II 

Calendar No. 68 

109TH CONGRESS 

1ST SESSION S. 732 

[Report No. 109–53] 

To authorize funds for Federal-aid highways, highway safety programs, and 

transit programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2005 

Mr. INHOFE, from the Committee on Environment and Public Works, reported 

the following original bill; which was read twice and placed on the calendar 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Safe, Accountable, Flexible, and Efficient Transportation 

6 Equity Act of 2005’’. 

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

8 this Act is as follows: 
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Sec. 1. Short title; table of contents. 

Sec. 2. General definitions. 

Sec. 3. Definitions for title 23. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Funding 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Apportionments. 

Sec. 1104. Equity bonus programs. 

Sec. 1105. Revenue aligned budget authority. 

Subtitle B—New Programs 

Sec. 1201. Infrastructure performance and maintenance program. 

Sec. 1202. Future of surface transportation system. 

Sec. 1203. Freight transportation gateways; freight intermodal connections. 

Sec. 1204. Construction of ferry boats and ferry terminal and maintenance facilities; coordination of ferry construction and maintenance. 

Sec. 1205. Designation of Interstate Highways. 

Sec. 1206. State-by-State comparison of highway construction costs. 

Subtitle C—Finance 

Sec. 1301. Federal share. 

Sec. 1302. Transfer of highway and transit funds. 

Sec. 1303. Transportation Infrastructure Finance and Innovation Act Amendments. 

Sec. 1304. Facilitation of international registration plans and international fuel 

tax agreements. 

Sec. 1305. National Commission on Future Revenue Sources to Support the 

Highway Trust Fund and Finance the Needs of the Surface 

Transportation System. 

Sec. 1306. State infrastructure banks. 

Sec. 1307. Public-private partnerships pilot program. 

Sec. 1308. Wagering. 

Subtitle D—Safety 

Sec. 1401. Highway safety improvement program. 

Sec. 1402. Operation lifesaver. 

Sec. 1403. License suspension. 

Sec. 1404. Bus axle weight exemption. 

Sec. 1405. Safe routes to schools program. 

Sec. 1406. Purchases of equipment. 

Sec. 1407. Workzone safety. 

Sec. 1408. Worker injury prevention and free flow of vehicular traffic. 

Sec. 1409. Identity authentication standards. 

Sec. 1410. Open container requirements. 

Subtitle E—Environmental Planning and Review 

CHAPTER 1—TRANSPORTATION PLANNING

Sec. 1501. Integration of natural resource concerns into State and metropolitan 

transportation planning. 
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Sec. 1502. Consultation between transportation agencies and resource agencies 

in transportation planning. 

Sec. 1503. Integration of natural resource concerns into transportation project 

planning. 

Sec. 1504. Public involvement in transportation planning and projects. 

Sec. 1505. Project mitigation. 

CHAPTER 2—TRANSPORTATION PROJECT DEVELOPMENT PROCESS

Sec. 1511. Transportation project development process. 

Sec. 1512. Assumption of responsibility for categorical exclusions. 

Sec. 1513. Surface transportation project delivery pilot program. 

Sec. 1514. Parks, recreation areas, wildlife and waterfowl refuges, and historic 

sites. 

Sec. 1515. Regulations. 

CHAPTER 3—MISCELLANEOUS

Sec. 1521. Critical real property acquisition. 

Sec. 1522. Planning capacity building initiative. 

Sec. 1523. Intermodal passenger facilities. 

Subtitle F—Environment 

Sec. 1601. Environmental restoration and pollution abatement; control of 

invasive plant species and establishment of native species. 

Sec. 1602. National scenic byways program. 

Sec. 1603. Recreational trails program. 

Sec. 1604. Exemption of Interstate System. 

Sec. 1605. Standards. 

Sec. 1606. Use of high occupancy vehicle lanes. 

Sec. 1607. Bicycle transportation and pedestrian walkways. 

Sec. 1608. Idling reduction facilities in Interstate rights-of-way. 

Sec. 1609. Toll programs. 

Sec. 1610. Federal reference method. 

Sec. 1611. Addition of particulate matter areas to CMAQ. 

Sec. 1612. Addition to CMAQ-eligible projects. 

Sec. 1613. Improved interagency consultation. 

Sec. 1614. Evaluation and assessment of CMAQ projects. 

Sec. 1615. Synchronized planning and conformity timelines, requirements, and 

horizon. 

Sec. 1616. Transition to new air quality standards. 

Sec. 1617. Reduced barriers to air quality improvements. 

Sec. 1618. Air quality monitoring data influenced by exceptional events. 

Sec. 1619. Conforming amendments. 

Sec. 1620. Highway stormwater discharge mitigation program. 

Sec. 1621. Exemption from certain hazardous materials transportation requirements. 

Sec. 1622. Funds for rebuilding fish stocks. 

Subtitle G—Operations 

Sec. 1701. Transportation systems management and operations. 

Sec. 1702. Real-time system management information program. 

Sec. 1703. Contracting for engineering and design services. 

Sec. 1704. Off-duty time for drivers of commercial vehicles. 

Sec. 1705. Designation of transportation management areas. 
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Subtitle H—Federal-Aid Stewardship 

Sec. 1801. Future Interstate System routes. 

Sec. 1802. Stewardship and oversight. 

Sec. 1803. Design-build contracting. 

Sec. 1804. Program efficiencies—finance. 

Sec. 1805. Set-asides for interstate discretionary projects. 

Sec. 1806. Federal lands highways program. 

Sec. 1807. Highway bridge program. 

Sec. 1808. Appalachian development highway system. 

Sec. 1809. Multistate corridor program. 

Sec. 1810. Border planning, operations, technology, and capacity program. 

Sec. 1811. Puerto Rico highway program. 

Sec. 1812. National historic covered bridge preservation. 

Sec. 1813. Transportation and community and system preservation program. 

Sec. 1814. Parking pilot programs. 

Sec. 1815. Interstate oasis program. 

Sec. 1816. Tribal-State road maintenance agreements. 

Sec. 1817. National forest system roads. 

Sec. 1818. Territorial highway program. 

Sec. 1819. Magnetic levitation transportation technology deployment program. 

Sec. 1820. Donations and credits. 

Sec. 1821. Disadvantaged business enterprises. 

Sec. 1822. øReserved¿. 

Sec. 1823. Priority for pedestrian and bicycle facility enhancement projects. 

Sec. 1824. The Delta Regional Authority. 

Sec. 1825. Multistate international corridor development program. 

Sec. 1826. Authorization of contract authority for States with Indian Reservations. 

Subtitle I—Technical Corrections 

Sec. 1901. Repeal or update of obsolete text. 

Sec. 1902. Clarification of date. 

Sec. 1903. Inclusion of requirements for signs identifying funding sources in 

title 23. 

Sec. 1904. Inclusion of Buy America requirements in title 23. 

Sec. 1905. Technical amendments to nondiscrimination section. 

TITLE II—TRANSPORTATION RESEARCH 

Subtitle A—Funding 

Sec. 2001. Authorization of appropriations. 

Sec. 2002. Obligation ceiling. 

Sec. 2003. Notice. 

Subtitle B—Research and Technology 

Sec. 2101. Research and technology program. 

Sec. 2102. Study of data collection and statistical analysis efforts. 

Sec. 2103. Centers for surface transportation excellence. 

Sec. 2104. Motorcycle crash causation study grants. 

Sec. 2105. Transportation technology innovation and demonstration program 

Subtitle C—Intelligent Transportation System Research 
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Sec. 2201. Intelligent transportation system research and technical assistance 

program. 

TITLE III—RECREATIONAL BOATING SAFETY PROGRAMS 

Sec. 3001. Short title. 

Sec. 3002. Amendment of Federal aid in Fish Restoration Act. 

Sec. 3003. Authorization of appropriations. 

Sec. 3004. Division of annual appropriations. 

Sec. 3005. Maintenance of projects. 

Sec. 3006. Boating infrastructure. 

Sec. 3007. Requirements and restrictions concerning use of amounts for expenses for administration. 

Sec. 3008. Payments of funds to and cooperation with Puerto Rico, the District 

of Columbia, Guam, American Samoa, the Commonwealth of 

the Northern Mariana Islands, and the Virgin Islands. 

Sec. 3009. Multistate conservation grant program. 

TITLE IV—SOLID WASTE DISPOSAL 

Sec. 4001. Increased use of recovered mineral component in federally funded 

projects involving procurement of cement or concrete. 

Sec. 4002. Use of granular mine tailings. 

1 SEC. 2. GENERAL DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Transportation. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 SEC. 3. DEFINITIONS FOR TITLE 23. 

8 Section 101 of title 23, United States Code, is 

9 amended by striking subsection (a) and inserting the fol10 lowing: 

11 ‘‘(a) DEFINITIONS.—In this title: 

12 ‘‘(1) APPORTIONMENT.—The term ‘apportion13 ment’ includes an unexpended apportionment made 

14 under a law enacted before the date of enactment of 
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1 the Safe, Accountable, Flexible, and Efficient Trans2 portation Equity Act of 2005. 

3 ‘‘(2) CARPOOL PROJECT.— 

4 ‘‘(A) IN GENERAL.—The term ‘carpool 

5 project’ means any project to encourage the use 

6 of carpools and vanpools. 

7 ‘‘(B) INCLUSIONS.—The term ‘carpool 

8 project’ includes a project— 

9 ‘‘(i) to provide carpooling opportuni10 ties to the elderly and individuals with dis11 abilities; 

12 ‘‘(ii) to develop and implement a sys13 tem for locating potential riders and in14 forming the riders of carpool opportunities; 

15 ‘‘(iii) to acquire vehicles for carpool 

16 use; 

17 ‘‘(iv) to designate highway lanes as 

18 preferential carpool highway lanes; 

19 ‘‘(v) to provide carpool-related traffic 

20 control devices; and 

21 ‘‘(vi) to designate facilities for use for 

22 preferential parking for carpools. 

23 ‘‘(3) CONSTRUCTION.— 

24 ‘‘(A) IN GENERAL.—The term ‘construc25 tion’ means the supervision, inspection, and ac-
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1 tual building of, and incurring of all costs inci2 dental to the construction or reconstruction of 

3 a highway, including bond costs and other costs 

4 relating to the issuance in accordance with sec5 tion 122 of bonds or other debt financing in6 struments and costs incurred by the State in 

7 performing Federal-aid project related audits 

8 that directly benefit the Federal-aid highway 

9 program. 

10 ‘‘(B) INCLUSIONS.—The term ‘construc11 tion’ includes— 

12 ‘‘(i) locating, surveying, and mapping 

13 (including the establishment of temporary 

14 and permanent geodetic markers in accord15 ance with specifications of the National 

16 Oceanic and Atmospheric Administration); 

17 ‘‘(ii) resurfacing, restoration, and re18 habilitation; 

19 ‘‘(iii) acquisition of rights-of-way; 

20 ‘‘(iv) relocation assistance, acquisition 

21 of replacement housing sites, and acquisi22 tion and rehabilitation, relocation, and con23 struction of replacement housing; 

24 ‘‘(v) elimination of hazards of railway 

25 grade crossings; 
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1 ‘‘(vi) elimination of roadside obstacles; 

2 ‘‘(vii) improvements that directly fa3 cilitate and control traffic flow, such as— 

4 ‘‘(I) grade separation of intersec5 tions; 

6 ‘‘(II) widening of lanes; 

7 ‘‘(III) channelization of traffic; 

8 ‘‘(IV) traffic control systems; and 

9 ‘‘(V) passenger loading and un10 loading areas; 

11 ‘‘(viii) capital improvements that di12 rectly facilitate an effective vehicle weight 

13 enforcement program, such as— 

14 ‘‘(I) scales (fixed and portable); 

15 ‘‘(II) scale pits; 

16 ‘‘(III) scale installation; and 

17 ‘‘(IV) scale houses; 

18 ‘‘(ix) improvements directly relating to 

19 securing transportation infrastructures for 

20 detection, preparedness, response, and re21 covery; 

22 ‘‘(x) operating costs relating to traffic 

23 monitoring, management, and control; 

24 ‘‘(xi) operational improvements; and 
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1 ‘‘(xii) transportation system manage2 ment and operations. 

3 ‘‘(4) COUNTY.—The term ‘county’ includes— 

4 ‘‘(A) a corresponding unit of government 

5 under any other name in a State that does not 

6 have county organizations; and 

7 ‘‘(B) in those States in which the county 

8 government does not have jurisdiction over 

9 highways, any local government unit vested 

10 with jurisdiction over local highways. 

11 ‘‘(5) FEDERAL-AID HIGHWAY.— 

12 ‘‘(A) IN GENERAL.—The term ‘Federal-aid 

13 highway’ means a highway eligible for assist14 ance under this chapter. 

15 ‘‘(B) EXCLUSIONS.—The term ‘Federal-aid 

16 highway’ does not include a highway classified 

17 as a local road or rural minor collector. 

18 ‘‘(6) FEDERAL-AID SYSTEM.—The term ‘Fed19 eral-aid system’ means any of the Federal-aid high20 way systems described in section 103. 

21 ‘‘(7) FEDERAL LANDS HIGHWAY.—The term 

22 ‘Federal lands highway’ means— 

23 ‘‘(A) a forest highway; 

24 ‘‘(B) a recreation road; 

25 ‘‘(C) a public Forest Service road; 
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1 ‘‘(D) a park road; 

2 ‘‘(E) a parkway; 

3 ‘‘(F) a refuge road; 

4 ‘‘(G) an Indian reservation road; and 

5 ‘‘(H) a public lands highway. 

6 ‘‘(8) FOREST HIGHWAY.—The term ‘forest 

7 highway’ means a forest road that is— 

8 ‘‘(A) under the jurisdiction of, and main9 tained by, a public authority; and 

10 ‘‘(B) is open to public travel. 

11 ‘‘(9) FOREST ROAD OR TRAIL.— 

12 ‘‘(A) IN GENERAL.—The term ‘forest road 

13 or trail’ means a road or trail wholly or partly 

14 within, or adjacent to, and serving National 

15 Forest System land that is necessary for the 

16 protection, administration, use, and develop17 ment of the resources of that land. 

18 ‘‘(B) INCLUSIONS.—The term ‘forest road 

19 or trail’ includes— 

20 ‘‘(i) a classified forest road; 

21 ‘‘(ii) an unclassified forest road; 

22 ‘‘(iii) a temporary forest road; and 

23 ‘‘(iv) a public forest service road. 

24 ‘‘(10) FREIGHT TRANSPORTATION GATEWAY.— 
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1 ‘‘(A) IN GENERAL.—The term ‘freight 

2 transportation gateway’ means a nationally or 

3 regionally significant transportation port of 

4 entry or hub for domestic and global trade or 

5 military mobilization. 

6 ‘‘(B) INCLUSIONS.—The term ‘freight 

7 transportation gateway’ includes freight inter8 modal and Strategic Highway Network connec9 tions that provide access to and from a port or 

10 hub described in subparagraph (A). 

11 ‘‘(11) HIGHWAY.—The term ‘highway’ in12 cludes— 

13 ‘‘(A) a road, street, and parkway; 

14 ‘‘(B) a right-of-way, bridge, railroad-high15 way crossing, tunnel, drainage structure, sign, 

16 guardrail, and protective structure, in connec17 tion with a highway; and 

18 ‘‘(C) a portion of any interstate or inter19 national bridge or tunnel (including the ap20 proaches to the interstate or international 

21 bridge or tunnel, and such transportation facili22 ties as may be required by the United States 

23 Customs Service and the Bureau of Citizenship 

24 and Immigration Services in connection with 

25 the operation of an international bridge or tun-
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1 nel), the cost of which is assumed by a State 

2 transportation department. 

3 ‘‘(12) HIGHWAY SAFETY IMPROVEMENT

4 PROJECT.—The term ‘highway safety improvement 

5 project’ means a project that meets the requirements 

6 of section 148. 

7 ‘‘(13) INDIAN RESERVATION ROAD.— 

8 ‘‘(A) IN GENERAL.—The term ‘Indian res9 ervation road’ means a public road that is lo10 cated within or provides access to an area de11 scribed in subparagraph (B) on which or in 

12 which reside Indians or Alaskan Natives that, 

13 as determined by the Secretary of the Interior, 

14 are eligible for services generally available to 

15 Indians under Federal laws specifically applica16 ble to Indians. 

17 ‘‘(B) AREAS.—The areas referred to in 

18 subparagraph (A) are— 

19 ‘‘(i) an Indian reservation; 

20 ‘‘(ii) Indian trust land or restricted 

21 Indian land that is not subject to fee title 

22 alienation without the approval of the Fed23 eral Government; and 

24 ‘‘(iii) an Indian or Alaska Native vil25 lage, group, or community. 
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1 ‘‘(14) INTERSTATE SYSTEM.—The term ‘Inter2 state System’ means the Dwight D. Eisenhower Na3 tional System of Interstate and Defense Highways 

4 described in section 103(c). 

5 ‘‘(15) MAINTENANCE.— 

6 ‘‘(A) IN GENERAL.—The term ‘mainte7 nance’ means the preservation of a highway. 

8 ‘‘(B) INCLUSIONS.—The term ‘mainte9 nance’ includes the preservation of— 

10 ‘‘(i) the surface, shoulders, roadsides, 

11 and structures of a highway; and 

12 ‘‘(ii) such traffic-control devices as are 

13 necessary for safe, secure, and efficient use 

14 of a highway. 

15 ‘‘(16) MAINTENANCE AREA.—The term ‘main16 tenance area’ means an area that was designated as 

17 a nonattainment area, but was later redesignated by 

18 the Administrator of the Environmental Protection 

19 Agency as an attainment area, under section 107(d) 

20 of the Clean Air Act (42 U.S.C. 7407(d)). 

21 ‘‘(17) NATIONAL FOREST SYSTEM ROAD OR

22 TRAIL.—The term ‘National Forest System road or 

23 trail’ means a forest road or trail that is under the 

24 jurisdiction of the Forest Service. 
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1 ‘‘(18) NATIONAL HIGHWAY SYSTEM.—The term 

2 ‘National Highway System’ means the Federal-aid 

3 highway system described in section 103(b). 

4 ‘‘(19) OPERATING COSTS FOR TRAFFIC MONI5 TORING, MANAGEMENT, AND CONTROL.—The term 

6 ‘operating costs for traffic monitoring, management, 

7 and control’ includes— 

8 ‘‘(A) labor costs; 

9 ‘‘(B) administrative costs; 

10 ‘‘(C) costs of utilities and rent; 

11 ‘‘(D) costs incurred by transportation 

12 agencies for technology to monitor critical 

13 transportation infrastructure for security pur14 poses; and 

15 ‘‘(E) other costs associated with transpor16 tation systems management and operations and 

17 the continuous operation of traffic control, such 

18 as— 

19 ‘‘(i) an integrated traffic control sys20 tem; 

21 ‘‘(ii) an incident management pro22 gram; and 

23 ‘‘(iii) a traffic control center. 

24 ‘‘(20) OPERATIONAL IMPROVEMENT.— 
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1 ‘‘(A) IN GENERAL.—The term ‘operational 

2 improvement’ means— 

3 ‘‘(i) a capital improvement for instal4 lation or implementation of— 

5 ‘‘(I) a transportation system 

6 management and operations program; 

7 ‘‘(II) traffic and transportation 

8 security surveillance and control 

9 equipment; 

10 ‘‘(III) a computerized signal sys11 tem; 

12 ‘‘(IV) a motorist information sys13 tem; 

14 ‘‘(V) an integrated traffic control 

15 system; 

16 ‘‘(VI) an incident management 

17 program; 

18 ‘‘(VII) equipment and programs 

19 for transportation response to man20 made and natural disasters; or 

21 ‘‘(VIII) a transportation demand 

22 management facility, strategy, or pro23 gram; and 
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1 ‘‘(ii) such other capital improvements 

2 to a public road as the Secretary may des3 ignate by regulation. 

4 ‘‘(B) EXCLUSIONS.—The term ‘operational 

5 improvement’ does not include— 

6 ‘‘(i) a resurfacing, restorative, or re7 habilitative improvement; 

8 ‘‘(ii) construction of an additional 

9 lane, interchange, or grade separation; or 

10 ‘‘(iii) construction of a new facility on 

11 a new location. 

12 ‘‘(21) PARK ROAD.—The term ‘park road’ 

13 means a public road (including a bridge built pri14 marily for pedestrian use, but with capacity for use 

15 by emergency vehicles) that is located within, or pro16 vides access to, an area in the National Park System 

17 with title and maintenance responsibilities vested in 

18 the United States. 

19 ‘‘(22) PARKWAY.—The term ‘parkway’ means a 

20 parkway authorized by an Act of Congress on land 

21 to which title is vested in the United States. 

22 ‘‘(23) PROJECT.—The term ‘project’ means— 

23 ‘‘(A)(i) an undertaking to construct a par24 ticular portion of a highway; or 
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1 ‘‘(ii) if the context so implies, a particular 

2 portion of a highway so constructed; and 

3 ‘‘(B) any other undertaking eligible for as4 sistance under this title. 

5 ‘‘(24) PROJECT AGREEMENT.—The term 

6 ‘project agreement’ means the formal instrument to 

7 be executed by the Secretary and recipient of funds 

8 under this title. 

9 ‘‘(25) PUBLIC AUTHORITY.—The term ‘public 

10 authority’ means a Federal, State, county, town, or 

11 township, Indian tribe, municipal or other local gov12 ernment or instrumentality with authority to fi13 nance, build, operate, or maintain toll or toll-free fa14 cilities. 

15 ‘‘(26) PUBLIC FOREST SERVICE ROAD.—The 

16 term ‘public Forest Service road’ means a classified 

17 forest road— 

18 ‘‘(A) that is open to public travel; 

19 ‘‘(B) for which title and maintenance re20 sponsibility is vested in the Federal Govern21 ment; and 

22 ‘‘(C) that has been designated a public 

23 road by the Forest Service. 

24 ‘‘(27) PUBLIC LANDS DEVELOPMENT ROADS

25 AND TRAILS.—The term ‘public lands development 
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1 roads and trails’ means roads and trails that the 

2 Secretary of the Interior determines are of primary 

3 importance for the development, protection, adminis4 tration, and use of public lands and resources under 

5 the control of the Secretary of the Interior. 

6 ‘‘(28) PUBLIC LANDS HIGHWAY.—The term 

7 ‘public lands highway’ means— 

8 ‘‘(A) a forest road that is— 

9 ‘‘(i) under the jurisdiction of, and 

10 maintained by, a public authority; and 

11 ‘‘(ii) open to public travel; and 

12 ‘‘(B) any highway through unappropriated 

13 or unreserved public land, nontaxable Indian 

14 land, or any other Federal reservation (includ15 ing a main highway through such land or res16 ervation that is on the Federal-aid system) that 

17 is— 

18 ‘‘(i) under the jurisdiction of, and 

19 maintained by, a public authority; and 

20 ‘‘(ii) open to public travel. 

21 ‘‘(29) PUBLIC ROAD.—The term ‘public road’ 

22 means any road or street that is— 

23 ‘‘(A) under the jurisdiction of, and main24 tained by, a public authority; and 

25 ‘‘(B) open to public travel. 
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1 ‘‘(30) RECREATIONAL ROAD.—The term ‘rec2 reational road’ means a public road— 

3 ‘‘(A) that provides access to a museum, 

4 lake, reservoir, visitors center, gateway to a 

5 major wilderness area, public use area, or rec6 reational or historic site; and 

7 ‘‘(B) for which title is vested in the Fed8 eral Government. 

9 ‘‘(31) REFUGE ROAD.—The term ‘refuge road’ 

10 means a public road— 

11 ‘‘(A) that provides access to or within a 

12 unit of the National Wildlife Refuge System or 

13 a national fish hatchery; and 

14 ‘‘(B) for which title and maintenance re15 sponsibility is vested in the United States Gov16 ernment. 

17 ‘‘(32) RURAL AREA.—The term ‘rural area’ 

18 means an area of a State that is not included in an 

19 urban area. 

20 ‘‘(33) SECRETARY.—The term ‘Secretary’ 

21 means the Secretary of Transportation. 

22 ‘‘(34) STATE.—The term ‘State’ means— 

23 ‘‘(A) a State; 

24 ‘‘(B) the District of Columbia; and 

25 ‘‘(C) the Commonwealth of Puerto Rico. 
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1 ‘‘(35) STATE FUNDS.—The term ‘State funds’ 

2 includes funds that are— 

3 ‘‘(A) raised under the authority of the 

4 State (or any political or other subdivision of a 

5 State); and 

6 ‘‘(B) made available for expenditure under 

7 the direct control of the State transportation 

8 department. 

9 ‘‘(36) STATE TRANSPORTATION DEPART10 MENT.—The term ‘State transportation department’ 

11 means the department, agency, commission, board, 

12 or official of any State charged by the laws of the 

13 State with the responsibility for highway construc14 tion. 

15 ‘‘(37) TERRITORIAL HIGHWAY SYSTEM.—The 

16 term ‘territorial highway system’ means the system 

17 of arterial highways, collector roads, and necessary 

18 interisland connectors in American Samoa, the Com19 monwealth of the Northern Mariana Islands, Guam, 

20 and the United States Virgin Islands that have been 

21 designated by the appropriate Governor or chief ex22 ecutive officer of a territory, and approved by the 

23 Secretary, in accordance with section 215. 

24 ‘‘(38) TRANSPORTATION ENHANCEMENT ACTIV25 ITY.—The term ‘transportation enhancement activ-
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1 ity’ means, with respect to any project or the area 

2 to be served by the project, any of the following ac3 tivities as the activities relate to surface transpor4 tation: 

5 ‘‘(A) Provision of facilities for pedestrians 

6 and bicycles. 

7 ‘‘(B) Provision of safety and educational 

8 activities for pedestrians and bicyclists. 

9 ‘‘(C) Acquisition of scenic easements and 

10 scenic or historic sites (including historic battle11 fields). 

12 ‘‘(D) Scenic or historic highway programs 

13 (including the provision of tourist and welcome 

14 center facilities). 

15 ‘‘(E) Landscaping and other scenic beau16 tification. 

17 ‘‘(F) Historic preservation. 

18 ‘‘(G) Rehabilitation and operation of his19 toric transportation buildings, structures, or fa20 cilities (including historic railroad facilities and 

21 canals). 

22 ‘‘(H) Preservation of abandoned railway 

23 corridors (including the conversion and use of 

24 the corridors for pedestrian or bicycle trails). 
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1 ‘‘(I) Control and removal of outdoor adver2 tising. 

3 ‘‘(J) Archaeological planning and research. 

4 ‘‘(K) Environmental mitigation— 

5 ‘‘(i) to address water pollution due to 

6 highway runoff; or 

7 ‘‘(ii) reduce vehicle-caused wildlife 

8 mortality while maintaining habitat 

9 connectivity. 

10 ‘‘(L) Establishment of transportation mu11 seums. 

12 ‘‘(39) TRANSPORTATION SYSTEMS MANAGE13 MENT AND OPERATIONS.— 

14 ‘‘(A) IN GENERAL.—The term ‘transpor15 tation systems management and operations’ 

16 means an integrated program to optimize the 

17 performance of existing infrastructure through 

18 the implementation of multimodal and inter19 modal, cross-jurisdictional systems, services, 

20 and projects designed to preserve capacity and 

21 improve security, safety, and reliability of the 

22 transportation system. 

23 ‘‘(B) INCLUSIONS.—The term ‘transpor24 tation systems management and operations’ in25 cludes— 
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1 ‘‘(i) regional operations collaboration 

2 and coordination activities between trans3 portation and public safety agencies; and 

4 ‘‘(ii) improvements to the transpor5 tation system such as traffic detection and 

6 surveillance, arterial management, freeway 

7 management, demand management, work 

8 zone management, emergency manage9 ment, electronic toll collection, automated 

10 enforcement, traffic incident management, 

11 roadway weather management, traveler in12 formation services, commercial vehicle op13 erations, traffic control, freight manage14 ment, and coordination of highway, rail, 

15 transit, bicycle, and pedestrian operations. 

16 ‘‘(40) URBAN AREA.—The term ‘urban area’ 

17 means— 

18 ‘‘(A) an urbanized area (or, in the case of 

19 an urbanized area encompassing more than 1 

20 State, the portion of the urbanized area in each 

21 State); and 

22 ‘‘(B) an urban place designated by the Bu23 reau of the Census that— 

24 ‘‘(i) has a population of 5,000 or 

25 more; 
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1 ‘‘(ii) is not located within any urban2 ized area; and 

3 ‘‘(iii) is located within boundaries 

4 that— 

5 ‘‘(I) are fixed cooperatively by re6 sponsible State and local officials, 

7 subject to approval by the Secretary; 

8 and 

9 ‘‘(II) encompass, at a minimum, 

10 the entire urban place designated by 

11 the Bureau of the Census (except in 

12 the case of cities in the State of 

13 Maine and in the State of New 

14 Hampshire). 

15 ‘‘(41) URBANIZED AREA.—The term ‘urbanized 

16 area’ means an area that— 

17 ‘‘(A) has a population of 50,000 or more; 

18 ‘‘(B) is designated by the Bureau of the 

19 Census; and 

20 ‘‘(C) is located within boundaries that— 

21 ‘‘(i) are fixed cooperatively by respon22 sible State and local officials, subject to 

23 approval by the Secretary; and 
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1 ‘‘(ii) encompass, at a minimum, the 

2 entire urbanized area within a State as 

3 designated by the Bureau of the Census.’’. 

4 TITLE I—FEDERAL-AID 

5 HIGHWAYS 

6 Subtitle A—Funding 

7 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

8 The following sums are authorized to be appropriated 

9 out of the Highway Trust Fund (other than the Mass 

10 Transit Account): 

11 (1) INTERSTATE MAINTENANCE PROGRAM.— 

12 For the Interstate maintenance program under sec13 tion 119 of title 23, United States Code— 

14 (A) $5,799,188,140 for fiscal year 2005; 

15 (B) $6,032,059,334 for fiscal year 2006; 

16 (C) $6,049,378,729 for fiscal year 2007; 

17 (D) $6,351,069,528 for fiscal year 2008; 

18 and 

19 (E) $6,443,591,248 for fiscal year 2009. 

20 (2) NATIONAL HIGHWAY SYSTEM.—For the Na21 tional Highway System under section 103 of that 

22 title— 

23 (A) $7,054,146,316 for fiscal year 2005; 

24 (B) $7,333,629,462 for fiscal year 2006; 

25 (C) $7,354,650,712 for fiscal year 2007; 
26 

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1 (D) $7,720,825,041 for fiscal year 2008; 

2 and 

3 (E) $7,833,068,496 for fiscal year 2009. 

4 (3) BRIDGE PROGRAM.—For the bridge pro5 gram under section 144 of that title— 

6 (A) $4,970,732,691 for fiscal year 2005; 

7 (B) $5,157,180,500 for fiscal year 2006; 

8 (C) $5,141,987,920 for fiscal year 2007; 

9 (D) $5,429,922,039 for fiscal year 2008; 

10 and 

11 (E) $5,509,052,458 for fiscal year 2009. 

12 (4) SURFACE TRANSPORTATION PROGRAM.— 

13 For the surface transportation program under sec14 tion 133 of that title— 

15 (A) $7,318,023,129 for fiscal year 2005; 

16 (B) $7,597,631,986 for fiscal year 2006; 

17 (C) $7,619,446,491 for fiscal year 2007; 

18 (D) $7,999,438,719 for fiscal year 2008; 

19 and 

20 (E) $8,116,064,782 for fiscal year 2009. 

21 (5) CONGESTION MITIGATION AND AIR QUALITY

22 IMPROVEMENT PROGRAM.—For the congestion miti23 gation and air quality improvement program under 

24 section 149 of that title— 

25 (A) $1,979,088,016 for fiscal year 2005; 
27 

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1 (B) $2,049,058,323 for fiscal year 2006; 

2 (C) $2,054,941,629 for fiscal year 2007; 

3 (D) $2,157,424,382 for fiscal year 2008; 

4 and 

5 (E) $2,188,954,810 for fiscal year 2009. 

6 (6) HIGHWAY SAFETY IMPROVEMENT PRO7 GRAM.—For the highway safety improvement pro8 gram under section 148 of that title— 

9 (A) $1,196,657,870 for fiscal year 2005; 

10 (C) $1,234,248,870 for fiscal year 2006; 

11 (D) $1,246,818,516 for fiscal year 2007; 

12 (E) $1,308,999,063 for fiscal year 2008; 

13 and 

14 (F) $1,328,233,842 for fiscal year 2009. 

15 (7) APPALACHIAN DEVELOPMENT HIGHWAY

16 SYSTEM PROGRAM.—For the Appalachian develop17 ment highway system program under section 170 of 

18 that title, $532,518,499 for each of fiscal years 

19 2005 through 2009. 

20 (8) RECREATIONAL TRAILS PROGRAM.—For the 

21 recreational trails program under section 206 of that 

22 title, $54,154,424 for each of fiscal years 2005 

23 through 2009. 

24 (9) FEDERAL LANDS HIGHWAYS PROGRAM.— 
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1 (A) INDIAN RESERVATION ROADS.—For 

2 Indian reservation roads under section 204 of 

3 that title— 

4 (i) $290,251,572 for fiscal year 2005; 

5 (ii) $312,578,616 for fiscal year 2006; 

6 (iii) $334,905,660 for fiscal year 

7 2007; 

8 (iv) $357,232,704 for fiscal year 

9 2008; and 

10 (v) $379,559,748 for fiscal year 2009. 

11 (B) RECREATION ROADS.—For recreation 

12 roads under section 204 of that title, 

13 $44,654,088 for each of fiscal years 2005 

14 through 2009. 

15 (C) PARK ROADS AND PARKWAYS.—For 

16 park roads and parkways under section 204 of 

17 that title— 

18 (i) $276,855,346 for fiscal year 2005; 

19 and 

20 (ii) $285,786,164 for each of fiscal 

21 years 2006 through 2009. 

22 (D) REFUGE ROADS.—For refuge roads 

23 under section 204 of that title, $26,792,453 for 

24 each of fiscal years 2005 through 2009. 
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1 (E) PUBLIC LANDS HIGHWAYS.—For Fed2 eral lands highways under section 204 of that 

3 title, $267,924,258 for each of fiscal years 

4 2005 through 2009. 

5 (F) SAFETY.—For safety under section 

6 204 of that title, $35,723,270 for each of fiscal 

7 years 2005 through 2009. 

8 (10) MULTISTATE CORRIDOR PROGRAM.—For 

9 the multistate corridor program under section 171 of 

10 that title— 

11 (A) $120,566,038 for fiscal year 2005; 

12 (B) $140,660,377 for fiscal year 2006; 

13 (C) $160,754,717 for fiscal year 2007; 

14 (D) $180,849,057 for fiscal year 2008; 

15 and 

16 (E) $200,943,396 for fiscal year 2009. 

17 (11) BORDER PLANNING, OPERATIONS, AND

18 TECHNOLOGY PROGRAM.—For the border planning, 

19 operations, and technology program under section 

20 172 of that title— 

21 (A) $120,566,038 for fiscal year 2005; 

22 (B) $140,660,377 for fiscal year 2006; 

23 (C) $160,754,717 for fiscal year 2007; 

24 (D) $180,849,057 for fiscal year 2008; 

25 and 
30 

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1 (E) $200,943,396 for fiscal year 2009. 

2 (12) NATIONAL SCENIC BYWAYS PROGRAM.— 

3 For the national scenic byways program under sec4 tion 162 of that title— 

5 (A) $31,257,862 for fiscal year 2005; 

6 (B) $32,150,943 for fiscal year 2006; 

7 (C) $33,044,025 for fiscal year 2007; and 

8 (D) $34,830,189 for each of fiscal years 

9 2008 and 2009. 

10 (13) INFRASTRUCTURE PERFORMANCE AND

11 MAINTENANCE PROGRAM.—For carrying out the in12 frastructure performance and maintenance program 

13 under section 139 of that title $0 for fiscal year 

14 2004. 

15 (14) CONSTRUCTION OF FERRY BOATS AND

16 FERRY TERMINAL FACILITIES.—For construction of 

17 ferry boats and ferry terminal facilities under sec18 tion 147 of that title, $54,154,424 for each of fiscal 

19 years 2005 through 2009. 

20 (15) COMMONWEALTH OF PUERTO RICO HIGH21 WAY PROGRAM.—For the Commonwealth of Puerto 

22 Rico highway program under section 173 of that 

23 title— 

24 (A) $129,496,855 for fiscal year 2005; 

25 (B) $133,069,182 for fiscal year 2006; 
31 

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1 (C) $137,534,591 for fiscal year 2007; 

2 (D) $142,893,082 for fiscal year 2008; 

3 and 

4 (E) $145,572,327 for fiscal year 2009. 

5 (16) PUBLIC-PRIVATE PARTNERSHIPS PILOT

6 PROGRAM.—For the public-private partnerships pilot 

7 program under section 109(c)(3) of that title, 

8 $8,930,818 for each of fiscal years 2005 through 

9 2009. 

10 (17) DENALI ACCESS SYSTEM.—For the Denali 

11 Access System under section 309 of the Denali Com12 mission Act of 1998 (42 U.S.C. 3121 note; Public 

13 Law 105–277), $26,792,453 for each of fiscal years 

14 2005 through 2009. 

15 (18) DELTA REGION TRANPORTATION DEVEL16 OPMENT PROGRAM.—For planning and construction 

17 activities authorized under the Delta Regional Au18 thority, $71,446,541 for each of fiscal years 2005 

19 through 2009. 

20 (19) INTERMODAL PASSENGER FACILITIES.— 

21 For intermodal passenger facilities under subchapter 

22 III of chapter 55 of title 49, United States Code, 

23 $8,930,818 for each of fiscal years 2005 through 

24 2009. 
32 

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1 SEC. 1102. OBLIGATION CEILING. 

2 (a) GENERAL LIMITATION.—Subject to subsections 

3 (g) and (h), and notwithstanding any other provision of 

4 law, the obligations for Federal-aid highway and highway 

5 safety construction programs shall not exceed— 

6 (1) $34,425,380,000 for fiscal year 2005; 

7 (2) $37,154,999,523 for fiscal year 2006; 

8 (3) $37,450,167,691 for fiscal year 2007; 

9 (4) $38,816,364,417 for fiscal year 2008; and 

10 (5) $40,321,257,845 for fiscal year 2009. 

11 (b) EXCEPTIONS.—The limitations under subsection 

12 (a) shall not apply to obligations under or for— 

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

14 (2) section 147 of the Surface Transportation 

15 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

16 Stat. 2714); 

17 (3) section 9 of the Federal-Aid Highway Act 

18 of 1981 (Public Law 97–134; 95 Stat. 1701); 

19 (4) subsections (b) and (j) of section 131 of the 

20 Surface Transportation Assistance Act of 1982 

21 (Public Law 97–424; 96 Stat. 2119); 

22 (5) subsections (b) and (c) of section 149 of the 

23 Surface Transportation and Uniform Relocation As24 sistance Act of 1987 (Public Law 100–17; 101 Stat. 

25 198); 
33 

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1 (6) sections 1103 through 1108 of the Inter2 modal Surface Transportation Efficiency Act of 

3 1991 (Public Law 102–240; 105 Stat. 2027); 

4 (7) section 157 of title 23, United States Code 

5 (as in effect on June 8, 1998); 

6 (8) section 105 of title 23, United States Code 

7 (as in effect for fiscal years 1998 through 2003, but 

8 only in an amount equal to $639,000,000 for each 

9 of those fiscal years); 

10 (9) Federal-aid highway programs for which ob11 ligation authority was made available under the 

12 Transportation Equity Act for the 21st Century 

13 (Public Law 105–178; 112 Stat. 107) or subsequent 

14 public laws for multiple years or to remain available 

15 until used, but only to the extent that the obligation 

16 authority has not lapsed or been used; and 

17 (10) section 105 of title 23, United States Code 

18 (but, for each of fiscal years 2005 through 2009, 

19 only in an amount equal to $639,000,000 per fiscal 

20 year). 

21 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

22 For each of fiscal years 2005 through 2009, the Sec23 retary— 

24 (1) shall not distribute obligation authority pro25 vided by subsection (a) for the fiscal year for— 
34 

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1 (A) amounts authorized for administrative 

2 expenses and programs by section 104(a) of 

3 title 23, United States Code; 

4 (B) programs funded from the administra5 tive takedown authorized by section 104(a)(1) 

6 of title 23, United States Code; and 

7 (C) amounts authorized for the highway 

8 use tax evasion program and the Bureau of 

9 Transportation Statistics; 

10 (2) shall not distribute an amount of obligation 

11 authority provided by subsection (a) that is equal to 

12 the unobligated balance of amounts made available 

13 from the Highway Trust Fund (other than the Mass 

14 Transit Account) for Federal-aid highway and high15 way safety programs for previous fiscal years the 

16 funds for which are allocated by the Secretary; 

17 (3) shall determine the ratio that— 

18 (A) the obligation authority provided by 

19 subsection (a) for the fiscal year, less the aggre20 gate of amounts not distributed under para21 graphs (1) and (2); bears to 

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

23 appropriated for the Federal-aid highway and 

24 highway safety construction programs (other 

25 than sums authorized to be appropriated for 
35 

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1 provisions of law described in paragraphs (1) 

2 through (9) of subsection (b) and sums author3 ized to be appropriated for section 105 of title 

4 23, United States Code, equal to the amount 

5 referred to in subsection (b)(10) for the fiscal 

6 year), less the aggregate of the amounts not 

7 distributed under paragraphs (1) and (2); 

8 (4) shall distribute the obligation authority pro9 vided by subsection (a) less the aggregate amounts 

10 not distributed under paragraphs (1) and (2), for 

11 section 14501 of title 40, United States Code, so 

12 that the amount of obligation authority available for 

13 that section is equal to the amount determined by 

14 multiplying— 

15 (A) the ratio determined under paragraph 

16 (3); by 

17 (B) the sums authorized to be appro18 priated for that section for the fiscal year; 

19 (5) shall distribute among the States the obliga20 tion authority provided by subsection (a), less the 

21 aggregate amounts not distributed under paragraphs 

22 (1) and (2), for each of the programs that are allo23 cated by the Secretary under this Act and title 23, 

24 United States Code (other than to programs to 

25 which paragraph (1) applies), by multiplying— 
36 

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1 (A) the ratio determined under paragraph 

2 (3); by 

3 (B) the amounts authorized to be appro4 priated for each such program for the fiscal 

5 year; and 

6 (6) shall distribute the obligation authority pro7 vided by subsection (a), less the aggregate amounts 

8 not distributed under paragraphs (1) and (2) and 

9 the amounts distributed under paragraphs (4) and 

10 (5), for Federal-aid highway and highway safety 

11 construction programs (other than the amounts ap12 portioned for the equity bonus program, but only to 

13 the extent that the amounts apportioned for the eq14 uity bonus program for the fiscal year are greater 

15 than $639,000,000, and the Appalachian develop16 ment highway system program) that are apportioned 

17 by the Secretary under this Act and title 23, United 

18 States Code, in the ratio that— 

19 (A) amounts authorized to be appropriated 

20 for the programs that are apportioned to each 

21 State for the fiscal year; bear to 

22 (B) the total of the amounts authorized to 

23 be appropriated for the programs that are ap24 portioned to all States for the fiscal year. 
37 

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1 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU2 THORITY.—Notwithstanding subsection (c), the Secretary 

3 shall, after August 1 of each of fiscal years 2005 through 

4 2009— 

5 (1) revise a distribution of the obligation au6 thority made available under subsection (c) if an 

7 amount distributed cannot be obligated during that 

8 fiscal year; and 

9 (2) redistribute sufficient amounts to those 

10 States able to obligate amounts in addition to those 

11 previously distributed during that fiscal year, giving 

12 priority to those States having large unobligated bal13 ances of funds apportioned under sections 104 and 

14 144 of title 23, United States Code. 

15 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

16 TRANSPORTATION RESEARCH PROGRAMS.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), obligation limitations imposed by sub19 section (a) shall apply to contract authority for 

20 transportation research programs carried out 

21 under— 

22 (A) chapter 5 of title 23, United States 

23 Code; and 

24 (B) title II of this Act. 
38 

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1 (2) EXCEPTION.—Obligation authority made 

2 available under paragraph (1) shall— 

3 (A) remain available for a period of 3 fis4 cal years; and 

5 (B) be in addition to the amount of any 

6 limitation imposed on obligations for Federal7 aid highway and highway safety construction 

8 programs for future fiscal years. 

9 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

10 FUNDS.— 

11 (1) IN GENERAL.—Not later than 30 days after 

12 the date of distribution of obligation authority under 

13 subsection (c) for each of fiscal years 2005 through 

14 2009, the Secretary shall distribute to the States 

15 any funds that— 

16 (A) are authorized to be appropriated for 

17 the fiscal year for Federal-aid highway pro18 grams; and 

19 (B) the Secretary determines will not be 

20 allocated to the States, and will not be available 

21 for obligation, in the fiscal year due to the im22 position of any obligation limitation for the fis23 cal year. 
39 

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1 (2) RATIO.—Funds shall be distributed under 

2 paragraph (1) in the same ratio as the distribution 

3 of obligation authority under subsection (c)(6). 

4 (3) AVAILABILITY.—Funds distributed under 

5 paragraph (1) shall be available for any purpose de6 scribed in section 133(b) of title 23, United States 

7 Code. 

8 (g) SPECIAL RULE.—Obligation authority distributed 

9 for a fiscal year under subsection (c)(4) for the provision 

10 specified in subsection (c)(4) shall— 

11 (1) remain available until used for obligation of 

12 funds for that provision; and 

13 (2) be in addition to the amount of any limita14 tion imposed on obligations for Federal-aid highway 

15 and highway safety construction programs for future 

16 fiscal years. 

17 (h) ADJUSTMENT IN OBLIGATION LIMIT.— 

18 (1) IN GENERAL.—A limitation on obligations 

19 imposed by subsection (a) for a fiscal year shall be 

20 adjusted by an amount equal to the amount deter21 mined in accordance with section 251(b)(1)(B) of 

22 the Balanced Budget and Emergency Deficit Control 

23 Act of 1985 (2 U.S.C. 901(b)(1)(B)) for the fiscal 

24 year. 
40 

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1 (2) DISTRIBUTION.—An adjustment under 

2 paragraph (1) shall be distributed in accordance 

3 with this section. 

