as follows:

‘‘Sec. 4073. Exemptions.’’

4 (e) EFFECTIVE DATE.—The amendments made by

5 this section shall apply to sales in calendar years begin6 ning more than 30 days after the date of the enactment

7 of this Act.

8 Subtitle E—Small Business

9 Expensing

10 SEC. 9501. 2-YEAR EXTENSION OF INCREASED EXPENSING

11 FOR SMALL BUSINESS.

12 Subsections (b), (c), and (d) of section 179 (as

13 amended by the Jobs and Growth Tax Relief Reconcili14 ation Act of 2003) are each amended by striking ‘‘2006’’

15 each place it appears and inserting ‘‘2008’’.

16 Subtitle F—Alternative Minimum

17 Tax Relief

18 SEC. 9601. NET OPERATING LOSSES AND FOREIGN TAX

19 CREDIT UNDER ALTERNATIVE MINIMUM TAX.

20 (a) NET OPERATING LOSSES.—

21 (1) IN GENERAL.—Subparagraph (A) of section

22 56(d)(1) is amended to read as follows:

23 ‘‘(A) the amount of such deduction shall

24 not exceed the applicable percentage (deter25 mined under paragraph (3)) of the alternative
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1 minimum taxable income determined without

2 regard to such deduction, and’’.

3 (2) APPLICABLE PERCENTAGE.—Subsection (d)

4 of section 56 is amended by adding at the end the

5 following new paragraph:

6 ‘‘(3) APPLICABLE PERCENTAGE.—For purposes

7 of paragraph (1)(A)—

‘‘For taxable years beginning The applicable

in calendar year— percentage is—

2006, 2007, or 2008 ............................................................ 92

2009 or 2010 ....................................................................... 94

2011 ..................................................................................... 96

2012 ..................................................................................... 98

2013 or thereafter ................................................................ 100.’’

8 (b) FOREIGN TAX CREDIT.—

9 (1) Subsection (a) of section 59 is amended by

10 striking paragraph (2) and by redesignating para11 graphs (3) and (4) as paragraphs (2) and (3), re12 spectively.

13 (2) Section 53(d)(1)(B)(i)(II) is amended by

14 striking ‘‘and if section 59(a)(2) did not apply’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 this section shall apply to taxable years beginning after

17 December 31, 2005.

18 SEC. 9602. EXPANSION OF EXEMPTION FROM ALTERNATIVE

19 MINIMUM TAX FOR SMALL CORPORATIONS.

20 (a) IN GENERAL.—Subparagraphs (A) and (B) of

21 section 55(e)(1) are each amended by striking
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1 ‘‘$7,500,000’’ each place it appears and inserting

2 ‘‘$20,000,000’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 this section shall apply to taxable years beginning after

5 December 31, 2005.

6 SEC. 9603. INCOME AVERAGING FOR FARMERS NOT TO IN7 CREASE ALTERNATIVE MINIMUM TAX.

8 (a) IN GENERAL.—Subsection (c) of section 55 (de9 fining regular tax) is amended by redesignating paragraph

10 (2) as paragraph (3) and by inserting after paragraph (1)

11 the following new paragraph:

12 ‘‘(2) COORDINATION WITH INCOME AVERAGING

13 FOR FARMERS.—Solely for purposes of this section,

14 section 1301 (relating to averaging of farm income)

15 shall not apply in computing the regular tax liabil16 ity.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall apply to taxable years beginning after

19 December 31, 2003.

20 TITLE X—RAIL PROVISIONS

21 SEC. 10001. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.

22 (a) CORRIDOR DEVELOPMENT.—

23 (1) AMENDMENTS.—Section 26101 of title 49,

24 United States Code, is amended—
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1 (A) in the section heading, by striking

2 ‘‘PLANNING’’ and inserting ‘‘DEVELOP3 MENT’’;

4 (B) in the heading of subsection (a), by

5 striking ‘‘PLANNING’’ and inserting ‘‘DEVELOP6 MENT’’;

7 (C) by striking ‘‘corridor planning’’ each

8 place it appears and inserting ‘‘corridor devel9 opment’’;

10 (D) in subsection (b)(1)—

11 (i) by inserting ‘‘, or if it is an activity

12 described in subparagraph (M)’’ after

13 ‘‘high-speed rail improvements’’;

14 (ii) by striking ‘‘and’’ at the end of

15 subparagraph (K);

16 (iii) by striking the period at the end

17 of subparagraph (L) and inserting ‘‘; and’’;

18 and

19 (iv) by adding at the end the following

20 new subparagraph:

21 ‘‘(M) the acquisition of locomotives, rolling

22 stock, track, and signal equipment.’’; and

23 (E) in subsection (c)(2), by striking ‘‘plan24 ning’’ and inserting ‘‘development’’.
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1 (2) CONFORMING AMENDMENT.—The item re2 lating to section 26101 in the table of sections of

3 chapter 261 of title 49, United States Code, is

4 amended by striking ‘‘planning’’ and inserting ‘‘de5 velopment’’.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

7 26104 of title 49, United States Code, is amended to read

8 as follows:

9 ‘‘§ 26104. Authorization of appropriations

10 ‘‘(a) FISCAL YEARS 2005 THROUGH 2012.—There

11 are authorized to be appropriated to the Secretary—

12 ‘‘(1) $70,000,000 for carrying out section

13 26101; and

14 ‘‘(2) $30,000,000 for carrying out section

15 26102, for each of the fiscal years 2005 through

16 2012.

17 ‘‘(b) FUNDS TO REMAIN AVAILABLE.—Funds made

18 available under this section shall remain available until ex19 pended.’’.

20 SEC. 10002. ALASKA RAILROAD.

21 (a) GRANTS.—The Secretary shall make grants to

22 the Alaska railroad for capital rehabilitation and improve23 ments benefiting its passenger operations.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 such sums as may be necessary.

Passed the House of Representatives April 2, 2004.

Attest:

Clerk.