II 

111TH CONGRESS 

1ST SESSION S. 1534 

To complete construction of the 13-State Appalachian development highway 

system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2009 

Mr. REID (for Mr. BYRD (for himself, Mr. ROCKEFELLER, Mr. CASEY, Mr. 

WEBB, Mr. SHELBY, and Mr. WARNER) 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 Completion Act of 2009’’. 

6 SEC. 2. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated out of the Highway 

9 Trust Fund (other than the Mass Transit Account) for 

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1 the Appalachian development highway system program 

2 under section 14501 of title 40, United States Code, 

3 $1,080,000,000 for each of fiscal years 2010 through 

4 2015. 

5 (b) APPORTIONMENT.—The Secretary shall appor6 tion funds made available by subsection (a) for fiscal years 

7 2010 through 2015 among the States based on the latest 

8 available cost-to-complete estimate for the Appalachian 

9 development highway system under section 14501 of title 

10 40, United States Code, prepared by the Appalachian Re11 gional Commission. 

12 (c) APPLICABILITY OF TITLE 23.—Funds made 

13 available by subsection (a) 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, except 

16 that— 

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

18 carried out using the funds shall be determined in 

19 accordance with section 14501 of title 40, United 

20 States Code; and 

21 (2) the funds shall remain available until ex22 pended. 

23 (d) AVAILABILITY OF FUNDS.—Notwithstanding any 

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

25 of enactment of this Act, any obligation limitation enacted 

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1 for any of fiscal years 2010 through 2015 shall not apply 

2 to obligations authorized for the Appalachian development 

3 highway system program under section 14501 of title 40, 

4 United States Code. 

5 (e) LOANS BETWEEN STATES.— 

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

7 of Transportation, a State that receives an appor8 tionment under subsection (b) may lend any amount 

9 of contract authority or obligation authority avail10 able to the State pursuant to the apportionment to 

11 any other State that is eligible for such an appor12 tionment for use by the borrowing State for activi13 ties eligible under section 14501 of title 40, United 

14 States Code. 

15 (2) REPAYMENT.—Any loan under paragraph 

16 (1) shall be repaid not later than September 30, 

17 2015. 

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

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

20 inserting the following: 

21 ‘‘(2) PURPOSES.— 

22 ‘‘(A) FEDERAL-AID HIGHWAY AND OTHER

23 PROGRAMS.—The funds authorized by this sub24 section shall be used to administer the provi25 sions of law to be financed from appropriations 

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1 for the Federal-aid highway program and pro2 grams authorized under chapter 2. 

3 ‘‘(B) APPALACHIAN DEVELOPMENT HIGH4 WAY SYSTEM.—In any case in which an appor5 tionment is made of the amounts made avail6 able for expenditure for the Appalachian devel7 opment highway system program under section 

8 14501 of title 40, from amounts made available 

9 from the Highway Trust Fund for the Appa10 lachian development highway system, the Sec11 retary shall transfer to the Appalachian Re12 gional Commission such sums as the Appa13 lachian Regional Commission determines to be 

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

15 fiscal year, for administrative and planning ac16 tivities associated with the Appalachian develop17 ment highway system.’’. 

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

19 23, United States Code, is amended— 

20 (1) in subsection (a)(2)— 

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

22 (B) by redesignating subparagraphs (K) 

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

24 respectively; and 

25 (2) in subsection (b)(2)— 

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

2 at the end; 

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

4 (C) by redesignating subparagraph (K) as 

5 subparagraph (J). 

Æ 

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