4 (i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA5 TIVE EXPENSES.—Notwithstanding any other provision of 

6 law, the total amount of all obligations under section 

7 104(a) of title 23, United States Code, shall not exceed— 

8 (1) $415,283,019 for fiscal year 2005; 

9 (2) $428,679,245 for fiscal year 2006; 

10 (3) $442,075,472 for fiscal year 2007; 

11 (4) $455,471,698 for fiscal year 2008; and 

12 (5) $468,867,925 for fiscal year 2009. 

13 (j) NATIONAL HIGHWAY SYSTEM COMPONENT.—Sec14 tion 104(b)(1) of title 23, United States Code, is amended 

15 by striking ‘‘$36,400,000’’ and insert ‘‘$44,654,088’’. 

16 SEC. 1103. APPORTIONMENTS. 

17 (a) ADMINISTRATIVE EXPENSES.— 

18 (1) IN GENERAL.—Section 104 of title 23, 

19 United States Code, is amended by striking sub20 section (a) and inserting the following: 

21 ‘‘(a) ADMINISTRATIVE EXPENSES.— 

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

23 appropriated from the Highway Trust Fund (other 

24 than the Mass Transit Account) to be made avail25 able to the Secretary of Transportation for adminis-
41 

•S 732 PCS 

1 trative expenses of the Federal Highway Administra2 tion— 

3 ‘‘(1) $415,283,019 for fiscal year 2005; 

4 ‘‘(2) $428,679,245 for fiscal year 2006; 

5 ‘‘(3) $442,075,472 for fiscal year 2007; 

6 ‘‘(4) $455,471,698 for fiscal year 2008; and 

7 ‘‘(5) $468,867,925 for fiscal year 2009. 

8 ‘‘(2) PURPOSES.—The funds authorized by this 

9 subsection shall be used— 

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; and 

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 ‘‘(3) AVAILABILITY.—The funds made available 

20 under paragraph (1) shall remain available until ex21 pended.’’. 

22 (2) CONFORMING AMENDMENTS.—Section 104 

23 of title 23, United States Code, is amended— 
42 

•S 732 PCS 

1 (A) in the matter preceding paragraph (1) 

2 of subsection (b), by striking ‘‘the deduction au3 thorized by subsection (a) and’’; 

4 (B) in the first sentence of subsection 

5 (e)(1), by striking ‘‘, and also’’ and all that fol6 lows through ‘‘this section’’; and 

7 (C) in subsection (i), by striking ‘‘de8 ducted’’ and inserting ‘‘made available’’. 

9 (b) METROPOLITAN PLANNING.—Section 104(f) of 

10 title 23, United States Code, is amended— 

11 (1) by striking paragraph (1) and inserting the 

12 following: 

13 ‘‘(1) SET-ASIDE.—On October 1 of each fiscal 

14 year, the Secretary shall set aside 1.5 percent of the 

15 funds authorized to be appropriated for the Inter16 state maintenance, national highway system, surface 

17 transportation, congestion mitigation and air quality 

18 improvement, highway safety improvement, and 

19 highway bridge programs authorized under this title 

20 to carry out the requirements of section 134.’’; 

21 (2) in paragraph (2), by striking ‘‘per centum’’ 

22 and inserting ‘‘percent’’; 

23 (3) in paragraph (3)— 

24 (A) by striking ‘‘The funds’’ and inserting 

25 the following: 
43 

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1 ‘‘(A) IN GENERAL.—The funds’’; and 

2 (B) by striking ‘‘These funds’’ and all that 

3 follows and inserting the following: 

4 ‘‘(B) UNUSED FUNDS.—Any funds that 

5 are not used to carry out section 134 may be 

6 made available by a metropolitan planning or7 ganization to the State to fund activities under 

8 section 135.’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(6) FEDERAL SHARE.—Funds apportioned to 

11 a State under this subsection shall be matched in ac12 cordance with section 120(b) unless the Secretary 

13 determines that the interests of the Federal-aid 

14 highway program would be best served without the 

15 match.’’. 

16 (c) ALASKA HIGHWAY.—Section 104(b)(1)(A) of title 

17 23, United States Code, is amended by striking ‘‘1998 

18 through 2002’’ and inserting ‘‘2005 through 2009’’. 

19 SEC. 1104. EQUITY BONUS PROGRAM. 

20 (a) IN GENERAL.—Section 105 of title 23, United 

21 States Code, is amended to read as follows: 

22 ‘‘§ 105. Equity bonus program 

23 ‘‘(a) PROGRAM.— 

24 ‘‘(1) IN GENERAL.—Subject to subsections (c) 

25 and (d), for each of fiscal years 2005 through 2009, 
44 

•S 732 PCS 

1 the Secretary shall allocate among the States 

2 amounts sufficient to ensure that no State receives 

3 a percentage of the total apportionments for the fis4 cal year for the programs specified in paragraph (2) 

5 that is less than the percentage calculated under 

6 subsection (b). 

7 ‘‘(2) SPECIFIC PROGRAMS.—The programs re8 ferred to in subsection (a) are— 

9 ‘‘(A) the Interstate maintenance program 

10 under section 119; 

11 ‘‘(B) the national highway system program 

12 under section 103; 

13 ‘‘(C) the bridge program under section 

14 144; 

15 ‘‘(D) the surface transportation program 

16 under section 133; 

17 ‘‘(E) the highway safety improvement pro18 gram under section 148; 

19 ‘‘(F) the congestion mitigation and air 

20 quality improvement program under section 

21 149; 

22 ‘‘(G) metropolitan planning programs 

23 under section 104(f) (other than planning pro24 grams funded by amounts provided under the 

25 equity bonus program under this section); 
45 

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1 ‘‘(H) the infrastructure performance and 

2 maintenance program under section 139; 

3 ‘‘(I) the equity bonus program under this 

4 section; 

5 ‘‘(J) the Appalachian development highway 

6 system program under subtitle IV of title 40; 

7 ‘‘(K) the recreational trails program under 

8 section 206; 

9 ‘‘(L) the safe routes to schools program 

10 under section 150; and 

11 ‘‘(M) the rail-highway grade crossing pro12 gram under section 130. 

13 ‘‘(b) STATE PERCENTAGE.— 

14 ‘‘(1) IN GENERAL.—The percentage referred to 

15 in subsection (a) for each State shall be— 

16 ‘‘(A) 92 percent of the quotient obtained 

17 by dividing— 

18 ‘‘(i) the estimated tax payments at19 tributable to highway users in the State 

20 paid into the Highway Trust Fund (other 

21 than the Mass Transit Account) in the 

22 most recent fiscal year for which data are 

23 available; by 

24 ‘‘(ii) the estimated tax payments at25 tributable to highway users in all States 
46 

•S 732 PCS 

1 paid into the Highway Trust Fund (other 

2 than the Mass Transit Account) for the 

3 fiscal year; or 

4 ‘‘(B) for a State with a total population 

5 density of less than 20 persons per square mile, 

6 as reported in the decennial census conducted 

7 by the Federal Government in 2000, a total 

8 population of less than 1,000,000, as reported 

9 in that decennial census, a median household 

10 income of less than $35,000, as reported in 

11 that decennial census, or a State with a fatality 

12 rate during 2002 on Interstate highways that is 

13 greater than 1 fatality for each 100,000,000 ve14 hicle miles traveled on Interstate highways, the 

15 greater of— 

16 ‘‘(i) the percentage under paragraph 

17 (1); or 

18 ‘‘(ii) the average percentage of the 

19 State’s share of total apportionments for 

20 the period of fiscal years 1998 through 

21 2003 for the programs specified in para22 graph (2). 

23 ‘‘(2) SPECIFIC PROGRAMS.—The programs re24 ferred to in paragraph (1)(B)(ii) are (as in effect on 

25 the day before the date of enactment of the Safe, 
47 

•S 732 PCS 

1 Accountable, Flexible, and Efficient Transportation 

2 Equity Act of 2005)— 

3 ‘‘(A) the Interstate maintenance program 

4 under section 119; 

5 ‘‘(B) the national highway system program 

6 under section 103; 

7 ‘‘(C) the bridge program under section 

8 144; 

9 ‘‘(D) the surface transportation program 

10 under section 133; 

11 ‘‘(E) the recreational trails program under 

12 section 206; 

13 ‘‘(F) the high priority projects program 

14 under section 117; 

15 ‘‘(G) the minimum guarantee provided 

16 under this section; 

17 ‘‘(H) revenue aligned budget authority 

18 amounts provided under section 110; 

19 ‘‘(I) the congestion mitigation and air 

20 quality improvement program under section 

21 149; 

22 ‘‘(J) the Appalachian development highway 

23 system program under subtitle IV of title 40; 

24 and 
48 

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1 ‘‘(K) metropolitan planning programs 

2 under section 104(f). 

3 ‘‘(c) SPECIAL RULES.— 

4 ‘‘(1) MINIMUM COMBINED ALLOCATION.—For 

5 each fiscal year, before making the allocations under 

6 subsection (a)(1), the Secretary shall allocate among 

7 the States amounts sufficient to ensure that no 

8 State receives a combined total of amounts allocated 

9 under subsection (a)(1), apportionments for the pro10 grams specified in subsection (a)(2), and amounts 

11 allocated under this subsection, that is less than 110 

12 percent of the average for fiscal years 1998 through 

13 2003 of the annual apportionments for the State for 

14 all programs specified in subsection (b)(2). 

15 ‘‘(2) NO NEGATIVE ADJUSTMENT.—Notwith16 standing subsection (d), no negative adjustment 

17 shall be made under subsection (a)(1) to the appor18 tionment of any State. 

19 ‘‘(3) MINIMUM SHARE OF TAX PAYMENTS.— 

20 Notwithstanding subsection (d), for each fiscal year, 

21 the Secretary shall allocate among the States 

22 amounts sufficient to ensure that no State receives 

23 a percentage of apportionments for the fiscal year 

24 for the programs specified in subsection (a)(2) that 

25 is less than 90.5 percent of the percentage share of 
49 

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1 the State of estimated tax payments attributable to 

2 highway users in the State paid into the Highway 

3 Trust Fund (other than the Mass Transit Account) 

4 in the most recent fiscal year for which data are 

5 available. 

6 ‘‘(d) LIMITATION ON ADJUSTMENTS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graphs (2) and (3) of subsection (c), no State shall 

9 receive, for any fiscal year, additional amounts 

10 under subsection (a)(1) if— 

11 ‘‘(A) the total apportionments of the State 

12 for the fiscal year for the programs specified in 

13 subsection (a)(2); exceed 

14 ‘‘(B) the percentage of the average, for the 

15 period of fiscal years 1998 through 2003, of the 

16 annual apportionments of the State for all pro17 grams specified in subsection (b)(2), as speci18 fied in paragraph (2). 

19 ‘‘(2) PERCENTAGES.—The percentages referred 

20 to in paragraph (1)(B) are— 

21 ‘‘(A) for fiscal year 2005, 119 percent; 

22 ‘‘(B) for fiscal year 2006, 122 percent; 

23 ‘‘(C) for fiscal year 2007, 123 percent; 

24 ‘‘(D) for fiscal year 2008, 128 percent; 

25 and 
50 

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1 ‘‘(E) for fiscal year 2009, 250 percent. 

2 ‘‘(e) PROGRAMMATIC DISTRIBUTION OF FUNDS.— 

3 The Secretary shall apportion the amounts made available 

4 under this section so that the amount apportioned to each 

5 State under this section for each program referred to in 

6 subparagraphs (A) through (G) of subsection (a)(2) is 

7 equal to the amount determined by multiplying the 

8 amount to be apportioned under this section by the pro9 portion that— 

10 ‘‘(1) the amount of funds apportioned to each 

11 State for each program referred to in subparagraphs 

12 (A) through (G) of subsection (a)(2) for a fiscal 

13 year; bears to 

14 ‘‘(2) the total amount of funds apportioned to 

15 each State for all such programs for the fiscal year. 

16 ‘‘(f) METRO PLANNING SET ASIDE.—Notwith17 standing section 104(f), no set aside provided for under 

18 that section shall apply to funds allocated under this sec19 tion. 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated from the Highway Trust 

22 Fund (other than the Mass Transit Account) such sums 

23 as are necessary to carry out this section for each of fiscal 

24 years 2005 through 2009.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 subchapter I of chapter 1 of title 23, United States Code, 

3 is amended by striking the item relating to section 105 

4 and inserting the following: 

‘‘105. Equity bonus program.’’ 

5 SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY. 

6 Section 110 of title 23, United States Code, is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in paragraphs (1) and (2), by striking 

10 ‘‘2000’’ and inserting ‘‘2006’’; 

11 (B) in paragraph (1), by inserting ‘‘(as in 

12 effect on September 30, 2002)’’ after ‘‘(2 

13 U.S.C. 901(b)(2)(B)(ii)(I)(cc))’’; and 

14 (C) in paragraph (2)— 

15 (i) by striking ‘‘If the amount’’ and 

16 inserting the following: 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), if the amount’’; 

19 (ii) by inserting ‘‘(as in effect on Sep20 tember 30, 2002)’’ after ‘‘(2 U.S.C. 

21 901(b)(1)(B)(ii)(I)(cc)’’; 

22 (iii) by striking ‘‘the succeeding’’ and 

23 inserting ‘‘that’’; 

24 (iv) by striking ‘‘and the motor carrier 

25 safety grant program’’; and 
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1 (v) by adding at the end the following: 

2 ‘‘(B) LIMITATION.—No reduction under 

3 subparagraph (A) shall be made for a fiscal 

4 year if, as of October 1 of the fiscal year, the 

5 cash balance in the Highway Trust Fund (other 

6 than the Mass Transit Account) exceeds 

7 $6,000,000,000.’’; 

8 (2) in subsection (b)(1), by striking subpara9 graph (A) and inserting the following: 

10 ‘‘(A) the sums authorized to be appro11 priated from the Highway Trust Fund (other 

12 than the Mass Transit Account) for each of the 

13 Federal-aid highway and highway safety con14 struction programs (other than the equity 

15 bonus program) and for which funds are allo16 cated from the Highway Trust Fund by the 

17 Secretary under this title and the Safe, Ac18 countable, Flexible, and Efficient Transpor19 tation Equity Act of 2005; bears to’’; 

20 (3) in subsection (c), by inserting ‘‘the highway 

21 safety improvement program,’’ after ‘‘the surface 

22 transportation program,’’; and 

23 (4) by striking subsections (e), (f), and (g). 
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1 Subtitle B—New Programs 

2 SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTE3 NANCE PROGRAM. 

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

5 23, United States Code, is amended by inserting after sec6 tion 138 the following: 

7 ‘‘§ 139. Infrastructure performance and maintenance 

8 program 

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab10 lish and implement an infrastructure performance and 

11 maintenance program in accordance with this section. 

12 ‘‘(b) ELIGIBLE PROJECTS.—A State may obligate 

13 funds allocated to the State under this section only for 

14 projects eligible under the Interstate maintenance pro15 gram under section 119, the National Highway System 

16 program under section 103, the surface transportation 

17 program under section 133, the highway safety improve18 ment program under section 148, the highway bridge pro19 gram under section 144, and the congestion mitigation 

20 and air quality improvement program under section 149 

21 that will— 

22 ‘‘(1) preserve, maintain, or otherwise extend, in 

23 a cost-effective manner, the useful life of existing 

24 highway infrastructure elements and hurricane evac25 uation routes on the Federal-aid system; or 
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1 ‘‘(2) provide operational improvements (includ2 ing traffic management and intelligent transpor3 tation system strategies and limited capacity en4 hancements) at points of recurring highway conges5 tion or through transportation systemic changes to 

6 manage or ameliorate congestion. 

7 ‘‘(c) PERIOD OF AVAILABILITY.— 

8 ‘‘(1) OBLIGATION WITHIN 180 DAYS.— 

9 ‘‘(A) IN GENERAL.—Funds allocated to a 

10 State under this section shall be obligated by 

11 the State not later than 180 days after the date 

12 of apportionment. 

13 ‘‘(B) UNOBLIGATED FUNDS.—Any 

14 amounts that remain unobligated at the end of 

15 that period shall be allocated in accordance with 

16 subsection (d). 

17 ‘‘(2) OBLIGATION BY END OF FISCAL YEAR.— 

18 ‘‘(A) IN GENERAL.—All funds allocated or 

19 reallocated under this section shall remain 

20 available for obligation until the last day of the 

21 fiscal year for which the funds are apportioned. 

22 ‘‘(B) UNOBLIGATED FUNDS.—Any 

23 amounts allocated that remain unobligated at 

24 the end of the fiscal year shall lapse. 
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1 ‘‘(d) REDISTRIBUTION OF ALLOCATED FUNDS AND

2 OBLIGATION AUTHORITY.— 

3 ‘‘(1) IN GENERAL.—On the date that is 180 

4 days after the date of allocation, or as soon there5 after as practicable, for each fiscal year, the Sec6 retary shall— 

7 ‘‘(A) withdraw— 

8 ‘‘(i) any funds allocated to a State 

9 under this section that remain unobligated; 

10 and 

11 ‘‘(ii) an equal amount of obligation 

12 authority provided for the use of the funds 

13 in accordance with section 1101(13) of the 

14 Safe, Accountable, Flexible, and Efficient 

15 Transportation Equity Act of 2005; and 

16 ‘‘(B) reallocate the funds and redistribute 

17 the obligation authority to those States that— 

18 ‘‘(i) have fully obligated all amounts 

19 allocated under this section for the fiscal 

20 year; and 

21 ‘‘(ii) demonstrate that the State is 

22 able to obligate additional amounts for 

23 projects eligible under this section before 

24 the end of the fiscal year. 
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1 ‘‘(2) EQUITY BONUS.—The calculation and dis2 tribution of funds under section 105 shall be ad3 justed as a result of the allocation of funds under 

4 this subsection. 

5 ‘‘(e) FEDERAL SHARE PAYABLE.—The Federal share 

6 payable for a project funded under this section shall be 

7 determined in accordance with section 120.’’. 

8 (b) CONFORMING AMENDMENT.—The analysis for 

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

10 adding after the item relating to section 138 the following: 

‘‘139. Infrastructure performance and maintenance program.’’. 

11 SEC. 1202. FUTURE OF SURFACE TRANSPORTATION SYS12 TEM. 

13 (a) DECLARATION OF POLICY.—Section 101 of title 

14 23, United States Code, is amended— 

15 (1) by striking ‘‘(b) It is hereby declared to be’’ 

16 and inserting the following: 

17 ‘‘(b) DECLARATION OF POLICY.— 

18 ‘‘(1) ACCELERATION OF CONSTRUCTION OF

19 FEDERAL-AID HIGHWAY SYSTEMS.—Congress de20 clares that it is’’; 

21 (2) in the second paragraph, by striking ‘‘It is 

22 hereby declared’’ and inserting the following: 

23 ‘‘(2) COMPLETION OF INTERSTATE SYSTEM.— 

24 Congress declares’’; and 
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1 (3) by striking the last paragraph and inserting 

2 the following: 

3 ‘‘(3) TRANSPORTATION NEEDS OF 21ST CEN4 TURY.—Congress declares that— 

5 ‘‘(A) it is in the national interest to pre6 serve and enhance the surface transportation 

7 system to meet the needs of the United States 

8 for the 21st Century; 

9 ‘‘(B) the current urban and long distance 

10 personal travel and freight movement demands 

11 have surpassed the original forecasts and travel 

12 demand patterns are expected to change; 

13 ‘‘(C) continued planning for and invest14 ment in surface transportation is critical to en15 sure the surface transportation system ade16 quately meets the changing travel demands of 

17 the future; 

18 ‘‘(D) among the foremost needs that the 

19 surface transportation system must meet to 

20 provide for a strong and vigorous national econ21 omy are safe, efficient, and reliable— 

22 ‘‘(i) national and interregional per23 sonal mobility (including personal mobility 

24 in rural and urban areas) and reduced con25 gestion; 
58 

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1 ‘‘(ii) flow of interstate and inter2 national commerce and freight transpor3 tation; and 

4 ‘‘(iii) travel movements essential for 

5 national security; 

6 ‘‘(E) special emphasis should be devoted to 

7 providing safe and efficient access for the type 

8 and size of commercial and military vehicles 

9 that access designated National Highway Sys10 tem intermodal freight terminals; 

11 ‘‘(F) it is in the national interest to seek 

12 ways to eliminate barriers to transportation in13 vestment created by the current modal struc14 ture of transportation financing; 

15 ‘‘(G) the connection between land use and 

16 infrastructure is significant; 

17 ‘‘(H) transportation should play a signifi18 cant role in promoting economic growth, im19 proving the environment, and sustaining the 

20 quality of life; and 

21 ‘‘(I) the Secretary should take appropriate 

22 actions to preserve and enhance the Interstate 

23 System to meet the needs of the 21st Cen24 tury.’’. 
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1 (b) NATIONAL SURFACE TRANSPORTATION SYSTEM

2 STUDY.— 

3 (1) IN GENERAL.—The Secretary shall— 

4 (A) conduct a complete investigation and 

5 study of the current condition and future needs 

6 of the surface transportation system of the 

7 United States, including— 

8 (i) the National Highway System; 

9 (ii) the Interstate System; 

10 (iii) the strategic highway network; 

11 (iv) congressional high priority cor12 ridors; 

13 (v) intermodal connectors; 

14 (vi) freight facilities; 

15 (vii) navigable waterways; 

16 (viii) mass transportation; 

17 (ix) freight and intercity passenger 

18 rail infrastructure and facilities; and 

19 (x) surface access to airports; and 

20 (B) develop a conceptual plan, with alter21 native approaches, for the future to ensure that 

22 the surface transportation system will continue 

23 to serve the needs of the United States, includ24 ing specific recommendations regarding design 
60 

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1 and operational standards, Federal policies, and 

2 legislative changes. 

3 (2) SPECIFIC ISSUES.—In conducting the inves4 tigation and study, the Secretary shall specifically 

5 address— 

6 (A) the current condition and performance 

7 of the Interstate System (including the physical 

8 condition of bridges and pavements and oper9 ational characteristics and performance), rely10 ing primarily on existing data sources; 

11 (B) the future of the Interstate System, 

12 based on a range of legislative and policy ap13 proaches for 15-, 30-, and 50-year time periods; 

14 (C) the expected demographics and busi15 ness uses that impact the surface transpor16 tation system; 

17 (D) the expected use of the surface trans18 portation system, including the effects of chang19 ing vehicle types, modes of transportation, fleet 

20 size and weights, and traffic volumes; 

21 (E) desirable design policies and standards 

22 for future improvements of the surface trans23 portation system, including additional access 

24 points; 
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1 (F) the identification of urban, rural, na2 tional, and interregional needs for the surface 

3 transportation system; 

4 (G) the potential for expansion, upgrades, 

5 or other changes to the surface transportation 

6 system, including— 

7 (i) deployment of advanced materials 

8 and intelligent technologies; 

9 (ii) critical multistate, urban, and 

10 rural corridors needing capacity, safety, 

11 and operational enhancements; 

12 (iii) improvements to intermodal link13 ages; 

14 (iv) security and military deployment 

15 enhancements; 

16 (v) strategies to enhance asset preser17 vation; and 

18 (vi) implementation strategies; 

19 (H) the improvement of emergency pre20 paredness and evacuation using the surface 

21 transportation system, including— 

22 (i) examination of the potential use of 

23 all modes of the surface transportation sys24 tem in the safe and efficient evacuation of 

25 citizens during times of emergency; 
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1 (ii) identification of the location of 

2 critical bottlenecks; and 

3 (iii) development of strategies to im4 prove system redundancy, especially in 

5 areas with a high potential for terrorist at6 tacks; 

7 (I) alternatives for addressing environ8 mental concerns associated with the future de9 velopment of the surface transportation system; 

10 (J) the evaluation and assessment of the 

11 current and future capabilities for conducting 

12 system-wide real-time performance data collec13 tion and analysis, traffic monitoring, and trans14 portation systems operations and management; 

15 and 

16 (K) a range of policy and legislative alter17 natives for addressing future needs for the sur18 face transportation system, including funding 

19 needs and potential approaches to provide 

20 funds. 

21 (3) TECHNICAL ADVISORY COMMITTEE.—The 

22 Secretary shall establish a technical advisory com23 mittee, in a manner consistent with the Federal Ad24 visory Committee Act (5 U.S.C. App.), to collect and 

25 evaluate technical input from— 
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1 (A) the Department of Defense; 

2 (B) appropriate Federal, State, and local 

3 officials with responsibility for transportation; 

4 (C) appropriate State and local elected of5 ficials; 

6 (D) transportation and trade associations; 

7 (E) emergency management officials; 

8 (F) freight providers; 

9 (G) the general public; and 

10 (H) other entities and persons determined 

11 appropriate by the Secretary to ensure a diverse 

12 range of views. 

13 (4) REPORT.—Not later than 4 years after the 

14 date of enactment of this Act, the Secretary shall 

15 submit to the Committee on Environment and Pub16 lic Works of the Senate and the Committee on 

17 Transportation and Infrastructure of the House of 

18 Representatives, and make readily available to the 

19 public, a report on the results of the investigation 

20 and study conducted under this subsection. 

21 SEC. 1203. FREIGHT TRANSPORTATION GATEWAYS; 

22 FREIGHT INTERMODAL CONNECTIONS. 

23 (a) FREIGHT TRANSPORTATION GATEWAYS.—Chap24 ter 3 of title 23, United States Code, is amended by add25 ing at the end the following: 
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1 ‘‘§ 325. Freight transportation gateways 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) ESTABLISHMENT.—The Secretary shall es4 tablish a freight transportation gateways program to 

5 improve productivity, security, and safety of freight 

6 transportation gateways, while mitigating congestion 

7 and community impacts in the area of the gateways. 

8 ‘‘(2) PURPOSES.—The purposes of the freight 

9 transportation gateways program shall be— 

10 ‘‘(A) to facilitate and support multimodal 

11 freight transportation initiatives at the State 

12 and local levels in order to improve freight 

13 transportation gateways and mitigate the im14 pact of congestion on the environment in the 

15 area of the gateways; 

16 ‘‘(B) to provide capital funding to address 

17 infrastructure and freight operational needs at 

18 freight transportation gateways; 

19 ‘‘(C) to encourage adoption of new financ20 ing strategies to leverage State, local, and pri21 vate investment in freight transportation gate22 ways; 

23 ‘‘(D) to facilitate access to intermodal 

24 freight transfer facilities; and 

25 ‘‘(E) to increase economic efficiency by fa26 cilitating the movement of goods. 
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1 ‘‘(b) STATE RESPONSIBILITIES.— 

2 ‘‘(1) PROJECT DEVELOPMENT PROCESS.—Each 

3 State, in coordination with metropolitan planning or4 ganizations, shall ensure that intermodal freight 

5 transportation, trade facilitation, and economic de6 velopment needs are adequately considered and fully 

7 integrated into the project development process, in8 cluding transportation planning through final design 

9 and construction of freight-related transportation 

10 projects. 

11 ‘‘(2) FREIGHT TRANSPORTATION COORDI12 NATOR.— 

13 ‘‘(A) IN GENERAL.—Each State shall des14 ignate a freight transportation coordinator. 

15 ‘‘(B) DUTIES.—The coordinator shall— 

16 ‘‘(i) foster public and private sector 

17 collaboration needed to implement complex 

18 solutions to freight transportation and 

19 freight transportation gateway problems, 

20 including— 

21 ‘‘(I) coordination of metropolitan 

22 and statewide transportation activities 

23 with trade and economic interests; 

24 ‘‘(II) coordination with other 

25 States, agencies, and organizations to 
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1 find regional solutions to freight 

2 transportation problems; and 

3 ‘‘(III) coordination with local of4 ficials of the Department of Defense 

5 and the Department of Homeland Se6 curity, and with other organizations, 

7 to develop regional solutions to mili8 tary and homeland security transpor9 tation needs; and 

10 ‘‘(ii) promote programs that build 

11 professional capacity to better plan, coordi12 nate, integrate, and understand freight 

13 transportation needs for the State. 

14 ‘‘(c) INNOVATIVE FINANCE STRATEGIES.— 

15 ‘‘(1) IN GENERAL.—States and localities are 

16 encouraged to adopt innovative financing strategies 

17 for freight transportation gateway improvements, in18 cluding— 

19 ‘‘(A) new user fees; 

20 ‘‘(B) modifications to existing user fees, in21 cluding trade facilitation charges; 

22 ‘‘(C) revenue options that incorporate pri23 vate sector investment; and 

24 ‘‘(D) a blending of Federal-aid and innova25 tive finance programs. 
67 

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1 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

2 shall provide technical assistance to States and local3 ities with respect to the strategies. 

4 ‘‘(d) INTERMODAL FREIGHT TRANSPORTATION

5 PROJECTS.— 

6 ‘‘(1) USE OF SURFACE TRANSPORTATION PRO7 GRAM FUNDS.—A State may obligate funds appor8 tioned to the State under section 104(b)(3) for pub9 licly-owned intermodal freight transportation 

10 projects that provide community and highway bene11 fits by addressing economic, congestion, system reli12 ability, security, safety, or environmental issues as13 sociated with freight transportation gateways. 

14 ‘‘(2) ELIGIBLE PROJECTS.—A project eligible 

15 for funding under this section— 

16 ‘‘(A) may include publicly-owned inter17 modal freight transfer facilities, access to the 

18 facilities, and operational improvements for the 

19 facilities (including capital investment for intel20 ligent transportation systems), except that 

21 projects located within the boundaries of port 

22 terminals shall only include the surface trans23 portation infrastructure modifications necessary 

24 to facilitate direct intermodal interchange, 
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1 transfer, and access into and out of the port; 

2 and 

3 ‘‘(B) may involve the combining of private 

4 and public funds.’’. 

5 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION

6 PROGRAM FUNDS.—Section 133(b) of title 23, United 

7 States Code, is amended by inserting after paragraph (11) 

8 the following: 

9 ‘‘(12) Intermodal freight transportation projects 

10 in accordance with section 325(d)(2).’’. 

11 (c) FREIGHT INTERMODAL CONNECTIONS TO

12 NHS.—Section 103(b) of title 23, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(7) FREIGHT INTERMODAL CONNECTIONS TO

15 THE NHS.— 

16 ‘‘(A) FUNDING SET-ASIDE.—Of the funds 

17 apportioned to a State for each fiscal year 

18 under section 104(b)(1), an amount determined 

19 in accordance with subparagraph (B) shall only 

20 be available to the State to be obligated for 

21 projects on— 

22 ‘‘(i) National Highway System routes 

23 connecting to intermodal freight terminals 

24 identified according to criteria specified in 

25 the report to Congress entitled ‘Pulling To-
69 

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1 gether: The National Highway System and 

2 its Connections to Major Intermodal Ter3 minals’ dated May 24, 1996, referred to in 

4 paragraph (1), and any modifications to 

5 the connections that are consistent with 

6 paragraph (4); 

7 ‘‘(ii) strategic highway network con8 nectors to strategic military deployment 

9 ports; and 

10 ‘‘(iii) projects to eliminate railroad 

11 crossings or make railroad crossing im12 provements. 

13 ‘‘(B) DETERMINATION OF AMOUNT.—The 

14 amount of funds for each State for a fiscal year 

15 that shall be set aside under subparagraph (A) 

16 shall be equal to the greater of— 

17 ‘‘(i) the product obtained by multi18 plying— 

19 ‘‘(I) the total amount of funds 

20 apportioned to the State under section 

21 104(b)(1); by 

22 ‘‘(II) the percentage of miles that 

23 routes specified in subparagraph (A) 

24 constitute of the total miles on the 
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1 National Highway System in the 

2 State; or 

3 ‘‘(ii) 2 percent of the annual appor4 tionment to the State of funds under 

5 104(b)(1). 

6 ‘‘(C) EXEMPTION FROM SET-ASIDE.—For 

7 any fiscal year, a State may obligate the funds 

8 otherwise set aside by this paragraph for any 

9 project that is eligible under paragraph (6) and 

10 is located in the State on a segment of the Na11 tional Highway System specified in paragraph 

12 (2), if the State certifies and the Secretary con13 curs that— 

14 ‘‘(i) the designated National Highway 

15 System intermodal connectors described in 

16 subparagraph (A) are in good condition 

17 and provide an adequate level of service for 

18 military vehicle and civilian commercial ve19 hicle use; and 

20 ‘‘(ii) significant needs on the des21 ignated National Highway System inter22 modal connectors are being met or do not 

23 exist.’’. 
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1 (d) FEDERAL SHARE PAYABLE.—Section 120 of title 

2 23, United States Code, is amended by adding at the end 

3 the following: 

4 ‘‘(m) INCREASED FEDERAL SHARE FOR CONNEC5 TORS.—In the case of a project to support a National 

6 Highway System intermodal freight connection or stra7 tegic highway network connector to a strategic military 

8 deployment port described in section 103(b)(7), except as 

9 otherwise provided in section 120, the Federal share of 

10 the total cost of the project shall be 90 percent.’’. 

11 (e) LENGTH LIMITATIONS.—Section 31111(e) of title 

12 49, United States Code, is amended— 

13 (1) by striking ‘‘The’’ and inserting the fol14 lowing: 

15 ‘‘(1) IN GENERAL.—The’’; and 

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

17 ‘‘(2) LENGTH LIMITATIONS.—In the interests of 

18 economic competitiveness, security, and intermodal 

19 connectivity, not later than 3 years after the date of 

20 enactment of this paragraph, States shall update the 

21 list of those qualifying highways to include— 

22 ‘‘(A) strategic highway network connectors 

23 to strategic military deployment ports; and 

24 ‘‘(B) National Highway System intermodal 

25 freight connections serving military and com-
72 

•S 732 PCS 

1 mercial truck traffic going to major intermodal 

2 terminals as described in section 

3 103(b)(7)(A)(i).’’. 

4 (f) CONFORMING AMENDMENT.—The analysis of 

5 chapter 3 of title 23, United States Code, is amended by 

6 adding at the end the following: 

‘‘325. Freight transportation gateways.’’. 

7 SEC. 1204. CONSTRUCTION OF FERRY BOATS AND FERRY 

8 TERMINAL AND MAINTENANCE FACILITIES; 

9 COORDINATION OF FERRY CONSTRUCTION 

10 AND MAINTENANCE. 

11 (a) IN GENERAL.—Section 147 of title 23, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 147. Construction of ferry boats and ferry terminal 

14 and maintenance facilities; coordination 

15 of ferry construction and maintenance 

16 ‘‘(a) CONSTRUCTION OF FERRY BOATS AND FERRY

17 TERMINAL FACILITIES.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall carry 

19 out a program for construction of ferry boats and 

20 ferry terminal facilities in accordance with section 

21 129(c). 

22 ‘‘(2) FEDERAL SHARE.—The Federal share of 

23 the cost of construction of ferry boats and ferry ter24 minals and maintenance facilities under this sub25 section shall be 80 percent. 
73 

•S 732 PCS 

1 ‘‘(3) ALLOCATION OF FUNDS.—The Secretary 

2 shall give priority in the allocation of funds under 

3 this subsection to those ferry systems, and public en4 tities responsible for developing ferries, that— 

5 ‘‘(A) carry the greatest number of pas6 sengers and vehicles; 

7 ‘‘(B) carry the greatest number of pas8 sengers in passenger-only service; or 

9 ‘‘(C) provide critical access to areas that 

10 are not well-served by other modes of surface 

11 transportation. 

12 ‘‘(b) NON-CONTRACT AUTHORITY AUTHORIZATION

13 OF APPROPRIATIONS.— 

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

15 appropriated from the Highway Trust Fund (other 

16 than the Mass Transit Account) $54,154,424 for 

17 each fiscal year to carry out this section. 

18 ‘‘(2) AVAILABILITY.—Notwithstanding section 

19 118(a), funds made available under paragraph (1) 

20 shall be available in advance of an annual appropria21 tion.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) The analysis for subchapter I of chapter 1 

24 of title 23, United States Code, is amended by strik-
74 

•S 732 PCS 

1 ing the item relating to section 147 and inserting 

2 the following: 

‘‘147. Construction of ferry boats and ferry terminal and maintenance facilities.’’. 

3 (2) Section 1064 of the Intermodal Surface 

4 Transportation Efficiency Act of 1991 (105 Stat. 

5 2005) is repealed. 

6 SEC. 1205. DESIGNATION OF INTERSTATE HIGHWAYS. 

7 (a) DESIGNATION OF DANIEL PATRICK MOYNIHAN

8 INTERSTATE HIGHWAY.— 

9 (1) DESIGNATION.—Interstate Route 86 in the 

10 State of New York, extending from the Pennsylvania 

11 border near Lake Erie through Orange County, New 

12 York, shall be known and designated as the ‘‘Daniel 

13 Patrick Moynihan Interstate Highway’’. 

14 (2) REFERENCES.—Any reference in a law, 

15 map, regulation, document, paper, or other record of 

16 the United States to the highway referred to in 

17 paragraph (1) shall be deemed to be a reference to 

18 the Daniel Patrick Moynihan Interstate Highway. 

19 (b) DESIGNATION OF AMO HOUGHTON BYPASS.— 

20 (1) DESIGNATION.—The 3-mile segment of 

21 Interstate Route 86 between the interchange of 

22 Interstate Route 86 with New York State Route 15 

23 in the vicinity of Painted Post, New York, and the 

24 interchange of Interstate Route 86 with New York 
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1 State Route 352 in the vicinity of Corning, New 

2 York, shall be known and designated as the ‘‘Amo 

3 Houghton Bypass’’. 

4 (2) REFERENCES.—Any reference in a law, 

5 map, regulation, document, paper, or other record of 

6 the United States to the highway referred to in 

7 paragraph (1) shall be deemed to be a reference to 

8 the Amo Houghton Bypass. 

9 SEC. 1206. STATE-BY-STATE COMPARISON OF HIGHWAY 

10 CONSTRUCTION COSTS. 

11 (a) COLLECTION OF DATA.— 

12 (1) IN GENERAL.—The Administrator of the 

13 Federal Highway Administration (referred to in this 

14 section as the ‘‘Administrator’’) shall collect from 

15 States any bid price data that is necessary to make 

16 State-by-State comparisons of highway construction 

17 costs. 

18 (2) DATA REQUIRED.—In determining which 

19 data to collect and the procedures for collecting 

20 data, the Administrator shall take into account the 

21 data collection deficiencies identified in the report 

22 prepared by the General Accounting Office num23 bered GAO–04–113R. 

24 (b) REPORT.— 
76 

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1 (1) IN GENERAL.—The Administrator shall 

2 submit to Congress an annual report on the bid 

3 price data collected under subsection (a). 

4 (2) INCLUSIONS.—The report shall include— 

5 (A) State-by-State comparisons of highway 

6 construction costs for the previous fiscal year 

7 (including the cost to construct a 1-mile road 

8 segment of a standard design, as determined by 

9 the Administrator); and 

10 (B) a description of the competitive bid11 ding procedures used in each State; and 

12 (C) a determination by Administrator as to 

13 whether the competitive bidding procedures de14 scribed under subparagraph (B) are effective. 

15 (c) INNOVATIVE AND COST-EFFECTIVE MATE16 RIALS.—The Secretary shall encourage and provide incen17 tives to States to make maximum use of innovative and 

18 cost-effective materials and products in highway construc19 tion. 

20 Subtitle C—Finance 

21 SEC. 1301. FEDERAL SHARE. 

22 Section 120 of title 23, United States Code, is 

23 amended— 

24 (1) in subsection (a), by striking paragraph (1) 

25 and inserting the following: 
77 

•S 732 PCS 

1 ‘‘(1) IN GENERAL.—Except as otherwise pro2 vided in this chapter, the Federal share payable on 

3 account of any project on the Interstate System (in4 cluding a project to add high occupancy vehicle lanes 

5 and a project to add auxiliary lanes but excluding a 

6 project to add any other lanes) shall be 90 percent 

7 of the total cost of the project.’’; 

8 (2) in subsection (b)— 

9 (A) by striking ‘‘Except as otherwise’’ and 

10 inserting the following: 

11 ‘‘(1) IN GENERAL.—Except as otherwise’’; 

12 (B) by striking ‘‘shall be—’’ and all that 

13 follows and inserting ‘‘shall be 80 percent of the 

14 cost of the project.’’; and 

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

16 ‘‘(2) STATE-DETERMINED LOWER FEDERAL

17 SHARE.—In the case of any project subject to this 

18 subsection, a State may determine a lower Federal 

19 share than the Federal share determined under 

20 paragraph (1).’’; 

21 (3) by striking subsection (d) and inserting the 

22 following: 

23 ‘‘(d) INCREASED FEDERAL SHARE.— 

24 ‘‘(1) IN GENERAL.—The Federal share payable 

25 under subsection (a) or (b) may be increased for 
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1 projects and activities in each State in which is lo2 cated— 

3 ‘‘(A) nontaxable Indian land; 

4 ‘‘(B) public land (reserved or unreserved); 

5 ‘‘(C) a national forest; or 

6 ‘‘(D) a national park or monument. 

7 ‘‘(2) AMOUNT.— 

8 ‘‘(A) IN GENERAL.—The Federal share for 

9 States described in paragraph (1) shall be in10 creased by a percentage of the remaining cost 

11 that— 

12 ‘‘(i) is equal to the percentage that— 

13 ‘‘(I) the area of all land described 

14 in paragraph (1) in a State; bears to 

15 ‘‘(II) the total area of the State; 

16 but 

17 ‘‘(ii) does not exceed 95 percent of the 

18 total cost of the project or activity for 

19 which the Federal share is provided. 

20 ‘‘(B) ADJUSTMENT.—The Secretary shall 

21 adjust the Federal share for States under sub22 paragraph (A) as the Secretary determines nec23 essary, on the basis of data provided by the 

24 Federal agencies that are responsible for main25 taining the data.’’. 
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1 SEC. 1302. TRANSFER OF HIGHWAY AND TRANSIT FUNDS. 

2 Section 104 of title 23, United States Code, is 

3 amended by striking subsection (k) and inserting the fol4 lowing: 

5 ‘‘(k) TRANSFER OF HIGHWAY AND TRANSIT

6 FUNDS.— 

7 ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR

8 TRANSIT PROJECTS.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), funds made available for transit 

11 projects or transportation planning under this 

12 title may be transferred to and administered by 

13 the Secretary in accordance with chapter 53 of 

14 title 49. 

15 ‘‘(B) NON-FEDERAL SHARE.—The provi16 sions of this title relating to the non-Federal 

17 share shall apply to the transferred funds. 

18 ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH19 WAY PROJECTS.—Funds made available for highway 

20 projects or transportation planning under chapter 53 

21 of title 49 may be transferred to and administered 

22 by the Secretary in accordance with this title. 

23 ‘‘(3) TRANSFER OF HIGHWAY FUNDS TO OTHER

24 FEDERAL AGENCIES.— 

25 ‘‘(A) IN GENERAL.—Except as provided in 

26 clauses (i) and (ii) and subparagraph (B), 
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1 funds made available under this title or any 

2 other Act that are derived from Highway Trust 

3 Fund (other than the Mass Transit account) 

4 may be transferred to another Federal agency 

5 if— 

6 ‘‘(i)(I) an expenditure is specifically 

7 authorized in Federal-aid highway legisla8 tion or as a line item in an appropriation 

9 act; or 

10 ‘‘(II) a State transportation depart11 ment consents to the transfer of funds; 

12 ‘‘(ii) the Secretary determines, after 

13 consultation with the State transportation 

14 department (as appropriate), that the Fed15 eral agency should carry out a project with 

16 the funds; and 

17 ‘‘(iii) the other Federal agency agrees 

18 to accept the transfer of funds and to ad19 minister the project. 

20 ‘‘(B) ADMINISTRATION.— 

21 ‘‘(i) PROCEDURES.—A project carried 

22 out with funds transferred to a Federal 

23 agency under subparagraph (A) shall be 

24 administered by the Federal agency under 

25 the procedures of the Federal agency. 
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1 ‘‘(ii) APPROPRIATIONS.—Funds trans2 ferred to a Federal agency under subpara3 graph (A) shall not be considered an aug4 mentation of the appropriations of the 

5 Federal agency. 

6 ‘‘(iii) NON-FEDERAL SHARE.—The 

7 provisions of this title, or an Act described 

8 in subparagraph (A), relating to the non9 Federal share shall apply to a project car10 ried out with the transferred funds, unless 

11 the Secretary determines that it is in the 

12 best interest of the United States that the 

13 non-Federal share be waived. 

14 ‘‘(4) TRANSFER OF FUNDS AMONG STATES OR

15 TO FEDERAL HIGHWAY ADMINISTRATION.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graphs (B) through (D), the Secretary may, at 

18 the request of a State, transfer funds appor19 tioned or allocated to the State to another 

20 State, or to the Federal Highway Administra21 tion, for the purpose of funding 1 or more spe22 cific projects. 

23 ‘‘(B) ADMINISTRATION.—The transferred 

24 funds shall be used for the same purpose and 
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1 in the same manner for which the transferred 

2 funds were authorized. 

3 ‘‘(C) APPORTIONMENT.—The transfer 

4 shall have no effect on any apportionment for5 mula used to distribute funds to States under 

6 this section or section 105 or 144. 

7 ‘‘(D) SURFACE TRANSPORTATION PRO8 GRAM.—Funds that are apportioned or allo9 cated to a State under subsection (b)(3) and at10 tributed to an urbanized area of a State with 

11 a population of over 200,000 individuals under 

12 section 133(d)(2) may be transferred under this 

13 paragraph only if the metropolitan planning or14 ganization designated for the area concurs, in 

15 writing, with the transfer request. 

16 ‘‘(5) TRANSFER OF OBLIGATION AUTHORITY.— 

17 Obligation authority for funds transferred under this 

18 subsection shall be transferred in the same manner 

19 and amount as the funds for the projects are trans20 ferred under this subsection.’’. 

