II 

112TH CONGRESS 

1ST SESSION S. 1382 

To complete construction of the 13-State Appalachian development highway 

system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2011 

Mr. ROCKEFELLER (for himself, Mr. SHELBY, and Mr. MANCHIN) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To complete construction of the 13-State Appalachian 

development highway system, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Appalachian Develop5 ment Highway System Act of 2011’’. 

6 SEC. 2. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated out of the Highway Trust 

9 Fund (other than the Mass Transit Account) for the Ap10 palachian development highway system program under 


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1 section 14501 of title 40, United States Code, 

2 $1,080,000,000 for each of fiscal years 2012 through 

3 2017. 

4 (b) APPORTIONMENT.—The Secretary shall appor5 tion funds made available by subsection (a) for fiscal years 

6 2012 through 2017 among the States based on the latest 

7 available cost-to-complete estimate for the Appalachian 

8 development highway system under section 14501 of title 

9 40, United States Code, prepared by the Appalachian Re10 gional Commission. 

11 (c) APPLICABILITY OF TITLE 23.—Subject to sub12 section (d)(2), funds made available by subsection (a) shall 

13 be available for obligation in the same manner as if the 

14 funds were apportioned under chapter 1 of title 23, United 

15 States Code, except that— 

16 (1) the Federal share of the cost of any project 

17 carried out using the funds shall be determined in 

18 accordance with section 14501 of title 40, United 

19 States Code; and 

20 (2) the funds shall remain available until ex21 pended. 

22 (d) AVAILABILITY OF FUNDS.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law enacted before, on, or after the date 

25 of enactment of this Act, any obligation limitation 


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1 enacted for any of fiscal years 2012 through 2017 

2 shall not apply to obligations authorized for the Ap3 palachian development highway system program 

4 under section 14501 of title 40, United States Code. 

5 (2) REALLOCATION.—Any amounts made avail6 able to a State under this section or any other provi7 sion of law for the Appalachian development high8 way system under section 14501 of title 40, United 

9 States Code, that remain unobligated by the State 

10 as of the date that is 5 years after the date on which 

11 the funds were made available shall be— 

12 (A) returned to the Secretary; and 

13 (B) reallocated among the remaining 

14 States in accordance with section 14501 of title 

15 40, United States Code. 

16 (e) LOANS BETWEEN STATES.— 

17 (1) IN GENERAL.—On notice to the Secretary 

18 of Transportation, a State that receives an appor19 tionment under subsection (b) may lend any amount 

20 of contract authority or obligation authority avail21 able to the State pursuant to the apportionment to 

22 any other State that is eligible for such an appor23 tionment for use by the borrowing State for activi24 ties eligible under section 14501 of title 40, United 

25 States Code. 


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1 (2) REPAYMENT.—Any loan under paragraph 

2 (1) shall be repaid in accordance with a loan repay3 ment agreement that is entered into by the affected 

4 States and agreed to by the Secretary. 

5 (f) PURPOSES.—Section 104(a) of title 23, United 

6 States Code, is amended by striking paragraph (2) and 

7 inserting the following: 

8 ‘‘(2) PURPOSES.— 

9 ‘‘(A) FEDERAL-AID HIGHWAY AND OTHER

10 PROGRAMS.—The funds authorized by this sub11 section shall be used to administer the provi12 sions of law to be financed from appropriations 

13 for the Federal-aid highway program and pro14 grams authorized under chapter 2. 

15 ‘‘(B) APPALACHIAN DEVELOPMENT HIGH16 WAY SYSTEM.—In any case in which an appor17 tionment is made of the amounts made avail18 able for expenditure for the Appalachian devel19 opment highway system program under section 

20 14501 of title 40, from amounts made available 

21 from the Highway Trust Fund for the Appa22 lachian development highway system, the Sec23 retary shall transfer to the Appalachian Re24 gional Commission such sums as the Appa25 lachian Regional Commission determines to be 


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1 appropriate, not to exceed $3,000,000 for each 

2 fiscal year, for administrative and planning ac3 tivities associated with the Appalachian develop4 ment highway system.’’. 

5 (g) EQUITY BONUS PROGRAM.—Section 105 of title 

6 23, United States Code, is amended— 

7 (1) in subsection (a)(2)— 

8 (A) by striking subparagraph (J); and 

9 (B) by redesignating subparagraphs (K) 

10 through (N) as subparagraphs (J) through (M), 

11 respectively; and 

12 (2) in subsection (b)(2)— 

13 (A) in subparagraph (I), by adding ‘‘and’’ 

14 at the end; 

15 (B) by striking subparagraph (J); and 

16 (C) by redesignating subparagraph (K) as 

17 subparagraph (J). 

Æ 


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