II 

110TH CONGRESS 

2D SESSION S. 3672 

To amend title 23, United States Code, to improve economic opportunity 

and development in rural States through highway investment, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Mr. BAUCUS introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend title 23, United States Code, to improve economic 

opportunity and development in rural States through 

highway investment, 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 ‘‘Rural Opportunity and 

5 Development Act’’ or the ‘‘ROAD Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that investment in highway preserva8 tion and improvement is essential to the economic develop9 ment and well-being of rural areas. 

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1 SEC. 3. RURAL OPPORTUNITY AND DEVELOPMENT PRO2 GRAM. 

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

4 23, United States Code, is amended by inserting after sec5 tion 149 the following: 

6 ‘‘§ 150. Rural opportunity and development program 

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab8 lish and implement a rural opportunity and development 

9 program to promote opportunity and economic develop10 ment in rural States by allocating funds to States for the 

11 preservation and improvement of highways. 

12 ‘‘(b) STATE ALLOCATIONS.— 

13 ‘‘(1) IN GENERAL.—Funds authorized to be ap14 propriated for the program established under sub15 section (a) shall be allocated for each fiscal year 

16 among States in accordance with this subsection. 

17 ‘‘(2) STATE SHARES.—The Secretary shall de18 termine the number of shares to be allocated among 

19 eligible States by assigning— 

20 ‘‘(A) 6 shares to each State with a popu21 lation density of 20 or fewer individuals per 

22 square mile of land area; 

23 ‘‘(B) 3 shares to each State with a popu24 lation density of between 20 and 40 individuals 

25 per square mile of land area; 

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1 ‘‘(C) 1 share to each State with a popu2 lation density of between 40 and 70 individuals 

3 per square mile of land area; and 

4 ‘‘(D) 1 share to each State that has more 

5 than 57,000 square miles of land area and a 

6 population density of greater than 70 individ7 uals per square mile of land area. 

8 ‘‘(3) USE OF 2000 DECENNIAL CENSUS.—In de9 termining the population density of States under 

10 paragraph (2), the Secretary shall use data con11 tained in the 2000 decennial census. 

12 ‘‘(4) CALCULATION OF SHARES.—For each fis13 cal year, for each share assigned to a State under 

14 paragraph (2), the Secretary shall allocate to such 

15 State an amount equal to the quotient obtained by 

16 dividing— 

17 ‘‘(A) $1,000,000,000; by 

18 ‘‘(B) the total number of shares assigned 

19 under paragraph (2) for the fiscal year. 

20 ‘‘(c) USE OF FUNDS.—Funds allocated to a State for 

21 the program established under subsection (a)— 

22 ‘‘(1) may be used for any type of project eligi23 ble under section 133; 

24 ‘‘(2) are not subject to other provisions of sec25 tion 133; and 

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1 ‘‘(3) may not be expended on projects located 

2 within the geographical boundaries of an area that 

3 has been identified or designated as a transportation 

4 management area under section 134(k)(1).’’. 

5 (b) CONFORMING AMENDMENT.—The analysis for 

6 chapter 1 of title 23, United States Code, is amended by 

7 inserting after the item relating to section 149 the fol8 lowing: 

‘‘150. Rural opportunity and development program.’’. 

9 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

10 From amounts available in the Highway Trust Fund 

11 (other than the Mass Transit Account), there is author12 ized to be appropriated, for fiscal year 2010 and for each 

13 subsequent fiscal year, $1,000,000,000, which— 

14 (1) shall be used for the rural opportunity and 

15 development program established under section 150 

16 of title 23, United States Code; 

17 (2) shall remain available until expended; and 

18 (3)(A) shall be available for obligation as if the 

19 funds were apportioned under chapter 1 of title 23, 

20 United States Code; but 

21 (B) shall not be subject to any limitation on ob22 ligations. 

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