21 SEC. 1303. TRANSPORTATION INFRASTRUCTURE FINANCE 

22 AND INNOVATION ACT AMENDMENTS. 

23 (a) DEFINITIONS.—Section 181 of title 23, United 

24 States Code, is amended— 
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1 (1) in paragraph (3), by striking ‘‘category’’ 

2 and ‘‘offered into the capital markets’’; 

3 (2) by striking paragraph (7) and redesignating 

4 paragraphs (8) through (15) as paragraphs (7) 

5 through (14) respectively; 

6 (3) in paragraph (8) (as redesignated by para7 graph (2))— 

8 (A) in subparagraph (B), by striking the 

9 period at the end and inserting a semicolon; 

10 and 

11 (B) by striking subparagraph (D) and in12 serting the following: 

13 ‘‘(D) a project that— 

14 ‘‘(i)(I) is a project for— 

15 ‘‘(aa) a public freight rail facility 

16 or a private facility providing public 

17 benefit; 

18 ‘‘(bb) an intermodal freight 

19 transfer facility; 

20 ‘‘(cc) a means of access to a fa21 cility described in item (aa) or (bb); 

22 ‘‘(dd) a service improvement for 

23 a facility described in item (aa) or 

24 (bb) (including a capital investment 
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1 for an intelligent transportation sys2 tem); or 

3 ‘‘(II) comprises a series of projects 

4 described in subclause (I) with the com5 mon objective of improving the flow of 

6 goods; 

7 ‘‘(ii) may involve the combining of pri8 vate and public sector funds, including in9 vestment of public funds in private sector 

10 facility improvements; and 

11 ‘‘(iii) if located within the boundaries 

12 of a port terminal, includes only such sur13 face transportation infrastructure modi14 fications as are necessary to facilitate di15 rect intermodal interchange, transfer, and 

16 access into and out of the port.’’; and 

17 (4) in paragraph (10) (as redesignated by para18 graph (2)) by striking ‘‘bond’’ and inserting ‘‘cred19 it’’. 

20 (b) DETERMINATION OF ELIGIBILITY AND PROJECT

21 SELECTION.—Section 182 of title 23, United States Code, 

22 is amended— 

23 (1) in subsection (a)— 

24 (A) by striking paragraphs (1) and (2) and 

25 inserting the following: 
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1 ‘‘(1) INCLUSION IN TRANSPORTATION PLANS

2 AND PROGRAMS.—The project shall satisfy the appli3 cable planning and programming requirements of 

4 sections 134 and 135 at such time as an agreement 

5 to make available a Federal credit instrument is en6 tered into under this subchapter. 

7 ‘‘(2) APPLICATION.—A State, local government, 

8 public authority, public-private partnership, or any 

9 other legal entity undertaking the project and au10 thorized by the Secretary shall submit a project ap11 plication to the Secretary.’’; 

12 (B) in paragraph (3)(A)— 

13 (i) in clause (i), by striking 

14 ‘‘$100,000,000’’ and inserting 

15 ‘‘$50,000,000’’; and 

16 (ii) in clause (ii), by striking ‘‘50’’ 

17 and inserting ‘‘20’’; and 

18 (C) in paragraph (4)— 

19 (i) by striking ‘‘Project financing’’ 

20 and inserting ‘‘The Federal credit instru21 ment’’; and 

22 (ii) by inserting before the period at 

23 the end the following: ‘‘that also secure the 

24 project obligations’’; and 

25 (2) in subsection (b)— 
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1 (A) in paragraph (1), by striking ‘‘criteria’’ 

2 the second place it appears and inserting ‘‘re3 quirements’’; and 

4 (B) in paragraph (2)(B), by inserting 

5 ‘‘(which may be the Federal credit instrument)’’ 

6 after ‘‘obligations’’. 

7 (c) SECURED LOANS.—Section 183 of title 23, 

8 United States Code, is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) by striking ‘‘of any project selected 

12 under section 182.’’ at the end; 

13 (ii) in subparagraphs (A) and (B), by 

14 inserting ‘‘of any project selected under 

15 section 182’’ after ‘‘costs’’ ; and 

16 (iii) in subparagraph (B), by striking 

17 the semicolon at the end and inserting a 

18 period; and 

19 (B) in paragraph (4)— 

20 (i) by striking ‘‘funding’’ and insert21 ing ‘‘execution’’; and 

22 (ii) by striking ‘‘rating,’’ and all that 

23 follows and inserting a period; 

24 (2) in subsection (b)— 
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1 (A) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) MAXIMUM AMOUNT.—The amount of the 

4 secured loan shall not exceed the lesser of— 

5 ‘‘(A) 33 percent of the reasonably antici6 pated eligible project costs; or 

7 ‘‘(B) the amount of the senior project obli8 gations.’’; 

9 (B) in paragraph (3)(A)(i), by inserting 

10 ‘‘that also secure the senior project obligations’’ 

11 after ‘‘sources’’; and 

12 (C) in paragraph (4), by striking ‘‘market13 able’’; and 

14 (3) in subsection (c)— 

15 (A) by striking paragraph (3); 

16 (B) by redesignating paragraphs (4) and 

17 (5) as paragraphs (3) and (4), respectively; and 

18 (C) in paragraph (3) (as redesignated by 

19 subparagraph (B))— 

20 (i) in subparagraph (A), by striking 

21 ‘‘during the 10 years’’; and 

22 (ii) in subparagraph (B)(ii), by strik23 ing ‘‘loan’’ and all that follows and insert24 ing ‘‘loan.’’. 
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1 (d) LINES OF CREDIT.—Section 184 of title 23, 

2 United States Code, is amended— 

3 (1) in subsection (b)— 

4 (A) in paragraph (3), by striking ‘‘interest, 

5 any debt service reserve fund, and any other 

6 available reserve’’ and inserting ‘‘interest (but 

7 not including reasonably required financing re8 serves)’’; 

9 (B) in paragraph (4), by striking ‘‘market10 able United States Treasury securities as of the 

11 date on which the line of credit is obligated’’ 

12 and inserting ‘‘ United States Treasury securi13 ties as of the date of execution of the line of 

14 credit agreement’’; and 

15 (C) in paragraph (5)(A)(i), by inserting 

16 ‘‘that also secure the senior project obligations’’ 

17 after ‘‘sources’’; and 

18 (2) in subsection (c)— 

19 (A) in paragraph (2)— 

20 (i) by striking ‘‘scheduled’’; 

21 (ii) by inserting ‘‘be scheduled to’’ 

22 after ‘‘shall’’; and 

23 (iii) by striking ‘‘be fully repaid, with 

24 interest,’’ and inserting ‘‘to conclude, with 
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1 full repayment of principal and interest,’’; 

2 and 

3 (B) by striking paragraph (3). 

4 (e) PROGRAM ADMINISTRATION.—Section 185 of title 

5 23, United States Code, is amended to read as follows: 

6 ‘‘§ 185. Program administration 

7 ‘‘(a) REQUIREMENT.—The Secretary shall establish 

8 a uniform system to service the Federal credit instruments 

9 made available under this subchapter. 

10 ‘‘(b) FEES.—The Secretary may establish fees at a 

11 level to cover all or a portion of the costs to the Federal 

12 government of servicing the Federal credit instruments. 

13 ‘‘(c) SERVICER.— 

14 ‘‘(1) IN GENERAL.—The Secretary may appoint 

15 a financial entity to assist the Secretary in servicing 

16 the Federal credit instruments. 

17 ‘‘(2) DUTIES.—The servicer shall act as the 

18 agent for the Secretary. 

19 ‘‘(3) FEE.—The servicer shall receive a serv20 icing fee, subject to approval by the Secretary. 

21 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec22 retary may retain the services of expert firms, including 

23 counsel, in the field of municipal and project finance to 

24 assist in the underwriting and servicing of Federal credit 

25 instruments.’’. 
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1 (f) FUNDING.—Section 188 of title 23, United States 

2 Code, is amended to read as follows: 

3 ‘‘§ 188. Funding 

4 ‘‘(a) FUNDING.— 

5 ‘‘(1) IN GENERAL.—There is authorized to be 

6 appropriated from the Highway Trust Fund (other 

7 than the Mass Transit Account) to carry out this 

8 subchapter $116,100,629 for each of fiscal years 

9 2005 through 2009. 

10 ‘‘(2) ADMINISTRATIVE COSTS.—Of amounts 

11 made available under paragraph (1), the Secretary 

12 may use for the administration of this subchapter 

13 not more than $1,786,164 for each of fiscal years 

14 2005 through 2009. 

15 ‘‘(3) COLLECTED FEES AND SERVICES.—In ad16 dition to funds provided under paragraph (2)— 

17 ‘‘(A) all fees collected under this sub18 chapter shall be made available without further 

19 appropriation to the Secretary until expended, 

20 for use in administering this subchapter; and 

21 ‘‘(B) the Secretary may accept and use 

22 payment or services provided by transaction 

23 participants, or third parties that are paid by 

24 participants from transaction proceeds, for due 

25 diligence, legal, financial, or technical services. 
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1 ‘‘(4) AVAILABILITY.—Amounts made available 

2 under paragraph (1) shall remain available until ex3 pended. 

4 ‘‘(b) CONTRACT AUTHORITY.— 

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

6 provision of law, approval by the Secretary of a Fed7 eral credit instrument that uses funds made avail8 able under this subchapter shall be deemed to be ac9 ceptance by the United States of a contractual obli10 gation to fund the Federal credit investment. 

11 ‘‘(2) AVAILABILITY.—Amounts authorized 

12 under this section for a fiscal year shall be available 

13 for obligation on October 1 of the fiscal year.’’. 

14 (g) REPEAL.—Section 189 of title 23, United States 

15 code, is repealed. 

16 (h) CONFORMING AMENDMENTS.—The analysis for 

17 chapter 1 of title 23, United States Code, is amended— 

18 (1) by striking the item relating to section 185 

19 and inserting the following: 

‘‘185. Program administration.’’; 

20 and 

21 (2) by striking the item relating to section 189. 
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1 SEC. 1304. FACILITATION OF INTERNATIONAL REGISTRA2 TION PLANS AND INTERNATIONAL FUEL TAX 

3 AGREEMENTS. 

4 (a) IN GENERAL.—Chapter 317 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 31708. Facilitation of international registration 

8 plans and international fuel tax agree9 ments 

10 ‘‘The Secretary may provide assistance to any State 

11 that is participating in the International Registration Plan 

12 and International Fuel Tax Agreement, as provided in sec13 tions 31704 and 31705, respectively, and that serves as 

14 a base jurisdiction for motor carriers that are domiciled 

15 in Mexico, to assist the State with administrative costs 

16 resulting from serving as a base jurisdiction for motor car17 riers from Mexico.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis for 

19 chapter 317 of title 49, United States Code, is amended 

20 by adding at the end the following: 

‘‘31708. Facilitation of international registration plans and international fuel 

tax agreements.’’. 
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1 SEC. 1305. NATIONAL COMMISSION ON FUTURE REVENUE 

2 SOURCES TO SUPPORT THE HIGHWAY TRUST 

3 FUND AND FINANCE THE NEEDS OF THE SUR4 FACE TRANSPORTATION SYSTEM. 

5 (a) ESTABLISHMENT.—There is established a com6 mission to be known as the ‘‘National Commission on Fu7 ture Revenue Sources to Support the Highway Trust 

8 Fund and Finance the Needs of the Surface Transpor9 tation System’’ (referred to in this section as the ‘‘Com10 mission’’). 

11 (b) MEMBERSHIP.— 

12 (1) COMPOSITION.—The Commission shall be 

13 composed of 11 members, of whom— 

14 (A) 3 members shall be appointed by the 

15 President; 

16 (B) 2 members shall be appointed by the 

17 Speaker of the House of Representatives; 

18 (C) 2 members shall be appointed by the 

19 minority leader of the House of Representa20 tives; 

21 (D) 2 members shall be appointed by the 

22 majority leader of the Senate; and 

23 (E) 2 members shall be appointed by the 

24 minority leader of the Senate. 
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1 (2) QUALIFICATIONS.—Members appointed 

2 under paragraph (1) shall have experience in or rep3 resent the interests of— 

4 (A) public finance, including experience in 

5 developing State and local revenue resources; 

6 (B) surface transportation program admin7 istration; 

8 (C) organizations that use surface trans9 portation facilities; 

10 (D) academic research into related issues; 

11 or 

12 (E) other activities that provide unique 

13 perspectives on current and future requirements 

14 for revenue sources to support the Highway 

15 Trust Fund. 

16 (3) DATE OF APPOINTMENTS.—The appoint17 ment of a member of the Commission shall be made 

18 not later than 120 days after the date of establish19 ment of the Commission. 

20 (4) TERMS.—A member shall be appointed for 

21 the life of the Commission. 

22 (5) VACANCIES.—A vacancy on the Commis23 sion— 

24 (A) shall not affect the powers of the Com25 mission; and 
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1 (B) shall be filled in the same manner as 

2 the original appointment was made. 

3 (6) INITIAL MEETING.—Not later than 30 days 

4 after the date on which all members of the Commis5 sion have been appointed, the Commission shall hold 

6 the initial meeting of the Commission. 

7 (7) MEETINGS.—The Commission shall meet at 

8 the call of the Chairperson. 

9 (8) QUORUM.—A majority of the members of 

10 the Commission shall constitute a quorum, but a 

11 lesser number of members may hold hearings. 

12 (9) CHAIRPERSON AND VICE CHAIRPERSON.— 

13 The Commission shall select a Chairperson and Vice 

14 Chairperson from among the members of the Com15 mission. 

16 (c) DUTIES.— 

17 (1) IN GENERAL.—The Commission shall— 

18 (A) conduct a comprehensive study of al19 ternatives to replace or to supplement the fuel 

20 tax as the principal revenue source to support 

21 the Highway Trust Fund and suggest new or 

22 alternative sources of revenue to fund the needs 

23 of the surface transportation system over at 

24 least the next 30 years; 
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1 (B) conduct the study in a manner that 

2 builds on— 

3 (i) findings, conclusions, and rec4 ommendations of the recent study con5 ducted by the Transportation Research 

6 Board on alternatives to the fuel tax to 

7 support highway program financing; and 

8 (ii) other relevant prior research; 

9 (C) consult with the Secretary and the 

10 Secretary of the Treasury in conducting the 

11 study to ensure that the views of the Secre12 taries concerning essential attributes of High13 way Trust Fund revenue alternatives are con14 sidered; 

15 (D) consult with representatives of State 

16 Departments of Transportation and metropoli17 tan planning organizations and other key inter18 ested stakeholders in conducting the study to 

19 ensure that— 

20 (i) the views of the stakeholders on al21 ternative revenue sources to support State 

22 transportation improvement programs are 

23 considered; and 
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1 (ii) any recommended Federal financ2 ing strategy takes into account State fi3 nancial requirements; and 

4 (E) based on the study, make specific rec5 ommendations regarding— 

6 (i) actions that should be taken to de7 velop alternative revenue sources to sup8 port the Highway Trust Fund; and 

9 (ii) the time frame for taking those 

10 actions. 

11 (2) SPECIFIC MATTERS.—The study shall ad12 dress specifically— 

13 (A) the advantages and disadvantages of 

14 alternative revenue sources to meet anticipated 

15 Federal surface transportation financial re16 quirements; 

17 (B) recommendations concerning the most 

18 promising revenue sources to support long-term 

19 Federal surface transportation financing re20 quirements; 

21 (C) development of a broad transition 

22 strategy to move from the current tax base to 

23 new funding mechanisms, including the time 

24 frame for various components of the transition 

25 strategy; 
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1 (D) recommendations for additional re2 search that may be needed to implement rec3 ommended alternatives; and 

4 (E) the extent to which revenues should re5 flect the relative use of the highway system. 

6 (3) RELATED WORK.—To the maximum extent 

7 practicable, the study shall build on related work 

8 that has been done by— 

9 (A) the Secretary of Transportation; 

10 (B) the Secretary of Energy; 

11 (C) the Transportation Research Board; 

12 and 

13 (D) other entities and persons. 

14 (4) FACTORS.—In developing recommendations 

15 under this subsection, the Commission shall con16 sider— 

17 (A) the ability to generate sufficient reve18 nues from all modes to meet anticipated long19 term surface transportation financing needs; 

20 (B) the roles of the various levels of gov21 ernment and the private sector in meeting fu22 ture surface transportation financing needs; 

23 (C) administrative costs (including enforce24 ment costs) to implement each option; 
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1 (D) the expected increase in non-taxed 

2 fuels and the impact of taxing those fuels; 

3 (E) the likely technological advances that 

4 could ease implementation of each option; 

5 (F) the equity and economic efficiency of 

6 each option; 

7 (G) the flexibility of different options to 

8 allow various pricing alternatives to be imple9 mented; and 

10 (H) potential compatibility issues with 

11 State and local tax mechanisms under each al12 ternative. 

13 (5) REPORT AND RECOMMENDATIONS.—Not 

14 later than September 30, 2007, the Commission 

15 shall submit to Congress a final report that con16 tains— 

17 (A) a detailed statement of the findings 

18 and conclusions of the Commission; and 

19 (B) the recommendations of the Commis20 sion for such legislation and administrative ac21 tions as the Commission considers appropriate. 

22 (d) POWERS.— 

23 (1) HEARINGS.—The Commission may hold 

24 such hearings, meet and act at such times and 

25 places, take such testimony, and receive such evi-
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1 dence as the Commission considers advisable to 

2 carry out this section. 

3 (2) INFORMATION FROM FEDERAL AGENCIES.— 

4 (A) IN GENERAL.—The Commission may 

5 secure directly from a Federal agency such in6 formation as the Commission considers nec7 essary to carry out this section. 

8 (B) PROVISION OF INFORMATION.—On re9 quest of the Chairperson of the Commission, 

10 the head of the agency shall provide the infor11 mation to the Commission. 

12 (3) POSTAL SERVICES.—The Commission may 

13 use the United States mails in the same manner and 

14 under the same conditions as other agencies of the 

15 Federal Government. 

16 (4) DONATIONS.—The Commission may accept, 

17 use, and dispose of donations of services or property. 

18 (e) COMMISSION PERSONNEL MATTERS.— 

19 (1) MEMBERS.—A member of the Commission 

20 shall serve without pay but shall be allowed travel 

21 expenses, including per diem in lieu of subsistence, 

22 at rates authorized for an employee of an agency 

23 under subchapter I of chapter 57 of title 5, United 

24 States Code, while away from the home or regular 
101 

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1 place of business of the member in the performance 

2 of the duties of the Commission. 

3 (2) CONTRACTOR.—The Commission may con4 tract with an appropriate organization, agency, or 

5 entity to conduct the study required under this sec6 tion, under the strategic guidance of the Commis7 sion. 

8 (3) ADMINISTRATIVE SUPPORT.—On the re9 quest of the Commission, the Administrator of the 

10 Federal Highway Administration shall provide to the 

11 Commission, on a reimbursable basis, the adminis12 trative support and services necessary for the Com13 mission to carry out the duties of the Commission 

14 under this section. 

15 (4) DETAIL OF DEPARTMENT PERSONNEL.— 

16 (A) IN GENERAL.—On the request of the 

17 Commission, the Secretary may detail, on a re18 imbursable basis, any of the personnel of the 

19 Department to the Commission to assist the 

20 Commission in carrying out the duties of the 

21 Commission under this section. 

22 (B) CIVIL SERVICE STATUS.—The detail of 

23 the employee shall be without interruption or 

24 loss of civil service status or privilege. 
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1 (5) COOPERATION.—The staff of the Secretary 

2 shall cooperate with the Commission in the study re3 quired under this section, including providing such 

4 nonconfidential data and information as are nec5 essary to conduct the study. 

6 (f) RELATIONSHIP TO OTHER LAWS.— 

7 (1) IN GENERAL.—Except as provided in para8 graphs (2) and (3), funds made available to carry 

9 out this section shall be available for obligation in 

10 the same manner as if the funds were apportioned 

11 under chapter 1 of title 23, United States Code. 

12 (2) FEDERAL SHARE.—The Federal share of 

13 the cost of the study and the Commission under this 

14 section shall be 100 percent. 

15 (3) AVAILABILITY.—Funds made available to 

16 carry out this section shall remain available until ex17 pended. 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated from the Highway Trust 

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

21 this section $2,679,245 for fiscal year 2005. 

22 (h) TERMINATION.— 

23 (1) IN GENERAL.—The Commission shall termi24 nate on the date that is 180 days after the date on 
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1 which the Commission submits the report of the 

2 Commission under subsection (c)(5). 

3 (2) RECORDS.—Not later than the termination 

4 date for the Commission, all records and papers of 

5 the Commission shall be delivered to the Archivist of 

6 the United States for deposit in the National Ar7 chives. 

8 SEC. 1306. STATE INFRASTRUCTURE BANKS. 

9 Section 1511(b)(1)(A) of the Transportation Equity 

10 Act for the 21st Century (23 U.S.C. 181 note; 112 Stat. 

11 251) is amended by striking ‘‘Missouri,’’ and all that fol12 lows through ‘‘for the establishment’’ and inserting ‘‘Mis13 souri, Rhode Island, Texas, and any other State that seeks 

14 such an agreement for the establishment’’. 

15 SEC. 1307. PUBLIC-PRIVATE PARTNERSHIPS PILOT PRO16 GRAM. 

17 Section 109(c) of title 23, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS PILOT

20 PROGRAM.— 

21 ‘‘(A) IN GENERAL.—The Secretary may 

22 undertake a pilot program to demonstrate the 

23 advantages of public-private partnerships for 

24 critical capital development projects, including 
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1 highway, bridge, and freight intermodal con2 nector projects authorized under this title. 

3 ‘‘(B) PROJECTS.—In carrying out the pro4 gram, the Secretary shall— 

5 ‘‘(i) select not less than 10 qualified 

6 public-private partnership projects that are 

7 authorized under applicable State and local 

8 laws; and 

9 ‘‘(ii) use funds made available to 

10 carry out the program to provide to spon11 sors of the projects assistance for develop12 ment phase activities described in section 

13 181(1)(A), to enhance project delivery and 

14 reduce overall costs.’’. 

15 SEC. 1308. WAGERING. 

16 (a) IN GENERAL.—Chapter 35 of the Internal Rev17 enue Code of 1986 is repealed. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) Section 4901 of the Internal Revenue Code 

20 is amended to read as follows: 

21 ‘‘SEC. 4901. PAYMENT OF TAX. 

22 ‘‘All special taxes shall be imposed as of on the first 

23 day of July in each year, or on commencing any trade 

24 or business on which such tax is imposed. In the former 

25 case the tax shall be reckoned for 1 year, and in the latter 
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1 case it shall be reckoned proportionately, from the first 

2 day of the month in which the liability to a special tax 

3 commenced, to and including the 30th day of June fol4 lowing.’’. 

5 (2) Section 4903 of such Code is amended by 

6 striking ‘‘, other than the tax imposed by section 

7 4411,’’. 

8 (3) Section 4905 of such Code is amended to 

9 read as follows: 

10 ‘‘SEC. 4905. LIABILITY IN CASE OF DEATH OR CHANGE OF 

11 LOCATION. 

12 ‘‘When any person who has paid the special tax for 

13 any trade or business dies, his spouse or child, or execu14 tors or administrators or other legal representatives, may 

15 occupy the house or premises, and in like manner carry 

16 on, for the residue of the term for which the tax is paid, 

17 the same trade or business as the deceased before carried 

18 on, in the same house and upon the same premises, with19 out the payment of any additional tax. When any person 

20 removes from the house or premises for which any trade 

21 or business was taxed to any other place, he may carry 

22 on the trade or business specified in the register kept in 

23 the office of the official in charge of the internal revenue 

24 district at the place to which he removes, without the pay25 ment of any additional tax: Provided, That all cases of 
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1 death, change, or removal, as aforesaid, with the name of 

2 the successor to any person deceased, or of the person 

3 making such change or removal, shall be registered with 

4 the Secretary, under regulations to be prescribed by the 

5 Secretary.’’. 

6 (4) Section 4907 of such Code is amended by 

7 striking ‘‘, except the tax imposed by section 4411,’’. 

8 (5) Section 6103(i)(8)(A) of such Code is 

9 amended— 

10 (A) by striking ‘‘, except to the extent au11 thorized by subsection (f) or (p)(6), disclose to 

12 any person, other than another officer or em13 ployee of such office whose official duties re14 quire such disclosure, any return or return in15 formation described in section 4424(a) in a 

16 form which can be associated with, or otherwise 

17 identify, directly or indirectly, a particular tax18 payer, nor shall such officer or employee dis19 close any other’’ and inserting ‘‘disclose any’’, 

20 and 

21 (B) by striking ‘‘such other officer’’ and 

22 inserting ‘‘such officer’’. 

23 (6) Section 6103(o) of such Code is amended to 

24 read as follows: 
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1 ‘‘(o) DISCLOSURE OF RETURNS AND RETURN INFOR2 MATION WITH RESPECT TO TAXES IMPOSED BY SUB3 TITLE E.—Returns and return information with respect 

4 to taxes imposed by subtitle E (relating to taxes on alco5 hol, tobacco, and firearms) shall be open to inspection by 

6 or disclosure to officers and employees of a Federal agency 

7 whose official duties require such inspection or disclo8 sure.’’. 

9 (7)(A) Subchapter B of chapter 65 of such 

10 Code is amended by striking section 6419 (relating 

11 to excise tax on wagering). 

12 (B) The table of section of subchapter B of 

13 chapter 65 of such Code is amended by striking the 

14 item relating to section 6419. 

15 (8) Section 6806 of such Code is amended by 

16 striking ‘‘under subchapter B of chapter 35, under 

17 subchapter B of chapter 36,’’ and inserting ‘‘under 

18 subchapter B of chapter 36’’. 

19 (9) Section 7012 of such Code is amended by 

20 striking paragraph (2) and by redesignating para21 graphs (3), (4), and (5) as paragraphs (2), (3), and 

22 (4), respectively. 

23 (10)(A) Subchapter B of chapter 75 of such 

24 Code is amended by striking section 7262 (relating 
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1 to violation of occupational tax laws relating to wa2 gering-failure to pay special tax). 

3 (B) The table of sections of subchapter B of 

4 chapter 75 of such Code is amended by striking the 

5 item relating to section 7262. 

6 (11) Section 7272 of such Code, as amended by 

7 section 5244 of this Act, is amended to read as fol8 lows: 

9 ‘‘SEC. 7272. PENALTY FOR FAILURE TO REGISTER. 

10 ‘‘Any person (other than persons required to register 

11 under subtitle E, or persons engaging in a trade or busi12 ness on which a special tax is imposed by such subtitle) 

13 who fails to register with the Secretary as required by this 

14 title or by regulations issued thereunder shall be liable to 

15 a penalty of $50 ($10,000 in the case of a failure to reg16 ister under section 4101).’’. 

17 (12) Section 7613(a) is amended by striking 

18 ‘‘or other data in the case of’’ and all that follows 

19 and inserting ‘‘or other data in the case of alcohol, 

20 tobacco, and firearms taxes, see subtitle E.’’. 

21 (13) The table of chapters of subtitle D of such 

22 Code is amended by striking the item relating to 

23 chapter 35. 

24 (c) EFFECTIVE DATE.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section 

3 shall apply to wagers placed after the date of the en4 actment of this Act. 

5 (2) SPECIAL TAXES.—In the case of amend6 ments made by this section relating to special taxes 

7 imposed by subchapter B of chapter 35, the amend8 ments made by this section shall take effect on July 

9 1, 2005. 

10 Subtitle D—Safety 

11 SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

12 (a) SAFETY IMPROVEMENT.— 

13 (1) IN GENERAL.—Section 148 of title 23, 

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

15 ‘‘§ 148. Highway safety improvement program 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) HIGHWAY SAFETY IMPROVEMENT PRO18 GRAM.—The term ‘highway safety improvement pro19 gram’ means the program carried out under this sec20 tion. 

21 ‘‘(2) HIGHWAY SAFETY IMPROVEMENT

22 PROJECT.— 

23 ‘‘(A) IN GENERAL.—The term ‘highway 

24 safety improvement project’ means a project de-
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1 scribed in the State strategic highway safety 

2 plan that— 

3 ‘‘(i) corrects or improves a hazardous 

4 road location or feature; or 

5 ‘‘(ii) addresses a highway safety prob6 lem. 

7 ‘‘(B) INCLUSIONS.—The term ‘highway 

8 safety improvement project’ includes a project 

9 for— 

10 ‘‘(i) an intersection safety improve11 ment; 

12 ‘‘(ii) pavement and shoulder widening 

13 (including addition of a passing lane to 

14 remedy an unsafe condition); 

15 ‘‘(iii) installation of rumble strips or 

16 another warning device, if the rumble 

17 strips or other warning devices do not ad18 versely affect the safety or mobility of 

19 bicyclists and pedestrians; 

20 ‘‘(iv) installation of a skid-resistant 

21 surface at an intersection or other location 

22 with a high frequency of accidents; 

23 ‘‘(v) an improvement for pedestrian or 

24 bicyclist safety; 
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1 ‘‘(vi)(I) construction of any project for 

2 the elimination of hazards at a railway3 highway crossing that is eligible for fund4 ing under section 130, including the sepa5 ration or protection of grades at railway6 highway crossings; 

7 ‘‘(II) construction of a railway-high8 way crossing safety feature; or 

9 ‘‘(III) the conduct of a model traffic 

10 enforcement activity at a railway-highway 

11 crossing; 

12 ‘‘(vii) construction of a traffic calming 

13 feature; 

14 ‘‘(viii) elimination of a roadside obsta15 cle; 

16 ‘‘(ix) improvement of highway signage 

17 and pavement markings; 

18 ‘‘(x) installation of a priority control 

19 system for emergency vehicles at signalized 

20 intersections; 

21 ‘‘(xi) installation of a traffic control or 

22 other warning device at a location with 

23 high accident potential; 

24 ‘‘(xii) safety-conscious planning; 
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1 ‘‘(xiii) improvement in the collection 

2 and analysis of crash data; 

3 ‘‘(xiv) planning, integrated, interoper4 able emergency communications, equip5 ment, operational activities, or traffic en6 forcement activities (including police as7 sistance) relating to workzone safety; 

8 ‘‘(xv) installation of guardrails, bar9 riers (including barriers between construc10 tion work zones and traffic lanes for the 

11 safety of motorists and workers), and 

12 crash attenuators; 

13 ‘‘(xvi) the addition or retrofitting of 

14 structures or other measures to eliminate 

15 or reduce accidents involving vehicles and 

16 wildlife; or 

17 ‘‘(xvii) installation and maintenance 

18 of signs (including fluorescent, yellow19 green signs) at pedestrian-bicycle crossings 

20 and in school zones. 

21 ‘‘(3) SAFETY PROJECT UNDER ANY OTHER SEC22 TION.— 

23 ‘‘(A) IN GENERAL.—The term ‘safety 

24 project under any other section’ means a 
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1 project carried out for the purpose of safety 

2 under any other section of this title. 

3 ‘‘(B) INCLUSION.—The term ‘safety 

4 project under any other section’ includes a 

5 project to— 

6 ‘‘(i) promote the awareness of the 

7 public and educate the public concerning 

8 highway safety matters; or 

9 ‘‘(ii) enforce highway safety laws. 

10 ‘‘(4) STATE HIGHWAY SAFETY IMPROVEMENT

11 PROGRAM.—The term ‘State highway safety im12 provement program’ means projects or strategies in13 cluded in the State strategic highway safety plan 

14 carried out as part of the State transportation im15 provement program under section 135(f). 

16 ‘‘(5) STATE STRATEGIC HIGHWAY SAFETY

17 PLAN.—The term ‘State strategic highway safety 

18 plan’ means a plan developed by the State transpor19 tation department that— 

20 ‘‘(A) is developed after consultation with— 

21 ‘‘(i) a highway safety representative of 

22 the Governor of the State; 

23 ‘‘(ii) regional transportation planning 

24 organizations and metropolitan planning 

25 organizations, if any; 
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1 ‘‘(iii) representatives of major modes 

2 of transportation; 

3 ‘‘(iv) State and local traffic enforce4 ment officials; 

5 ‘‘(v) persons responsible for admin6 istering section 130 at the State level; 

7 ‘‘(vi) representatives conducting Oper8 ation Lifesaver; 

9 ‘‘(vii) representatives conducting a 

10 motor carrier safety program under section 

11 31104 or 31107 of title 49; 

12 ‘‘(viii) motor vehicle administration 

13 agencies; and 

14 ‘‘(ix) other major State and local safe15 ty stakeholders; 

16 ‘‘(B) analyzes and makes effective use of 

17 State, regional, or local crash data; 

18 ‘‘(C) addresses engineering, management, 

19 operation, education, enforcement, and emer20 gency services elements (including integrated, 

21 interoperable emergency communications) of 

22 highway safety as key factors in evaluating 

23 highway projects; 

24 ‘‘(D) considers safety needs of, and high25 fatality segments of, public roads; 
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1 ‘‘(E) considers the results of State, re2 gional, or local transportation and highway 

3 safety planning processes; 

4 ‘‘(F) describes a program of projects or 

5 strategies to reduce or eliminate safety hazards; 

6 ‘‘(G) is approved by the Governor of the 

7 State or a responsible State agency; and 

8 ‘‘(H) is consistent with the requirements of 

9 section 135(f). 

10 ‘‘(b) PROGRAM.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall carry 

12 out a highway safety improvement program. 

13 ‘‘(2) PURPOSE.—The purpose of the highway 

14 safety improvement program shall be to achieve a 

15 significant reduction in traffic fatalities and serious 

16 injuries on public roads. 

17 ‘‘(c) ELIGIBILITY.— 

18 ‘‘(1) IN GENERAL.—To obligate funds appor19 tioned under section 104(b)(5) to carry out this sec20 tion, a State shall have in effect a State highway 

21 safety improvement program under which the 

22 State— 

23 ‘‘(A) develops and implements a State 

24 strategic highway safety plan that identifies and 
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1 analyzes highway safety problems and opportu2 nities as provided in paragraph (2); 

3 ‘‘(B) produces a program of projects or 

4 strategies to reduce identified safety problems; 

5 ‘‘(C) evaluates the plan on a regular basis 

6 to ensure the accuracy of the data and priority 

7 of proposed improvements; and 

8 ‘‘(D) submits to the Secretary an annual 

9 report that— 

10 ‘‘(i) describes, in a clearly understand11 able fashion, not less than 5 percent of lo12 cations determined by the State, using cri13 teria established in accordance with para14 graph (2)(B)(ii), as exhibiting the most se15 vere safety needs; and 

16 ‘‘(ii) contains an assessment of— 

17 ‘‘(I) potential remedies to haz18 ardous locations identified; 

19 ‘‘(II) estimated costs associated 

20 with those remedies; and 

21 ‘‘(III) impediments to implemen22 tation other than cost associated with 

23 those remedies. 

24 ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH25 WAY SAFETY PROBLEMS AND OPPORTUNITIES.—As 
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1 part of the State strategic highway safety plan, a 

2 State shall— 

3 ‘‘(A) have in place a crash data system 

4 with the ability to perform safety problem iden5 tification and countermeasure analysis; 

6 ‘‘(B) based on the analysis required by 

7 subparagraph (A)— 

8 ‘‘(i) identify hazardous locations, sec9 tions, and elements (including roadside ob10 stacles, railway-highway crossing needs, 

11 and unmarked or poorly marked roads) 

12 that constitute a danger to motorists, 

13 bicyclists, pedestrians, and other highway 

14 users; and 

15 ‘‘(ii) using such criteria as the State 

16 determines to be appropriate, establish the 

17 relative severity of those locations, in terms 

18 of accidents, injuries, deaths, traffic vol19 ume levels, and other relevant data; 

20 ‘‘(C) adopt strategic and performance21 based goals that— 

22 ‘‘(i) address traffic safety, including 

23 behavioral and infrastructure problems and 

24 opportunities on all public roads; 
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1 ‘‘(ii) focus resources on areas of 

2 greatest need; and 

3 ‘‘(iii) are coordinated with other State 

4 highway safety programs; 

5 ‘‘(D) advance the capabilities of the State 

6 for traffic records data collection, analysis, and 

7 integration with other sources of safety data 

8 (such as road inventories) in a manner that— 

9 ‘‘(i) complements the State highway 

10 safety program under chapter 4 and the 

11 commercial vehicle safety plan under sec12 tion 31102 of title 49; 

13 ‘‘(ii) includes all public roads; 

14 ‘‘(iii) identifies hazardous locations, 

15 sections, and elements on public roads that 

16 constitute a danger to motorists, bicyclists, 

17 pedestrians, and other highway users; and 

18 ‘‘(iv) includes a means of identifying 

19 the relative severity of hazardous locations 

20 described in clause (iii) in terms of acci21 dents, injuries, deaths, and traffic volume 

22 levels; 

23 ‘‘(E)(i) determine priorities for the correc24 tion of hazardous road locations, sections, and 

25 elements (including railway-highway crossing 
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1 improvements), as identified through crash data 

2 analysis; 

3 ‘‘(ii) identify opportunities for preventing 

4 the development of such hazardous conditions; 

5 and 

6 ‘‘(iii) establish and implement a schedule 

7 of highway safety improvement projects for haz8 ard correction and hazard prevention; and 

9 ‘‘(F)(i) establish an evaluation process to 

10 analyze and assess results achieved by highway 

11 safety improvement projects carried out in ac12 cordance with procedures and criteria estab13 lished by this section; and 

14 ‘‘(ii) use the information obtained under 

15 clause (i) in setting priorities for highway safety 

16 improvement projects. 

17 ‘‘(d) ELIGIBLE PROJECTS.— 

18 ‘‘(1) IN GENERAL.—A State may obligate funds 

19 apportioned to the State under section 104(b)(5) to 

20 carry out— 

21 ‘‘(A) any highway safety improvement 

22 project on any public road or publicly owned bi23 cycle or pedestrian pathway or trail; or 

24 ‘‘(B) as provided in subsection (e), for 

25 other safety projects. 
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1 ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 

2 ‘‘(A) EFFECT OF SECTION.—Nothing in 

3 this section prohibits the use of funds made 

4 available under other provisions of this title for 

5 highway safety improvement projects. 

6 ‘‘(B) USE OF OTHER FUNDS.—States are 

7 encouraged to address the full scope of their 

8 safety needs and opportunities by using funds 

9 made available under other provisions of this 

10 title (except a provision that specifically pro11 hibits that use). 

12 ‘‘(e) FLEXIBLE FUNDING FOR STATES WITH A STRA13 TEGIC HIGHWAY SAFETY PLAN.— 

14 ‘‘(1) IN GENERAL.—To further the implementa15 tion of a State strategic highway safety plan, a State 

16 may use up to 25 percent of the amount of funds 

17 made available under this section for a fiscal year to 

18 carry out safety projects under any other section as 

19 provided in the State strategic highway safety plan. 

20 ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY

21 SAFETY PLANS.—Nothing in this subsection requires 

22 a State to revise any State process, plan, or program 

23 in effect on the date of enactment of this section. 

24 ‘‘(f) REPORTS.— 
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1 ‘‘(1) IN GENERAL.—A State shall submit to the 

2 Secretary a report that— 

3 ‘‘(A) describes progress being made to im4 plement highway safety improvement projects 

5 under this section; 

6 ‘‘(B) assesses the effectiveness of those im7 provements; and 

8 ‘‘(C) describes the extent to which the im9 provements funded under this section contribute 

10 to the goals of— 

11 ‘‘(i) reducing the number of fatalities 

12 on roadways; 

13 ‘‘(ii) reducing the number of roadway14 related injuries; 

15 ‘‘(iii) reducing the occurrences of 

16 roadway-related crashes; 

17 ‘‘(iv) mitigating the consequences of 

18 roadway-related crashes; and 

19 ‘‘(v) reducing the occurrences of road20 way-railroad grade crossing crashes. 

21 ‘‘(2) CONTENTS; SCHEDULE.—The Secretary 

22 shall establish the content and schedule for a report 

23 under paragraph (1). 
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1 ‘‘(3) TRANSPARENCY.—The Secretary shall 

2 make reports under subsection (c)(1)(D) available to 

3 the public through— 

4 ‘‘(A) the Internet site of the Department; 

5 and 

6 ‘‘(B) such other means as the Secretary 

7 determines to be appropriate. 

8 ‘‘(4) DISCOVERY AND ADMISSION INTO EVI9 DENCE OF CERTAIN REPORTS, SURVEYS, AND INFOR10 MATION.—Notwithstanding any other provision of 

11 law, reports, surveys, schedules, lists, or data com12 piled or collected for any purpose directly relating to 

13 paragraph (1) or subsection (c)(1)(D), or published 

14 by the Secretary in accordance with paragraph (3), 

15 shall not be subject to discovery or admitted into 

16 evidence in a Federal or State court proceeding or 

17 considered for other purposes in any action for dam18 ages arising from any occurrence at a location iden19 tified or addressed in such reports, surveys, sched20 ules, lists, or other data. 

21 ‘‘(g) FEDERAL SHARE OF HIGHWAY SAFETY IM22 PROVEMENT PROJECTS.—Except as provided in sections 

23 120 and 130, the Federal share of the cost of a highway 

24 safety improvement project carried out with funds made 

25 available under this section shall be 90 percent. 
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1 ‘‘(h) FUNDS FOR BICYCLE AND PEDESTRIAN SAFE2 TY.—A State shall allocate for bicycle and pedestrian im3 provements in the State a percentage of the funds remain4 ing after implementation of sections 130(e) and 150, in 

5 an amount that is equal to or greater than the percentage 

6 of all fatal crashes in the States involving bicyclists and 

7 pedestrians. 

8 ‘‘(i) ROADWAY SAFETY IMPROVEMENTS FOR OLDER

9 DRIVERS AND PEDESTRIANS.—For each of fiscal years 

10 2005 through 2009, $22,327,044 is authorized to be ap11 propriated out of the Highway Trust Fund (other than 

12 the Mass Transit Account) for projects in all States to 

13 improve traffic signs and pavement markings in a manner 

14 consistent with the recommendations included in the pub15 lication of the Federal Highway Administration entitled 

16 ‘Guidelines and Recommendations to Accommodate Older 

17 Drivers and Pedestrians (FHWA-RD-01-103)’ and dated 

18 October 2001.’’. 

19 (2) ALLOCATIONS OF APPORTIONED FUNDS.— 

20 Section 133(d) of title 23, United States Code, is 

21 amended— 

22 (A) by striking paragraph (1); 

23 (B) by redesignating paragraphs (2) 

24 through (5) as paragraphs (1) through (4), re25 spectively; 
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1 (C) in paragraph (2) (as redesignated by 

2 subparagraph (B))— 

3 (i) in the first sentence of subpara4 graph (A)— 

5 (I) by striking ‘‘subparagraphs 

6 (C) and (D)’’ and inserting ‘‘subpara7 graph (C)’’; and 

8 (II) by striking ‘‘80 percent’’ and 

9 inserting ‘‘90 percent’’; 

10 (ii) in subparagraph (B), by striking 

11 ‘‘tobe’’ and inserting ‘‘to be’’; 

12 (iii) by striking subparagraph (C); 

13 (iv) by redesignating subparagraphs 

14 (D) and (E) as subparagraphs (C) and 

15 (D), respectively; and 

16 (v) in subparagraph (C) (as redesig17 nated by clause (iv)), by adding a period at 

18 the end; and 

19 (D) in paragraph (4)(A) (as redesignated 

20 by subparagraph (B)), by striking ‘‘paragraph 

21 (2)’’ and inserting ‘‘paragraph (1)’’. 

22 (3) ADMINISTRATION.—Section 133(e) of title 

23 23, United States Code, is amended in each of para24 graphs (3)(B)(i), (5)(A), and (5)(B) of subsection 
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1 (e), by striking ‘‘(d)(2)’’ each place it appears and 

2 inserting ‘‘(d)(1)’’. 

3 (4) CONFORMING AMENDMENTS.— 

4 (A) The analysis for chapter 1 of title 23, 

5 United States Code, is amended by striking the 

6 item relating to section 148 and inserting the 

7 following: 

‘‘148. Highway safety improvement program.’’. 

8 (B) Section 104(g) of title 23, United 

9 States Code, is amended in the first sentence by 

10 striking ‘‘sections 130, 144, and 152 of this 

11 title’’ and inserting ‘‘sections 130 and 144’’. 

12 (C) Section 126 of title 23, United States 

13 Code, is amended— 

14 (i) in subsection (a), by inserting 

15 ‘‘under’’ after ‘‘State’s apportionment’’; 

16 and 

17 (ii) in subsection (b)— 

18 (I) in the first sentence, by strik19 ing ‘‘the last sentence of section 

20 133(d)(1) or to section 104(f) or to 

21 section 133(d)(3)’’ and inserting ‘‘sec22 tion 104(f) or 133(d)(2)’’; and 

23 (II) in the second sentence, by 

24 striking ‘‘or 133(d)(2)’’. 
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1 (D) Sections 154, 164, and 409 of title 23, 

2 United States Code, are amended by striking 

3 ‘‘152’’ each place it appears and inserting 

4 ‘‘148’’. 

5 (b) APPORTIONMENT OF HIGHWAY SAFETY IM6 PROVEMENT PROGRAM FUNDS.—Section 104(b) of title 

7 23, United States Code, is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 inserting after ‘‘Improvement program,’’ the fol10 lowing: ‘‘the highway safety improvement program,’’; 

11 and 

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

13 ‘‘(5) HIGHWAY SAFETY IMPROVEMENT PRO14 GRAM.— 

15 ‘‘(A) IN GENERAL.—For the highway safe16 ty improvement program, in accordance with 

17 the following formula: 

18 ‘‘(i) 25 percent of the apportionments 

19 in the ratio that— 

20 ‘‘(I) the total lane miles of Fed21 eral-aid highways in each State; bears 

22 to 

23 ‘‘(II) the total lane miles of Fed24 eral-aid highways in all States. 
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1 ‘‘(ii) 40 percent of the apportionments 

2 in the ratio that— 

3 ‘‘(I) the total vehicle miles trav4 eled on lanes on Federal-aid highways 

5 in each State; bears to 

6 ‘‘(II) the total vehicle miles trav7 eled on lanes on Federal-aid highways 

8 in all States. 

9 ‘‘(iii) 35 percent of the apportion10 ments in the ratio that— 

11 ‘‘(I) the estimated tax payments 

12 attributable to highway users in each 

13 State paid into the Highway Trust 

14 Fund (other than the Mass Transit 

15 Account) in the latest fiscal year for 

16 which data are available; bears to 

17 ‘‘(II) the estimated tax payments 

18 attributable to highway users in all 

19 States paid into the Highway Trust 

20 Fund (other than the Mass Transit 

21 Account) in the latest fiscal year for 

22 which data are available. 

23 ‘‘(B) MINIMUM APPORTIONMENT.—Not24 withstanding subparagraph (A), each State 
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shall receive a minimum of 1 1 ⁄2 of 1 percent of 

2 the funds apportioned under this paragraph.’’. 

3 (c) ELIMINATION OF HAZARDS RELATING TO RAIL4 WAY-HIGHWAY CROSSINGS.— 

5 (1) FUNDS FOR RAILWAY-HIGHWAY CROSS6 INGS.—Section 130(e) of title 23, United States 

7 Code, is amended by inserting before ‘‘At least’’ the 

8 following: ‘‘For each fiscal year, at least 

9 $178,616,352 of the funds authorized and expended 

10 under section 148 shall be available for the elimi11 nation of hazards and the installation of protective 

12 devices at railway-highway crossings.’’. 

13 (2) BIENNIAL REPORTS TO CONGRESS.—Sec14 tion 130(g) of title 23, United States Code, is 

15 amended in the third sentence— 

16 (A) by inserting ‘‘and the Committee on 

17 Commerce, Science, and Transportation,’’ after 

18 ‘‘Public Works’’; and 

19 (B) by striking ‘‘not later than April 1 of 

20 each year’’ and inserting ‘‘every other year’’. 

21 (3) EXPENDITURE OF FUNDS.—Section 130 of 

22 title 23, United States Code, is amended by adding 

23 at the end the following: 

24 ‘‘(k) EXPENDITURE OF FUNDS.—Funds made avail25 able to carry out this section shall be— 
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1 ‘‘(1) available for expenditure on compilation 

2 and analysis of data in support of activities carried 

3 out under subsection (g); and 

4 ‘‘(2) apportioned in accordance with section 

5 104(b)(5).’’. 

6 (d) TRANSITION.— 

7 (1) IMPLEMENTATION.—Except as provided in 

8 paragraph (2), the Secretary shall approve obliga9 tions of funds apportioned under section 104(b)(5) 

10 of title 23, United States Code (as added by sub11 section (b)) to carry out section 148 of that title, 

12 only if, not later than October 1 of the second fiscal 

13 year after the date of enactment of this Act, a State 

14 has developed and implemented a State strategic 

15 highway safety plan as required under section 

16 148(c) of that title. 

17 (2) INTERIM PERIOD.— 

18 (A) IN GENERAL.—Before October 1 of the 

19 second fiscal year after the date of enactment 

20 of this Act and until the date on which a State 

21 develops and implements a State strategic high22 way safety plan, the Secretary shall apportion 

23 funds to a State for the highway safety im24 provement program and the State may obligate 

25 funds apportioned to the State for the highway 
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1 safety improvement program under section 148 

2 for projects that were eligible for funding under 

3 sections 130 and 152 of that title, as in effect 

4 on the day before the date of enactment of this 

5 Act. 

6 (B) NO STRATEGIC HIGHWAY SAFETY

7 PLAN.—If a State has not developed a strategic 

8 highway safety plan by October 1 of the second 

9 fiscal year after the date of enactment of this 

10 Act, but certifies to the Secretary that progress 

11 is being made toward developing and imple12 menting such a plan, the Secretary shall con13 tinue to apportion funds for 1 additional fiscal 

14 year for the highway safety improvement pro15 gram under section 148 of title 23, United 

16 States Code, to the State, and the State may 

17 continue to obligate funds apportioned to the 

18 State under this section for projects that were 

19 eligible for funding under sections 130 and 152 

20 of that title, as in effect on the day before the 

21 date of enactment of this Act. 

22 (C) PENALTY.—If a State has not adopted 

23 a strategic highway safety plan by the date that 

24 is 2 years after the date of enactment of this 

25 Act, funds made available to the State under 
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1 section 1101(6) shall be redistributed to other 

2 States in accordance with section 104(b)(3) of 

3 title 23, United States Code. 

4 SEC. 1402. OPERATION LIFESAVER. 

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

6 amended— 

7 (1) by striking ‘‘subsection (b)(3)’’ and insert8 ing ‘‘subsection (b)(5)’’; and 

9 (2) by striking ‘‘$500,000’’ and inserting 

10 ‘‘$535,849’’. 

11 SEC. 1403. LICENSE SUSPENSION. 

12 Section 164(a) of title 23, United States Code, is 

13 amended by striking paragraph (3) and inserting the fol14 lowing: 

15 ‘‘(3) LICENSE SUSPENSION.—The term ‘license 

16 suspension’ means— 

17 ‘‘(A) the suspension of all driving privi18 leges of an individual for the duration of the 

19 suspension period; or 

20 ‘‘(B) a combination of suspension of all 

21 driving privileges of an individual for the first 

22 90 days of the suspension period, followed by 

23 reinstatement of limited driving privileges re24 quiring the individual to operate only motor ve25 hicles equipped with an ignition interlock sys-
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1 tem or other device approved by the Secretary 

2 during the remainder of the suspension pe3 riod.’’. 

4 SEC. 1404. BUS AXLE WEIGHT EXEMPTION. 

5 Section 1023 of the Intermodal Surface Transpor6 tation Efficiency Act of 1991 (23 U.S.C. 127 note; 105 

7 Stat. 1951) is amended by striking subsection (h) and in8 serting the following: 

9 ‘‘(h) OVER-THE-ROAD BUS AND PUBLIC TRANSIT

10 VEHICLE EXEMPTION.— 

11 ‘‘(1) IN GENERAL.—The second sentence of sec12 tion 127 of title 23, United States Code (relating to 

13 axle weight limitations for vehicles using the Dwight 

14 D. Eisenhower System of Interstate and Defense 

15 Highways), shall not apply to— 

16 ‘‘(A) any over-the-road bus (as defined in 

17 section 301 of the Americans With Disabilities 

18 Act of 1990 (42 U.S.C. 12181)); or 

19 ‘‘(B) any vehicle that is regularly and ex20 clusively used as an intrastate public agency 

21 transit passenger bus. 

22 ‘‘(2) STATE ACTION.—No State or political sub23 division of a State, or any political authority of 2 or 

24 more States, shall impose any axle weight limitation 

25 on any vehicle described in paragraph (1) in any 
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1 case in which such a vehicle is using the Dwight D. 

2 Eisenhower System of Interstate and Defense High3 ways.’’. 

4 SEC. 1405. SAFE ROUTES TO SCHOOLS PROGRAM. 

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

6 23, United States Code, is amended by inserting after sec7 tion 149 the following: 

8 ‘‘§ 150. Safe routes to schools program 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) PRIMARY AND SECONDARY SCHOOL.—The 

11 term ‘primary and secondary school’ means a school 

12 that provides education to children in any of grades 

13 kindergarten through 12. 

14 ‘‘(2) PROGRAM.—The term ‘program’ means 

15 the safe routes to schools program established under 

16 subsection (b). 

17 ‘‘(3) VICINITY OF A SCHOOL.—The term ‘vicin18 ity of a school’ means the area within 2 miles of a 

19 primary or secondary school. 

20 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab21 lish and carry out a safe routes to school program for the 

22 benefit of children in primary and secondary schools in 

23 accordance with this section. 

24 ‘‘(c) PURPOSES.—The purposes of the program shall 

25 be— 
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1 ‘‘(1) to enable and to encourage children to 

2 walk and bicycle to school; 

3 ‘‘(2) to encourage a healthy and active lifestyle 

4 by making walking and bicycling to school safer and 

5 more appealing transportation alternatives; and 

6 ‘‘(3) to facilitate the planning, development, 

7 and implementation of projects and activities that 

8 will improve safety in the vicinity of schools. 

9 ‘‘(d) ELIGIBLE RECIPIENTS.—A State shall use 

10 amounts apportioned under this section to provide finan11 cial assistance to State, regional, and local agencies that 

12 demonstrate an ability to meet the requirements of this 

13 section. 

14 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 

15 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 

16 ‘‘(A) IN GENERAL.—Amounts apportioned 

17 to a State under this section may be used for 

18 the planning, design, and construction of infra19 structure-related projects to encourage walking 

20 and bicycling to school, including— 

21 ‘‘(i) sidewalk improvements; 

22 ‘‘(ii) traffic calming and speed reduc23 tion improvements; 

24 ‘‘(iii) pedestrian and bicycle crossing 

25 improvements; 
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1 ‘‘(iv) on-street bicycle facilities; 

2 ‘‘(v) off-street bicycle and pedestrian 

3 facilities; 

4 ‘‘(vi) secure bicycle parking facilities; 

5 ‘‘(vii) traffic signal improvements; and 

6 ‘‘(viii) pedestrian-railroad grade cross7 ing improvements. 

8 ‘‘(B) LOCATION OF PROJECTS.—Infra9 structure-related projects under subparagraph 

10 (A) may be carried out on— 

11 ‘‘(i) any public road in the vicinity of 

12 a school; or 

13 ‘‘(ii) any bicycle or pedestrian path14 way or trail in the vicinity of a school. 

15 ‘‘(2) BEHAVIORAL ACTIVITIES.— 

16 ‘‘(A) IN GENERAL.—In addition to projects 

17 described in paragraph (1), amounts appor18 tioned to a State under this section may be 

19 used for behavioral activities to encourage walk20 ing and bicycling to school, including— 

21 ‘‘(i) public awareness campaigns and 

22 outreach to press and community leaders; 

23 ‘‘(ii) traffic education and enforce24 ment in the vicinity of schools; and 
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1 ‘‘(iii) student sessions on bicycle and 

2 pedestrian safety, health, and environment. 

3 ‘‘(B) ALLOCATION.—Of the amounts ap4 portioned to a State under this section for a fis5 cal year, not less than 10 percent shall be used 

6 for behavioral activities under this paragraph. 

7 ‘‘(f) FUNDING.— 

8 ‘‘(1) SET ASIDE.—Before apportioning amounts 

9 to carry out section 148 for a fiscal year, the Sec10 retary shall set aside and use $62,515,723 to carry 

11 out this section. 

12 ‘‘(2) APPORTIONMENT.—Amounts made avail13 able to carry out this section shall be apportioned to 

14 States in accordance with section 104(b)(5). 

15 ‘‘(3) ADMINISTRATION OF AMOUNTS.—Amounts 

16 apportioned to a State under this section shall be 

17 administered by the State transportation depart18 ment. 

19 ‘‘(4) FEDERAL SHARE.—Except as provided in 

20 sections 120 and 130, the Federal share of the cost 

21 of a project or activity funded under this section 

22 shall be 90 percent. 

23 ‘‘(5) PERIOD OF AVAILABILITY.—Notwith24 standing section 118(b)(2), amounts apportioned 
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1 under this section shall remain available until ex2 pended.’’. 

3 (b) CONFORMING AMENDMENTS.—The analysis for 

4 subchapter I of chapter 1 of title 23, United States Code 

5 is amended by inserting after the item relating to section 

6 149 the following: 

‘‘150. Safe routes to school program.’’. 

7 SEC. 1406. PURCHASES OF EQUIPMENT. 

8 (a) IN GENERAL.—Section 152 of title 23, United 

9 States Code is amended to read as follows: 

10 ‘‘§ 152. Purchases of equipment 

11 ‘‘(a) IN GENERAL.—Subject to subsection (b), a 

12 State carrying out a project under this chapter shall pur13 chase device, tool or other equipment needed for the 

14 project only after completing and providing a written anal15 ysis demonstrating the cost savings associated with pur16 chasing the equipment compared with renting the equip17 ment from a qualified equipment rental provider before 

18 the project commences 

19 ‘‘(b) APPLICABILITY.—This section shall apply to— 

20 ‘‘(1) earth moving, road machinery, and mate21 rial handling equipment, or any other item, with a 

22 purchase price in excess of $75,000; and 

23 ‘‘(2) aerial work platforms with a purchase 

24 price in excess of $25,000.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 subchapter I of chapter 1 of title 23, United States Code, 

3 is amended by striking the item relating to section 152 

4 and inserting the following: 

‘‘152. Purchases of equipment.’’. 

5 SEC. 1407. WORKZONE SAFETY. 

6 Section 358(b) of the National Highway System Des7 ignation Act of 1995 (109 Stat. 625) is amended by add8 ing at the end the following: 

9 ‘‘(7) Recommending all federally-assisted 

10 projects in excess of $15,000,000 to enter into con11 tracts only with work zone safety services contrac12 tors, traffic control contractors, and trench safety 

13 and shoring contractors that carry general liability 

14 insurance in an amount not less than $15,000,000. 

15 ‘‘(8) Recommending federally-assisted projects 

16 the costs of which exceed $15,000,000 to include 

17 work zone intelligent transportation systems that 

18 are— 

19 ‘‘(A) provided by a qualified vendor; and 

20 ‘‘(B) monitored continuously. 

21 ‘‘(9) Recommending federally-assisted projects 

22 to fully fund not less than 5 percent of project costs 

23 for work zone safety and temporary traffic control 

24 measures, in addition to the cost of the project, 
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1 which measures shall be provided by a qualified 

2 work zone safety or traffic control provider. 

3 ‘‘(10) Ensuring that any recommendation made 

4 under any of paragraphs (7) through (9) provides 

5 for an exemption for applicability to a State, with 

6 respect to a project or class of projects, to the extent 

7 that a State notifies the Secretary in writing that 

8 safety is not expected to be adversely affected by 

9 nonapplication of the requirement to the project or 

10 class of projects.’’. 

11 SEC. 1408. WORKER INJURY PREVENTION AND FREE FLOW 

12 OF VEHICULAR TRAFFIC. 

13 Not later than 1 year after the date of enactment 

14 of this Act, the Secretary shall promulgate regulations— 

15 (1) to decrease the probability of worker injury; 

16 (2) to maintain the free flow of vehicular traffic 

17 by requiring workers whose duties place the workers 

18 on, or in close proximity to, a Federal-aid highway 

19 (as defined in section 101 of title 23, United States 

20 Code) to wear high-visibility clothing; and 

21 (3) to require such other worker-safety meas22 ures for workers described in paragraph (2) as the 

23 Secretary determines appropriate. 
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1 SEC. 1409. IDENTITY AUTHENTICATION STANDARDS. 

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

3 23, United States Code (as amended by section 1824(a)), 

4 is amended by adding at the end the following: 

5 ‘‘§ 179. Identity authentication standards 

6 ‘‘(a) DEFINITION OF INFORMATION-BASED IDENTITY

7 AUTHENTICATION.—In this section, the term ‘informa8 tion-based identity authentication’ means the determina9 tion of the identity of an individual, through the compari10 son of information provided by a person, with other infor11 mation pertaining to that individual with a system using 

12 scoring models and algorithms. 

13 ‘‘(b) STANDARDS.—Not later than 180 days after the 

14 date of enactment of this section, the Secretary, in con15 sultation with the Secretary of Homeland Security and the 

16 Federal Motor Carrier Safety Administration, shall pro17 mulgate regulations establishing minimum standards for 

18 State departments of motor vehicles regarding the use of 

19 information-based identity authentication to determine the 

20 identity of an applicant for a commercial driver’s license, 

21 or the renewal, transfer or upgrading, of a commercial 

22 driver’s license. 

23 ‘‘(c) MINIMUM STANDARDS.—The regulations shall, 

24 at a minimum, require State departments of motor vehi25 cles to implement, and applicants for commercial driver’s 

26 licenses, (or the renewal, transfer, or upgrading of com-
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1 mercial driver’s licenses), to comply with, reasonable pro2 cedures for operating an information-based identity au3 thentication program before issuing, renewing, transfer4 ring, or upgrading a commercial driver’s license. 

5 ‘‘(d) KEY FACTORS.—In promulgating regulations 

6 under this section, the Secretary shall require that an in7 formation-based identity authentication program carried 

8 out under this section establish processes that— 

9 ‘‘(1) use multiple sources of matching informa10 tion; 

11 ‘‘(2) enable the measurement of the accuracy of 

12 the determination of an applicant’s identity; 

13 ‘‘(3) support continuous auditing of compliance 

14 with applicable laws, policies, and practices gov15 erning the collection, use, and distribution of infor16 mation in the operation of the program; and 

17 ‘‘(4) incorporate industry best practices to pro18 tect significant privacy interests in the information 

19 used in the program and the appropriate safe20 guarding of the storage of the information.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for 

22 subchapter I of chapter I of title 23, United States Code 

23 (as amended by section 1824(b)), is amended by adding 

24 at the end the following: 

‘‘179. Identity authentication standards.’’. 
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1 SEC. 1410. OPEN CONTAINER REQUIREMENTS. 

2 Section 154 of title 23, United States Code, is 

3 amended by striking subsection (c) and inserting the fol4 lowing: 

5 ‘‘(c) TRANSFER OF FUNDS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall with7 hold the applicable percentage for the fiscal year of 

8 the amount required to be apportioned for Federal9 aid highways to any State under each of paragraphs 

10 (1), (3), and (4) of section 104(b), if a State has not 

11 enacted or is not enforcing a provision described in 

12 subsection (b), as follows: 

‘‘For: The applicable percentage is: 

Fiscal year 2008 ............................ 2 percent. 

Fiscal year 2009 ............................ 2 percent. 

Fiscal year 2010 ............................ 2 percent. 

Fiscal year 2011 and each subsequent fiscal year.2 percent. 

13 ‘‘(2) RESTORATION.—If (during the 4-year pe14 riod beginning on the date the apportionment for 

15 any State is reduced in accordance with this sub16 section) the Secretary determines that the State has 

17 enacted and is enforcing a provision described in 

18 subsection (b), the apportionment of the State shall 

19 be increased by an amount equal to the amount of 

20 the reduction made during the 4-year period.’’. 
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1 Subtitle E—Environmental 

2 Planning and Review 

3 CHAPTER 1—TRANSPORTATION 

4 PLANNING 

5 SEC. 1501. INTEGRATION OF NATURAL RESOURCE CON6 CERNS INTO STATE AND METROPOLITAN 

7 TRANSPORTATION PLANNING. 

8 (a) METROPOLITAN PLANNING.—Section 134(f) of 

9 title 23, United States Code, is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (D)— 

12 (i) by inserting after ‘‘environment’’ 

13 the following: ‘‘(including the protection of 

14 habitat, water quality, and agricultural and 

15 forest land, while minimizing invasive spe16 cies)’’; and 

17 (ii) by inserting before the semicolon 

18 the following: ‘‘(including minimizing ad19 verse health effects from mobile source air 

20 pollution and promoting the linkage of the 

21 transportation and development goals of 

22 the metropolitan area)’’; and 

23 (B) in subparagraph (G), by inserting 

24 ‘‘and efficient use’’ after ‘‘preservation’’; 
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1 (2) by redesignating paragraph (2) as para2 graph (3); and 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) SELECTION OF FACTORS.—After soliciting 

6 and considering any relevant public comments, the 

7 metropolitan planning organization shall determine 

8 which of the factors described in paragraph (1) are 

9 most appropriate for the metropolitan area to con10 sider.’’. 

11 (b) STATEWIDE PLANNING.—Section 135(c) of title 

12 23, United States Code, is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (D)— 

15 (i) by inserting after ‘‘environment’’ 

16 the following: ‘‘(including the protection of 

17 habitat, water quality, and agricultural and 

18 forest land, while minimizing invasive spe19 cies)’’; and 

20 (ii) by inserting before the semicolon 

21 the following: ‘‘(including minimizing ad22 verse health effects from mobile source air 

23 pollution and promoting the linkage of the 

24 transportation and development goals of 

25 the State)’’; and 
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1 (B) in subparagraph (G), by inserting 

2 ‘‘and efficient use’’ after ‘‘preservation’’; 

3 (2) by redesignating paragraph (2) as para4 graph (3); and 

5 (3) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) SELECTION OF PROJECTS AND STRATE8 GIES.—After soliciting and considering any relevant 

9 public comments, the State shall determine which of 

10 the projects and strategies described in paragraph 

11 (1) are most appropriate for the State to consider.’’. 

12 SEC. 1502. CONSULTATION BETWEEN TRANSPORTATION 

13 AGENCIES AND RESOURCE AGENCIES IN 

14 TRANSPORTATION PLANNING. 

15 (a) IN GENERAL.—Section 134(g) of title 23, United 

16 States Code, is amended— 

17 (1) in paragraph (2)— 

18 (A) by redesignating subparagraphs (B) 

19 through (D) as subparagraphs (C) through (E), 

20 respectively; and 

21 (B) by inserting after subparagraph (A) 

22 the following: 

23 ‘‘(B) MITIGATION ACTIVITIES.— 
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1 ‘‘(i) IN GENERAL.—A long-range 

2 transportation plan shall include a discus3 sion of— 

4 ‘‘(I) types of potential habitat, 

5 hydrological, and environmental miti6 gation activities that may assist in 

7 compensating for loss of habitat, wet8 land, and other environmental func9 tions; and 

10 ‘‘(II) potential areas to carry out 

11 these activities, including a discussion 

12 of areas that may have the greatest 

13 potential to restore and maintain the 

14 habitat types and hydrological or envi15 ronmental functions affected by the 

16 plan. 

17 ‘‘(ii) CONSULTATION.—The discussion 

18 shall be developed in consultation with 

19 Federal, State, and tribal wildlife, land 

20 management, and regulatory agencies.’’; 

21 (2) by redesignating paragraphs (4), (5), and 

22 (6) as paragraphs (5), (6), and (7), respectively; and 

23 (3) by inserting after paragraph (3) the fol24 lowing: 

25 ‘‘(4) CONSULTATION.— 
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1 ‘‘(A) IN GENERAL.—In each metropolitan 

2 area, the metropolitan planning organization 

3 shall consult, as appropriate, with State and 

4 local agencies responsible for land use manage5 ment, natural resources, environmental protec6 tion, conservation, and historic preservation 

7 concerning the development of a long-range 

8 transportation plan. 

9 ‘‘(B) ISSUES.—The consultation shall in10 volve— 

11 ‘‘(i) comparison of transportation 

12 plans with State conservation plans or with 

13 maps, if available; 

14 ‘‘(ii) comparison of transportation 

15 plans to inventories of natural or historic 

16 resources, if available; or 

17 ‘‘(iii) consideration of areas where 

18 wildlife crossing structures may be needed 

19 to ensure connectivity between wildlife 

20 habitat linkage areas.’’. 

21 (b) IMPROVED CONSULTATION DURING STATE

22 TRANSPORTATION PLANNING.— 

23 (1) IN GENERAL.—Section 135(e)(2) of title 23, 

24 United States Code, is amended by adding at the 

25 end the following: 
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1 ‘‘(D) CONSULTATION, COMPARISON, AND

2 CONSIDERATION.— 

3 ‘‘(i) IN GENERAL.—The long-range 

4 transportation plan shall be developed, as 

5 appropriate, in consultation with State and 

6 local agencies responsible for— 

7 ‘‘(I) land use management; 

8 ‘‘(II) natural resources; 

9 ‘‘(III) environmental protection; 

10 ‘‘(IV) conservation; and 

11 ‘‘(V) historic preservation. 

12 ‘‘(ii) COMPARISON AND CONSIDER13 ATION.—Consultation under clause (i) 

14 shall involve— 

15 ‘‘(I) comparison of transportation 

16 plans to State conservation plans or 

17 maps, if available; 

18 ‘‘(II) comparison of transpor19 tation plans to inventories of natural 

20 or historic resources, if available; or 

21 ‘‘(III) consideration of areas 

22 where wildlife crossing structures may 

23 be needed to ensure connectivity be24 tween wildlife habitat linkage areas.’’. 
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1 (2) ADDITIONAL REQUIREMENTS.—Section 

2 135(e) of title 23, United States Code, is amended— 

3 (A) by redesignating paragraphs (4) and 

4 (5) as paragraphs (6) and (7), respectively; and 

5 (B) by inserting after paragraph (3) the 

6 following: 

7 ‘‘(4) MITIGATION ACTIVITIES.— 

8 ‘‘(A) IN GENERAL.—A long-range trans9 portation plan shall include a discussion of— 

10 ‘‘(i) types of potential habitat, 

11 hydrological, and environmental mitigation 

12 activities that may assist in compensating 

13 for loss of habitat, wetlands, and other en14 vironmental functions; and 

15 ‘‘(ii) potential areas to carry out these 

16 activities, including a discussion of areas 

17 that may have the greatest potential to re18 store and maintain the habitat types and 

19 hydrological or environmental functions af20 fected by the plan. 

21 ‘‘(B) CONSULTATION.—The discussion 

22 shall be developed in consultation with Federal, 

23 State, and tribal wildlife, land management, 

24 and regulatory agencies. 
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1 ‘‘(5) TRANSPORTATION STRATEGIES.—A long2 range transportation plan shall identify transpor3 tation strategies necessary to efficiently serve the 

4 mobility needs of people.’’. 

5 SEC. 1503. INTEGRATION OF NATURAL RESOURCE CON6 CERNS INTO TRANSPORTATION PROJECT 

7 PLANNING. 

8 Section 109(c)(2) of title 23, United States Code, is 

9 amended— 

10 (1) by striking ‘‘consider the results’’ and in11 serting ‘‘consider— 

12 ‘‘(A) the results’’; 

13 (2) by striking the period at the end and insert14 ing a semicolon; and 

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

16 ‘‘(B) the publication entitled ‘Flexibility in 

17 Highway Design’ of the Federal Highway Ad18 ministration; 

19 ‘‘(C) ‘Eight Characteristics of Process to 

20 Yield Excellence and the Seven Qualities of Ex21 cellence in Transportation Design’ developed by 

22 the conference held during 1998 entitled 

23 ‘Thinking Beyond the Pavement National 

24 Workshop on Integrating Highway Develop25 ment with Communities and the Environment 
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1 while Maintaining Safety and Performance’; 

2 and 

3 ‘‘(D) any other material that the Secretary 

4 determines to be appropriate.’’. 

5 SEC. 1504. PUBLIC INVOLVEMENT IN TRANSPORTATION 

6 PLANNING AND PROJECTS. 

7 (a) METROPOLITAN PLANNING.— 

8 (1) PARTICIPATION BY INTERESTED PAR9 TIES.—Section 134(g)(5) of title 23, United States 

10 Code (as redesignated by section 1502(a)(1)), is 

11 amended— 

12 (A) by striking ‘‘Before approving’’ and in13 serting the following: 

14 ‘‘(A) IN GENERAL.—Before approving’’; 

15 and 

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

17 ‘‘(B) METHODS.—In carrying out subpara18 graph (A), the metropolitan planning organiza19 tion shall, to the maximum extent practicable— 

20 ‘‘(i) hold any public meetings at con21 venient and accessible locations and times; 

22 ‘‘(ii) employ visualization techniques 

23 to describe plans; and 
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1 ‘‘(iii) make public information avail2 able in electronically accessible format and 

3 means, such as the World Wide Web.’’. 

4 (2) PUBLICATION OF LONG-RANGE TRANSPOR5 TATION PLANS.—Section 134(g)(6)(i) of title 23, 

6 United States Code (as redesignated by section 

7 1502(a)(1)), is amended by inserting before the 

8 semicolon the following: ‘‘, including (to the max9 imum extent practicable) in electronically accessible 

10 formats and means such as the World Wide Web’’. 

11 (b) STATEWIDE PLANNING.— 

12 (1) PARTICIPATION BY INTERESTED PAR13 TIES.—Section 135(e)(3) of title 23, United States 

14 Code, is amended by striking subparagraph (B) and 

15 inserting the following: 

16 ‘‘(B) METHODS.—In carrying out subpara17 graph (A), the State shall, to the maximum ex18 tent practicable— 

19 ‘‘(i) hold any public meetings at con20 venient and accessible locations and times; 

21 ‘‘(ii) employ visualization techniques 

22 to describe plans; and 

23 ‘‘(iii) make public information avail24 able in electronically accessible format and 

25 means, such as the World Wide Web.’’. 
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1 (2) PUBLICATION OF LONG-RANGE TRANSPOR2 TATION PLANS.—Section 135(e) of title 23, United 

3 States Code (as amended by section 1502(b)(2)), is 

4 amended by adding at the end the following: 

5 ‘‘(8) PUBLICATION OF LONG-RANGE TRANSPOR6 TATION PLANS.—Each long-range transportation 

7 plan prepared by a State shall be published or other8 wise made available, including (to the maximum ex9 tent practicable) in electronically accessible formats 

10 and means, such as the World Wide Web.’’. 

11 SEC. 1505. PROJECT MITIGATION. 

12 (a) MITIGATION FOR NATIONAL HIGHWAY SYSTEM

13 PROJECTS.—Section 103(b)(6)(M) of title 23, United 

14 States Code, is amended— 

15 (1) by inserting ‘‘(i)’’ after ‘‘(M); and 

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

17 ‘‘(ii) State habitat, streams, and wetlands 

18 mitigation efforts under section 155.’’. 

19 (b) MITIGATION FOR SURFACE TRANSPORTATION

20 PROGRAM PROJECTS.—Section 133(b)(11) of title 23, 

21 United States Code, is amended— 

22 (1) by inserting ‘‘(A)’’ after ‘‘(11)’’; and 

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

24 ‘‘(B) State habitat, streams, and wetlands miti25 gation efforts under section 155.’’. 
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1 (c) STATE HABITAT, STREAMS, AND WETLANDS

2 MITIGATION FUNDS.—Section 155 of title 23, United 

3 States Code, is amended to read as follows: 

4 ‘‘§ 155. State habitat, streams, and wetlands mitiga5 tion funds 

6 ‘‘(a) ESTABLISHMENT.—A State should establish a 

7 habitat, streams, and wetlands mitigation fund (referred 

8 to in this section as a ‘State fund’). 

9 ‘‘(b) PURPOSE.—The purpose of a State fund is to 

10 encourage efforts for habitat, streams, and wetlands miti11 gation in advance of or in conjunction with highway or 

12 transit projects to— 

13 ‘‘(1) ensure that the best habitat, streams, and 

14 wetland mitigation sites now available are used; and 

15 ‘‘(2) accelerate transportation project delivery 

16 by making high-quality habitat, streams, and wet17 land mitigation credits available when needed. 

18 ‘‘(c) FUNDS.—A State may deposit into a State fund 

19 part of the funds apportioned to the State under— 

20 ‘‘(1) section 104(b)(1) for the National High21 way System; and 

22 ‘‘(2) section 104(b)(3) for the surface transpor23 tation program. 

24 ‘‘(d) USE.— 
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1 ‘‘(1) IN GENERAL.—Amounts deposited in a 

2 State fund shall be used (in a manner consistent 

3 with this section) for habitat, streams, or wetlands 

4 mitigation related to 1 or more projects funded 

5 under this title, including a project under the trans6 portation improvement program of the State devel7 oped under section 135(f). 

8 ‘‘(2) ENDANGERED SPECIES.—In carrying out 

9 this section, a State and cooperating agency shall 

10 give consideration to mitigation projects, on-site or 

11 off-site, that restore and preserve the best available 

12 sites to conserve biodiversity and habitat for— 

13 ‘‘(A) Federal or State listed threatened or 

14 endangered species of plants and animals; and 

15 ‘‘(B) plant or animal species warranting 

16 listing as threatened or endangered, as deter17 mined by the Secretary of the Interior in ac18 cordance with section 4(b)(3)(B) of the Endan19 gered Species Act of 1973 (16 U.S.C. 

20 1533(b)(3)(B)). 

21 ‘‘(3) MITIGATION IN CLOSED BASINS.— 

22 ‘‘(A) IN GENERAL.—A State may use 

23 amounts deposited in the State fund for 

24 projects to protect existing roadways from an-
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1 ticipated flooding of a closed basin lake, includ2 ing— 

3 ‘‘(i) construction— 

4 ‘‘(I) necessary for the continu5 ation of roadway services and the im6 poundment of water, as the State de7 termines to be appropriate; or 

8 ‘‘(II) for a grade raise to perma9 nently restore a roadway the use of 

10 which is lost or reduced, or could be 

11 lost or reduced, as a result of an ac12 tual or predicted water level that is 

13 within 3 feet of causing inundation of 

14 the roadway in a closed lake basin; 

15 ‘‘(ii) monitoring, studies, evaluations, 

16 design, or preliminary engineering relating 

17 to construction; and 

18 ‘‘(iii) monitoring and evaluations re19 lating to proposed construction. 

20 ‘‘(B) REIMBURSEMENT.—The Secretary 

21 may permit a State that expends funds under 

22 subparagraph (A) to be reimbursed for the ex23 penditures through the use of amounts made 

24 available under section 125(c)(1). 
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1 ‘‘(e) CONSISTENCY WITH APPLICABLE REQUIRE2 MENTS.—Contributions from the State fund to mitigation 

3 efforts may occur in advance of project construction only 

4 if the efforts are consistent with all applicable require5 ments of Federal law (including regulations).’’. 

6 (d) CONFORMING AMENDMENT.—The analysis for 

7 subchapter I of chapter 1 of title 23, United States Code, 

8 is amended by striking the item relating to section 155 

9 and inserting the following: 

‘‘155. State habitat, streams, and wetlands mitigation funds.’’. 

10 CHAPTER 2—TRANSPORTATION PROJECT 

11 DEVELOPMENT PROCESS 

12 SEC. 1511. TRANSPORTATION PROJECT DEVELOPMENT 

13 PROCESS. 

14 (a) IN GENERAL.—Chapter 3 of title 23, United 

15 States Code (as amended by section 1203(a)), is amended 

16 by inserting after section 325 the following: 

17 ‘‘§ 326. Transportation project development process 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) AGENCY.—The term ‘agency’ means any 

20 agency, department, or other unit of Federal, State, 

21 local, or federally recognized tribal government. 

22 ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— 

23 The term ‘environmental impact statement’ means a 

24 detailed statement of the environmental impacts of 

25 a project required to be prepared under the National 
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1 Environmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.). 

3 ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.— 

4 ‘‘(A) IN GENERAL.—The term ‘environ5 mental review process’ means the process for 

6 preparing, for a project— 

7 ‘‘(i) an environmental impact state8 ment; or 

9 ‘‘(ii) any other document or analysis 

10 required to be prepared under the National 

11 Environmental Policy Act of 1969 (42 

12 U.S.C. 4321 et seq.) 

13 ‘‘(B) INCLUSIONS.—The term ‘environ14 mental review process’ includes the process for 

15 and completion of any environmental permit, 

16 approval, review, or study required for a project 

17 under any Federal law other than the National 

18 Environmental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.). 

20 ‘‘(4) PROJECT.—The term ‘project’ means any 

21 highway or transit project that requires the approval 

22 of the Secretary. 

23 ‘‘(5) PROJECT SPONSOR.—The term ‘project 

24 sponsor’ means an agency or other entity (including 
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1 any private or public-private entity), that seeks ap2 proval of the Secretary for a project. 

3 ‘‘(6) STATE TRANSPORTATION DEPARTMENT.— 

4 The term ‘State transportation department’ means 

5 any statewide agency of a State with responsibility 

6 for transportation. 

7 ‘‘(b) PROCESS.— 

8 ‘‘(1) LEAD AGENCY.— 

9 ‘‘(A) IN GENERAL.—The Department of 

10 Transportation shall be the lead Federal agency 

11 in the environmental review process for a 

12 project. 

13 ‘‘(B) JOINT LEAD AGENCIES.—Nothing in 

14 this section precludes another agency from 

15 being a joint lead agency in accordance with 

16 regulations under the National Environmental 

17 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

18 ‘‘(C) CONCURRENCE OF PROJECT SPON19 SOR.—The lead agency may carry out the envi20 ronmental review process in accordance with 

21 this section only with the concurrence of the 

22 project sponsor. 

23 ‘‘(2) REQUEST FOR PROCESS.— 

24 ‘‘(A) IN GENERAL.—A project sponsor may 

25 request that the lead agency carry out the envi-
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1 ronmental review process for a project or group 

2 of projects in accordance with this section. 

3 ‘‘(B) GRANT OF REQUEST; PUBLIC NO4 TICE.—The lead agency shall— 

5 ‘‘(i) grant a request under subpara6 graph (A); and 

7 ‘‘(ii) provide public notice of the re8 quest. 

9 ‘‘(3) EFFECTIVE DATE.—The environmental re10 view process described in this section may be applied 

11 to a project only after the date on which public no12 tice is provided under subparagraph (B)(ii). 

13 ‘‘(c) ROLES AND RESPONSIBILITY OF LEAD AGEN14 CY.—With respect to the environmental review process for 

15 any project, the lead agency shall have authority and re16 sponsibility to— 

17 ‘‘(A) identify and invite cooperating agen18 cies in accordance with subsection (d); 

19 ‘‘(B) develop an agency coordination plan 

20 with review, schedule, and timelines in accord21 ance with subsection (e); 

22 ‘‘(C) determine the purpose and need for 

23 the project in accordance with subsection (f); 

24 ‘‘(D) determine the range of alternatives to 

25 be considered in accordance with subsection (g); 
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1 ‘‘(E) convene dispute-avoidance and deci2 sion resolution meetings and related efforts in 

3 accordance with subsection (h); 

4 ‘‘(F) take such other actions as are nec5 essary and proper, within the authority of the 

6 lead agency, to facilitate the expeditious resolu7 tion of the environmental review process for the 

8 project; and 

9 ‘‘(G) prepare or ensure that any required 

10 environmental impact statement or other docu11 ment required to be completed under the Na12 tional Environmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.) is completed in accordance 

14 with this section and applicable Federal law. 

15 ‘‘(d) ROLES AND RESPONSIBILITIES OF COOPER16 ATING AGENCIES.— 

17 ‘‘(1) IN GENERAL.—With respect to a project, 

18 each Federal agency shall carry out any obligations 

19 of the Federal agency in the environmental review 

20 process in accordance with this section and applica21 ble Federal law. 

22 ‘‘(2) INVITATION.— 

23 ‘‘(A) IN GENERAL.—The lead agency 

24 shall— 
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1 ‘‘(i) identify, as early as practicable in 

2 the environmental review process for a 

3 project, any other agencies that may have 

4 an interest in the project, including— 

5 ‘‘(I) agencies with jurisdiction 

6 over environmentally-related matters 

7 that may affect the project or may be 

8 required by law to conduct an envi9 ronmental-related independent review 

10 or analysis of the project or determine 

11 whether to issue an environmental-re12 lated permit, license, or approval for 

13 the project; and 

14 ‘‘(II) agencies with special exper15 tise relevant to the project; 

16 ‘‘(ii) invite the agencies identified in 

17 clause (i) to become participating agencies 

18 in the environmental review process for 

19 that project; and 

20 ‘‘(iii) grant requests to become co21 operating agencies from agencies not origi22 nally invited. 

23 ‘‘(B) RESPONSES.—The deadline for re24 ceipt of a response from an agency that receives 

25 an invitation under subparagraph (A)(ii)— 
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1 ‘‘(i) shall be 30 days after the date of 

2 receipt by the agency of the invitation; but 

3 ‘‘(ii) may be extended by the lead 

4 agency for good cause. 

5 ‘‘(3) DECLINING OF INVITATIONS.—A Federal 

6 agency that is invited by the lead agency to partici7 pate in the environmental review process for a 

8 project shall be designated as a cooperating agency 

9 by the lead agency, unless the invited agency in10 forms the lead agency in writing, by the deadline 

11 specified in the invitation, that the invited agency— 

12 ‘‘(A) has no jurisdiction or authority with 

13 respect to the project; 

14 ‘‘(B) has no expertise or information rel15 evant to the project; and 

16 ‘‘(C) does not intend to submit comments 

17 on the project. 

18 ‘‘(4) EFFECT OF DESIGNATION.—Designation 

19 as a cooperating agency under this subsection shall 

20 not imply that the cooperating agency— 

21 ‘‘(A) supports a proposed project; or 

22 ‘‘(B) has any jurisdiction over, or special 

23 expertise with respect to evaluation of, the 

24 project. 
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1 ‘‘(5) DESIGNATIONS FOR CATEGORIES OF

2 PROJECTS.— 

3 ‘‘(A) IN GENERAL.—The Secretary may in4 vite other agencies to become cooperating agen5 cies for a category of projects. 

6 ‘‘(B) DESIGNATION.—An agency may be 

7 designated as a cooperating agency for a cat8 egory of projects only with the consent of the 

9 agency. 

10 ‘‘(6) CONCURRENT REVIEWS.—Each Federal 

11 agency shall, to the maximum extent practicable— 

12 ‘‘(A) carry out obligations of the Federal 

13 agency under other applicable law concurrently, 

14 and in conjunction, with the review required 

15 under the National Environmental Policy Act of 

16 1969 (42 U.S.C. 4321 et seq.), unless doing so 

17 would impair the ability of the Federal agency 

18 to carry out those obligations; and 

19 ‘‘(B) formulate and implement administra20 tive, policy, and procedural mechanisms to en21 able the agency to ensure completion of the en22 vironmental review process in a timely, coordi23 nated, and environmentally responsible manner. 

24 ‘‘(e) DEVELOPMENT OF FLEXIBLE PROCESS AND

25 TIMELINE.— 
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1 ‘‘(1) COORDINATION PLAN.— 

2 ‘‘(A) IN GENERAL.—The lead agency shall 

3 establish a coordination plan, which may be in4 corporated into a memorandum of under5 standing, to coordinate agency and public par6 ticipation in and comment on the environmental 

7 review process for a project or category of 

8 projects. 

9 ‘‘(B) WORKPLAN.— 

10 ‘‘(i) IN GENERAL.—The lead agency 

11 shall develop, as part of the coordination 

12 plan, a workplan for completing the collec13 tion, analysis, and evaluation of baseline 

14 data and future impacts modeling nec15 essary to complete the environmental re16 view process, including any data, analyses, 

17 and modeling necessary for related per18 mits, approvals, reviews, or studies re19 quired for the project under other laws. 

20 ‘‘(ii) CONSULTATION.—In developing 

21 the workplan under clause (i), the lead 

22 agency shall consult with— 

23 ‘‘(I) each cooperating agency for 

24 the project; 
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1 ‘‘(II) the State in which the 

2 project is located; and 

3 ‘‘(III) if the State is not the 

4 project sponsor, the project sponsor. 

5 ‘‘(C) SCHEDULE.— 

6 ‘‘(i) IN GENERAL.—The lead agency 

7 shall establish as part of the coordination 

8 plan, after consultation with each cooper9 ating agency for the project and with the 

10 State in which the project is located (and, 

11 if the State is not the project sponsor, with 

12 the project sponsor), a schedule for com13 pletion of the environmental review process 

14 for the project. 

15 ‘‘(ii) FACTORS FOR CONSIDER16 ATION.—In establishing the schedule, the 

17 lead agency shall consider factors such 

18 as— 

19 ‘‘(I) the responsibilities of co20 operating agencies under applicable 

21 laws; 

22 ‘‘(II) resources available to the 

23 cooperating agencies; 

24 ‘‘(III) overall size and complexity 

25 of a project; 
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1 ‘‘(IV) the overall schedule for 

2 and cost of a project; and 

3 ‘‘(V) the sensitivity of the natural 

4 and historic resources that could be 

5 affected by the project. 

6 ‘‘(D) CONSISTENCY WITH OTHER TIME PE7 RIODS.—A schedule under subparagraph (C) 

8 shall be consistent with any other relevant time 

9 periods established under Federal law. 

10 ‘‘(E) MODIFICATION.—The lead agency 

11 may— 

12 ‘‘(i) lengthen a schedule established 

13 under subparagraph (C) for good cause; 

14 and 

15 ‘‘(ii) shorten a schedule only with the 

16 concurrence of the affected cooperating 

17 agencies. 

18 ‘‘(F) DISSEMINATION.—A copy of a sched19 ule under subparagraph (C), and of any modi20 fications to the schedule, shall be— 

21 ‘‘(i) provided to all cooperating agen22 cies and to the State transportation de23 partment of the State in which the project 

24 is located (and, if the State is not the 
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1 project sponsor, to the project sponsor); 

2 and 

3 ‘‘(ii) made available to the public. 

4 ‘‘(2) COMMENTS AND TIMELINES.— 

5 ‘‘(A) IN GENERAL.—A schedule established 

6 under paragraph (1)(C) shall include— 

7 ‘‘(i) opportunities for comment, dead8 line for receipt of any comments sub9 mitted, deadline for lead agency response 

10 to comments; and 

11 ‘‘(ii) except as otherwise provided 

12 under paragraph (1)— 

13 ‘‘(I) an opportunity to comment 

14 by agencies and the public on a draft 

15 or final environmental impact state16 ment for a period of not more than 60 

17 days longer than the minimum period 

18 required under the National Environ19 mental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.); and 

21 ‘‘(II) for all other comment peri22 ods established by the lead agency for 

23 agency or public comments in the en24 vironmental review process, a period 

25 of not more than the longer of— 
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1 ‘‘(aa) 30 days after the final 

2 day of the minimum period re3 quired under Federal law (includ4 ing regulations), if available; or 

5 ‘‘(bb) if a minimum period 

6 is not required under Federal law 

7 (including regulations), 30 days. 

8 ‘‘(B) EXTENSION OF COMMENT PERI9 ODS.—The lead agency may extend a period of 

10 comment established under this paragraph for 

11 good cause. 

12 ‘‘(C) LATE COMMENTS.—A comment con13 cerning a project submitted under this para14 graph after the date of termination of the appli15 cable comment period or extension of a com16 ment period shall not be eligible for consider17 ation by the lead agency unless the lead agency 

18 or project sponsor determines there was good 

19 cause for the delay or the lead agency is re20 quired to consider significant new cir21 cumstances or information in accordance with 

22 sections 1501.7 and 1502.9 of title 40, Code of 

23 Federal Regulations. 

24 ‘‘(D) DEADLINES FOR DECISIONS UNDER

25 OTHER LAWS.—In any case in which a decision 
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1 under any Federal law relating to a project (in2 cluding the issuance or denial of a permit or li3 cense) is required to be made by the later of the 

4 date that is 180 days after the date on which 

5 the Secretary made all final decisions of the 

6 lead agency with respect to the project, or 180 

7 days after the date on which an application was 

8 submitted for the permit or license, the Sec9 retary shall submit to the Committee on Envi10 ronment and Public Works of the Senate and 

11 the Committee on Transportation and Infra12 structure of the House of Representatives— 

13 ‘‘(i) as soon as practicable after the 

14 180-day period, an initial notice of the fail15 ure of the Federal agency to make the de16 cision; and 

17 ‘‘(ii) every 60 day thereafter until 

18 such date as all decisions of the Federal 

19 agency relating to the project have been 

20 made by the Federal agency, an additional 

21 notice that describes the number of deci22 sions of the Federal agency that remain 

23 outstanding as of the date of the additional 

24 notice. 
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1 ‘‘(3) INVOLVEMENT OF THE PUBLIC.—Nothing 

2 in this subsection shall reduce any time period pro3 vided for public comment in the environmental re4 view process under existing Federal law (including a 

5 regulation). 

6 ‘‘(f) DEVELOPMENT OF PROJECT PURPOSE AND

7 NEED STATEMENT.— 

8 ‘‘(1) IN GENERAL.—With respect to the envi9 ronmental review process for a project, the purpose 

10 and need for the project shall be defined in accord11 ance with this subsection. 

12 ‘‘(2) AUTHORITY.—The lead agency shall define 

13 the purpose and need for a project, including the 

14 transportation objectives and any other objectives in15 tended to be achieved by the project. 

16 ‘‘(3) INVOLVEMENT OF COOPERATING AGEN17 CIES AND THE PUBLIC.—Before determining the 

18 purpose and need for a project, the lead agency shall 

19 solicit for 30 days, and consider, any relevant com20 ments on the draft statement of purpose and need 

21 for a proposed project received from the public and 

22 cooperating agencies. 

23 ‘‘(4) EFFECT ON OTHER REVIEWS.—For the 

24 purpose of compliance with the National Environ25 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
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1 and any other law requiring an agency that is not 

2 the lead agency to determine or consider a project 

3 purpose or project need, such an agency acting, per4 mitting, or approving under, or otherwise applying, 

5 Federal law with respect to a project shall adopt the 

6 determination of purpose and need for the project 

7 made by the lead agency. 

8 ‘‘(5) SAVINGS.—Nothing in this subsection pre9 empts or interferes with any power, jurisdiction, re10 sponsibility, or authority of an agency under applica11 ble law (including regulations) with respect to a 

12 project. 

13 ‘‘(6) CONTENTS.— 

14 ‘‘(A) IN GENERAL.—The statement of pur15 pose and need shall include a clear statement of 

16 the objectives that the proposed project is in17 tended to achieve. 

18 ‘‘(B) EFFECT ON EXISTING STANDARDS.— 

19 Nothing in this subsection shall alter existing 

20 standards for defining the purpose and need of 

21 a project. 

22 ‘‘(7) FACTORS TO CONSIDER.—The lead agency 

23 may determine that any of the following factors and 

24 documents are appropriate for consideration in de25 termining the purpose of and need for a project: 
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1 ‘‘(A) Transportation plans and related 

2 planning documents developed through the 

3 statewide and metropolitan transportation plan4 ning process under sections 134 and 135. 

5 ‘‘(B) Land use plans adopted by units of 

6 State, local, or tribal government (or, in the 

7 case of Federal land, by the applicable Federal 

8 land management agencies). 

9 ‘‘(C) Economic development plans adopted 

10 by— 

11 ‘‘(i) units of State, local, or tribal gov12 ernment; or 

13 ‘‘(ii) established economic develop14 ment planning organizations or authorities. 

15 ‘‘(D) Environmental protection plans, in16 cluding plans for the protection or treatment 

17 of— 

18 ‘‘(i) air quality; 

19 ‘‘(ii) water quality and runoff; 

20 ‘‘(iii) habitat needs of plants and ani21 mals; 

22 ‘‘(iv) threatened and endangered spe23 cies; 

24 ‘‘(v) invasive species; 

25 ‘‘(vi) historic properties; and 
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1 ‘‘(vii) other environmental resources. 

2 ‘‘(E) Any publicly available plans or poli3 cies relating to the national defense, national 

4 security, or foreign policy of the United States. 

5 ‘‘(g) DEVELOPMENT OF PROJECT ALTERNATIVES.— 

6 ‘‘(1) IN GENERAL.—With respect to the envi7 ronmental review process for a project, the alter8 natives shall be determined in accordance with this 

9 subsection. 

10 ‘‘(2) AUTHORITY.—The lead agency shall deter11 mine the alternatives to be considered for a project. 

12 ‘‘(3) INVOLVEMENT OF COOPERATING AGEN13 CIES AND THE PUBLIC.— 

14 ‘‘(A) IN GENERAL.—Before determining 

15 the alternatives for a project, the lead agency 

16 shall solicit for 30 days and consider any rel17 evant comments on the proposed alternatives 

18 received from the public and cooperating agen19 cies. 

20 ‘‘(B) ALTERNATIVES.—The lead agency 

21 shall consider— 

22 ‘‘(i) alternatives that meet the pur23 pose and need of the project; and 

24 ‘‘(ii) the alternative of no action. 
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1 ‘‘(C) EFFECT ON EXISTING STANDARDS.— 

2 Nothing in this subsection shall alter the exist3 ing standards for determining the range of al4 ternatives. 

5 ‘‘(4) EFFECT ON OTHER REVIEWS.—Any other 

6 agency acting under or applying Federal law with 

7 respect to a project shall consider only the alter8 natives determined by the lead agency. 

9 ‘‘(5) SAVINGS.—Nothing in this subsection pre10 empts or interferes with any power, jurisdiction, re11 sponsibility, or authority of an agency under applica12 ble law (including regulations) with respect to a 

13 project. 

14 ‘‘(6) FACTORS TO CONSIDER.—The lead agency 

15 may determine that any of the following factors and 

16 documents are appropriate for consideration in de17 termining the alternatives for a project: 

18 ‘‘(A) The overall size and complexity of the 

19 proposed action. 

20 ‘‘(B) The sensitivity of the potentially af21 fected resources. 

22 ‘‘(C) The overall schedule and cost of the 

23 project. 

24 ‘‘(D) Transportation plans and related 

25 planning documents developed through the 
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1 statewide and metropolitan transportation plan2 ning process under sections 134 and 135 of 

3 title 23 of the United States Code. 

4 ‘‘(E) Land use plans adopted by units of 

5 State, local, or tribal government (or, in the 

6 case of Federal land, by the applicable Federal 

7 land management agencies). 

8 ‘‘(F) Economic development plans adopted 

9 by— 

10 ‘‘(i) units of State, local, or tribal gov11 ernment; or 

12 ‘‘(ii) established economic develop13 ment planning organizations or authorities. 

14 ‘‘(G) environmental protection plans, in15 cluding plans for the protection or treatment 

16 of— 

17 ‘‘(i) air quality; 

18 ‘‘(ii) water quality and runoff; 

19 ‘‘(iii) habitat needs of plants and ani20 mals; 

21 ‘‘(iv) threatened and endangered spe22 cies; 

23 ‘‘(v) invasive species; 

24 ‘‘(vi) historic properties; and 

25 ‘‘(vii) other environmental resources. 
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1 ‘‘(H) Any publicly available plans or poli2 cies relating to the national defense, national 

3 security, or foreign policy of the United States. 

4 ‘‘(h) PROMPT ISSUE IDENTIFICATION AND RESOLU5 TION PROCESS.— 

6 ‘‘(1) IN GENERAL.—The lead agency, the 

7 project sponsor, and the cooperating agencies shall 

8 work cooperatively, in accordance with this section, 

9 to identify and resolve issues that could— 

10 ‘‘(A) delay completion of the environmental 

11 review process; or 

12 ‘‘(B) result in denial of any approvals re13 quired for the project under applicable laws. 

14 ‘‘(2) LEAD AGENCY RESPONSIBILITIES.— 

15 ‘‘(A) IN GENERAL.—The lead agency, with 

16 the assistance of the project sponsor, shall 

17 make information available to the cooperating 

18 agencies, as early as practicable in the environ19 mental review process, regarding— 

20 ‘‘(i) the environmental and socio21 economic resources located within the 

22 project area; and 

23 ‘‘(ii) the general locations of the alter24 natives under consideration. 
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1 ‘‘(B) BASIS FOR INFORMATION.—Informa2 tion about resources in the project area may be 

3 based on existing data sources, including geo4 graphic information systems mapping. 

5 ‘‘(3) COOPERATING AGENCY RESPONSIBIL6 ITIES.— 

7 ‘‘(A) IN GENERAL.—Based on information 

8 received from the lead agency, cooperating 

9 agencies shall promptly identify to the lead 

10 agency any major issues of concern regarding 

11 the potential environmental or socioeconomic 

12 impacts of a project. 

13 ‘‘(B) MAJOR ISSUES OF CONCERN.—A 

14 major issue of concern referred to in subpara15 graph (A) may include any issue that could 

16 substantially delay or prevent an agency from 

17 granting a permit or other approval that is 

18 needed for a project, as determined by a cooper19 ating agency. 

20 ‘‘(4) ISSUE RESOLUTION.—On identification of 

21 a major issue of concern under paragraph (3), or at 

22 any time upon the request of a project sponsor or 

23 the Governor of a State, the lead agency shall 

24 promptly convene a meeting with representatives of 

25 each of the relevant cooperating agencies, the project 
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1 sponsor, and the Governor to address and resolve 

2 the issue. 

3 ‘‘(5) NOTIFICATION.—If a resolution of a major 

4 issue of concern under paragraph (4) cannot be 

5 achieved by the date that is 30 days after the date 

6 on which a meeting under that paragraph is con7 vened, the lead agency shall provide notification of 

8 the failure to resolve the major issue of concern to— 

9 ‘‘(A) the heads of all cooperating agencies; 

10 ‘‘(B) the project sponsor; 

11 ‘‘(C) the Governor involved; 

12 ‘‘(D) the Committee on Environment and 

13 Public Works of the Senate; and 

14 ‘‘(E) the Committee on Transportation 

15 and Infrastructure of the House of Representa16 tives. 

17 ‘‘(i) PERFORMANCE MEASUREMENT.— 

18 ‘‘(1) PROGRESS REPORTS.—The Secretary shall 

19 establish a program to measure and report on 

20 progress toward improving and expediting the plan21 ning and environmental review process. 

22 ‘‘(2) MINIMUM REQUIREMENTS.—The program 

23 shall include, at a minimum— 

24 ‘‘(A) the establishment of criteria for 

25 measuring consideration of— 
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1 ‘‘(i) State and metropolitan planning, 

2 project planning, and design criteria; and 

3 ‘‘(ii) environmental processing times 

4 and costs; 

5 ‘‘(B) the collection of data to assess per6 formance based on the established criteria; and 

7 ‘‘(C) the annual reporting of the results of 

8 the performance measurement studies. 

9 ‘‘(3) INVOLVEMENT OF THE PUBLIC AND CO10 OPERATING AGENCIES.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 biennially conduct a survey of agencies partici13 pating in the environmental review process 

14 under this section to assess the expectations 

15 and experiences of each surveyed agency with 

16 regard to the planning and environmental re17 view process for projects reviewed under this 

18 section. 

19 ‘‘(B) PUBLIC PARTICIPATION.—In con20 ducting the survey, the Secretary shall solicit 

21 comments from the public. 

22 ‘‘(j) ASSISTANCE TO AFFECTED FEDERAL AND

23 STATE AGENCIES.— 

24 ‘‘(1) IN GENERAL.—The Secretary may approve 

25 a request by a State or recipient to provide funds 
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1 made available under this title for a highway project, 

2 or made available under chapter 53 of title 49 for 

3 a mass transit project, to agencies participating in 

4 the coordinated environmental review process estab5 lished under this section in order to provide the re6 sources necessary to meet any time limits estab7 lished under this section. 

8 ‘‘(2) AMOUNTS.—Such requests under para9 graph (1) shall be approved only— 

10 ‘‘(A) for such additional amounts as the 

11 Secretary determines are necessary for the af12 fected Federal and State agencies to meet the 

13 time limits for environmental review; and 

14 ‘‘(B) if those time limits are less than the 

15 customary time necessary for that review. 

16 ‘‘(k) JUDICIAL REVIEW AND SAVINGS CLAUSE.— 

17 ‘‘(1) JUDICIAL REVIEW.—Nothing in this sec18 tion shall affect the reviewability of any final Fed19 eral agency action in any United States district 

20 court or State court. 

21 ‘‘(2) SAVINGS CLAUSE.—Nothing in this section 

22 shall affect— 

23 ‘‘(A) the applicability of the National Envi24 ronmental Policy Act of 1969 (42 U.S.C. 4321 
182 

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1 et seq.) or any other Federal environmental 

2 statute; or 

3 ‘‘(B) the responsibility of any Federal offi4 cer to comply with or enforce such a statute.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) The analysis for chapter 3 of title 23, 

7 United States Code, is amended by inserting after 

8 the item relating to section 325 (as added by section 

9 1203(f)) the following: 

‘‘326. Transportation project development process.’’. 

10 (2) Section 1309 of the Transportation Equity 

11 Act for the 21st Century (112 Stat. 232) is re12 pealed. 

13 SEC. 1512. ASSUMPTION OF RESPONSIBILITY FOR CAT14 EGORICAL EXCLUSIONS. 

15 (a) IN GENERAL.—Chapter 3 of title 23, United 

16 States Code (as amended by section 1511(a)), is amended 

17 by inserting after section 326 the following: 

18 ‘‘§ 327. Assumption of responsibility for categorical 

19 exclusions 

20 ‘‘(a) CATEGORICAL EXCLUSION DETERMINATIONS.— 

21 ‘‘(1) IN GENERAL.—The Secretary may assign, 

22 and a State may assume, responsibility for deter23 mining whether certain designated activities are in24 cluded within classes of action identified in regula25 tion by the Secretary that are categorically excluded 
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1 from requirements for environmental assessments or 

2 environmental impact statements pursuant to regu3 lations promulgated by the Council on Environ4 mental Quality under part 1500 of title 40, Code of 

5 Federal Regulations (as in effect on October 1, 

6 2003). 

7 ‘‘(2) SCOPE OF AUTHORITY.—A determination 

8 described in paragraph (1) shall be made by a State 

9 in accordance with criteria established by the Sec10 retary and only for types of activities specifically 

11 designated by the Secretary. 

12 ‘‘(3) CRITERIA.—The criteria under paragraph 

13 (2) shall include provisions for public availability of 

14 information consistent with section 552 of title 5 

15 and the National Environmental Policy Act of 1969 

16 (42 U.S.C. 4321 et seq.). 

17 ‘‘(b) OTHER APPLICABLE FEDERAL LAWS.— 

18 ‘‘(1) IN GENERAL.—If a State assumes respon19 sibility under subsection (a), the Secretary may also 

20 assign and the State may assume all or part of the 

21 responsibilities of the Secretary for environmental 

22 review, consultation, or other related actions re23 quired under any Federal law applicable to activities 

24 that are classified by the Secretary as categorical ex25 clusions, with the exception of government-to-govern-
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1 ment consultation with Indian tribes, subject to the 

2 same procedural and substantive requirements as 

3 would be required if that responsibility were carried 

4 out by the Secretary. 

5 ‘‘(2) SOLE RESPONSIBILITY.—A State that as6 sumes responsibility under paragraph (1) with re7 spect to a Federal law shall be solely responsible and 

8 solely liable for complying with and carrying out 

9 that law, and the Secretary shall have no such re10 sponsibility or liability. 

11 ‘‘(c) MEMORANDA OF UNDERSTANDING.— 

12 ‘‘(1) IN GENERAL.—The Secretary and the 

13 State, after providing public notice and opportunity 

14 for comment, shall enter into a memorandum of un15 derstanding setting forth the responsibilities to be 

16 assigned under this section and the terms and condi17 tions under which the assignments are made, includ18 ing establishment of the circumstances under which 

19 the Secretary would reassume responsibility for cat20 egorical exclusion determinations. 

21 ‘‘(2) TERM.—A memorandum of under22 standing— 

23 ‘‘(A) shall have term of not more than 3 

24 years; and 

25 ‘‘(B) shall be renewable. 
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1 ‘‘(3) ACCEPTANCE OF JURISDICTION.—In a 

2 memorandum of understanding, the State shall con3 sent to accept the jurisdiction of the Federal courts 

4 for the compliance, discharge, and enforcement of 

5 any responsibility of the Secretary that the State as6 sumes. 

7 ‘‘(4) MONITORING.—The Secretary shall— 

8 ‘‘(A) monitor compliance by the State with 

9 the memorandum of understanding and the 

10 provision by the State of financial resources to 

11 carry out the memorandum of understanding; 

12 and 

13 ‘‘(B) take into account the performance by 

14 the State when considering renewal of the 

15 memorandum of understanding. 

16 ‘‘(d) TERMINATION.—The Secretary may terminate 

17 any assumption of responsibility under a memorandum of 

18 understanding on a determination that the State is not 

19 adequately carrying out the responsibilities assigned to the 

20 State. 

21 ‘‘(e) STATE AGENCY DEEMED TO BE FEDERAL

22 AGENCY.—A State agency that is assigned a responsibility 

23 under a memorandum of understanding shall be deemed 

24 to be a Federal agency for the purposes of the Federal 

25 law under which the responsibility is exercised.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 3 of title 23, United States Code (as amended by 

3 section 1511(b)), is amended by inserting after the item 

4 relating to section 326 the following: 

‘‘327. Assumption of responsibility for categorical exclusions.’’. 

5 SEC. 1513. SURFACE TRANSPORTATION PROJECT DELIV6 ERY PILOT PROGRAM. 

7 (a) IN GENERAL.—Chapter 3 of title 23, United 

8 States Code (as amended by section 1512(a)), is amended 

9 by inserting after section 327 the following: 

10 ‘‘§ 328. Surface transportation project delivery pilot 

11 program 

12 ‘‘(a) ESTABLISHMENT.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall carry 

14 out a surface transportation project delivery pilot 

15 program (referred to in this section as the ‘pro16 gram’). 

17 ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— 

18 ‘‘(A) IN GENERAL.—Subject to the other 

19 provisions of this section, with the written 

20 agreement of the Secretary and a State, which 

21 may be in the form of a memorandum of under22 standing, the Secretary may assign, and the 

23 State may assume, the responsibilities of the 

24 Secretary with respect to 1 or more highway 

25 projects within the State under the National 
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1 Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.). 

3 ‘‘(B) ADDITIONAL RESPONSIBILITY.—If a 

4 State assumes responsibility under subpara5 graph (A)— 

6 ‘‘(i) the Secretary may assign to the 

7 State, and the State may assume, all or 

8 part of the responsibilities of the Secretary 

9 for environmental review, consultation, or 

10 other action required under any Federal 

11 environmental law pertaining to the review 

12 or approval of a specific project; but 

13 ‘‘(ii) the Secretary may not assign— 

14 ‘‘(I) responsibility for any con15 formity determination required under 

16 section 176 of the Clean Air Act (42 

17 U.S.C. 7506); or 

18 ‘‘(II) any responsibility imposed 

19 on the Secretary by section 134 or 

20 135. 

21 ‘‘(C) PROCEDURAL AND SUBSTANTIVE RE22 QUIREMENTS.—A State shall assume responsi23 bility under this section subject to the same 

24 procedural and substantive requirements as 
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1 would apply if that responsibility were carried 

2 out by the Secretary. 

3 ‘‘(D) FEDERAL RESPONSIBILITY.—Any re4 sponsibility of the Secretary not explicitly as5 sumed by the State by written agreement under 

6 this section shall remain the responsibility of 

7 the Secretary. 

8 ‘‘(E) NO EFFECT ON AUTHORITY.—Noth9 ing in this section preempts or interferes with 

10 any power, jurisdiction, responsibility, or au11 thority of an agency, other than the Depart12 ment of Transportation, under applicable law 

13 (including regulations) with respect to a 

14 project. 

15 ‘‘(b) STATE PARTICIPATION.— 

16 ‘‘(1) NUMBER OF PARTICIPATING STATES.— 

17 The Secretary may permit not more than 5 States 

18 (including the State of Oklahoma) to participate in 

19 the program. 

20 ‘‘(2) APPLICATION.—Not later than 270 days 

21 after the date of enactment of this section, the Sec22 retary shall promulgate regulations that establish re23 quirements relating to information required to be 

24 contained in any application of a State to participate 

25 in the program, including, at a minimum— 
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1 ‘‘(A) the projects or classes of projects for 

2 which the State anticipates exercising the au3 thority that may be granted under the program; 

4 ‘‘(B) verification of the financial resources 

5 necessary to carry out the authority that may 

6 be granted under the program; and 

7 ‘‘(C) evidence of the notice and solicitation 

8 of public comment by the State relating to par9 ticipation of the State in the program, including 

10 copies of comments received from that solicita11 tion. 

12 ‘‘(3) PUBLIC NOTICE.— 

13 ‘‘(A) IN GENERAL.—Each State that sub14 mits an application under this subsection shall 

15 give notice of the intent of the State to partici16 pate in the program not later than 30 days be17 fore the date of submission of the application. 

18 ‘‘(B) METHOD OF NOTICE AND SOLICITA19 TION.—The State shall provide notice and so20 licit public comment under this paragraph by 

21 publishing the complete application of the State 

22 in accordance with the appropriate public notice 

23 law of the State. 
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1 ‘‘(4) SELECTION CRITERIA.—The Secretary 

2 may approve the application of a State under this 

3 section only if— 

4 ‘‘(A) the regulatory requirements under 

5 paragraph (2) have been met; 

6 ‘‘(B) the Secretary determines that the 

7 State has the capability, including financial and 

8 personnel, to assume the responsibility; and 

9 ‘‘(C) the head of the State agency having 

10 primary jurisdiction over highway matters en11 ters into a written agreement with the Sec12 retary described in subsection (c). 

13 ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a 

14 State applies to assume a responsibility of the Sec15 retary that would have required the Secretary to 

16 consult with another Federal agency, the Secretary 

17 shall solicit the views of the Federal agency before 

18 approving the application. 

19 ‘‘(c) WRITTEN AGREEMENT.—A written agreement 

20 under this section shall— 

21 ‘‘(1) be executed by the Governor or the top22 ranking transportation official in the State who is 

23 charged with responsibility for highway construction; 

24 ‘‘(2) be in such form as the Secretary may pre25 scribe; 
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1 ‘‘(3) provide that the State— 

2 ‘‘(A) agrees to assume all or part of the re3 sponsibilities of the Secretary described in sub4 section (a); 

5 ‘‘(B) expressly consents, on behalf of the 

6 State, to accept the jurisdiction of the Federal 

7 courts for the compliance, discharge, and en8 forcement of any responsibility of the Secretary 

9 assumed by the State; 

10 ‘‘(C) certifies that State laws (including 

11 regulations) are in effect that— 

12 ‘‘(i) authorize the State to take the 

13 actions necessary to carry out the respon14 sibilities being assumed; and 

15 ‘‘(ii) are comparable to section 552 of 

16 title 5, including providing that any deci17 sion regarding the public availability of a 

18 document under those State laws is review19 able by a court of competent jurisdiction; 

20 and 

21 ‘‘(D) agrees to maintain the financial re22 sources necessary to carry out the responsibil23 ities being assumed. 

24 ‘‘(d) JURISDICTION.— 
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1 ‘‘(1) IN GENERAL.—The United States district 

2 courts shall have exclusive jurisdiction over any civil 

3 action against a State for failure to carry out any 

4 responsibility of the State under this section. 

5 ‘‘(2) LEGAL STANDARDS AND REQUIRE6 MENTS.—A civil action under paragraph (1) shall be 

7 governed by the legal standards and requirements 

8 that would apply in such a civil action against the 

9 Secretary had the Secretary taken the actions in 

10 question. 

11 ‘‘(3) INTERVENTION.—The Secretary shall have 

12 the right to intervene in any action described in 

13 paragraph (1). 

14 ‘‘(e) EFFECT OF ASSUMPTION OF RESPONSI15 BILITY.—A State that assumes responsibility under sub16 section (a)(2) shall be solely responsible and solely liable 

17 for carrying out, in lieu of the Secretary, the responsibil18 ities assumed under subsection (a)(2), until the program 

19 is terminated as provided in subsection (i). 

20 ‘‘(f) LIMITATIONS ON AGREEMENTS.—Nothing in 

21 this section permits a State to assume any rulemaking au22 thority of the Secretary under any Federal law. 

23 ‘‘(g) AUDITS.— 

24 ‘‘(1) IN GENERAL.—To ensure compliance by a 

25 State with any agreement of the State under sub-
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1 section (c)(1) (including compliance by the State 

2 with all Federal laws for which responsibility is as3 sumed under subsection (a)(2)), for each State par4 ticipating in the program under this section, the 

5 Secretary shall conduct— 

6 ‘‘(A) semiannual audits during each of the 

7 first 2 years of State participation; and 

8 ‘‘(B) annual audits during each subsequent 

9 year of State participation. 

10 ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— 

11 ‘‘(A) IN GENERAL.—An audit conducted 

12 under paragraph (1) shall be provided to the 

13 public for comment. 

14 ‘‘(B) RESPONSE.—Not later than 60 days 

15 after the date on which the period for public 

16 comment ends, the Secretary shall respond to 

17 public comments received under subparagraph 

18 (A). 

19 ‘‘(h) REPORT TO CONGRESS.—The Secretary shall 

20 submit to Congress an annual report that describes the 

21 administration of the program. 

22 ‘‘(i) TERMINATION.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), the program shall terminate on the date 
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1 that is 6 years after the date of enactment of this 

2 section. 

3 ‘‘(2) TERMINATION BY SECRETARY.—The Sec4 retary may terminate the participation of any State 

5 in the program if— 

6 ‘‘(A) the Secretary determines that the 

7 State is not adequately carrying out the respon8 sibilities assigned to the State; 

9 ‘‘(B) the Secretary provides to the State— 

10 ‘‘(i) notification of the determination 

11 of noncompliance; and 

12 ‘‘(ii) a period of at least 30 days dur13 ing which to take such corrective action as 

14 the Secretary determines is necessary to 

15 comply with the applicable agreement; and 

16 ‘‘(C) the State, after the notification and 

17 period provided under subparagraph (B), fails 

18 to take satisfactory corrective action, as deter19 mined by Secretary.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 3 of title 23, United States Code (as amended by 

22 section 1512(b)), is amended by inserting after the item 

23 relating to section 327 the following: 

‘‘328. Surface transportation project delivery pilot program.’’. 
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1 SEC. 1514. PARKS, RECREATION AREAS, WILDLIFE AND WA2 TERFOWL REFUGES, AND HISTORIC SITES. 

3 (a) PROGRAMS AND PROJECTS WITH DE MINIMIS IM4 PACTS.— 

5 (1) TITLE 23.—Section 138 of title 23, United 

6 States Code, is amended— 

7 (A) in the first sentence, by striking ‘‘It is 

8 hereby’’ and inserting the following: 

9 ‘‘(a) DECLARATION OF POLICY.—It is’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(b) DE MINIMIS IMPACTS.— 

12 ‘‘(1) REQUIREMENTS.— 

13 ‘‘(A) IN GENERAL.—The requirements of 

14 this section shall be considered to be satisfied 

15 with respect to an area described in paragraph 

16 (2) or (3) if the Secretary determines, in ac17 cordance with this subsection, that a transpor18 tation program or project will have a de mini19 mis impact on the area. 

20 ‘‘(B) CRITERIA.—In making any deter21 mination under this subsection, the Secretary 

22 shall consider to be part of a transportation 

23 program or project any avoidance, minimiza24 tion, mitigation, or enhancement measures that 

25 are required to be implemented as a condition 
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1 of approval of the transportation program or 

2 project. 

3 ‘‘(2) HISTORIC SITES.—With respect to historic 

4 sites, the Secretary may make a finding of de mini5 mis impact only if— 

6 ‘‘(A) the Secretary has determined, in ac7 cordance with the consultation process required 

8 under section 106 of the National Historic 

9 Preservation Act (16 U.S.C. 470f), that— 

10 ‘‘(i) the transportation program or 

11 project will have no adverse effect on the 

12 historic site; or 

13 ‘‘(ii) there will be no historic prop14 erties affected by the transportation pro15 gram or project; 

16 ‘‘(B) the finding of the Secretary has re17 ceived written concurrence from the applicable 

18 State historic preservation officer or tribal his19 toric preservation officer (and from the Advi20 sory Council on Historic Preservation, if par21 ticipating in the consultation); and 

22 ‘‘(C) the finding of the Secretary has been 

23 developed in consultation with parties con24 sulting as part of the process referred to in sub25 paragraph (A). 
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1 ‘‘(3) PARKS, RECREATION AREAS, AND WILD2 LIFE AND WATERFOWL REFUGES.—With respect to 

3 parks, recreation areas, and wildlife or waterfowl 

4 refuges, the Secretary may make a finding of de 

5 minimis impact only if— 

6 ‘‘(A) the Secretary has determined, in ac7 cordance with the National Environmental Pol8 icy Act of 1969 (42 U.S.C. 4321 et seq.) (in9 cluding public notice and opportunity for public 

10 review and comment), that the transportation 

11 program or project will not adversely affect the 

12 activities, features, and attributes of the park, 

13 recreation area, or wildlife or waterfowl refuge 

14 eligible for protection under this section; and 

15 ‘‘(B) the finding of the Secretary has re16 ceived concurrence from the officials with juris17 diction over the park, recreation area, or wild18 life or waterfowl refuge.’’. 

19 (2) TITLE 49.—Section 303 of title 49, United 

20 States Code, is amended— 

21 (A) by striking ‘‘(c) The Secretary’’ and 

22 inserting the following: 

23 ‘‘(c) APPROVAL OF PROGRAMS AND PROJECTS.— 

24 Subject to subsection (d), the Secretary’’; and 

25 (B) by adding at the end the following: 
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1 ‘‘(d) DE MINIMIS IMPACTS.— 

2 ‘‘(1) REQUIREMENTS.— 

3 ‘‘(A) IN GENERAL.—The requirements of 

4 this section shall be considered to be satisfied 

5 with respect to an area described in paragraph 

6 (2) or (3) if the Secretary determines, in ac7 cordance with this subsection, that a transpor8 tation program or project will have a de mini9 mis impact on the area. 

10 ‘‘(B) CRITERIA.—In making any deter11 mination under this subsection, the Secretary 

12 shall consider to be part of a transportation 

13 program or project any avoidance, minimiza14 tion, mitigation, or enhancement measures that 

15 are required to be implemented as a condition 

16 of approval of the transportation program or 

17 project. 

18 ‘‘(2) HISTORIC SITES.—With respect to historic 

19 sites, the Secretary may make a finding of de mini20 mis impact only if— 

21 ‘‘(A) the Secretary has determined, in ac22 cordance with the consultation process required 

23 under section 106 of the National Historic 

24 Preservation Act (16 U.S.C. 470f), that— 
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1 ‘‘(i) the transportation program or 

2 project will have no adverse effect on the 

3 historic site; or 

4 ‘‘(ii) there will be no historic prop5 erties affected by the transportation pro6 gram or project; 

7 ‘‘(B) the finding of the Secretary has re8 ceived written concurrence from the applicable 

9 State historic preservation officer or tribal his10 toric preservation officer (and from the Advi11 sory Council on Historic Preservation, if par12 ticipating in the consultation); and 

13 ‘‘(C) the finding of the Secretary has been 

14 developed in consultation with parties con15 sulting as part of the process referred to in sub16 paragraph (A). 

17 ‘‘(3) PARKS, RECREATION AREAS, AND WILD18 LIFE AND WATERFOWL REFUGES.—With respect to 

19 parks, recreation areas, and wildlife or waterfowl 

20 refuges, the Secretary may make a finding of de 

21 minimis impact only if— 

22 ‘‘(A) the Secretary has determined, in ac23 cordance with the National Environmental Pol24 icy Act of 1969 (42 U.S.C. 4321 et seq.) (in25 cluding public notice and opportunity for public 
200 

•S 732 PCS 

1 review and comment), that the transportation 

2 program or project will not adversely affect the 

3 activities, features, and attributes of the park, 

4 recreation area, or wildlife or waterfowl refuge 

5 eligible for protection under this section; and 

6 ‘‘(B) the finding of the Secretary has re7 ceived concurrence from the officials with juris8 diction over the park, recreation area, or wild9 life or waterfowl refuge.’’. 

10 (b) CLARIFICATION OF EXISTING STANDARDS.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of enactment of this Act, the Secretary 

13 shall (in consultation with affected agencies and in14 terested parties) promulgate regulations that clarify 

15 the factors to be considered and the standards to be 

16 applied in determining the prudence and feasibility 

17 of alternatives under section 138 of title 23 and sec18 tion 303 of title 49, United States Code. 

19 (2) REQUIREMENTS.—The regulations— 

20 (A) shall clarify the application of the legal 

21 standards to a variety of different types of 

22 transportation programs and projects depending 

23 on the circumstances of each case; and 
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1 (B) may include, as appropriate, examples 

2 to facilitate clear and consistent interpretation 

3 by agency decisionmakers. 

4 (c) IMPLEMENTATION STUDY.— 

5 (1) IN GENERAL.—The Secretary and the 

6 Transportation Research Board of the National 

7 Academy of Sciences shall jointly conduct a study on 

8 the implementation of this section and the amend9 ments made by this section. 

10 (2) COMPONENTS.—In conducting the study, 

11 the Secretary and the Transportation Research 

12 Board shall evaluate— 

13 (A) the processes developed under this sec14 tion and the amendments made by this section 

15 and the efficiencies that may result; 

16 (B) the post-construction effectiveness of 

17 impact mitigation and avoidance commitments 

18 adopted as part of projects conducted under 

19 this section and the amendments made by this 

20 section; and 

21 (C) the quantity of projects with impacts 

22 that are considered de minimis under this sec23 tion and the amendments made by this section, 

24 including information on the location, size, and 

25 cost of the projects. 
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1 (3) REPORT REQUIREMENT.—The Secretary 

2 and the Transportation Research Board shall pre3 pare— 

4 (A) not earlier than the date that is 4 

5 years after the date of enactment of this Act, 

6 a report on the results of the study conducted 

7 under this subsection; and 

8 (B) not later than September 30, 2009, an 

9 update on the report required under subpara10 graph (A). 

11 (4) REPORT RECIPIENTS.—The Secretary and 

12 the Transportation Research Board shall— 

13 (A) submit the report and update required 

14 under paragraph (3) to— 

15 (i) the appropriate committees of Con16 gress; 

17 (ii) the Secretary of the Interior; and 

18 (iii) the Advisory Council on Historic 

19 Preservation; and 

20 (B) make the report and update available 

21 to the public. 

22 SEC. 1515. REGULATIONS. 

23 Except as provided in section 1513, not later than 

24 1 year after the date of enactment of this Act, the Sec25 retary shall promulgate regulations necessary to imple-
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•S 732 PCS 

1 ment the amendments made by chapter 1 and this chap2 ter. 

3 CHAPTER 3—MISCELLANEOUS 

4 SEC. 1521. CRITICAL REAL PROPERTY ACQUISITION. 

5 Section 108 of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(d) CRITICAL REAL PROPERTY ACQUISITION.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 funds apportioned to a State under this title may be 

10 used to pay the costs of acquiring any real property 

11 that is determined to be critical under paragraph (2) 

12 for a project proposed for funding under this title. 

13 ‘‘(2) REIMBURSEMENT.—The Federal share of 

14 the costs referred to in paragraph (1) shall be eligi15 ble for reimbursement out of funds apportioned to a 

16 State under this title if, before the date of acquisi17 tion— 

18 ‘‘(A) the Secretary determines that the 

19 property is offered for sale on the open market; 

20 ‘‘(B) the Secretary determines that in ac21 quiring the property, the State will comply with 

22 the Uniform Relocation Assistance and Real 

23 Property Acquisition Policies Act of 1970 (42 

24 U.S.C. 4601 et seq.); and 
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1 ‘‘(C) the State determines that immediate 

2 acquisition of the property is critical because— 

3 ‘‘(i) based on an appraisal of the 

4 property, the value of the property is in5 creasing significantly; 

6 ‘‘(ii) there is an imminent threat of 

7 development or redevelopment of the prop8 erty; and 

9 ‘‘(iii) the property is necessary for the 

10 implementation of the goals stated in the 

11 proposal for the project. 

12 ‘‘(3) APPLICABLE LAW.—An acquisition of real 

13 property under this section shall be considered to be 

14 an exempt project under section 176 of the Clean 

15 Air Act (42 U.S.C. 7506). 

16 ‘‘(4) ENVIRONMENTAL REVIEW.— 

17 ‘‘(A) IN GENERAL.—A project proposed to 

18 be conducted under this title shall not be con19 ducted on property acquired under paragraph 

20 (1) until all required environmental reviews for 

21 the project have been completed. 

22 ‘‘(B) EFFECT ON CONSIDERATION OF

23 PROJECT ALTERNATIVES.—The number of crit24 ical acquisitions of real property associated with 

25 a project shall not affect the consideration of 
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•S 732 PCS 

1 project alternatives during the environmental 

2 review process. 

3 ‘‘(5) PROCEEDS FROM THE SALE OR LEASE OF

4 REAL PROPERTY.—Section 156(c) shall not apply to 

5 the sale, use, or lease of any real property acquired 

6 under paragraph (1).’’. 

7 SEC. 1522. PLANNING CAPACITY BUILDING INITIATIVE. 

8 Section 104 of title 23, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(m) PLANNING CAPACITY BUILDING INITIATIVE.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall carry 

12 out a planning capacity building initiative to support 

13 enhancements in transportation planning to— 

14 ‘‘(A) strengthen the processes and prod15 ucts of metropolitan and statewide transpor16 tation planning under this title; 

17 ‘‘(B) enhance tribal capacity to conduct 

18 joint transportation planning under chapter 2; 

19 ‘‘(C) participate in the metropolitan and 

20 statewide transportation planning programs 

21 under this title; and 

22 ‘‘(D) increase the knowledge and skill level 

23 of participants in metropolitan and statewide 

24 transportation. 
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1 ‘‘(2) PRIORITY.—The Secretary shall give pri2 ority to planning practices and processes that sup3 port— 

4 ‘‘(A) the transportation elements of home5 land security planning, including— 

6 ‘‘(i) training and best practices relat7 ing to emergency evacuation; 

8 ‘‘(ii) developing materials to assist 

9 areas in coordinating emergency manage10 ment and transportation officials; and 

11 ‘‘(iii) developing training on how plan12 ning organizations may examine security 

13 issues; 

14 ‘‘(B) performance-based planning, includ15 ing— 

16 ‘‘(i) data and data analysis tech17 nologies to be shared with States, metro18 politan planning organizations, local gov19 ernments, and nongovernmental organiza20 tions that— 

21 ‘‘(I) participate in transportation 

22 planning; 

23 ‘‘(II) use the data and data anal24 ysis to engage in metropolitan, tribal, 

25 or statewide transportation planning; 
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1 ‘‘(III) involve the public in the 

2 development of transportation plans, 

3 projects, and alternative scenarios; 

4 and 

5 ‘‘(IV) develop strategies to avoid, 

6 minimize, and mitigate the impacts of 

7 transportation facilities and projects; 

8 and 

9 ‘‘(ii) improvement of the quality of 

10 congestion management systems, including 

11 the development of— 

12 ‘‘(I) a measure of congestion; 

13 ‘‘(II) a measure of transportation 

14 system reliability; and 

15 ‘‘(III) a measure of induced de16 mand; 

17 ‘‘(C) safety planning, including— 

18 ‘‘(i) development of State strategic 

19 safety plans consistent with section 148; 

20 ‘‘(ii) incorporation of work zone safety 

21 into planning; and 

22 ‘‘(iii) training in the development of 

23 data systems relating to highway safety; 

24 ‘‘(D) operations planning, including— 
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1 ‘‘(i) developing training of the integra2 tion of transportation system operations 

3 and management into the transportation 

4 planning process; and 

5 ‘‘(ii) training and best practices relat6 ing to regional concepts of operations; 

7 ‘‘(E) freight planning, including— 

8 ‘‘(i) modeling of freight at a regional 

9 and statewide level; and 

10 ‘‘(ii) techniques for engaging the 

11 freight community with the planning proc12 ess; 

13 ‘‘(F) air quality planning, including— 

14 ‘‘(i) assisting new and existing non15 attainment and maintenance areas in de16 veloping the technical capacity to perform 

17 air quality conformity analysis; 

18 ‘‘(ii) providing training on areas such 

19 as modeling and data collection to support 

20 air quality planning and analysis; 

21 ‘‘(iii) developing concepts and tech22 niques to assist areas in meeting air qual23 ity performance timeframes; and 
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•S 732 PCS 

1 ‘‘(iv) developing materials to explain 

2 air quality issues to decisionmakers and 

3 the public; and 

4 ‘‘(G) integration of environment and plan5 ning. 

6 ‘‘(3) USE OF FUNDS.—The Secretary shall use 

7 amounts made available under paragraph (4) to 

8 make grants to, or enter into contracts, cooperative 

9 agreements, and other transactions with, a Federal 

10 agency, State agency, local agency, federally recog11 nized Indian tribal government or tribal consortium, 

12 authority, association, nonprofit or for-profit cor13 poration, or institution of higher education for re14 search, program development, information collection 

15 and dissemination, and technical assistance. 

16 ‘‘(4) SET-ASIDE.— 

17 ‘‘(A) IN GENERAL.—On October 1 of each 

18 fiscal year, of the funds made available under 

19 subsection (a), the Secretary shall set aside 

20 $3,572,327 to carry out this subsection. 

21 ‘‘(B) FEDERAL SHARE.—The Federal 

22 share of the cost of an activity carried out 

23 using funds made available under subparagraph 

24 (A) shall be 100 percent. 
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1 ‘‘(C) AVAILABILITY.—Funds made avail2 able under subparagraph (A) shall remain avail3 able until expended.’’. 

4 SEC. 1523. INTERMODAL PASSENGER FACILITIES. 

5 (a) IN GENERAL.—Chapter 55 of title 49, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘SUBCHAPTER III—INTERMODAL PASSENGER 

9 FACILITIES 

10 § 5571. Policy and purposes 

11 ‘‘(a) DEVELOPMENT AND ENHANCEMENT OF INTER12 MODAL PASSENGER FACILITIES.—It is in the economic in13 terest of the United States to improve the efficiency of 

14 public surface transportation modes by ensuring their con15 nection with and access to intermodal passenger terminals, 

16 thereby streamlining the transfer of passengers among 

17 modes, enhancing travel options, and increasing passenger 

18 transportation operating efficiencies. 

19 ‘‘(b) GENERAL PURPOSES.—The purposes of this 

20 subchapter are to accelerate intermodal integration among 

21 North America’s passenger transportation modes 

22 through— 

23 ‘‘(1) ensuring intercity public transportation ac24 cess to intermodal passenger facilities; 
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1 ‘‘(2) encouraging the development of an inte2 grated system of public transportation information; 

3 and 

4 ‘‘(3) providing intercity bus intermodal pas5 senger facility grants. 

6 § 5572. Definitions 

7 ‘‘In this subchapter— 

8 ‘‘(1) ‘capital project’ means a project for— 

9 ‘‘(A) acquiring, constructing, improving, or 

10 renovating an intermodal facility that is related 

11 physically and functionally to intercity bus serv12 ice and establishes or enhances coordination be13 tween intercity bus service and transportation, 

14 including aviation, commuter rail, intercity rail, 

15 public transportation, seaports, and the Na16 tional Highway System, such as physical infra17 structure associated with private bus operations 

18 at existing and new intermodal facilities, includ19 ing special lanes, curb cuts, ticket kiosks and 

20 counters, baggage and package express storage, 

21 employee parking, office space, security, and 

22 signage; and 

23 ‘‘(B) establishing or enhancing coordina24 tion between intercity bus service and transpor25 tation, including aviation, commuter rail, inter-
212 

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1 city rail, public transportation, and the Na2 tional Highway System through an integrated 

3 system of public transportation information. 

4 ‘‘(2) ‘commuter service’ means service designed 

5 primarily to provide daily work trips within the local 

6 commuting area. 

7 ‘‘(3) ‘intercity bus service’ means regularly 

8 scheduled bus service for the general public which 

9 operates with limited stops over fixed routes con10 necting two or more urban areas not in close prox11 imity, which has the capacity for transporting bag12 gage carried by passengers, and which makes mean13 ingful connections with scheduled intercity bus serv14 ice to more distant points, if such service is available 

15 and may include package express service, if inci16 dental to passenger transportation, but does not in17 clude air, commuter, water or rail service. 

18 ‘‘(4) ‘intermodal passenger facility’ means pas19 senger terminal that does, or can be modified to, ac20 commodate several modes of transportation and re21 lated facilities, including some or all of the following: 

22 intercity rail, intercity bus, commuter rail, intracity 

23 rail transit and bus transportation, airport limousine 

24 service and airline ticket offices, rent-a-car facilities, 
213 

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1 taxis, private parking, and other transportation serv2 ices. 

3 ‘‘(5) ‘local governmental authority’ includes— 

4 ‘‘(A) a political subdivision of a State; 

5 ‘‘(B) an authority of at least one State or 

6 political subdivision of a State; 

7 ‘‘(C) an Indian tribe; and 

8 ‘‘(D) a public corporation, board, or com9 mission established under the laws of the State. 

10 ‘‘(6) ‘owner or operator of a public transpor11 tation facility’ means an owner or operator of inter12 city-rail, intercity-bus, commuter-rail, commuter-bus, 

13 rail-transit, bus-transit, or ferry services. 

14 ‘‘(7) ‘recipient’ means a State or local govern15 mental authority or a nonprofit organization that re16 ceives a grant to carry out this section directly from 

17 the Federal government. 

18 ‘‘(8) ‘Secretary’ means the Secretary of Trans19 portation. 

20 ‘‘(9) ‘State’ means a State of the United 

21 States, the District of Columbia, Puerto Rico, the 

22 Northern Mariana Islands, Guam, American Samoa, 

23 and the Virgin Islands. 

24 ‘‘(10) ‘urban area’ means an area that includes 

25 a municipality or other built-up place that the Sec-
214 

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1 retary, after considering local patterns and trends of 

2 urban growth, decides is appropriate for a local pub3 lic transportation system to serve individuals in the 

4 locality. 

5 ‘‘§ 5573. Assurance of access to intermodal passenger 

6 facilities 

7 ‘‘Intercity buses and other modes of transportation 

8 shall, to the maximum extent practicable, have access to 

9 publicly funded intermodal passenger facilities, including 

10 those passenger facilities seeking funding under section 

11 5574. 

12 ‘‘§ 5574. Intercity bus intermodal passenger facility 

13 grants 

14 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

15 Transportation may make grants under this section to re16 cipients in financing a capital project only if the Secretary 

17 finds that the proposed project is justified and has ade18 quate financial commitment. 

19 ‘‘(b) COMPETITIVE GRANT SELECTION.—The Sec20 retary shall conduct a national solicitation for applications 

21 for grants under this section. Grantees shall be selected 

22 on a competitive basis. 

23 ‘‘(c) SHARE OF NET PROJECT COSTS.—A grant shall 

24 not exceed 50 percent of the net project cost, as deter25 mined by the Secretary. 
215 

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1 ‘‘(d) REGULATIONS.—The Secretary may promulgate 

2 such regulations as are necessary to carry out this section. 

3 ‘‘§ 5575. Funding 

4 ‘‘(a) HIGHWAY ACCOUNT.— 

5 ‘‘(1) There is authorized to be appropriated 

6 from the Highway Trust Fund (other than the Mass 

7 Transit Account) to carry out this subchapter 

8 $8,930,818 for each of fiscal years 2005 through 

9 2009. 

10 ‘‘(2) The funding made available under para11 graph (1) shall be available for obligation in the 

12 same manner as if such funds were apportioned 

13 under chapter 1 of title 23 and shall be subject to 

14 any obligation limitation imposed on funds for Fed15 eral-aid highways and highway safety construction 

16 programs. 

17 ‘‘(b) PERIOD OF AVAILABILITY.—Amounts made 

18 available under subsection (a) shall remain available until 

19 expended.’’. 

20 (b) CONFORMING AMENDMENT.—The chapter anal21 ysis for chapter 55 of title 49, United States Code, is 

22 amended by adding at the end the following: 

‘‘SUBCHAPTER III—INTERMODAL PASSENGER FACILITIES

Sec. 

‘‘5571. Policy and Purposes. 

‘‘5572. Definitions. 

‘‘5573. Assurance of access to intermodal facilities. 
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‘‘5574. Intercity bus intermodal facility grants. 

‘‘5575. Funding.’’. 

1 Subtitle F—Environment 

2 SEC. 1601. ENVIRONMENTAL RESTORATION AND POLLU3 TION ABATEMENT; CONTROL OF INVASIVE 

4 PLANT SPECIES AND ESTABLISHMENT OF NA5 TIVE SPECIES. 

6 (a) MODIFICATION TO NHS/STP FOR ENVIRON7 MENTAL RESTORATION, POLLUTION ABATEMENT, AND

8 INVASIVE SPECIES.— 

9 (1) MODIFICATIONS TO NATIONAL HIGHWAY

10 SYSTEM.—Section 103(b)(6) of title 23, United 

11 States Code, is amended by adding at the end the 

12 following: 

13 ‘‘(Q) Environmental restoration and pollu14 tion abatement in accordance with section 165. 

15 ‘‘(R) Control of invasive plant species and 

16 establishment of native species in accordance 

17 with section 166.’’. 

18 (2) MODIFICATIONS TO SURFACE TRANSPOR19 TATION PROGRAM.—Section 133(b) of title 23, is 

20 amended by striking paragraph (14) and inserting 

21 the following: 

22 ‘‘(14) Environmental restoration and pollution 

23 abatement in accordance with section 165. 
217 

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1 ‘‘(15) Control of invasive plant species and es2 tablishment of native species in accordance with sec3 tion 166.’’. 

4 (b) ELIGIBLE ACTIVITIES.—Subchapter I of chapter 

5 1 of title 23, United States Code, is amended by adding 

6 at the end the following: 

7 ‘‘§ 165. Eligibility for environmental restoration and 

8 pollution abatement 

9 ‘‘(a) IN GENERAL.—Subject to subsection (b), envi10 ronmental restoration and pollution abatement to mini11 mize or mitigate the impacts of any transportation project 

12 funded under this title (including retrofitting and con13 struction of storm water treatment systems to meet Fed14 eral and State requirements under sections 401 and 402 

15 of the Federal Water Pollution Control Act (33 U.S.C. 

16 1341, 1342)) may be carried out to address water pollu17 tion or environmental degradation caused wholly or par18 tially by a transportation facility. 

19 ‘‘(b) MAXIMUM EXPENDITURE.—In a case in which 

20 a transportation facility is undergoing reconstruction, re21 habilitation, resurfacing, or restoration, the expenditure of 

22 funds under this section for environmental restoration or 

23 pollution abatement described in subsection (a) shall not 

24 exceed 20 percent of the total cost of the reconstruction, 

25 rehabilitation, resurfacing, or restoration of the facility. 
218 

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1 ‘‘§ 166. Control of invasive plant species and estab2 lishment of native species 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) INVASIVE PLANT SPECIES—The term 

5 ‘invasive plant species’ means a nonindigenous spe6 cies the introduction of which causes or is likely to 

7 cause economic or environmental harm or harm to 

8 human health. 

9 ‘‘(2) NATIVE PLANT SPECIES.—The term ‘na10 tive plant species’ means, with respect to a par11 ticular ecosystem, a species that, other than as re12 sult of an introduction, historically occurred or cur13 rently occurs in that ecosystem. 

14 ‘‘(b) CONTROL OF SPECIES.— 

15 ‘‘(1) IN GENERAL.—In accordance with all ap16 plicable Federal law (including regulations), funds 

17 made available to carry out this section may be used 

18 for— 

19 ‘‘(A) participation in the control of invasive 

20 plant species; and 

21 ‘‘(B) the establishment of native species; 

22 if such efforts are related to transportation projects 

23 funded under this title. 

24 ‘‘(2) INCLUDED ACTIVITIES.—The participation 

25 and establishment under paragraph (1) may in26 clude— 
219 

•S 732 PCS 

1 ‘‘(A) participation in statewide inventories 

2 of invasive plant species and desirable plant 

3 species; 

4 ‘‘(B) regional native plant habitat con5 servation and mitigation; 

6 ‘‘(C) native revegetation; 

7 ‘‘(D) elimination of invasive species to cre8 ate fuel breaks for the prevention and control of 

9 wildfires; and 

10 ‘‘(E) training. 

11 ‘‘(3) CONTRIBUTIONS.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), an activity described in paragraph 

14 (1) may be carried out concurrently with, in ad15 vance of, or following the construction of a 

16 project funded under this title. 

17 ‘‘(B) CONDITION FOR ACTIVITIES CON18 DUCTED IN ADVANCE OF PROJECT CONSTRUC19 TION.—An activity described in paragraph (1) 

20 may be carried out in advance of construction 

21 of a project only if the activity is carried out in 

22 accordance with all applicable requirements of 

23 Federal law (including regulations) and State 

24 transportation planning processes.’’. 
220 

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1 (c) CONFORMING AMENDMENT.—The analysis for 

2 subchapter I of chapter 1 of title 23, United States Code 

3 (as amended by section 1406(b)), is amended by adding 

4 at the end the following: 

‘‘165. Eligibility for environmental restoration and pollution abatement. 

‘‘166. Control of invasive plant species and establishment of native species.’’. 

5 SEC. 1602. NATIONAL SCENIC BYWAYS PROGRAM. 

6 (a) IN GENERAL.—Section 162 of title 23, United 

7 States Code, is amended— 

8 (1) in subsection (a)(1), by striking ‘‘the roads 

9 as’’ and all that follows and inserting ‘‘the roads 

10 as— 

11 ‘‘(A) National Scenic Byways; 

12 ‘‘(B) All-American Roads; or 

13 ‘‘(C) America’s Byways.’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (1)(A), by striking ‘‘des16 ignated as’’ and all that follows and inserting 

17 ‘‘designated as— 

18 ‘‘(i) National Scenic Byways; 

19 ‘‘(ii) All-American Roads; or 

20 ‘‘(iii) America’s Byways; and’’; 

21 (B) in paragraph (2)— 

22 (i) in subparagraph (A), by striking 

23 ‘‘Byway or All-American Road’’ and insert-
221 

•S 732 PCS 

1 ing ‘‘Byway, All-American Road, or 1 of 

2 America’s Byways’’; and 

3 (ii) in subparagraph (B), by striking 

4 ‘‘designation as a’’ and all that follows and 

5 inserting ‘‘designation as— 

6 ‘‘(i) a National Scenic Byway; 

7 ‘‘(ii) an All-American Road; or 

8 ‘‘(iii) 1 of America’s Byways; and’’; 

9 and 

10 (3) in subsection (c)(4), by striking ‘‘passing 

11 lane,’’. 

12 (b) RESEARCH, TECHNICAL ASSISTANCE, MAR13 KETING, AND PROMOTION.—Section 162 of title 23, 

14 United States Code, is amended— 

15 (1) by redesignating subsections (d), (e), and 

16 (f) as subsections (e), (f), and (g), respectively; 

17 (2) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) RESEARCH, TECHNICAL ASSISTANCE, MAR20 KETING, AND PROMOTION.— 

21 ‘‘(1) IN GENERAL.—The Secretary may carry 

22 out technical assistance, marketing, market re23 search, and promotion with respect to State Scenic 

24 Byways, National Scenic Byways, All-American 

25 Roads, and America’s Byways. 
222 

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1 ‘‘(2) COOPERATION, GRANTS, AND CON2 TRACTS.—The Secretary may make grants to, or 

3 enter into contracts, cooperative agreements, and 

4 other transactions with, any Federal agency, State 

5 agency, authority, association, institution, for-profit 

6 or nonprofit corporation, organization, or person, to 

7 carry out projects and activities under this sub8 section. 

9 ‘‘(3) FUNDS.—The Secretary may use not more 

10 than $1,786,164 for each fiscal year of funds made 

11 available for the National Scenic Byways Program 

12 to carry out projects and activities under this sub13 section. 

14 ‘‘(4) PRIORITY.—The Secretary shall give pri15 ority under this subsection to partnerships that le16 verage Federal funds for research, technical assist17 ance, marketing and promotion.’’; and 

18 (3) in subsection (g) (as redesignated by para19 graph (1)), by striking ‘‘80 percent’’ and inserting 

20 ‘‘the share applicable under section 120, as adjusted 

21 under subsection (d) of that section’’. 

22 SEC. 1603. RECREATIONAL TRAILS PROGRAM. 

23 (a) RECREATIONAL TRAILS PROGRAM FORMULA.— 

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

25 amended— 
223 

•S 732 PCS 

1 (1) by striking ‘‘Whenever’’ and inserting the 

2 following: 

3 ‘‘(A) IN GENERAL.—In any case in which’’; 

4 (2) by striking ‘‘research and technical assist5 ance under the recreational trails program and for 

6 administration of the National Recreational Trails 

7 Advisory Committee’’ and inserting ‘‘research, tech8 nical assistance, and training under the recreational 

9 trails program’’; and 

10 (3) by striking ‘‘The Secretary’’ and inserting 

11 the following: 

12 ‘‘(B) CONTRACTS AND AGREEMENTS.—The 

13 Secretary’’. 

14 (b) RECREATIONAL TRAILS PROGRAM ADMINISTRA15 TION.—Section 206 of title 23, United States Code, is 

16 amended— 

17 (1) in subsection (d)— 

18 (A) by striking paragraph (2) and insert19 ing the following: 

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

21 funds apportioned to a State for a fiscal year to 

22 carry out this section include— 

23 ‘‘(A) maintenance and restoration of rec24 reational trails; 
224 

•S 732 PCS 

1 ‘‘(B) development and rehabilitation of 

2 trailside and trailhead facilities and trail link3 ages for recreational trails; 

4 ‘‘(C) purchase and lease of recreational 

5 trail construction and maintenance equipment; 

6 ‘‘(D) construction of new recreational 

7 trails, except that, in the case of new rec8 reational trails crossing Federal land, construc9 tion of the trails shall be— 

10 ‘‘(i) permissible under other law; 

11 ‘‘(ii) necessary and recommended by a 

12 statewide comprehensive outdoor recreation 

13 plan that is— 

14 ‘‘(I) required under the Land 

15 and Water Conservation Fund Act of 

16 1965 (16 U.S.C. 460l–4 et seq.); and 

17 ‘‘(II) in effect; 

18 ‘‘(iii) approved by the administering 

19 agency of the State designated under sub20 section (c)(1)(A); and 

21 ‘‘(iv) approved by each Federal agency 

22 having jurisdiction over the affected land, 

23 under such terms and conditions as the 

24 head of the Federal agency determines to 

25 be appropriate, except that the approval 
225 

•S 732 PCS 

1 shall be contingent on compliance by the 

2 Federal agency with all applicable laws, in3 cluding— 

4 ‘‘(I) the National Environmental 

5 Policy Act of 1969 (42 U.S.C. 4321 

6 et seq.); 

7 ‘‘(II) the Forest and Rangeland 

8 Renewable Resources Planning Act of 

9 1974 (16 U.S.C. 1600 et seq.); and 

10 ‘‘(III) the Federal Land Policy 

11 and Management Act of 1976 (43 

12 U.S.C. 1701 et seq.); 

13 ‘‘(E) acquisition of easements and fee sim14 ple title to property for recreational trails or 

15 recreational trail corridors; 

16 ‘‘(F) assessment of trail conditions for ac17 cessibility and maintenance; 

18 ‘‘(G) use of trail crews, youth conservation 

19 or service corps, or other appropriate means to 

20 carry out activities under this section; 

21 ‘‘(H) development and dissemination of 

22 publications and operation of educational pro23 grams to promote safety and environmental 

24 protection, as those objectives relate to the use 

25 of recreational trails, supporting non-law en-
226 

•S 732 PCS 

1 forcement trail safety and trail use monitoring 

2 patrol programs, and providing trail-related 

3 training, but in an amount not to exceed 5 per4 cent of the apportionment made to the State for 

5 the fiscal year; and 

6 ‘‘(I) payment of costs to the State incurred 

7 in administering the program, but in an amount 

8 not to exceed 7 percent of the apportionment 

9 made to the State for the fiscal year to carry 

10 out this section.’’; and 

11 (B) in paragraph (3)— 

12 (i) in subparagraph (D), by striking 

13 ‘‘(2)(F)’’ and inserting ‘‘(2)(I)’’; and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(E) USE OF YOUTH CONSERVATION OR

17 SERVICE CORPS.—A State shall make available 

18 not less than 10 percent of the apportionments 

19 of the State to provide grants to, or to enter 

20 into cooperative agreements or contracts with, 

21 qualified youth conservation or service corps to 

22 perform recreational trails program activities.’’; 

23 (2) in subsection (f)— 

24 (A) in paragraph (1)— 
227 

•S 732 PCS 

1 (i) by inserting ‘‘and the Federal 

2 share of the administrative costs of a 

3 State’’ after ‘‘project’’; and 

4 (ii) by striking ‘‘not exceed 80 per5 cent’’ and inserting ‘‘be determined in ac6 cordance with section 120’’; 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A), by striking 

9 ‘‘80 percent of’’ and inserting ‘‘the amount 

10 determined in accordance with section 120 

11 for’’; and 

12 (ii) in subparagraph (B), by inserting 

13 ‘‘sponsoring the project’’ after ‘‘Federal 

14 agency’’; 

15 (C) by striking paragraph (5); 

16 (D) by redesignating paragraph (4) as 

17 paragraph (5); 

18 (E) by inserting after paragraph (3) the 

19 following: 

20 ‘‘(4) USE OF RECREATIONAL TRAILS PROGRAM

21 FUNDS TO MATCH OTHER FEDERAL PROGRAM

22 FUNDS.—Notwithstanding any other provision of 

23 law, funds made available under this section may be 

24 used to pay the non-Federal matching share for 

25 other Federal program funds that are— 
228 

•S 732 PCS 

1 ‘‘(A) expended in accordance with the re2 quirements of the Federal program relating to 

3 activities funded and populations served; and 

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

5 for assistance under this section.’’; and 

6 (F) in paragraph (5) (as redesignated by 

7 subparagraph (D)), by striking ‘‘80 percent’’ 

8 and inserting ‘‘the Federal share as determined 

9 in accordance with section 120’’; and 

10 (3) in subsection (h)— 

11 (A) in paragraph (1), by inserting after 

12 subparagraph (B) the following: 

13 ‘‘(C) PLANNING AND ENVIRONMENTAL AS14 SESSMENT COSTS INCURRED PRIOR TO PROJECT

15 APPROVAL.—A project funded under any of 

16 subparagraphs (A) through (H) of subsection 

17 (d)(2) may permit preapproval planning and en18 vironmental compliance costs incurred not more 

19 than 18 months before project approval to be 

20 credited toward the non-Federal share in ac21 cordance with subsection (f).’’; and 

22 (B) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) WAIVER OF HIGHWAY PROGRAM REQUIRE25 MENTS.—A project funded under this section— 
229 

•S 732 PCS 

1 ‘‘(A) is intended to enhance recreational 

2 opportunity; 

3 ‘‘(B) is not considered to be a highway 

4 project; and 

5 ‘‘(C) is not subject to— 

6 ‘‘(i) section 112, 114, 116, 134, 135, 

7 138, 217, or 301 of this title; or 

8 ‘‘(ii) section 303 of title 49.’’. 

9 SEC. 1604. EXEMPTION OF INTERSTATE SYSTEM. 

10 Subsection 103(c) of title 23, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the Interstate System shall 

15 not be considered to be a historic site under 

16 section 303 of title 49 or section 138 of this 

17 title, regardless of whether the Interstate Sys18 tem or portions of the Interstate System are 

19 listed on, or eligible for listing on, the National 

20 Register of Historic Places. 

21 ‘‘(B) INDIVIDUAL ELEMENTS.—A portion 

22 of the Interstate System that possesses an inde23 pendent feature of historic significance, such as 

24 a historic bridge or a highly significant engi25 neering feature, that would qualify independ-
230 

•S 732 PCS 

1 ently for listing on the National Register of 

2 Historic Places, shall be considered to be a his3 toric site under section 303 of title 49 or sec4 tion 138 of this title, as applicable.’’. 

5 SEC. 1605. STANDARDS. 

6 (a) IN GENERAL.—Section 109(a) of title 23, United 

7 States Code, is amended— 

8 (1) in paragraph (1), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (2), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

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

13 ‘‘(3) consider the preservation, historic, scenic, 

14 natural environmental, and community values.’’. 

15 (b) CONTEXT SENSITIVE DESIGN.—Section 109 of 

16 title 23, United States Code, is amended by striking sub17 section (p) and inserting the following: 

18 ‘‘(p) CONTEXT SENSITIVE DESIGN.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall encour20 age States to design projects funded under this title 

21 that— 

22 ‘‘(A) allow for the preservation of environ23 mental, scenic, or historic values; 

24 ‘‘(B) ensure the safe use of the facility; 
231 

•S 732 PCS 

1 ‘‘(C) provide for consideration of the con2 text of the locality; 

3 ‘‘(D) encourage access for other modes of 

4 transportation; and 

5 ‘‘(E) comply with subsection (a). 

6 ‘‘(2) APPROVAL BY SECRETARY.—Notwith7 standing subsections (b) and (c), the Secretary may 

8 approve a project described in paragraph (1) for the 

9 National Highway System if the project is designed 

10 to achieve the criteria specified in that paragraph.’’. 

11 SEC. 1606. USE OF HIGH OCCUPANCY VEHICLE LANES. 

12 Section 102 of title 23, United States Code, is 

13 amended by striking subsection (a) and inserting the fol14 lowing: 

15 ‘‘(a) HIGH OCCUPANCY VEHICLE LANE PASSENGER

16 REQUIREMENTS.— 

17 ‘‘(1) DEFINITIONS.—In this subsection: 

18 ‘‘(A) RESPONSIBLE AGENCY.—The term 

19 ‘responsible agency’ means— 

20 ‘‘(i) a State transportation depart21 ment; 

22 ‘‘(ii) a local agency in a State that is 

23 responsible for transportation matters; and 

24 ‘‘(iii) a public authority, or a public or 

25 private entity designated by a State, to col-
232 

•S 732 PCS 

1 lect a toll from motor vehicles at an eligible 

2 toll facility. 

3 ‘‘(B) SERIOUSLY DEGRADED.—The term 

4 ‘seriously degraded’, with respect to a high oc5 cupancy vehicle lane, means, in the case of a 

6 high occupancy vehicle lane, the minimum aver7 age operating speed, performance threshold, 

8 and associated time period of the high occu9 pancy vehicle lane, calculated and determined 

10 jointly by all applicable responsible agencies and 

11 based on conditions unique to the roadway, are 

12 unsatisfactory. 

13 ‘‘(2) REQUIREMENTS.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), for each State, 1 or more respon16 sible agencies shall establish the occupancy re17 quirements of vehicles operating on high occu18 pancy vehicle lanes. 

19 ‘‘(B) MINIMUM NUMBER OF OCCUPANTS.— 

20 Except as provided in paragraph (3), an occu21 pancy requirement established under subpara22 graph (A) shall— 

23 ‘‘(i) require at least 2 occupants per 

24 vehicle for a vehicle operating on a high 

25 occupancy vehicle lane; and 
233 

•S 732 PCS 

1 ‘‘(ii) in the case of a high occupancy 

2 vehicle lane that traverses an adjacent 

3 State, be established in consultation with 

4 the adjacent State. 

5 ‘‘(3) EXCEPTIONS TO HOV OCCUPANCY RE6 QUIREMENTS.— 

7 ‘‘(A) MOTORCYCLES.—For the purpose of 

8 this subsection, a motorcycle— 

9 ‘‘(i) shall not be considered to be a 

10 single occupant vehicle; and 

11 ‘‘(ii) shall be allowed to use a high oc12 cupancy vehicle lane unless a responsible 

13 agency— 

14 ‘‘(I) certifies to the Secretary the 

15 use of a high occupancy vehicle lane 

16 by a motorcycle would create a safety 

17 hazard; and 

18 ‘‘(II) restricts that the use of the 

19 high occupancy vehicle lane by motor20 cycles. 

21 ‘‘(B) LOW EMISSION AND ENERGY-EFFI22 CIENT VEHICLES.— 

23 ‘‘(i) DEFINITION OF LOW EMISSION

24 AND ENERGY-EFFICIENT VEHICLE.—In 

25 this subparagraph, the term ‘low emission 
234 

•S 732 PCS 

1 and energy-efficient vehicle’ means a vehi2 cle that has been certified by the Adminis3 trator of the Environmental Protection 

4 Agency— 

5 ‘‘(I)(aa) to have a 45-mile per 

6 gallon or greater fuel economy high7 way rating; or 

8 ‘‘(bb) to qualify as an alternative 

9 fueled vehicle under section 301 of the 

10 Energy Policy Act of 1992 (42 U.S.C. 

11 13211); and 

12 ‘‘(II) as meeting Tier II emission 

13 level established in regulations pro14 mulgated by the Administrator of the 

15 Environmental Protection Agency 

16 under section 202(i) of the Clean Air 

17 Act (42 U.S.C. 7521(i)) for that make 

18 and model year vehicle. 

19 ‘‘(ii) EXEMPTION FOR LOW EMISSION

20 AND ENERGY-EFFICIENT VEHICLES.—A re21 sponsible agency may permit qualifying low 

22 emission and energy-efficient vehicles that 

23 do not meet applicable occupancy require24 ments (as determined by the responsible 
235 

•S 732 PCS 

1 agency) to use high occupancy vehicle 

2 lanes if the responsible agency— 

3 ‘‘(I) establishes a program that 

4 addresses how those qualifying low 

5 emission and energy-efficient vehicles 

6 are selected and certified; 

7 ‘‘(II) establishes requirements for 

8 labeling qualifying low emission and 

9 energy-efficient vehicles (including 

10 procedures for enforcing those re11 quirements); 

12 ‘‘(III) continuously monitors, 

13 evaluates, and reports to the Sec14 retary on performance; and 

15 ‘‘(IV) imposes such restrictions 

16 on the use on high occupancy vehicle 

17 lanes by vehicles that do not satisfy 

18 established occupancy requirements as 

19 are necessary to ensure that the per20 formance of individual high occupancy 

21 vehicle lanes, and the entire high oc22 cupancy vehicle lane system, will not 

23 become seriously degraded. 

24 ‘‘(C) TOLLING OF VEHICLES.— 
236 

•S 732 PCS 

1 ‘‘(i) IN GENERAL.—A responsible 

2 agency may permit vehicles, in addition to 

3 the vehicles described in paragraphs (A), 

4 (B), and (D) that do not satisfy estab5 lished occupancy requirements, to use a 

6 high occupancy vehicle lane only if the re7 sponsible agency charges those vehicles a 

8 toll. 

9 ‘‘(ii) APPLICABLE AUTHORITY.—In 

10 imposing a toll under clause (i), a respon11 sible agency shall— 

12 ‘‘(I) be subject to section 129; 

13 ‘‘(II) establish a toll program 

14 that addresses ways in which motor15 ists may enroll and participate in the 

16 program; 

17 ‘‘(III) develop, manage, and 

18 maintain a system that will automati19 cally collect the tolls from covered ve20 hicles; 

21 ‘‘(IV) continuously monitor, 

22 evaluate, and report on performance 

23 of the system; 

24 ‘‘(V) establish such policies and 

25 procedures as are necessary— 
237 

•S 732 PCS 

1 ‘‘(aa) to vary the toll 

2 charged in order to manage the 

3 demand for use of high occu4 pancy vehicle lanes; and 

5 ‘‘(bb) to enforce violations; 

6 and 

7 ‘‘(VI) establish procedures to im8 pose such restrictions on the use of 

9 high occupancy vehicle lanes by vehi10 cles that do not satisfy established oc11 cupancy requirements as are nec12 essary to ensure that the performance 

13 of individual high occupancy vehicle 

14 lanes, and the entire high occupancy 

15 vehicle lane system, will not become 

16 seriously degraded. 

17 ‘‘(D) DESIGNATED PUBLIC TRANSPOR18 TATION VEHICLES.— 

19 ‘‘(i) DEFINITION OF DESIGNATED

20 PUBLIC TRANSPORTATION VEHICLE.—In 

21 this subparagraph, the term ‘designated 

22 public transportation vehicle’ means a vehi23 cle that— 

24 ‘‘(I) provides designated public 

25 transportation (as defined in section 
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1 221 of the Americans with Disabilities 

2 Act of 1990 (42 U.S.C. 12141)); and 

3 ‘‘(II)(aa) is owned or operated by 

4 a public entity; or 

5 ‘‘(bb) is operated under a con6 tract with a public entity. 

7 ‘‘(ii) USE OF HIGH OCCUPANCY VEHI8 CLE LANES.—A responsible agency may 

9 permit designated public transportation ve10 hicles that do not satisfy established occu11 pancy requirements to use high occupancy 

12 vehicle lanes if the responsible agency— 

13 ‘‘(I) requires the clear and identi14 fiable labeling of each designated pub15 lic transportation vehicle operating 

16 under a contract with a public entity 

17 with the name of the public entity on 

18 all sides of the vehicle; 

19 ‘‘(II) continuously monitors, eval20 uates, and reports on performance of 

21 those designated public transportation 

22 vehicles; and 

23 ‘‘(III) imposes such restrictions 

24 on the use of high occupancy vehicle 

25 lanes by designated public transpor-
239 

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1 tation vehicles as are necessary to en2 sure that the performance of indi3 vidual high occupancy vehicle lanes, 

4 and the entire high occupancy vehicle 

5 lane system, will not become seriously 

6 degraded. 

7 ‘‘(E) HOV LANE MANAGEMENT, OPER8 ATION, AND MONITORING.— 

9 ‘‘(i) IN GENERAL.—A responsible 

10 agency that permits any of the exceptions 

11 specified in this paragraph shall comply 

12 with clauses (ii) and (iii). 

13 ‘‘(ii) PERFORMANCE MONITORING, 

14 EVALUATION, AND REPORTING.—A respon15 sible agency described in clause (i) shall es16 tablish, manage, and support a perform17 ance monitoring, evaluation, and reporting 

18 program under which the responsible agen19 cy continuously monitors, assesses, and re20 ports on the effects that any vehicle per21 mitted to use a high occupancy vehicle lane 

22 under an exception under this paragraph 

23 may have on the operation of— 

24 ‘‘(I) individual high occupancy 

25 vehicle lanes; and 
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1 ‘‘(II) the entire high occupancy 

2 vehicle lane system. 

3 ‘‘(iii) OPERATION OF HOV LANE OR

4 SYSTEM.—A responsible agency described 

5 in clause (i) shall limit use of, or cease to 

6 use, any of the exceptions specified in this 

7 paragraph if the presence of any vehicle 

8 permitted to use a high occupancy vehicle 

9 lane under an exception under this para10 graph seriously degrades the operation 

11 of— 

12 ‘‘(I) individual high occupancy 

13 vehicle lanes; and 

14 ‘‘(II) the entire high occupancy 

15 vehicle lane system.’’. 

16 SEC. 1607. BICYCLE TRANSPORTATION AND PEDESTRIAN 

17 WALKWAYS. 

18 (a) IN GENERAL.—Section 217 of title 23, United 

19 States Code, is amended— 

20 (1) in subsection (a), by inserting ‘‘pedestrian 

21 and’’ after ‘‘safe’’; 

22 (2) in subsection (e), by striking ‘‘bicycles’’ 

23 each place it appears and inserting ‘‘pedestrians or 

24 bicyclists’’; 
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•S 732 PCS 

1 (3) by striking subsection (f) and inserting the 

2 following: 

3 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

4 construction of bicycle transportation facilities and pedes5 trian walkways, and for carrying out nonconstruction 

6 projects relating to safe pedestrian and bicycle use, shall 

7 be determined in accordance with section 120(b).’’; 

8 (4) by redesignating subsection (j) as sub9 section (k); 

10 (5) by inserting after subsection (i) the fol11 lowing: 

12 ‘‘(j) BICYCLE AND PEDESTRIAN SAFETY GRANTS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall select 

14 and make grants to a national, nonprofit organiza15 tion engaged in promoting bicycle and pedestrian 

16 safety— 

17 ‘‘(A) to operate a national bicycle and pe18 destrian clearinghouse; 

19 ‘‘(B) to develop information and edu20 cational programs regarding walking and bicy21 cling; and 

22 ‘‘(C) to disseminate techniques and strate23 gies for improving bicycle and pedestrian safety. 
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1 ‘‘(2) FUNDING.—The Secretary may use funds 

2 set aside under section 104(n) to carry out this sub3 section. 

4 ‘‘(3) APPLICABILITY OF TITLE 23.—Funds au5 thorized to be appropriated to carry out this sub6 section shall be available for obligation in the same 

7 manner as if the funds were apportioned under sec8 tion 104, except that the funds shall remain avail9 able until expended.’’; and 

10 (6) in subsection (k) (as redesignated by para11 graph (4))— 

12 (A) by redesignating paragraph (4) as 

13 paragraph (5); and 

14 (B) by inserting after paragraph (3) the 

15 following: 

16 ‘‘(4) SHARED USE PATH.—The term ‘shared 

17 use path’ means a multiuse trail or other path that 

18 is— 

19 ‘‘(A) physically separated from motorized 

20 vehicular traffic by an open space or barrier, ei21 ther within a highway right-of-way or within an 

22 independent right-of-way; and 

23 ‘‘(B) usable for transportation purposes 

24 (including by pedestrians, bicyclists, skaters, 

25 equestrians, and other nonmotorized users).’’. 
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•S 732 PCS 

1 (b) RESERVATION OF FUNDS.—Section 104 of title 

2 23, United States Code (as amended by section 1522), is 

3 amended by adding at the end the following: 

4 ‘‘(n) BICYCLE AND PEDESTRIAN SAFETY GRANTS.— 

5 On October 1 of each of fiscal years 2005 through 2009, 

6 the Secretary, after making the deductions authorized by 

7 subsections (a) and (f), shall set aside $446,541 of the 

8 remaining funds apportioned under subsection (b)(3) for 

9 use in carrying out the bicycle and pedestrian safety grant 

10 program under section 217.’’. 

11 SEC. 1608. IDLING REDUCTION FACILITIES IN INTERSTATE 

12 RIGHTS-OF-WAY. 

13 Section 111 of title 23, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(d) IDLING REDUCTION FACILITIES IN INTERSTATE

16 RIGHTS-OF-WAY.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

18 (a), a State may— 

19 ‘‘(A) permit electrification or other idling 

20 reduction facilities and equipment, for use by 

21 motor vehicles used for commercial purposes, to 

22 be placed in rest and recreation areas, and in 

23 safety rest areas, constructed or located on 

24 rights-of-way of the Interstate System in the 
244 

•S 732 PCS 

1 State, so long as those idling reduction meas2 ures do not— 

3 ‘‘(i) reduce the existing number of 

4 designated truck parking spaces at any 

5 given rest or recreation area; or 

6 ‘‘(ii) preclude the use of those spaces 

7 by trucks employing alternative idle reduc8 tion technologies; and 

9 ‘‘(B) charge a fee, or permit the charging 

10 of a fee, for the use of those parking spaces ac11 tively providing power to a truck to reduce 

12 idling. 

13 ‘‘(2) PURPOSE.—The exclusive purpose of the 

14 facilities described in paragraph (1) (or similar tech15 nologies) shall be to enable operators of motor vehi16 cles used for commercial purposes— 

17 ‘‘(A) to reduce idling of a truck while 

18 parked in the rest or recreation area; and 

19 ‘‘(B) to use installed or other equipment 

20 specifically designed to reduce idling of a truck, 

21 or provide alternative power for supporting 

22 driver comfort, while parked.’’. 

23 SEC. 1609. TOLL PROGRAMS. 

24 (a) INTERSTATE SYSTEM RECONSTRUCTION AND RE25 HABILITATION PILOT PROGRAM.—Section 1216(b) of the 
245 

•S 732 PCS 

1 Transportation Equity Act for the 21st Century (23 

2 U.S.C. 129 note; 112 Stat. 212)— 

3 (1) is amended— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘The Secretary’’ and 

6 inserting ‘‘Notwithstanding section 301, 

7 the Secretary’’; and 

8 (ii) by striking ‘‘that could not other9 wise be adequately maintained or function10 ally improved without the collection of 

11 tolls’’; 

12 (B) in paragraph (2), by inserting after 

13 the first sentence the following: ‘‘One such fa14 cility shall be located in Virginia.’’; 

15 (C) in paragraph (3), by striking subpara16 graph (C) and inserting the following: 

17 ‘‘(C) An analysis demonstrating that fi18 nancing the reconstruction or rehabilitation of 

19 the facility with the collection of tolls under this 

20 pilot program is the most efficient, economical, 

21 or expeditious way to advance the project.’’; and 

22 (D) in paragraph (4)— 

23 (i) by striking subparagraph (A) and 

24 inserting the following: 
246 

•S 732 PCS 

1 ‘‘(A) the State’s analysis showing that fi2 nancing the reconstruction or rehabilitation of a 

3 facility with the collection of tolls under the 

4 pilot program is the most efficient, economical, 

5 or expeditious way to advance the project;’’; 

6 (ii) by striking subparagraph (B) and 

7 inserting the following: 

8 ‘‘(B) the facility needs reconstruction or 

9 rehabilitation, including major work that may 

10 require replacing sections of the existing facility 

11 on new alignment;’’; 

12 (iii) by striking subparagraph (C); 

13 and 

14 (iv) by redesignating subparagraphs 

15 (D) and (E) as subparagraphs (C) and 

16 (D), respectively; 

17 (2) is redesignated as subsection (d) of section 

18 129 of title 23, United States Code, and moved to 

19 appear at the end of that section; and 

20 (3) by striking ‘‘of title 23, United States 

21 Code’’ each place it appears. 

22 (b) FAST AND SENSIBLE TOLL (FAST) LANES PRO23 GRAM.—Section 129 of title 23, United States Code (as 

24 amended by subsection (a)(2)), is amended by adding at 

25 the end the following: 
247 

•S 732 PCS 

1 ‘‘(e) FAST AND SENSIBLE TOLL (FAST) LANES PRO2 GRAM.— 

3 ‘‘(1) DEFINITIONS.—In this subsection: 

4 ‘‘(A) ELIGIBLE TOLL FACILITY.—The term 

5 ‘eligible toll facility’ includes— 

6 ‘‘(i) a facility in existence on the date 

7 of enactment of this subsection that col8 lects tolls; 

9 ‘‘(ii) a facility in existence on the date 

10 of enactment of this subsection that serves 

11 high occupancy vehicles; 

12 ‘‘(iii) a facility modified or con13 structed after the date of enactment of this 

14 subsection to create additional tolled ca15 pacity (including a facility constructed by a 

16 private entity or using private funds); and 

17 ‘‘(iv) in the case of a new lane added 

18 to a previously non-tolled facility, only the 

19 new lane. 

20 ‘‘(B) NONATTAINMENT AREA.—The term 

21 ‘nonattainment area’ has the meaning given the 

22 term in section 171 of the Clean Air Act (42 

23 U.S.C. 7501). 

24 ‘‘(2) ESTABLISHMENT.—Notwithstanding sec25 tions 129 and 301, the Secretary shall permit a 
248 

•S 732 PCS 

1 State, public authority, or a public or private entity 

2 designated by a State, to collect a toll from motor 

3 vehicles at an eligible toll facility for any highway, 

4 bridge, or tunnel, including facilities on the Inter5 state System— 

6 ‘‘(A) to manage high levels of congestion; 

7 ‘‘(B) to reduce emissions in a nonattain8 ment area or maintenance area; or 

9 ‘‘(C) to finance the expansion of a high10 way, for the purpose of reducing traffic conges11 tion, by constructing 1 or more additional lanes 

12 (including bridge, tunnel, support, and other 

13 structures necessary for that construction) on 

14 the Interstate System. 

15 ‘‘(3) LIMITATION ON USE OF REVENUES.— 

16 ‘‘(A) USE.— 

17 ‘‘(i) IN GENERAL.—Toll revenues re18 ceived under paragraph (2) shall be used 

19 by a State, public authority, or private en20 tity designated by a State, for— 

21 ‘‘(I) debt service for debt in22 curred on 1 or more highway or tran23 sit projects carried out under this title 

24 or title 49; 
249 

•S 732 PCS 

1 ‘‘(II) a reasonable return on in2 vestment of any private financing; 

3 ‘‘(III) the costs necessary for 

4 proper operation and maintenance of 

5 any facilities under paragraph (2) (in6 cluding reconstruction, resurfacing, 

7 restoration, and rehabilitation); or 

8 ‘‘(IV) if the State, public author9 ity, or private entity annually certifies 

10 that the tolled facility is being ade11 quately operated and maintained, any 

12 other purpose relating to a highway or 

13 transit project carried out under this 

14 title or title 49. 

15 ‘‘(B) REQUIREMENTS.— 

16 ‘‘(i) VARIABLE PRICE REQUIRE17 MENT.—A facility that charges tolls under 

18 this subsection may establish a toll that 

19 varies in price according to time of day or 

20 level of traffic, as appropriate to manage 

21 congestion or improve air quality. 

22 ‘‘(ii) HOV VARIABLE PRICING RE23 QUIREMENT.—The Secretary shall require, 

24 for each high occupancy vehicle facility 

25 that charges tolls under this subsection, 
250 

•S 732 PCS 

1 that the tolls vary in price according to 

2 time of day or level of traffic, as appro3 priate to manage congestion or improve air 

4 quality. 

5 ‘‘(iii) HOV PASSENGER REQUIRE6 MENTS.—In addition to the exceptions to 

7 the high occupancy vehicle passenger re8 quirements established under section 

9 102(a)(2), a State may permit motor vehi10 cles with fewer than 2 occupants to oper11 ate in high occupancy vehicle lanes as part 

12 of a variable toll pricing program estab13 lished under this subsection. 

14 ‘‘(C) AGREEMENT.— 

15 ‘‘(i) IN GENERAL.—Before the Sec16 retary may permit a facility to charge tolls 

17 under this subsection, the Secretary and 

18 the applicable State, public authority, or 

19 private entity designated by a State shall 

20 enter into an agreement for each facility 

21 incorporating the conditions described in 

22 subparagraphs (A) and (B). 

23 ‘‘(ii) TERMINATION.—An agreement 

24 under clause (i) shall terminate with re25 spect to a facility upon the decision of the 
251 

•S 732 PCS 

1 State, public authority, or private entity 

2 designated by a State to discontinue the 

3 variable tolling program under this sub4 section for the facility. 

5 ‘‘(iii) DEBT.— 

6 ‘‘(I) IN GENERAL.—If there is 

7 any debt outstanding on a facility at 

8 the time at which the decision is made 

9 to discontinue the program under this 

10 subsection with respect to the facility, 

11 the facility may continue to charge 

12 tolls in accordance with the terms of 

13 the agreement until such time as the 

14 debt is retired. 

15 ‘‘(II) NOTICE.—On retirement of 

16 the debt of a tolled facility, the appli17 cable State, public authority, or pri18 vate entity designated by a State shall 

19 provide notice to the public of that re20 tirement. 

21 ‘‘(D) LIMITATION ON FEDERAL SHARE.— 

22 The Federal share of the cost of a project on 

23 a facility tolled under this subsection, including 

24 a project to install the toll collection facility 
252 

•S 732 PCS 

1 shall be a percentage, not to exceed 80 percent, 

2 determined by the applicable State. 

3 ‘‘(4) ELIGIBILITY.—To be eligible to participate 

4 in the program under this subsection, a State, public 

5 authority, or private entity designated by a State 

6 shall provide to the Secretary— 

7 ‘‘(A) a description of the congestion or air 

8 quality problems sought to be addressed under 

9 the program; 

10 ‘‘(B) a description of— 

11 ‘‘(i) the goals sought to be achieved 

12 under the program; and 

13 ‘‘(ii) the performance measures that 

14 would be used to gauge the success made 

15 toward reaching those goals; and 

16 ‘‘(C) such other information as the Sec17 retary may require. 

18 ‘‘(5) AUTOMATION.—Fees collected from motor19 ists using a FAST lane shall be collected only 

20 through the use of noncash electronic technology 

21 that optimizes the free flow of traffic on the tolled 

22 facility. 

23 ‘‘(6) INTEROPERABILITY.— 

24 ‘‘(A) RULE.— 
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•S 732 PCS 

1 ‘‘(i) IN GENERAL.—Not later than 

2 180 days after the date of enactment of 

3 this paragraph, the Secretary shall promul4 gate a final rule specifying requirements, 

5 standards, or performance specifications 

6 for automated toll collection systems imple7 mented under this section. 

8 ‘‘(ii) DEVELOPMENT.—In developing 

9 that rule, which shall be designed to maxi10 mize the interoperability of electronic col11 lection systems, the Secretary shall, to the 

12 maximum extent practicable— 

13 ‘‘(I) seek to accelerate progress 

14 toward the national goal of achieving 

15 a nationwide interoperable electronic 

16 toll collection system; 

17 ‘‘(II) take into account the use of 

18 noncash electronic technology cur19 rently deployed within an appropriate 

20 geographical area of travel and the 

21 noncash electronic technology likely to 

22 be in use within the next 5 years; and 

23 ‘‘(III) seek to minimize addi24 tional costs and maximize convenience 
254 

•S 732 PCS 

1 to users of toll facility and to the toll 

2 facility owner or operator. 

3 ‘‘(B) FUTURE MODIFICATIONS.—As the 

4 state of technology progresses, the Secretary 

5 shall modify the rule promulgated under sub6 paragraph (A), as appropriate. 

7 ‘‘(7) REPORTING.— 

8 ‘‘(A) IN GENERAL.—The Secretary, in co9 operation with State and local agencies and 

10 other program participants and with oppor11 tunity for public comment, shall— 

12 ‘‘(i) develop and publish performance 

13 goals for each FAST lane project; 

14 ‘‘(ii) establish a program for regular 

15 monitoring and reporting on the achieve16 ment of performance goals, including— 

17 ‘‘(I) effects on travel, traffic, and 

18 air quality; 

19 ‘‘(II) distribution of benefits and 

20 burdens; 

21 ‘‘(III) use of alternative transpor22 tation modes; and 

23 ‘‘(IV) use of revenues to meet 

24 transportation or impact mitigation 

25 needs. 
255 

•S 732 PCS 

1 ‘‘(B) REPORTS TO CONGRESS.—The Sec2 retary shall submit to the Committee on Envi3 ronment and Public Works of the Senate and 

4 the Committee on Transportation and Infra5 structure of the House of Representatives— 

6 ‘‘(i) not later than 1 year after the 

7 date of enactment of this subsection, and 

8 annually thereafter, a report that describes 

9 in detail the uses of funds under this sub10 section in accordance with paragraph 

11 (8)(D); and 

12 ‘‘(ii) not later than 3 years after the 

13 date of enactment of this subsection, and 

14 every 3 years thereafter, a report that de15 scribes any success of the program under 

16 this subsection in meeting congestion re17 duction and other performance goals estab18 lished for FAST lane programs. 

19 ‘‘(8) FUNDING.— 

20 ‘‘(A) AUTHORIZATION OF APPROPRIA21 TIONS.—There is authorized to be appropriated 

22 from the Highway Trust Fund (other than the 

23 Mass Transit Account) to carry out pre-imple24 mentation studies and post-implementation 

25 evaluations of projects planned or implemented 
256 

•S 732 PCS 

1 under this subsection $9,823,899 for each of 

2 fiscal years 2005 through 2009. 

3 ‘‘(B) AVAILABILITY.—Funds allocated by 

4 the Secretary to a State under this subsection 

5 shall remain available for obligation by the 

6 State for a period of 3 years after the last day 

7 of the fiscal year for which the funds were au8 thorized. 

9 ‘‘(C) CONTRACT AUTHORITY.—Funds au10 thorized to be appropriated under this para11 graph shall be available for obligation in the 

12 same manner as if the funds were apportioned 

13 under this chapter, except that the Federal 

14 share of the cost of any project carried out 

15 under this subsection and the availability of 

16 funds authorized by this paragraph shall be de17 termined in accordance with this subsection. 

18 ‘‘(D) PROGRAM PROMOTION.—Notwith19 standing any other provision of this section, the 

20 Secretary shall use an amount not to exceed 2 

21 percent of the funds made available under sub22 paragraph (A)— 

23 ‘‘(i) to make grants to promote the 

24 purposes of the program under this sub25 section; 
257 

•S 732 PCS 

1 ‘‘(ii) to provide technical support to 

2 State and local governments or other pub3 lic or private entities involved in imple4 menting or considering FAST lane pro5 grams; and 

6 ‘‘(iii) to conduct research on variable 

7 pricing that will support State or local ef8 forts to initiate those pricing requirements. 

9 ‘‘(E) EFFECT ON OTHER APPORTION10 MENTS AND ALLOCATIONS.—Revenues collected 

11 from tolls established under this subsection 

12 shall not be taken into account in determining 

13 the apportionments and allocations that any 

14 State or transportation district within a State 

15 shall be entitled to receive under or in accord16 ance with this chapter. 

17 ‘‘(9) COMPLIANCE.—The Secretary shall ensure 

18 that any project or activity carried out under this 

19 section complies with requirements under section 

20 106 of this title and section 307 of title 49. 

21 ‘‘(10) VOLUNTARY USE.—Nothing in this sub22 section requires any highway user to use a FAST 

23 lane. 

24 ‘‘(11) ENVIRONMENTAL REQUIREMENTS.— 

25 Nothing in this subsection affects any environmental 
258 

•S 732 PCS 

1 requirement applicable to the construction or oper2 ation of an eligible toll facility under this title or any 

3 other provision of law.’’. 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) IN GENERAL.—Section 1012 of the Inter6 modal Surface Transportation Efficiency Act (23 

7 U.S.C. 149 note; 105 Stat. 1938; 112 Stat. 211) is 

8 amended by striking subsection (b). 

9 (2) CONTINUATION OF PROGRAM.—Notwith10 standing the amendment made by paragraph (1), 

11 the Secretary shall monitor and allow any value pric12 ing program established under a cooperative agree13 ment in effect on the day before the date of enact14 ment of this Act to continue. 

15 SEC. 1610. FEDERAL REFERENCE METHOD. 

16 (a) IN GENERAL.—Section 6102 of the Transpor17 tation Equity Act for the 21st Century (42 U.S.C. 7407 

18 note; 112 Stat. 464) is amended by striking subsection 

19 (e) and inserting the following: 

20 ‘‘(e) FIELD STUDY.—Not later than 2 years after the 

21 date of enactment of the Safe, Accountable, Flexible, and 

22 Efficient Transportation Equity Act of 2005, the Adminis23 trator shall— 

24 ‘‘(1) conduct a field study of the ability of the 

25 PM2.5 Federal Reference Method to differentiate 
259 

•S 732 PCS 

1 those particles that are larger than 2.5 micrometers 

2 in diameter; 

3 ‘‘(2) develop a Federal reference method to 

4 measure directly particles that are larger than 2.5 

5 micrometers in diameter without reliance on sub6 tracting from coarse particle measurements those 

7 particles that are equal to or smaller than 2.5 mi8 crometers in diameter; 

9 ‘‘(3) develop a method of measuring the com10 position of coarse particles; and 

11 ‘‘(4) submit a report on the study and respon12 sibilities of the Administrator under paragraphs (1) 

13 through (3) to— 

14 ‘‘(A) the Committee on Commerce of the 

15 House of Representatives; and 

16 ‘‘(B) the Committee on Environment and 

17 Public Works of the Senate.’’. 

18 SEC. 1611. ADDITION OF PARTICULATE MATTER AREAS TO 

19 CMAQ. 

20 Section 104(b)(2) of title 23, United States Code, is 

21 amended— 

22 (1) in subparagraph (B)— 

23 (A) in the matter preceding clause (i), by 

24 striking ‘‘ozone or carbon monoxide’’ and in-
260 

•S 732 PCS 

1 serting ‘‘ozone, carbon monoxide, or fine partic2 ulate matter (PM2.5)’’; 

3 (B) by striking clause (i) and inserting the 

4 following: 

5 ‘‘(i) 1.0, if at the time of apportion6 ment, the area is a maintenance area;’’; 

7 (C) in clause (vi), by striking ‘‘or’’ after 

8 the semicolon; and 

9 (D) in clause (vii)— 

10 (i) by striking ‘‘area as described in 

11 section 149(b) for ozone,’’ and inserting 

12 ‘‘area for ozone (as described in section 

13 149(b) or for PM–2.5’’; and 

14 (ii) by striking the period at the end 

15 and inserting a semicolon; 

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

17 ‘‘(viii) 1.0 if, at the time of apportion18 ment, any county that is not designated as 

19 a nonattainment or maintenance area 

20 under the 1-hour ozone standard is des21 ignated as nonattainment under the 8-hour 

22 ozone standard; or 

23 ‘‘(ix) 1.2 if, at the time of apportion24 ment, the area is not a nonattainment or 

25 maintenance area as described in section 
261 

•S 732 PCS 

1 149(b) for ozone or carbon monoxide, but 

2 is an area designated nonattainment under 

3 the PM–2.5 standard.’’; 

4 (3) by striking subparagraph (C) and inserting 

5 the following: 

6 ‘‘(C) ADDITIONAL ADJUSTMENT FOR CAR7 BON MONOXIDE AREAS.—If, in addition to 

8 being designated as a nonattainment or mainte9 nance area for ozone as described in section 

10 149(b), any county within the area was also 

11 classified under subpart 3 of part D of title I 

12 of the Clean Air Act (42 U.S.C. 7512 et seq.) 

13 as a nonattainment or maintenance area de14 scribed in section 149(b) for carbon monoxide, 

15 the weighted nonattainment or maintenance 

16 area population of the county, as determined 

17 under clauses (i) through (vi) or clause (viii) of 

18 subparagraph (B), shall be further multiplied 

19 by a factor of 1.2.’’; 

20 (4) by redesignating subparagraph (D) and (E) 

21 as subparagraphs (E) and (F) respectively; and 

22 (5) by inserting after subparagraph (C) the fol23 lowing: 

24 ‘‘(D) ADDITIONAL ADJUSTMENT FOR PM

25 2.5 AREAS.—If, in addition to being designated 
262 

•S 732 PCS 

1 as a nonattainment or maintenance area for 

2 ozone or carbon monoxide, or both as described 

3 in section 149(b), any county within the area 

4 was also designated under the PM–2.5 standard 

5 as a nonattainment or maintenance area, the 

6 weighted nonattainment or maintenance area 

7 population of those counties shall be further 

8 multiplied by a factor of 1.2.’’. 

9 SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS. 

10 (a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, 

11 United States Code, is amended— 

12 (1) in paragraph (4), by striking ‘‘or’’ at the 

13 end; 

14 (2) in paragraph (5), by striking the period at 

15 the end and inserting a semicolon; and 

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

17 ‘‘(6) if the project or program is for the pur18 chase of alternative fuel (as defined in section 301 

19 of the Energy Policy Act of 1992 (42 U.S.C. 

20 13211)) or biodiesel; or 

21 ‘‘(7) if the project or program involves the pur22 chase of integrated, interoperable emergency com23 munications equipment.’’. 
263 

•S 732 PCS 

1 (b) STATES RECEIVING MINIMUM APPORTION2 MENT.—Section 149(c) of title 23, United States Code, 

3 is amended— 

4 (1) in paragraph (1), by striking ‘‘for any 

5 project eligible under the surface transportation pro6 gram under section 133.’’ and inserting the fol7 lowing: ‘‘for any project in the State that— 

8 ‘‘(A) would otherwise be eligible under this 

9 section as if the project were carried out in a 

10 nonattainment or maintenance area; or 

11 ‘‘(B) is eligible under the surface transpor12 tation program under section 133.’’; and 

13 (2) in paragraph (2), by striking ‘‘for any 

14 project in the State eligible under section 133.’’ and 

15 inserting the following: ‘‘for any project in the State 

16 that— 

17 ‘‘(A) would otherwise be eligible under this 

18 section as if the project were carried out in a 

19 nonattainment or maintenance area; or 

20 ‘‘(B) is eligible under the surface transpor21 tation program under section 133.’’. 

22 (c) RESPONSIBILITY OF STATES.— 

23 (1) IN GENERAL.—Each State shall be respon24 sible for ensuring that subrecipients of Federal 

25 funds within the State under section 149 of title 23, 
264 

•S 732 PCS 

1 United States Code, have emission reduction strate2 gies for fleets that are— 

3 (A) used in construction projects located in 

4 nonattainment and maintenance areas; and 

5 (B) funded under title 23, United States 

6 Code. 

7 (2) EMISSION REDUCTION STRATEGIES.—The 

8 Administrator of the Environmental Protection 

9 Agency, in consultation with the Secretary, shall de10 velop a nonbinding list of emission reduction strate11 gies and supporting technical information for each 

12 strategy, including— 

13 (A) contract preferences; 

14 (B) requirements for the use of anti-idling 

15 equipment; 

16 (C) diesel retrofits; and 

17 (D) such other matters as the Adminis18 trator of the Environmental Protection Agency, 

19 in consultation with the Secretary, determine to 

20 be appropriate. 

21 (3) USE OF CMAQ FUNDS.—A State may use 

22 funds made available under this title and title 23, 

23 United States Code, for the congestion mitigation 

24 and air quality program under section 149 of title 

25 23, United States Code, to ensure the deployment of 
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1 the emission reduction strategies described in para2 graph (1). 

3 SEC. 1613. IMPROVED INTERAGENCY CONSULTATION. 

4 Section 149 of title 23, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(g) INTERAGENCY CONSULTATION.—The Secretary 

7 shall encourage States and metropolitan planning organi8 zations to consult with State and local air quality agencies 

9 in nonattainment and maintenance areas on the estimated 

10 emission reductions from proposed congestion mitigation 

11 and air quality improvement programs and projects.’’. 

12 SEC. 1614. EVALUATION AND ASSESSMENT OF CMAQ 

13 PROJECTS. 

14 Section 149 of title 23, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(h) EVALUATION AND ASSESSMENT OF

17 PROJECTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary, in consulta19 tion with the Administrator of the Environmental 

20 Protection Agency, shall evaluate and assess a rep21 resentative sample of projects funded under the con22 gestion mitigation and air quality program to— 

23 ‘‘(A) determine the direct and indirect im24 pact of the projects on air quality and conges25 tion levels; and 
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1 ‘‘(B) ensure the effective implementation 

2 of the program. 

3 ‘‘(2) DATABASE.—Using appropriate assess4 ments of projects funded under the congestion miti5 gation and air quality program and results from 

6 other research, the Secretary shall maintain and dis7 seminate a cumulative database describing the im8 pacts of the projects. 

9 ‘‘(3) CONSIDERATION.—The Secretary, in con10 sultation with the Administrator of the Environ11 mental Protection Agency, shall consider the rec12 ommendations and findings of the report submitted 

13 to Congress under section 1110(e) of the Transpor14 tation Equity Act for the 21st Century (112 Stat. 

15 144), including recommendations and findings that 

16 would improve the operation and evaluation of the 

17 congestion mitigation and air quality improvement 

18 program under section 149.’’. 

19 SEC. 1615. SYNCHRONIZED PLANNING AND CONFORMITY 

20 TIMELINES, REQUIREMENTS, AND HORIZON. 

21 (a) METROPOLITAN PLANNING.— 

22 (1) DEVELOPMENT OF LONG-RANGE TRANSPOR23 TATION PLAN.—Section 134(g)(1) of title 23, United 

24 States Code, is amended by striking ‘‘periodically, 

25 according to a schedule that the Secretary deter-
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1 mines to be appropriate,’’ and inserting ‘‘every 4 

2 years (or more frequently, in a case in which the 

3 metropolitan planning organization elects to update 

4 a transportation plan more frequently) in areas des5 ignated as nonattainment, as defined in section 

6 107(d) of the Clean Air Act (42 U.S.C. 7407(d)), 

7 and in areas that were nonattainment that have 

8 been redesignated to attainment in accordance with 

9 section 107(d)(3) of that Act (42 U.S.C. 

10 7407(d)(3)), with a maintenance plan under section 

11 175A of that Act (42 U.S.C. 7505a), or every 5 

12 years (or more frequently, in a case in which the 

13 metropolitan planning organization elects to update 

14 a transportation plan more frequently) in areas des15 ignated as attainment (as defined in section 107(d) 

16 of that Act (42 U.S.C. 7407(d))),’’. 

17 (2) METROPOLITAN TRANSPORTATION IM18 PROVEMENT PROGRAM.—Section 134(h) of title 23, 

19 United States Code, is amended— 

20 (A) in paragraph (1)(D), by striking ‘‘2 

21 years’’ and inserting ‘‘4 years’’; and 

22 (B) in paragraph (2)(A), by striking ‘‘3- 

23 year’’ and inserting ‘‘4-year’’. 

24 (3) STATEWIDE TRANSPORTATION IMPROVE25 MENT PROGRAM.—Section 135(f)(1)(A) of title 23, 
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1 United States Code, is amended by inserting after 

2 ‘‘program’’ the following: ‘‘(which program shall 

3 cover a period of 4 years and be updated every 4 

4 years)’’. 

5 (4) FINAL REGULATIONS.—Not later than 18 

6 months after the date of enactment of the Safe, Ac7 countable, Flexible, and Efficient Transportation 

8 Equity Act of 2005, the Secretary shall promulgate 

9 regulations that are consistent with the amendments 

10 made by this subsection. 

11 (b) SYNCHRONIZED CONFORMITY DETERMINA12 TION.—Section 176(c) of the Clean Air Act (42 U.S.C. 

13 7506(c)) is amended— 

14 (1) in paragraph (2)— 

15 (A) by striking ‘‘(2) Any transportation 

16 plan’’ and inserting the following: 

17 ‘‘(2) TRANSPORTATION PLANS AND PRO18 GRAMS.—Any transportation plan’’; 

19 (B) in subparagraph (C)(iii), by striking 

20 the period at the end and inserting a semicolon; 

21 (C) in subparagraph (D)— 

22 (i) by striking ‘‘Any project’’ and in23 serting ‘‘any transportation project’’; and 

24 (ii) by striking the period at the end 

25 and inserting ‘‘; and’’; and 
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1 (D) by adding at the end the following: 

2 ‘‘(E) the appropriate metropolitan plan3 ning organization shall redetermine conformity 

4 of existing transportation plans and programs 

5 not later than 2 years after the date on which 

6 the Administrator— 

7 ‘‘(i) finds a motor vehicle emissions 

8 budget to be adequate in accordance with 

9 section 93.118(e)(4) of title 40, Code of 

10 Federal Regulations (as in effect on Octo11 ber 1, 2003); 

12 ‘‘(ii) approves an implementation plan 

13 that establishes a motor vehicle emissions 

14 budget, if that budget has not yet been 

15 used in a conformity determination prior 

16 to approval; or 

17 ‘‘(iii) promulgates an implementation 

18 plan that establishes or revises a motor ve19 hicle emissions budget.’’; 

20 (2) in paragraph (4)(B)(ii), by striking ‘‘but in 

21 no case shall such determinations for transportation 

22 plans and programs be less frequent than every 3 

23 years; and’’ and inserting ‘‘but the frequency for 

24 making conformity determinations on updated trans-
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1 portation plans and programs shall be every 4 years, 

2 except in a case in which— 

3 ‘‘(I) the metropolitan planning 

4 organization elects to update a trans5 portation plan or program more fre6 quently; or 

7 ‘‘(II) the metropolitan planning 

8 organization is required to determine 

9 conformity in accordance with para10 graph (2)(E); and’’; 

11 (3) in paragraph (4)(B)— 

12 (A) in clause (ii), by striking ‘‘and’’ at the 

13 end; 

14 (B) in clause (iii), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

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

17 ‘‘(iv) address the effects of the most 

18 recent population, economic, employment, 

19 travel, transit ridership, congestion, and 

20 induced travel demand information in the 

21 development and application of the latest 

22 travel and emissions models.’’; and 

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

24 ‘‘(7) CONFORMITY HORIZON FOR TRANSPOR25 TATION PLANS.— 
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1 ‘‘(A) IN GENERAL.—For the purposes of 

2 this section, a transportation plan in a non3 attainment or maintenance area shall be consid4 ered to be a transportation plan or a portion of 

5 a transportation plan that extends for the long6 est of the following periods: 

7 ‘‘(i) The first 10-year period of any 

8 such transportation plan. 

9 ‘‘(ii) The latest year in the implemen10 tation plan applicable to the area that con11 tains a motor vehicle emission budget. 

12 ‘‘(iii) The year after the completion 

13 date of a regionally significant project, if 

14 the project requires approval before the 

15 subsequent conformity determination. 

16 ‘‘(B) EXCEPTION.—In a case in which an 

17 area has a revision to an implementation plan 

18 under section 175A(b) and the Administrator 

19 has found the motor vehicle emissions budgets 

20 from that revision to be adequate in accordance 

21 with section 93.118(e)(4) of title 40, Code of 

22 Federal Regulations (as in effect on October 1, 

23 2003), or has approved the revision, the trans24 portation plan shall be considered to be a trans25 portation plan or portion of a transportation 
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1 plan that extends through the last year of the 

2 implementation plan required under section 

3 175A(b). 

4 ‘‘(8) DEFINITIONS.—In this subsection: 

5 ‘‘(A) REGIONALLY SIGNIFICANT

6 PROJECT.— 

7 ‘‘(i) IN GENERAL.—The term ‘region8 ally significant project’ means a transpor9 tation project that is on a facility that 

10 serves a regional transportation need, in11 cluding— 

12 ‘‘(I) access to and from the area 

13 outside of the region; 

14 ‘‘(II) access to and from major 

15 planned developments, including new 

16 retail malls, sports complexes, or 

17 transportation terminals; and 

18 ‘‘(III) most transportation termi19 nals. 

20 ‘‘(ii) PRINCIPAL ARTERIALS AND

21 FIXED GUIDEWAYS.—The term ‘regionally 

22 significant project’ includes, at a min23 imum— 

24 ‘‘(I) all principal arterial high25 ways; and 
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1 ‘‘(II) all fixed guideway transit 

2 facilities that offer an alternative to 

3 regional highway travel. 

4 ‘‘(iii) ADDITIONAL PROJECTS.—The 

5 interagency consultation process and pro6 cedures described in section 93.105(c) of 

7 title 40, Code of Federal Regulations (as 

8 in effect on October 1, 2003), shall be used 

9 to make determinations as to whether 

10 minor arterial highways and other trans11 portation projects should be considered ‘re12 gionally significant projects’. 

13 ‘‘(iv) EXCLUSIONS.—The term ‘re14 gionally significant project’ does not in15 clude any project of a type listed in sec16 tions 93.126 or 127 of title 40, Code of 

17 Federal Regulations (as in effect on Octo18 ber 1, 2003). 

19 ‘‘(B) SIGNIFICANT REVISION.—The term 

20 ‘significant revision’ means— 

21 ‘‘(i) with respect to a regionally sig22 nificant project, a significant change in de23 sign concept or scope to the project; and 

24 ‘‘(ii) with respect to any other kind of 

25 project, a change that converts a project 
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1 that is not a regionally significant project 

2 into a regionally significant project. 

3 ‘‘(C) TRANSPORTATION PROJECT.—The 

4 term ‘transportation project’ includes only a 

5 project that is— 

6 ‘‘(i) a regionally significant project; or 

7 ‘‘(ii) a project that makes a signifi8 cant revision to an existing project.’’. 

9 SEC. 1616. TRANSITION TO NEW AIR QUALITY STANDARDS. 

10 Section 176(c) of the Clean Air Act (42 U.S.C. 

11 7506(c)) is amended by striking paragraph (3) and insert12 ing the following: 

13 ‘‘(3) METHODS OF CONFORMITY DETERMINA14 TION BEFORE BUDGET IS AVAILABLE.— 

15 ‘‘(A) IN GENERAL.—Until such time as a 

16 motor vehicle emission budget from an imple17 mentation plan submitted for a national ambi18 ent air quality standard is determined to be 

19 adequate in accordance with section 

20 93.118(e)(4) of title 40, Code of Federal Regu21 lations (as in effect on October 1, 2003), or the 

22 submitted implementation plan is approved, 

23 conformity of such a plan, program, or project 

24 shall be demonstrated, in accordance with 

25 clauses (i) and (ii) and as selected through the 
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1 consultation process required under paragraph 

2 (4)(D)(i), with— 

3 ‘‘(i) a motor vehicle emission budget 

4 that has been found adequate in accord5 ance with section 93.118(e)(4) of title 40, 

6 Code of Federal Regulations (as in effect 

7 on October 1, 2003), or that has been ap8 proved, from an implementation plan for 

9 the most recent prior applicable national 

10 ambient air quality standard addressing 

11 the same pollutant; or 

12 ‘‘(ii) other such tests as the Adminis13 trator shall determine to ensure that— 

14 ‘‘(I) the transportation plan or 

15 program— 

16 ‘‘(aa) is consistent with the 

17 most recent estimates of mobile 

18 source emissions; 

19 ‘‘(bb) provides for the expe20 ditious implementation of trans21 portation control measures in the 

22 applicable implementation plan; 

23 and 

24 ‘‘(cc) with respect to an 

25 ozone or carbon monoxide non-
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1 attainment area, contributes to 

2 annual emissions reductions con3 sistent with sections 182(b)(1) 

4 and 187(a)(7); and 

5 ‘‘(II) the transportation project— 

6 ‘‘(aa) comes from a con7 forming transportation plan and 

8 program described in this sub9 paragraph; and 

10 ‘‘(bb) in a carbon monoxide 

11 nonattainment area, eliminates 

12 or reduces the severity and num13 ber of violations of the carbon 

14 monoxide standards in the area 

15 substantially affected by the 

16 project. 

17 ‘‘(B) DETERMINATION FOR A TRANSPOR18 TATION PROJECT IN A CARBON MONOXIDE NON19 ATTAINMENT AREA.—A determination under 

20 subparagraph (A)(ii)(II)(bb) may be made as 

21 part of either the conformity determination for 

22 the transportation program or for the individual 

23 transportation project taken as a whole during 

24 the environmental review phase of transpor25 tation project development.’’. 
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1 SEC. 1617. REDUCED BARRIERS TO AIR QUALITY IMPROVE2 MENTS. 

3 Section 176(c) of the Clean Air Act (42 U.S.C. 

4 7506(c)) (as amended by section 1615(b)(4)) is amend5 ed— 

6 (1) by redesignating paragraph (8) as para7 graph (9); and 

8 (2) by inserting after paragraph (7) the fol9 lowing: 

10 ‘‘(8) SUBSTITUTION FOR TRANSPORTATION

11 CONTROL MEASURES.— 

12 ‘‘(A) IN GENERAL.—Transportation con13 trol measures that are specified in an imple14 mentation plan may be replaced or added to the 

15 implementation plan with alternate or addi16 tional transportation control measures if— 

17 ‘‘(i) the substitute measures achieve 

18 equivalent or greater emissions reductions 

19 than the control measure to be replaced, as 

20 demonstrated with an analysis that is con21 sistent with the current methodology used 

22 for evaluating the replaced control measure 

23 in the implementation plan; 

24 ‘‘(ii) the substitute control measures 

25 are implemented— 
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1 ‘‘(I) in accordance with a sched2 ule that is consistent with the sched3 ule provided for control measures in 

4 the implementation plan; or 

5 ‘‘(II) if the implementation plan 

6 date for implementation of the control 

7 measure to be replaced has passed, as 

8 soon as practicable after the imple9 mentation plan date but not later 

10 than the date on which emission re11 ductions are necessary to achieve the 

12 purpose of the implementation plan; 

13 ‘‘(iii) the substitute and additional 

14 control measures are accompanied with evi15 dence of adequate personnel, funding, and 

16 authority under State or local law to im17 plement, monitor, and enforce the control 

18 measures; 

19 ‘‘(iv) the substitute and additional 

20 control measures were developed through a 

21 collaborative process that included— 

22 ‘‘(I) participation by representa23 tives of all affected jurisdictions (in24 cluding local air pollution control 

25 agencies, the State air pollution con-
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1 trol agency, and State and local trans2 portation agencies); 

3 ‘‘(II) consultation with the Ad4 ministrator; and 

5 ‘‘(III) reasonable public notice 

6 and opportunity for comment; and 

7 ‘‘(v) the metropolitan planning organi8 zation, State air pollution control agency, 

9 and the Administrator concur with the 

10 equivalency of the substitute or additional 

11 control measures. 

12 ‘‘(B) ADOPTION.—After carrying out sub13 paragraph (A), a State shall adopt the sub14 stitute or additional transportation control 

15 measure in the applicable implementation plan. 

16 ‘‘(C) NO REQUIREMENT FOR EXPRESS

17 PERMISSION.—The substitution or addition of a 

18 transportation control measure in accordance 

19 with this paragraph shall not be contingent on 

20 there being any provision in the implementation 

21 plan that expressly permits such a substitution 

22 or addition. 

23 ‘‘(D) NO REQUIREMENT FOR NEW CON24 FORMITY DETERMINATION.—The substitution 

25 or addition of a transportation control measure 
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1 in accordance with this paragraph shall not re2 quire— 

3 ‘‘(i) a new conformity determination 

4 for the transportation plan; or 

5 ‘‘(ii) a revision of the implementation 

6 plan. 

7 ‘‘(E) CONTINUATION OF CONTROL MEAS8 URE BEING REPLACED.—A control measure 

9 that is being replaced by a substitute control 

10 measure under this paragraph shall remain in 

11 effect until the substitute control measure is 

12 adopted by the State pursuant to subparagraph 

13 (B). 

14 ‘‘(F) EFFECT OF ADOPTION.—Adoption of 

15 a substitute control measure shall constitute re16 scission of the previously applicable control 

17 measure.’’. 

18 SEC. 1618. AIR QUALITY MONITORING DATA INFLUENCED 

19 BY EXCEPTIONAL EVENTS. 

20 (a) IN GENERAL.—Section 319 of the Clean Air Act 

21 (42 U.S.C. 7619) is amended— 

22 (1) by striking the section heading and all that 

23 follows through ‘‘after notice and opportunity for 

24 public hearing’’ and inserting the following: 
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1 ‘‘SEC. 319. AIR QUALITY MONITORING. 

2 ‘‘(a) IN GENERAL.—After notice and opportunity for 

3 public hearing’’; and 

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

5 ‘‘(b) AIR QUALITY MONITORING DATA INFLUENCED

6 BY EXCEPTIONAL EVENTS.— 

7 ‘‘(1) DEFINITION OF EXCEPTIONAL EVENT.—In 

8 this section: 

9 ‘‘(A) IN GENERAL.—The term ‘exceptional 

10 event’ means an event that— 

11 ‘‘(i) affects air quality; 

12 ‘‘(ii) is not reasonably controllable or 

13 preventable; 

14 ‘‘(iii) is— 

15 ‘‘(I) a natural event; or 

16 ‘‘(II) an event caused by human 

17 activity that is unlikely to recur at a 

18 particular location; and 

19 ‘‘(iv) is determined by the Adminis20 trator through the process established in 

21 the regulations promulgated under para22 graph (2) to be an exceptional event. 

23 ‘‘(B) EXCLUSIONS.—The term ‘exceptional 

24 event’ does not include— 

25 ‘‘(i) stagnation of air masses or mete26 orological inversions; 
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1 ‘‘(ii) a meteorological event involving 

2 high temperatures or lack of precipitation; 

3 or 

4 ‘‘(iii) air pollution relating to source 

5 noncompliance. 

6 ‘‘(2) REGULATIONS.— 

7 ‘‘(A) PROPOSED REGULATIONS.—Not later 

8 than March 1, 2005, after consultation with 

9 Federal land managers and State air pollution 

10 control agencies, the Administrator shall pub11 lish in the Federal Register proposed regula12 tions governing the review and handling of air 

13 quality monitoring data influenced by excep14 tional events. 

15 ‘‘(B) FINAL REGULATIONS.—Not later 

16 than 1 year after the date on which the Admin17 istrator publishes proposed regulations under 

18 subparagraph (A), and after providing an op19 portunity for interested persons to make oral 

20 presentations of views, data, and arguments re21 garding the proposed regulations, the Adminis22 trator shall promulgate final regulations gov23 erning the review and handling or air quality 

24 monitoring data influenced by an exceptional 

25 event that are consistent with paragraph (3). 
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1 ‘‘(3) PRINCIPLES AND REQUIREMENTS.— 

2 ‘‘(A) PRINCIPLES.—In promulgating regu3 lations under this section, the Administrator 

4 shall follow— 

5 ‘‘(i) the principle that protection of 

6 public health is the highest priority; 

7 ‘‘(ii) the principle that timely informa8 tion should be provided to the public in 

9 any case in which the air quality is 

10 unhealthy; 

11 ‘‘(iii) the principle that all ambient air 

12 quality data should be included in a timely 

13 manner, an appropriate Federal air quality 

14 database that is accessible to the public; 

15 ‘‘(iv) the principle that each State 

16 must take necessary measures to safeguard 

17 public health regardless of the source of 

18 the air pollution; and 

19 ‘‘(v) the principle that air quality data 

20 should be carefully screened to ensure that 

21 events not likely to recur are represented 

22 accurately in all monitoring data and anal23 yses. 
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1 ‘‘(B) REQUIREMENTS.—Regulations pro2 mulgated under this section shall, at a min3 imum, provide that— 

4 ‘‘(i) the occurrence of an exceptional 

5 event must be demonstrated by reliable, 

6 accurate data that is promptly produced 

7 and provided by Federal, State, or local 

8 government agencies; 

9 ‘‘(ii) a clear causal relationship must 

10 exist between the measured exceedances of 

11 a national ambient air quality standard 

12 and the exceptional event to demonstrate 

13 that the exceptional event caused a specific 

14 air pollution concentration at a particular 

15 air quality monitoring location; 

16 ‘‘(iii) there is a public process for de17 termining whether an event is exceptional; 

18 and 

19 ‘‘(iv) there are criteria and procedures 

20 for the Governor of a State to petition the 

21 Administrator to exclude air quality moni22 toring data that is directly due to excep23 tional events from use in determinations by 

24 the Environmental Protection Agency with 
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1 respect to exceedances or violations of the 

2 national ambient air quality standards. 

3 ‘‘(4) INTERIM PROVISION.—Until the effective 

4 date of a regulation promulgated under paragraph 

5 (2), the following guidance issued by the Adminis6 trator shall continue to apply: 

7 ‘‘(A) Guidance on the identification and 

8 use of air quality data affected by exceptional 

9 events (July 1986). 

10 ‘‘(B) Areas affected by PM–10 natural 

11 events, May 30, 1996. 

12 ‘‘(C) Appendices I, K, and N to part 50 of 

13 title 40, Code of Federal Regulations.’’. 

14 SEC. 1619. CONFORMING AMENDMENTS. 

15 Section 176(c)(4) of the Clean Air Act (42 U.S.C. 

16 7506(c)(4) is amended— 

17 (1) by redesignating subparagraphs (B) 

18 through (D) as subparagraphs (D) through (F), re19 spectively; 

20 (2) by striking ‘‘(4)(A) No later than one year 

21 after the date of enactment of the Clean Air Act 

22 Amendments of 1990, the Administrator shall pro23 mulgate’’ and inserting the following: 

24 ‘‘(4) CRITERIA AND PROCEDURES FOR DETER25 MINING CONFORMITY.— 
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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall promulgate, and periodically update,’’; 

3 (3) in subparagraph (A)— 

4 (A) in the second sentence, by striking 

5 ‘‘No later than one year after such date of en6 actment, the Administrator, with the concur7 rence of the Secretary of Transportation, shall 

8 promulgate’’ and inserting the following: 

9 ‘‘(B) TRANSPORTATION PLANS, PROGRAMS, 

10 AND PROJECTS.—The Administrator, with the 

11 concurrence of the Secretary of Transportation, 

12 shall promulgate, and periodically update,’’; and 

13 (B) in the third sentence, by striking ‘‘A 

14 suit’’ and inserting the following: 

15 ‘‘(C) CIVIL ACTION TO COMPEL PROMUL16 GATION.—A civil action’’; and 

17 (4) by striking subparagraph (E) (as redesig18 nated by paragraph (1)) and inserting the following: 

19 ‘‘(E) INCLUSION OF CRITERIA AND PROCE20 DURES IN SIP.—Not later than 2 years after 

21 the date of enactment of the Safe, Accountable, 

22 Flexible, and Efficient Transportation Equity 

23 Act of 2005, the procedures under subpara24 graph (A) shall include a requirement that each 

25 State include in the State implementation plan 
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1 criteria and procedures for consultation in ac2 cordance with the Administrator’s criteria and 

3 procedures for consultation required by sub4 paragraph (D)(i).’’. 

5 SEC. 1620. HIGHWAY STORMWATER DISCHARGE MITIGA6 TION PROGRAM. 

7 (a) HIGHWAY STORMWATER MITIGATION

8 PROJECTS.—Section 133(d) of title 23, United States 

9 Code (as amended by section 1401(a)(2)(B)), is amended 

10 by adding at the end the following: 

11 ‘‘(5) HIGHWAY STORMWATER DISCHARGE MITI12 GATION PROJECTS.—Of the amount apportioned to a 

13 State under section 104(b)(3) for a fiscal year, 2 

14 percent shall be available only for projects and ac15 tivities carried out under section 167.’’. 

16 (b) HIGHWAY STORMWATER DISCHARGE MITIGA17 TION PROGRAM.—Subchapter I of chapter 1 of title 23, 

18 United States Code (as amended by section 1601(a)), is 

19 amended by adding at the end the following: 

20 ‘‘§ 167. Highway stormwater discharge mitigation 

21 program 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis24 trator’ means the Administrator of the Environ25 mental Protection Agency. 
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1 ‘‘(2) ELIGIBLE MITIGATION PROJECT.—The 

2 term ‘eligible mitigation project’ means a practice or 

3 technique that— 

4 ‘‘(A) improves stormwater discharge water 

5 quality; 

6 ‘‘(B) attains preconstruction hydrology; 

7 ‘‘(C) promotes infiltration of stormwater 

8 into groundwater; 

9 ‘‘(D) recharges groundwater; 

10 ‘‘(E) minimizes stream bank erosion; 

11 ‘‘(F) promotes natural filters; 

12 ‘‘(G) otherwise mitigates water quality im13 pacts of highway stormwater discharges, im14 proves surface water quality, or enhances 

15 groundwater recharge; or 

16 ‘‘(H) reduces flooding caused by highway 

17 stormwater discharge. 

18 ‘‘(3) FEDERAL-AID HIGHWAY AND ASSOCIATED

19 FACILITY.—The term ‘Federal-aid highway and as20 sociated facility’ means— 

21 ‘‘(A) a Federal-aid highway; or 

22 ‘‘(B) a facility or land owned by a State 

23 (or political subdivision of a State) that is di24 rectly associated with the Federal-aid highway. 
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1 ‘‘(4) HIGHWAY STORMWATER DISCHARGE.—The 

2 term ‘highway stormwater discharge’ means 

3 stormwater discharge from a Federal-aid highway, 

4 or a Federal-aid highway and associated facility, 

5 that was constructed before the date of enactment of 

6 this section. 

7 ‘‘(5) HIGHWAY STORMWATER DISCHARGE MITI8 GATION.—The term ‘highway stormwater discharge 

9 mitigation’ means— 

10 ‘‘(A) the reduction of water quality im11 pacts of stormwater discharges from Federal12 aid highways or Federal-aid highways and asso13 ciated facilities; or 

14 ‘‘(B) the enhancement of groundwater re15 charge from stormwater discharges from Fed16 eral-aid highways or Federal-aid highways and 

17 associated facilities. 

18 ‘‘(6) PROGRAM.—The term ‘program’ means 

19 the highway stormwater discharge mitigation pro20 gram established under subsection (b). 

21 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab22 lish a highway stormwater discharge mitigation pro23 gram— 
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1 ‘‘(1) to improve the quality of stormwater dis2 charge from Federal-aid highways or Federal-aid 

3 highways and associated facilities; and 

4 ‘‘(2) to enhance groundwater recharge. 

5 ‘‘(c) PRIORITY OF PROJECTS.—For projects funded 

6 from the allocation under section 133(d)(6), a State shall 

7 give priority to projects sponsored by a State or local gov8 ernment that assist the State or local government in com9 plying with the Federal Water Pollution Control Act (33 

10 U.S.C. 1251 et seq.). 

11 ‘‘(d) GUIDANCE.— 

12 ‘‘(1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of this section, the Sec14 retary, in consultation with the Administrator, shall 

15 issue guidance to assist States in carrying out this 

16 section. 

17 ‘‘(2) REQUIREMENTS FOR GUIDANCE.—The 

18 guidance issued under paragraph (1) shall include 

19 information concerning innovative technologies and 

20 nonstructural best management practices to mitigate 

21 highway stormwater discharges.’’. 

22 (c) CONFORMING AMENDMENT.—The analysis for 

23 subchapter I of chapter 1 of title 23, United States Code 

24 (as amended by section 1601(b), is amended by inserting 

25 after the item relating to section 166 the following: 

‘‘167. Highway stormwater discharge mitigation program.’’. 
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1 SEC. 1621. EXEMPTION FROM CERTAIN HAZARDOUS MATE2 RIALS TRANSPORTATION REQUIREMENTS. 

3 (a) DEFINITION OF ELIGIBLE PERSON.—In this sec4 tion, the term ‘‘eligible person’’ means an agricultural pro5 ducer that has gross agricultural commodity sales that do 

6 not exceed $446,541. 

7 (b) EXEMPTION.—Subject to subsection (c), part 172 

8 of title 49, Code of Federal Regulations, shall not apply 

9 to an eligible person that transports a fertilizer, pesticide, 

10 propane, gasoline, or diesel fuel for agricultural purposes, 

11 to the extent determined by the Secretary. 

12 (c) APPLICABILITY.—Subsection (b) applies to secu13 rity plan requirements under subpart I of part 172 of title 

14 49, Code of Federal Regulations (or a successor regula15 tion). 

16 SEC. 1622. FUNDS FOR REBUILDING FISH STOCKS. 

17 Section 105 of the Miscellaneous Appropriations and 

18 Offsets Act, 2004 (Division H of the Consolidated Appro19 priations Act, 2004 (Public Law 108–199)) is repealed. 

20 Subtitle G—Operations 

21 SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND 

22 OPERATIONS. 

23 (a) SURFACE TRANSPORTATION PROGRAM ELIGI24 BILITY.—Section 133(b) of title 23, United States Code 

25 (as amended by section 1601(a)(2)), is amended by adding 

26 at the end the following: 
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1 ‘‘(16) Regional transportation operations col2 laboration and coordination activities that are asso3 ciated with regional improvements, such as traffic 

4 incident management, technology deployment, emer5 gency management and response, traveler informa6 tion, and regional congestion relief. 

7 ‘‘(17) RUSH HOUR CONGESTION RELIEF.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), a State may spend the funds appor10 tioned under this section to reduce traffic 

11 delays caused by motor vehicle accidents and 

12 breakdowns on highways during peak driving 

13 times. 

14 ‘‘(B) USE OF FUNDS.—A State, metropoli15 tan planning organization, or local government 

16 may use the funds under subparagraph (A)— 

17 ‘‘(i) to develop a region-wide coordi18 nated plan to mitigate traffic delays caused 

19 by motor vehicle accidents and break20 downs; 

21 ‘‘(ii) to purchase or lease tele22 communications equipment for first re23 sponders; 

24 ‘‘(iii) to purchase or lease towing and 

25 recovery services; 
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1 ‘‘(iv) to pay contractors for towing 

2 and recovery; 

3 ‘‘(v) to rent vehicle storage areas ad4 jacent to roadways; 

5 ‘‘(vi) to fund service patrols, equip6 ment, and operations; 

7 ‘‘(vii) to purchase incident detection 

8 equipment; 

9 ‘‘(viii) to carry out training.’’. 

10 (b) CONGESTION MITIGATION AND AIR QUALITY IM11 PROVEMENT PROGRAM ELIGIBILITY.—Section 149(b)(5) 

12 of title 23, United States Code, is amended by inserting 

13 ‘‘improve transportation systems management and oper14 ations,’’ after ‘‘intersections,’’. 

15 (c) TRANSPORTATION SYSTEMS MANAGEMENT AND

16 OPERATIONS.— 

17 (1) IN GENERAL.—Subchapter I of chapter 1 of 

18 title 23, United States Code (as amended by section 

19 1620(b)), is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 168. Transportation systems management and op22 erations 

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

24 transportation systems management and operations pro25 gram to— 
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1 ‘‘(1) ensure efficient and effective management 

2 and operation of transportation systems through col3 laboration, coordination, and real-time information 

4 sharing at a regional and Statewide level among— 

5 ‘‘(A) managers and operators of major 

6 modes of transportation; 

7 ‘‘(B) public safety officials; and 

8 ‘‘(C) the general public; and 

9 ‘‘(2) manage and operate transportation sys10 tems in a coordinated manner to preserve the capac11 ity and maximize the performance of transportation 

12 facilities for travelers and carriers. 

13 ‘‘(b) AUTHORIZED ACTIVITIES.— 

14 ‘‘(1) IN GENERAL.—In carrying out the pro15 gram under subsection (a), the Secretary may carry 

16 out activities to— 

17 ‘‘(A) encourage managers and operators of 

18 major modes of transportation, public safety of19 ficials, and transportation planners in urban20 ized areas that are responsible for conducting 

21 the day-to-day management, operations, public 

22 safety, and planning of transportation facilities 

23 and services to collaborate on and coordinate, 

24 on a regional level and in a continuous and sus-
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1 tained manner, improved transportation sys2 tems management and operations; and 

3 ‘‘(B) encourage States to— 

4 ‘‘(i) establish a system of basic real5 time monitoring for the surface transpor6 tation system; and 

7 ‘‘(ii) provide the means to share the 

8 data gathered under clause (i) among— 

9 ‘‘(I) highway, transit, and public 

10 safety agencies; 

11 ‘‘(II) jurisdictions (including 

12 States, cities, counties, and metropoli13 tan planning organizations); 

14 ‘‘(III) private-sector entities; and 

15 ‘‘(IV) the general public. 

16 ‘‘(2) ACTIVITIES.—Activities to be carried out 

17 under paragraph (1) include— 

18 ‘‘(A) developing a regional concept of oper19 ations that defines a regional strategy shared 

20 by all transportation and public safety partici21 pants with respect to the manner in which the 

22 transportation systems of the region should be 

23 managed, operated, and measured; 
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1 ‘‘(B) the sharing of information among op2 erators, service providers, public safety officials, 

3 and the general public; and 

4 ‘‘(C) guiding, in a regionally-coordinated 

5 manner and in a manner consistent with and 

6 integrated into the metropolitan and statewide 

7 transportation planning processes and regional 

8 intelligent transportation system architecture, 

9 the implementation of regional transportation 

10 system management and operations initiatives, 

11 including— 

12 ‘‘(i) emergency evacuation and re13 sponse; 

14 ‘‘(ii) traffic incident management; 

15 ‘‘(iii) technology deployment; and 

16 ‘‘(iv) traveler information systems de17 livery. 

18 ‘‘(c) COOPERATION.—In carrying out the program 

19 under subsection (a), the Secretary may assist and cooper20 ate with other Federal agencies, State and local govern21 ments, metropolitan planning organizations, private indus22 try, and other interested parties to improve regional col23 laboration and real-time information sharing between 

24 managers and operators of major modes of transportation, 

25 public safety officials, emergency managers, and the gen-
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1 eral public to increase the security, safety, and reliability 

2 of Federal-aid highways. 

3 ‘‘(d) GUIDANCE; REGULATIONS.— 

4 ‘‘(1) IN GENERAL.—In carrying out the pro5 gram under subsection (a), the Secretary may issue 

6 guidance or promulgate regulations for the procure7 ment of transportation system management and op8 erations facilities, equipment, and services, includ9 ing— 

10 ‘‘(A) equipment procured in preparation 

11 for natural disasters, disasters caused by 

12 human activity, and emergencies; 

13 ‘‘(B) system hardware; 

14 ‘‘(C) software; and 

15 ‘‘(D) software integration services. 

16 ‘‘(2) CONSIDERATIONS.—In developing the 

17 guidance or regulations under paragraph (1), the 

18 Secretary may consider innovative procurement 

19 methods that support the timely and streamlined 

20 execution of transportation system management and 

21 operations programs and projects. 

22 ‘‘(3) FINANCIAL ASSISTANCE.—The Secretary 

23 may authorize the use of funds made available under 

24 section 104(b)(3) to provide assistance for regional 

25 operations collaboration and coordination activities 
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1 that are associated with regional improvements, such 

2 as— 

3 ‘‘(A) traffic incident management; 

4 ‘‘(B) technology deployment; 

5 ‘‘(C) emergency management and re6 sponse; 

7 ‘‘(D) traveler information; and 

8 ‘‘(E) congestion relief.’’. 

9 (2) CONFORMING AMENDMENT.—The analysis 

10 for subchapter I of chapter 1 of title 23, United 

11 States Code (as amended by section 1620(c)), is 

12 amended by adding at the end: 

‘‘168. Transportation systems management and operations.’’. 

13 SEC. 1702. REAL-TIME SYSTEM MANAGEMENT INFORMA14 TION PROGRAM. 

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

16 23, United States Code (as amended by section 

17 1701(c)(1)), is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 169. Real-time system management information 

20 program 

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

22 real-time system management information program to— 

23 ‘‘(1) provide a nationwide system of basic real24 time information for managing and operating the 

25 surface transportation system; 
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1 ‘‘(2)(A) identify long-range real-time highway 

2 and transit monitoring needs; and 

3 ‘‘(B) develop plans and strategies for meeting 

4 those needs; 

5 ‘‘(3) provide the capability and means to share 

6 the basic real-time information with State and local 

7 governments and the traveling public; and 

8 ‘‘(4) provide the nationwide capability to mon9 itor, in real-time, the traffic and travel conditions of 

10 major highways in the United States, and to share 

11 that information with State and local governments 

12 and the traveling public, to— 

13 ‘‘(A) improve the security of the surface 

14 transportation system; 

15 ‘‘(B) address congestion problems; 

16 ‘‘(C) support improved response to weather 

17 events; and 

18 ‘‘(D) facilitate the distribution of national 

19 and regional traveler information. 

20 ‘‘(b) DATA EXCHANGE FORMATS.—Not later than 1 

21 year after the date of enactment of this section, the Sec22 retary shall establish data exchange formats to ensure that 

23 the data provided by highway and transit monitoring sys24 tems (including statewide incident reporting systems) can 

25 readily be exchanged between jurisdictions to facilitate the 
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1 nationwide availability of information on traffic and travel 

2 conditions. 

3 ‘‘(c) STATEWIDE INCIDENT REPORTING SYSTEM.— 

4 Not later than 2 years after the date of enactment of this 

5 section, or not later than 5 years after the date of enact6 ment of this section if the Secretary determines that ade7 quate real-time communications capability will not be 

8 available within 2 years after the date of enactment of 

9 this section, each State shall establish a statewide incident 

10 reporting system to facilitate the real-time electronic re11 porting of highway and transit incidents to a central loca12 tion for use in— 

13 ‘‘(1) monitoring an incident; 

14 ‘‘(2) providing accurate traveler information on 

15 the incident; and 

16 ‘‘(3) responding to the incident as appropriate. 

17 ‘‘(d) REGIONAL ITS ARCHITECTURE.— 

18 ‘‘(1) IN GENERAL.—In developing or updating 

19 regional intelligent transportation system architec20 tures under section 940.9 of title 23, Code of Fed21 eral Regulations (or any successor regulation), 

22 States and local governments shall address— 

23 ‘‘(A) the real-time highway and transit in24 formation needs of the State or local govern25 ment, including coverage, monitoring systems, 
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1 data fusion and archiving, and methods of ex2 changing or sharing information; and 

3 ‘‘(B) the systems needed to meet those 

4 needs. 

5 ‘‘(2) DATA EXCHANGE FORMATS.—In devel6 oping or updating regional intelligent transportation 

7 system architectures, States and local governments 

8 are encouraged to incorporate the data exchange for9 mats developed by the Secretary under subsection 

10 (b) to ensure that the data provided by highway and 

11 transit monitoring systems can readily be— 

12 ‘‘(A) exchanged between jurisdictions; and 

13 ‘‘(B) shared with the traveling public. 

14 ‘‘(e) ELIGIBLE FUNDING.—Subject to project ap15 proval by the Secretary, a State may— 

16 ‘‘(1) use funds available to the State under sec17 tion 505(a) to carry out activities relating to the 

18 planning of real-time monitoring elements; and 

19 ‘‘(2) use funds apportioned to the State under 

20 paragraphs (1) and (3) of section 104(b) to carry 

21 out activities relating to the planning and deploy22 ment of real-time monitoring elements.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 subchapter I of chapter 1 of title 23, United States Code 
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1 (as amended by section 1701(c)(2)), is amended adding 

2 at the end the following: 

‘‘169. Real-time system management information program.’’. 

3 SEC. 1703. CONTRACTING FOR ENGINEERING AND DESIGN 

4 SERVICES. 

5 Section 112(b)(2) of title 23, United States Code, is 

6 amended— 

7 (1) in subparagraph (A), by striking ‘‘title 40’’ 

8 and all that follows through the period and inserting 

9 ‘‘title 40.’’; 

10 (2) by striking subparagraph (B); 

11 (3) by redesignating subparagraphs (C) through 

12 (F) as subparagraphs (B) through (E), respectively; 

13 and 

14 (4) by striking subparagraph (G). 

15 SEC. 1704. OFF-DUTY TIME FOR DRIVERS OF COMMERCIAL 

16 VEHICLES. 

17 Section 345(a)(2) of the National Highway System 

18 Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 

19 613) is amended by adding at the end the following: ‘‘No 

20 additional off-duty time for a driver of such a vehicle shall 

21 be required in order for the driver to operate the vehicle.’’. 
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1 SEC. 1705. DESIGNATION OF TRANSPORTATION MANAGE2 MENT AREAS. 

3 (a) FUNDING.—Section 134(d)(3)(C)(ii) of title 23, 

4 United States Code, is amended by striking subclause (II) 

5 and inserting the following: 

6 ‘‘(II) FUNDING.—In addition to 

7 funds made available to the metropoli8 tan planning organization for the 

9 Lake Tahoe Region under this title 

10 and chapter 53 of title 49, 1 percent 

11 of all funds distributed under section 

12 202 shall be used to carry out the 

13 transportation planning process for 

14 the Lake Tahoe region under this 

15 subparagraph.’’. 

16 (b) SPECIAL DESIGNATION.—Section 134(i)(1) of 

17 title 23, United States Code, is amended by adding at the 

18 end the following: 

19 ‘‘(C) SPECIAL DESIGNATION.— 

20 ‘‘(i) IN GENERAL.—The urbanized 

21 areas of Oklahoma City, Oklahoma, and 

22 Norman, Oklahoma, shall be designated as 

23 a single transportation management area. 

24 ‘‘(ii) ALLOCATION.—The allocation of 

25 funds to the Oklahoma City-Norman 

26 Transportation Management Area des-
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1 ignated under clause (i) shall be based on 

2 the aggregate population of the 2 urban3 ized areas referred to in that clause, as de4 termined by the Bureau of the Census.’’. 

5 Subtitle H—Federal-Aid 

6 Stewardship 

7 SEC. 1801. FUTURE INTERSTATE SYSTEM ROUTES. 

8 Section 103(c)(4)(B) of title 23, United States Code, 

9 is amended— 

10 (1) in clause (ii), by striking ‘‘12’’ and inserting 

11 ‘‘20’’; and 

12 (2) in clause (iii)— 

13 (A) in subclause (I), by striking ‘‘in the 

14 agreement between the Secretary and the State 

15 or States’’; and 

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

17 ‘‘(III) EXISTING AGREEMENTS.— 

18 An agreement described in clause (ii) 

19 that is entered into before the date of 

20 enactment of this subparagraph shall 

21 be deemed to include the 20-year time 

22 limitation described in that clause, re23 gardless of any earlier construction 

24 completion date in the agreement.’’. 
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1 SEC. 1802. STEWARDSHIP AND OVERSIGHT. 

2 (a) IN GENERAL.—Section 106 of title 23, United 

3 States Code, is amended— 

4 (1) by striking subsection (e) and inserting the 

5 following: 

6 ‘‘(e) VALUE ENGINEERING ANALYSIS.— 

7 ‘‘(1) DEFINITION OF VALUE ENGINEERING

8 ANALYSIS.— 

9 ‘‘(A) IN GENERAL.—In this subsection, the 

10 term ‘value engineering analysis’ means a sys11 tematic process of review and analysis of a 

12 project, during the concept and design phases, 

13 by a multidisciplined team of persons not in14 volved in the project, that is conducted to pro15 vide recommendations such as those described 

16 in subparagraph (B) for— 

17 ‘‘(i) providing the needed functions 

18 safely, reliably, and at the lowest overall 

19 cost; 

20 ‘‘(ii) improving the value and quality 

21 of the project; and 

22 ‘‘(iii) reducing the time to complete 

23 the project. 

24 ‘‘(B) INCLUSIONS.—The recommendations 

25 referred to in subparagraph (A) include, with 

26 respect to a project— 
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1 ‘‘(i) combining or eliminating other2 wise inefficient use of costly parts of the 

3 original proposed design for the project; 

4 and 

5 ‘‘(ii) completely redesigning the 

6 project using different technologies, mate7 rials, or methods so as to accomplish the 

8 original purpose of the project. 

9 ‘‘(2) ANALYSIS.—The State shall provide a 

10 value engineering analysis or other cost-reduction 

11 analysis for— 

12 ‘‘(A) each project on the Federal-Aid Sys13 tem with an estimated total cost of 

14 $25,000,000 or more; 

15 ‘‘(B) a bridge project with an estimated 

16 total cost of $20,000,000 or more; and 

17 ‘‘(C) any other project the Secretary deter18 mines to be appropriate. 

19 ‘‘(3) MAJOR PROJECTS.—The Secretary may 

20 require more than 1 analysis described in paragraph 

21 (2) for a major project described in subsection (h). 

22 ‘‘(4) REQUIREMENTS.—Analyses described in 

23 paragraph (1) for a bridge project shall— 

24 ‘‘(A) include bridge substructure require25 ments based on construction material; and 
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1 ‘‘(B) be evaluated— 

2 ‘‘(i) on engineering and economic 

3 bases, taking into consideration acceptable 

4 designs for bridges; and 

5 ‘‘(ii) using an analysis of life-cycle 

6 costs and duration of project construc7 tion.’’; and 

8 (2) by striking subsections (g) and (h) and in9 serting the following: 

10 ‘‘(g) OVERSIGHT PROGRAM.— 

11 ‘‘(1) PROGRAM.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 establish an oversight program to monitor the 

14 effective and efficient use of funds made avail15 able under this title. 

16 ‘‘(B) MINIMUM REQUIREMENTS.—At a 

17 minimum, the program shall monitor and re18 spond to all areas relating to financial integrity 

19 and project delivery. 

20 ‘‘(2) FINANCIAL INTEGRITY.— 

21 ‘‘(A) FINANCIAL MANAGEMENT SYS22 TEMS.— 

23 ‘‘(i) IN GENERAL.—The Secretary 

24 shall perform annual reviews of the finan25 cial management systems of State trans-
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1 portation departments that affect projects 

2 approved under subsection (a). 

3 ‘‘(ii) REVIEW AREAS.—In carrying out 

4 clause (i), the Secretary shall use risk as5 sessment procedures to identify areas to be 

6 reviewed. 

7 ‘‘(B) PROJECT COSTS.—The Secretary 

8 shall— 

9 ‘‘(i) develop minimum standards for 

10 estimating project costs; and 

11 ‘‘(ii) periodically evaluate practices of 

12 the States for— 

13 ‘‘(I) estimating project costs; 

14 ‘‘(II) awarding contracts; and 

15 ‘‘(III) reducing project costs. 

16 ‘‘(C) RESPONSIBILITY OF THE STATES.— 

17 ‘‘(i) IN GENERAL.—Each State shall 

18 be responsible for ensuring that subrecipi19 ents of Federal funds within the State 

20 under this section have— 

21 ‘‘(I) sufficient accounting con22 trols to properly manage the Federal 

23 funds; and 
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1 ‘‘(II) adequate project delivery 

2 systems for projects approved under 

3 this section. 

4 ‘‘(ii) REVIEW BY SECRETARY.—The 

5 Secretary shall periodically review moni6 toring by the States of those subrecipients. 

7 ‘‘(3) PROJECT DELIVERY.—The Secretary 

8 shall— 

9 ‘‘(A) perform annual reviews of the project 

10 delivery system of each State, including analysis 

11 of 1 or more activities that are involved in the 

12 life cycle of a project; and 

13 ‘‘(B) employ risk assessment procedures to 

14 identify areas to be reviewed. 

15 ‘‘(4) SPECIFIC OVERSIGHT RESPONSIBIL16 ITIES.—Nothing in this section discharges or other17 wise affects any oversight responsibility of the Sec18 retary— 

19 ‘‘(A) specifically provided for under this 

20 title or other Federal law; or 

21 ‘‘(B) for the design and construction of all 

22 Appalachian development highways under sec23 tion 14501 of title 40 or section 170 of this 

24 title. 

25 ‘‘(h) MAJOR PROJECTS.— 
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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of this section, a recipient of Federal fi3 nancial assistance for a project under this title with 

4 an estimated total cost of $1,000,000,000 or more, 

5 and recipients for such other projects as may be 

6 identified by the Secretary, shall submit to the Sec7 retary for each project— 

8 ‘‘(A) a project management plan; and 

9 ‘‘(B) an annual financial plan. 

10 ‘‘(2) PROJECT MANAGEMENT PLAN.—A project 

11 management plan shall document— 

12 ‘‘(A) the procedures and processes that are 

13 in effect to provide timely information to the 

14 project decisionmakers to effectively manage the 

15 scope, costs, schedules, and quality of, and the 

16 Federal requirements applicable to, the project; 

17 and 

18 ‘‘(B) the role of the agency leadership and 

19 management team in the delivery of the project. 

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

21 shall— 

22 ‘‘(A) be based on detailed estimates of the 

23 cost to complete the project; and 

24 ‘‘(B) provide for the annual submission of 

25 updates to the Secretary that are based on rea-
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1 sonable assumptions, as determined by the Sec2 retary, of future increases in the cost to com3 plete the project. 

4 ‘‘(i) OTHER PROJECTS.—A recipient of Federal fi5 nancial assistance for a project under this title that re6 ceives $100,000,000 or more in Federal assistance for the 

7 project, and that is not covered by subsection (h), shall 

8 prepare, and make available to the Secretary at the re9 quest of the Secretary, an annual financial plan for the 

10 project.’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) Section 114(a) of title 23, United States 

13 Code, is amended— 

14 (A) in the first sentence by striking ‘‘high15 ways or portions of highways located on a Fed16 eral-aid system’’ and inserting ‘‘Federal-aid 

17 highway or a portion of a Federal-aid high18 way’’; and 

19 (B) by striking the second sentence and in20 serting ‘‘The Secretary shall have the right to 

21 conduct such inspections and take such correc22 tive action as the Secretary determines to be 

23 appropriate.’’. 

24 (2) Section 117 of title 23, United States Code, 

25 is amended— 
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1 (A) by striking subsection (d); and 

2 (B) by redesignating subsections (e) 

3 through (h) as subsections (d) through (g), re4 spectively. 

5 (c) CONTRACTOR SUSPENSION AND DEBARMENT

6 POLICY; SHARING FRAUD MONETARY RECOVERIES.— 

7 (1) IN GENERAL.—Section 307 of title 49, 

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

9 ‘‘§ 307. Contractor suspension and debarment policy; 

10 sharing fraud monetary recoveries 

11 ‘‘(a) MANDATORY ENFORCEMENT POLICY.— 

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

13 provision of law, the Secretary— 

14 ‘‘(A) shall debar any contractor or subcon15 tractor convicted of a criminal or civil offense 

16 involving fraud relating to a project receiving 

17 Federal highway or transit funds for such pe18 riod as the Secretary determines to be appro19 priate; and 

20 ‘‘(B) subject to approval by the Attorney 

21 General— 

22 ‘‘(i) except as provided in paragraph 

23 (2), shall suspend any contractor or sub24 contractor upon indictment for criminal or 

25 civil offenses involving fraud; and 
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1 ‘‘(ii) may exclude nonaffiliated sub2 sidiaries of a debarred business entity. 

3 ‘‘(2) NATIONAL SECURITY EXCEPTION.—If the 

4 Secretary finds that mandatory debarment or sus5 pension of a contractor or subcontractor under para6 graph (1) would be contrary to the national security 

7 of the United States, the Secretary— 

8 ‘‘(A) may waive the debarment or suspen9 sion; and 

10 ‘‘(B) in the instance of each waiver, shall 

11 provide notification to Congress of the waiver 

12 with appropriate details. 

13 ‘‘(b) SHARING OF MONETARY RECOVERIES.— 

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

15 provision of law— 

16 ‘‘(A) monetary judgments accruing to the 

17 Federal Government from judgments in Federal 

18 criminal prosecutions and civil judgments per19 taining to fraud in highway and transit pro20 grams shall be shared with the State or local 

21 transit agency involved; and 

22 ‘‘(B) the State or local transit agency shall 

23 use the funds for transportation infrastructure 

24 and oversight activities relating to programs au25 thorized under title 23 and this title. 
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1 ‘‘(2) AMOUNT.—The amount of recovered funds 

2 to be shared with an affected State or local transit 

3 agency shall be— 

4 ‘‘(A) determined by the Attorney General, 

5 in consultation with the Secretary; and 

6 ‘‘(B) considered to be Federal funds to be 

7 used in compliance with other relevant Federal 

8 transportation laws (including regulations). 

9 ‘‘(3) FRAUDULENT ACTIVITY.—Paragraph (1) 

10 shall not apply in any case in which a State or local 

11 transit agency is found by the Attorney General, in 

12 consultation with the Secretary, to have been in13 volved or negligent with respect to the fraudulent ac14 tivities.’’. 

15 (2) CONFORMING AMENDMENT.—The analysis 

16 for chapter 3 of title 49, United States Code, is 

17 amended by striking the item relating to section 307 

18 and inserting the following: 

‘‘307. Contractor suspension and debarment policy; sharing fraud monetary recoveries.’’. 

19 SEC. 1803. DESIGN-BUILD CONTRACTING. 

20 Section 112(b)(3) of title 23, United States Code, is 

21 amended by striking subparagraph (C) and inserting the 

22 following: 

23 ‘‘(C) QUALIFIED PROJECTS.—A qualified 

24 project referred to in subparagraph (A) is a 
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1 project under this chapter (including intermodal 

2 projects) for which the Secretary has approved 

3 the use of design-build contracting under cri4 teria specified in regulations promulgated by 

5 the Secretary.’’. 

6 SEC. 1804. PROGRAM EFFICIENCIES—FINANCE. 

7 (a) ADVANCE CONSTRUCTION.—Section 115 of title 

8 23, United States Code, is amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); 

11 (2) by redesignating subsections (a)(2), 

12 (a)(2)(A), and (a)(2)(B) as subsections (c), (c)(1), 

13 and (c)(2), respectively, and indenting appropriately; 

14 (3) by striking ‘‘(a) CONGESTION’’ and all that 

15 follows through subsection (a)(1)(B); 

16 (4) by striking subsection (b); and 

17 (5) by inserting after the section heading the 

18 following: 

19 ‘‘(a) IN GENERAL.—The Secretary may authorize a 

20 State to proceed with a project authorized under this 

21 title— 

22 ‘‘(1) without the use of Federal funds; and 

23 ‘‘(2) in accordance with all procedures and re24 quirements applicable to the project other than those 
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1 procedures and requirements that limit the State to 

2 implementation of a project— 

3 ‘‘(A) with the aid of Federal funds pre4 viously apportioned or allocated to the State; or 

5 ‘‘(B) with obligation authority previously 

6 allocated to the State. 

7 ‘‘(b) OBLIGATION OF FEDERAL SHARE.—The Sec8 retary, on the request of a State and execution of a project 

9 agreement, may obligate all or a portion of the Federal 

10 share of the project authorized under this section from 

11 any category of funds for which the project is eligible.’’. 

12 (b) OBLIGATION AND RELEASE OF FUNDS.—Section 

13 118 of title 23, United States Code, is amended by strik14 ing subsection (d) and inserting the following: 

15 ‘‘(d) OBLIGATION AND RELEASE OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—Funds apportioned or allo17 cated to a State for a particular purpose for any fis18 cal year shall be considered to be obligated if a sum 

19 equal to the total of the funds apportioned or allo20 cated to the State for that purpose for that fiscal 

21 year and previous fiscal years is obligated. 

22 ‘‘(2) RELEASED FUNDS.—Any funds released 

23 by the final payment for a project, or by modifying 

24 the project agreement for a project, shall be— 
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1 ‘‘(A) credited to the same class of funds 

2 previously apportioned or allocated to the State; 

3 and 

4 ‘‘(B) immediately available for obligation. 

5 ‘‘(3) NET OBLIGATIONS.—Notwithstanding any 

6 other provision of law (including a regulation), obli7 gations recorded against funds made available under 

8 this section shall be recorded and reported as net ob9 ligations.’’. 

10 SEC. 1805. SET-ASIDES FOR INTERSTATE DISCRETIONARY 

11 PROJECTS. 

12 Section 118(c)(1) of title 23, United States Code, is 

13 amended— 

14 (1) by striking ‘‘$50,000,000’’ and all that 

15 follows through ‘‘2003’’ and inserting 

16 ‘‘$89,308,176 for each of fiscal years 2005 

17 through 2009’’; and 

18 (2) by striking ‘‘Transportation Equity Act 

19 for the 21st Century’’ and inserting ‘‘Safe, Ac20 countable, Flexible, and Efficient Transpor21 tation Equity Act of 2005’’. 

22 SEC. 1806. FEDERAL LANDS HIGHWAYS PROGRAM. 

23 (a) FEDERAL SHARE PAYABLE.— 

24 (1) IN GENERAL.—Section 120(k) of title 23, 

25 United States Code, is amended— 
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1 (A) by striking ‘‘Federal-aid highway’’; 

2 and 

3 (B) by striking ‘‘section 104’’ and insert4 ing ‘‘this title or chapter 53 of title 49’’. 

5 (2) TECHNICAL REFERENCES.—Section 120(l) 

6 of title 23, United States Code, is amended by strik7 ing ‘‘section 104’’ and inserting ‘‘this title or chap8 ter 53 of title 49’’. 

9 (b) PAYMENTS TO FEDERAL AGENCIES FOR FED10 ERAL-AID PROJECTS.—Section 132 of title 23, United 

11 States Code, is amended— 

12 (1) by striking the first 2 sentences and insert13 ing the following: 

14 ‘‘(a) IN GENERAL.—In a case in which a proposed 

15 Federal-aid project is to be undertaken by a Federal agen16 cy in accordance with an agreement between a State and 

17 the Federal agency, the State may— 

18 ‘‘(1) direct the Secretary to transfer the funds 

19 for the Federal share of the project directly to the 

20 Federal agency; or 

21 ‘‘(2) make such deposit with, or payment to, 

22 the Federal agency as is required to meet the obliga23 tion of the State under the agreement for the work 

24 undertaken or to be undertaken by the Federal 

25 agency. 
319 

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1 ‘‘(b) REIMBURSEMENT.—On execution of a project 

2 agreement with a State described in subsection (a), the 

3 Secretary may reimburse the State, using any available 

4 funds, for the estimated Federal share under this title of 

5 the obligation of the State deposited or paid under sub6 section (a)(2).’’; and 

7 (2) in the last sentence, by striking ‘‘Any 

8 sums’’ and inserting the following: 

9 ‘‘(c) RECOVERY AND CREDITING OF FUNDS.—Any 

10 sums’’. 

11 (c) ALLOCATIONS.—Section 202 of title 23, United 

12 States Code, is amended— 

13 (1) in subsection (a), by striking ‘‘(a) On Octo14 ber 1’’ and all that follows through ‘‘Such alloca15 tion’’ and inserting the following: 

16 ‘‘(a) ALLOCATION BASED ON NEED.— 

17 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

18 year, the Secretary shall allocate sums authorized to 

19 be appropriated for the fiscal year for forest develop20 ment roads and trails according to the relative needs 

21 of the various national forests and grasslands. 

22 ‘‘(2) PLANNING.—The allocation under para23 graph (1)’’; 

24 (2) by striking subsection (b) and inserting the 

25 following: 
320 

•S 732 PCS 

1 ‘‘(b) ALLOCATION FOR PUBLIC LANDS HIGHWAYS.— 

2 ‘‘(1) PUBLIC LANDS HIGHWAYS.— 

3 ‘‘(A) IN GENERAL.—On October 1 of each 

fiscal year, the Secretary shall allocate 331 4 ⁄3

5 percent of the sums authorized to be appro6 priated for that fiscal year for public lands 

7 highways among those States having unappro8 priated or unreserved public lands, or non9 taxable Indian lands or other Federal reserva10 tions, on the basis of need in the States, respec11 tively, as determined by the Secretary, on appli12 cation of the State transportation departments 

13 of the respective States. 

14 ‘‘(B) PREFERENCE.—In making the allo15 cation under subparagraph (A), the Secretary 

16 shall give preference to those projects that are 

17 significantly impacted by Federal land and re18 source management activities that are proposed 

19 by a State that contains at least 3 percent of 

20 the total public land in the United States. 

21 ‘‘(2) FOREST HIGHWAYS.— 

22 ‘‘(A) IN GENERAL.—On October 1 of each 

fiscal year, the Secretary shall allocate 662 23 ⁄3

24 percent of the funds authorized to be appro25 priated for public lands highways for forest 
321 

•S 732 PCS 

1 highways in accordance with section 134 of the 

2 Federal-Aid Highway Act of 1987 (23 U.S.C. 

3 202 note; 101 Stat. 173). 

4 ‘‘(B) PUBLIC ACCESS TO AND WITHIN NA5 TIONAL FOREST SYSTEM.—In making the allo6 cation under subparagraph (A), the Secretary 

7 shall give equal consideration to projects that 

8 provide access to and within the National For9 est System, as identified by the Secretary of 

10 Agriculture through— 

11 ‘‘(i) renewable resource and land use 

12 planning; and 

13 ‘‘(ii) assessments of the impact of that 

14 planning on transportation facilities.’’; 

15 (3) in subsection (c)— 

16 (A) by striking ‘‘(c) On’’ and inserting the 

17 following: 

18 ‘‘(c) PARK ROADS AND PARKWAYS.— 

19 ‘‘(1) IN GENERAL.—On’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(2) PRIORITY.— 

22 ‘‘(A) DEFINITION OF QUALIFYING NA23 TIONAL PARK.—In this paragraph, the term 

24 ‘‘qualifying national park’’ means a National 

25 Park that is used more than 1,000,000 rec-
322 

•S 732 PCS 

1 reational visitor days per year, based on an av2 erage of the 3 most recent years of available 

3 data from the National Park Service. 

4 ‘‘(B) PRIORITY.—Notwithstanding any 

5 other provision of law, with respect to funds au6 thorized for park roads and parkways, the Sec7 retary shall give priority in the allocation of 

8 funds to projects for highways that— 

9 ‘‘(i) are located in, or provide access 

10 to, a qualifying National Park; and 

11 ‘‘(ii) were initially constructed before 

12 1940. 

13 ‘‘(C) PRIORITY CONFLICTS.—If there is a 

14 conflict between projects described in subpara15 graph (B), the Secretary shall give highest pri16 ority to projects that— 

17 ‘‘(i) are in, or that provide access to, 

18 parks that are adjacent to a National Park 

19 of a foreign country; or 

20 ‘‘(ii) are located in more than 1 

21 State;’’; 

22 (4) in subsection (d)— 

23 (A) in paragraph (1)— 

24 (i) in the paragraph heading, by strik25 ing ‘‘1999’’ and inserting ‘‘2005’’; and 
323 

•S 732 PCS 

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

2 ‘‘2005’’; 

3 (B) in paragraph (2)— 

4 (i) in the paragraph heading, by strik5 ing ‘‘2000’’ and inserting ‘‘2005’’; 

6 (ii) in subparagraphs (A), (B), and 

7 (D), by striking ‘‘2000’’ each place it ap8 pears and inserting ‘‘2005’’; 

9 (iii) in subparagraph (B), by striking 

10 ‘‘1999’’ each place it appears and inserting 

11 ‘‘2005’’; and 

12 (iv) by adding at the end the fol13 lowing: 

14 ‘‘(E) TRANSFERRED FUNDS.— 

15 ‘‘(i) IN GENERAL.—Not later than 30 

16 days after the date on which funds are 

17 made available to the Secretary of the In18 terior under this paragraph, the funds 

19 shall be distributed to, and available for 

20 immediate use by, the eligible Indian 

21 tribes, in accordance with the formula ap22 plicable for each fiscal year. 

23 ‘‘(ii) FORMULA.—If the Secretary of 

24 the Interior has not promulgated final reg25 ulations for the distribution of funds under 
324 

•S 732 PCS 

1 clause (i) for a fiscal year by the date on 

2 which the funds for the fiscal year are re3 quired to be distributed under that clause, 

4 the Secretary of the Interior shall dis5 tribute the funds under clause (i) in ac6 cordance with the applicable funding for7 mula for the preceding year. 

8 ‘‘(iii) USE OF FUNDS.—Notwith9 standing any other provision of this sec10 tion, funds available to Indian tribes for 

11 Indian reservation roads shall be expended 

12 on projects identified in a transportation 

13 improvement program approved by the 

14 Secretary.’’; 

15 (C) in paragraph (3)— 

16 (i) in subparagraph (A), by striking 

17 ‘‘under this title’’ and inserting ‘‘under 

18 this chapter and section 125(e)’’; and 

19 (ii) by adding at the end the fol20 lowing: 

21 ‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM

22 DEMONSTRATION PROJECT.— 

23 ‘‘(i) IN GENERAL.—The Secretary 

24 shall establish a demonstration project 

25 under which all funds made available 
325 

•S 732 PCS 

1 under this chapter for Indian reservation 

2 roads and for highway bridges located on 

3 Indian reservation roads as provided for in 

4 subparagraph (A) shall be made available, 

5 on the request of an affected Indian tribal 

6 government, to the Indian tribal govern7 ment for use in carrying out, in accordance 

8 with the Indian Self-Determination and 

9 Education Assistance Act (25 U.S.C. 450b 

10 et seq.), contracts and agreements for the 

11 planning, research, engineering, and con12 struction described in that subparagraph. 

13 ‘‘(ii) EXCLUSION OF AGENCY PARTICI14 PATION.—In accordance with subpara15 graph (B), all funds for Indian reservation 

16 roads and for highway bridges located on 

17 Indian reservation roads to which clause 

18 (i) applies shall be paid without regard to 

19 the organizational level at which the Fed20 eral lands highway program has previously 

21 carried out the programs, functions, serv22 ices, or activities involved. 

23 ‘‘(iii) SELECTION OF PARTICIPATING

24 TRIBES.— 

25 ‘‘(I) PARTICIPANTS.— 
326 

•S 732 PCS 

1 ‘‘(aa) IN GENERAL.—In ad2 dition to Indian tribes or tribal 

3 organizations that, as of the date 

4 of enactment of this subpara5 graph, are contracting or com6 pacting for any Indian reserva7 tion road function or program, 

8 for each fiscal year, the Secretary 

9 may select up to 15 Indian tribes 

10 from the applicant pool described 

11 in subclause (II) to participate in 

12 the demonstration project carried 

13 out under clause (i). 

14 ‘‘(bb) CONSORTIA.—Two or 

15 more Indian tribes that are oth16 erwise eligible to participate in a 

17 program or activity to which this 

18 title applies may form a consor19 tium to be considered as a single 

20 Indian tribe for the purpose of 

21 becoming part of the applicant 

22 pool under subclause (II). 

23 ‘‘(cc) FUNDING.—An Indian 

24 tribe participating in the pilot 

25 program under this subpara-
327 

•S 732 PCS 

1 graph shall receive funding in an 

2 amount equal to the sum of the 

3 funding that the Indian tribe 

4 would otherwise receive in ac5 cordance with the funding for6 mula established under the other 

7 provisions of this subsection, and 

8 an additional percentage of that 

9 amount equal to the percentage 

10 of funds withheld during the ap11 plicable fiscal year for the road 

12 program management costs of 

13 the Bureau of Indian Affairs 

14 under subsection (f)(1). 

15 ‘‘(II) APPLICANT POOL.—The ap16 plicant pool described in this sub17 clause shall consist of each Indian 

18 tribe (or consortium) that— 

19 ‘‘(aa) has successfully com20 pleted the planning phase de21 scribed in subclause (IV); 

22 ‘‘(bb) has requested partici23 pation in the demonstration 

24 project under this subparagraph 

25 through the adoption of a resolu-
328 

•S 732 PCS 

1 tion or other official action by 

2 the tribal governing body; and 

3 ‘‘(cc) has demonstrated fi4 nancial stability and financial 

5 management capability in accord6 ance with subclause (III) during 

7 the 3-fiscal-year period imme8 diately preceding the fiscal year 

9 for which participation under this 

10 subparagraph is being requested. 

11 ‘‘(III) CRITERIA FOR DETER12 MINING FINANCIAL STABILITY AND FI13 NANCIAL MANAGEMENT CAPACITY.— 

14 For the purpose of subclause (II), evi15 dence that, during the 3-year period 

16 referred to in subclause (II)(cc), an 

17 Indian tribe had no uncorrected sig18 nificant and material audit exceptions 

19 in the required annual audit of the In20 dian tribe’s self-determination con21 tracts or self-governance funding 

22 agreements with any Federal agency 

23 shall be conclusive evidence of the re24 quired stability and capability. 

25 ‘‘(IV) PLANNING PHASE.— 
329 

•S 732 PCS 

1 ‘‘(aa) IN GENERAL.—An In2 dian tribe (or consortium) re3 questing participation in the 

4 demonstration project under this 

5 subparagraph shall complete a 

6 planning phase that shall include 

7 legal and budgetary research and 

8 internal tribal government and 

9 organization preparation. 

10 ‘‘(bb) ELIGIBILITY.—An In11 dian tribe (or consortium) de12 scribed in item (aa) shall be eligi13 ble to receive a grant under this 

14 subclause to plan and negotiate 

15 participation in a project de16 scribed in that item. 

17 ‘‘(V) REPORT TO CONGRESS.— 

18 Not later than September 30, 2006, 

19 the Secretary shall submit to Con20 gress a report describing the imple21 mentation of the demonstration 

22 project and any recommendations for 

23 improving the project.’’; and 

24 (D) in paragraph (4)— 

25 (i) in subparagraph (B)— 
330 

•S 732 PCS 

1 (I) by striking ‘‘(B) RESERVA2 TION.—Of the amounts’’ and all that 

3 follows through ‘‘to replace,’’ and in4 serting the following: 

5 ‘‘(B) FUNDING.— 

6 ‘‘(i) AUTHORIZATION OF APPROPRIA7 TIONS.—In addition to any other funds 

8 made available for Indian reservation roads 

9 for each fiscal year, there is authorized to 

10 be appropriated from the Highway Trust 

11 Fund (other than the Mass Transit Ac12 count) $13,396,226 for each of fiscal years 

13 2005 through 2009 to carry out planning, 

14 design, engineering, preconstruction, con15 struction, and inspection of projects to re16 place,’’; and 

17 (II) by adding at the end the fol18 lowing: 

19 ‘‘(ii) AVAILABILITY.—Funds made 

20 available to carry out this subparagraph 

21 shall be available for obligation in the same 

22 manner as if the funds were apportioned 

23 under chapter 1.’’; and 

24 (ii) by striking subparagraph (D) and 

25 inserting the following: 
331 

•S 732 PCS 

1 ‘‘(D) APPROVAL REQUIREMENT.— 

2 ‘‘(i) IN GENERAL.—Subject to clause 

3 (ii), on request by an Indian tribe or the 

4 Secretary of the Interior, the Secretary 

5 may make funds available under this sub6 section for preliminary engineering for In7 dian reservation road bridge projects. 

8 ‘‘(ii) CONSTRUCTION AND CONSTRUC9 TION ENGINEERING.—The Secretary may 

10 make funds available under clause (i) for 

11 construction and construction engineering 

12 only after approval by the Secretary of ap13 plicable plans, specifications, and esti14 mates.’’; and 

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

16 ‘‘(f) ADMINISTRATION OF INDIAN RESERVATION

17 ROADS.— 

18 ‘‘(1) CONTRACT AUTHORITY.—Notwithstanding 

19 any other provision of law, for any fiscal year, not 

20 more than 6 percent of the contract authority 

21 amounts made available from the Highway Trust 

22 Fund to the Bureau of Indian Affairs under this 

23 title shall be used to pay the expenses incurred by 

24 the Bureau in administering the Indian reservation 

25 roads program (including the administrative ex-
332 

•S 732 PCS 

1 penses relating to individual projects associated with 

2 the Indian reservation roads program). 

3 ‘‘(2) HEALTH AND SAFETY ASSURANCES.—Not4 withstanding any other provision of law, an Indian 

5 tribe or tribal organization may commence road and 

6 bridge construction under the Transportation Equity 

7 Act for the 21st Century (Public Law 105-178) or 

8 the Safe, Accountable, Flexible, and Efficient Trans9 portation Equity Act of 2005 that is funded through 

10 a contract or agreement under the Indian Self-De11 termination and Education Assistance Act (25 

12 U.S.C. 450b et seq.) if the Indian tribe or tribal or13 ganization— 

14 ‘‘(A) provides assurances in the contract or 

15 agreement that the construction will meet or ex16 ceed applicable health and safety standards; 

17 ‘‘(B) obtains the advance review of the 

18 plans and specifications from a licensed profes19 sional that has certified that the plans and 

20 specifications meet or exceed the applicable 

21 health and safety standards; and 

22 ‘‘(C) provides a copy of the certification 

23 under subparagraph (B) to the Assistant Sec24 retary for Indian Affairs.’’. 
333 

•S 732 PCS 

1 (d) PLANNING AND AGENCY COORDINATION.—Sec2 tion 204 of title 23, United States Code, is amended— 

3 (1) in subsection (a)(1), by inserting ‘‘refuge 

4 roads, recreation roads,’’ after ‘‘parkways,’’; 

5 (2) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) USE OF FUNDS.— 

8 ‘‘(1) IN GENERAL.—Funds available for public 

9 lands highways, recreation roads, park roads and 

10 parkways, forest highways, and Indian reservation 

11 roads shall be used by the Secretary and the Sec12 retary of the appropriate Federal land management 

13 agency to pay the cost of transportation planning, 

14 research, engineering, operation and maintenance of 

15 transit facilities, and construction of the highways, 

16 roads, parkways, forest highways, and transit facili17 ties located on public land, national parks, and In18 dian reservations. 

19 ‘‘(2) CONTRACT.—In connection with an activ20 ity described in paragraph (1), the Secretary and the 

21 Secretary of the appropriate Federal land manage22 ment agency may enter into a construction contract 

23 or other appropriate agreement with— 

24 ‘‘(A) a State (including a political subdivi25 sion of a State); or 
334 

•S 732 PCS 

1 ‘‘(B) an Indian tribe. 

2 ‘‘(3) INDIAN RESERVATION ROADS.—In the case 

3 of an Indian reservation road— 

4 ‘‘(A) Indian labor may be used, in accord5 ance with such rules and regulations as may be 

6 promulgated by the Secretary of the Interior, to 

7 carry out any construction or other activity de8 scribed in paragraph (1); and 

9 ‘‘(B) funds made available to carry out 

10 this section may be used to pay bridge 

11 preconstruction costs (including planning, de12 sign, and engineering). 

13 ‘‘(4) FEDERAL EMPLOYMENT.—No maximum 

14 on Federal employment shall be applicable to con15 struction or improvement of Indian reservation 

16 roads. 

17 ‘‘(5) AVAILABILITY OF FUNDS.—Funds avail18 able under this section for each class of Federal 

19 lands highway shall be available for any kind of 

20 transportation project eligible for assistance under 

21 this title that is within or adjacent to, or that pro22 vides access to, the areas served by the particular 

23 class of Federal lands highway. 

24 ‘‘(6) RESERVATION OF FUNDS.—The Secretary 

25 of the Interior may reserve funds from administra-
335 

•S 732 PCS 

1 tive funds of the Bureau of Indian Affairs that are 

2 associated with the Indian reservation road program 

3 to finance the Indian technical centers authorized 

4 under section 504(b).’’; and 

5 (3) in subsection (k)(1)— 

6 (A) in subparagraph (B)— 

7 (i) by striking ‘‘(2), (5),’’ and insert8 ing ‘‘(2), (3), (5),’’; and 

9 (ii) by striking ‘‘and’’ after the semi10 colon; 

11 (B) in subparagraph (C), by striking the 

12 period at the end and inserting a semicolon; 

13 and 

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

15 ‘‘(D) maintenance of public roads in na16 tional fish hatcheries under the jurisdiction of 

17 the United States Fish and Wildlife Service; 

18 ‘‘(E) the non-Federal share of the cost of 

19 any project funded under this title or chapter 

20 53 of title 49 that provides access to or within 

21 a wildlife refuge; and 

22 ‘‘(F) maintenance and improvement of rec23 reational trails (except that expenditures on 

24 trails under this subparagraph shall not exceed 
336 

•S 732 PCS 

1 5 percent of available funds for each fiscal 

2 year).’’. 

3 (e) MAINTENANCE OF INDIAN RESERVATION

4 ROADS.—Section 204(c) of title 23, United States Code, 

5 is amended by striking the second and third sentences and 

6 inserting the following: ‘‘Notwithstanding any other provi7 sion of this title, of the amount of funds apportioned for 

8 Indian reservation roads from the Highway Trust Fund, 

9 an Indian tribe may expend for the purpose of mainte10 nance not more than the greater of $250,000 or 25 per11 cent of the apportioned amount. The Bureau of Indian 

12 Affairs shall continue to retain primary responsibility, in13 cluding annual funding request responsibility, for road 

14 maintenance programs on Indian reservations. The Sec15 retary shall ensure that funding made available under this 

16 subsection for maintenance of Indian reservation roads for 

17 each fiscal year is supplementary to and not in lieu of any 

18 obligation of funds by the Bureau of Indian Affairs for 

19 road maintenance programs on Indian reservations.’’. 

20 (f) SAFETY.— 

21 (1) ALLOCATIONS.—Section 202 of title 23, 

22 United States Code (as amended by subsection 

23 (c)(5)), is amended by adding at the end the fol24 lowing: 
337 

•S 732 PCS 

1 ‘‘(g) SAFETY.—Subject to paragraph (2), on October 

2 1 of each fiscal year, the Secretary shall allocate the sums 

3 authorized to be appropriated for the fiscal year for safety 

4 as follows: 

5 ‘‘(1) 12 percent to the Bureau of Reclamation. 

6 ‘‘(2) 18 percent to the Bureau of Indian Af7 fairs. 

8 ‘‘(3) 17 percent to the Bureau of Land Man9 agement. 

10 ‘‘(4) 17 percent to the Forest Service. 

11 ‘‘(5) 7 percent to the United States Fish and 

12 Wildlife Service. 

13 ‘‘(6) 17 percent to the National Park Service. 

14 ‘‘(7) 12 percent to the Corps of Engineers.’’. 

15 (2) AVAILABILITY OF FUNDS.—Section 203 of 

16 title 23, United States Code, is amended by insert17 ing ‘‘safety projects or activities,’’ after ‘‘refuge 

18 roads,’’ each place it appears. 

19 (3) USE OF FUNDING.—Section 204 of title 23, 

20 United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘(l) SAFETY ACTIVITIES.— 

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

24 provision of this title, funds made available for safe25 ty under this title shall be used by the Secretary and 
338 

•S 732 PCS 

1 the head of the appropriate Federal land manage2 ment agency only to pay the costs of carrying out— 

3 ‘‘(A) transportation safety improvement 

4 activities; 

5 ‘‘(B) activities to eliminate high-accident 

6 locations; 

7 ‘‘(C) projects to implement protective 

8 measures at, or eliminate, at-grade railway9 highway crossings; 

10 ‘‘(D) collection of safety information; 

11 ‘‘(E) transportation planning projects or 

12 activities; 

13 ‘‘(F) bridge inspection; 

14 ‘‘(G) development and operation of safety 

15 management systems; 

16 ‘‘(H) highway safety education programs; 

17 and 

18 ‘‘(I) other eligible safety projects and ac19 tivities authorized under chapter 4. 

20 ‘‘(2) CONTRACTS.—In carrying out paragraph 

21 (1), the Secretary and the Secretary of the appro22 priate Federal land management agency may enter 

23 into contracts or agreements with— 

24 ‘‘(A) a State; 

25 ‘‘(B) a political subdivision of a State; or 
339 

•S 732 PCS 

1 ‘‘(C) an Indian tribe. 

2 ‘‘(3) EXCEPTION.—The cost sharing require3 ments under the Federal Water Project Recreation 

4 Act (16 U.S.C. 460l–12 et seq.) shall not apply to 

5 funds made available to the Bureau of Reclamation 

6 under this subsection.’’. 

7 (g) RECREATION ROADS.— 

8 (1) AUTHORIZATIONS.—Section 201 of title 23, 

9 United States Code, is amended in the first sentence 

10 by inserting ‘‘recreation roads,’’ after ‘‘public lands 

11 highways,’’. 

12 (2) ALLOCATIONS.—Section 202 of title 23, 

13 United States Code (as amended by subsection 

14 (f)(1)), is amended by adding at the end the fol15 lowing: 

16 ‘‘(h) RECREATION ROADS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

18 and (3), on October 1 of each fiscal year, the Sec19 retary, after completing the transfer under sub20 section 204(i), shall allocate the sums authorized to 

21 be appropriated for the fiscal year for recreation 

22 roads as follows: 

23 ‘‘(A) 8 percent to the Bureau of Reclama24 tion. 

25 ‘‘(B) 9 percent to the Corps of Engineers. 
340 

•S 732 PCS 

1 ‘‘(C) 13 percent to the Bureau of Land 

2 Management. 

3 ‘‘(D) 70 percent to the Forest Service. 

4 ‘‘(2) ALLOCATION WITHIN AGENCIES.—Recre5 ation road funds allocated to a Federal agency under 

6 paragraph (1) shall be allocated for projects and ac7 tivities of the Federal agency according to the rel8 ative needs of each area served by recreation roads 

9 under the jurisdiction of the Federal agency, as indi10 cated in the approved transportation improvement 

11 program for each Federal agency.’’. 

12 (3) AVAILABILITY OF FUNDS.—Section 203 of 

13 title 23, United States Code, is amended— 

14 (A) in the first sentence, by inserting 

15 ‘‘recreation roads,’’ after ‘‘Indian reservation 

16 roads,’’; and 

17 (B) in the fourth sentence, by inserting ‘‘, 

18 recreation roads,’’ after ‘‘Indian roads’’. 

19 (4) USE OF FUNDING.—Section 204 of title 23, 

20 United States Code (as amended by subsection 

21 (e)(3)), is amended by adding at the end the fol22 lowing: 

23 ‘‘(m) RECREATION ROADS.— 

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

25 provision of this title, funds made available for 
341 

•S 732 PCS 

1 recreation roads under this title shall be used by the 

2 Secretary and the Secretary of the appropriate Fed3 eral land management agency only to pay the cost 

4 of— 

5 ‘‘(A) maintenance or improvements of ex6 isting recreation roads; 

7 ‘‘(B) maintenance and improvements of eli8 gible projects described in paragraph (1), (2), 

9 (3), (5), or (6) of subsection (h) that are lo10 cated in or adjacent to Federal land under the 

11 jurisdiction of— 

12 ‘‘(i) the Department of Agriculture; or 

13 ‘‘(ii) the Department of the Interior; 

14 ‘‘(C) transportation planning and adminis15 trative activities associated with those mainte16 nance and improvements; and 

17 ‘‘(D) the non-Federal share of the cost of 

18 any project funded under this title or chapter 

19 53 of title 49 that provides access to or within 

20 Federal land described in subparagraph (B). 

21 ‘‘(2) CONTRACTS.—In carrying out paragraph 

22 (1), the Secretary and the Secretary of the appro23 priate Federal land management agency may enter 

24 into contracts or agreements with— 

25 ‘‘(A) a State; 
342 

•S 732 PCS 

1 ‘‘(B) a political subdivision of a State; or 

2 ‘‘(C) an Indian tribe. 

3 ‘‘(3) NEW ROADS.—No funds made available 

4 under this section shall be used to pay the cost of 

5 the design or construction of new recreation roads. 

6 ‘‘(4) COMPLIANCE WITH OTHER ENVIRON7 MENTAL LAWS.—A maintenance or improvement 

8 project that is funded under this subsection, and 

9 that is consistent with or has been identified in a 

10 land use plan for an area under the jurisdiction of 

11 a Federal agency, shall not require any additional 

12 environmental reviews or assessments under the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 

14 4321 et seq.) if— 

15 ‘‘(A) the Federal agency that promulgated 

16 the land use plan analyzed the specific proposal 

17 for the maintenance or improvement project 

18 under that Act; and 

19 ‘‘(B) as of the date on which the funds are 

20 to be expended, there are— 

21 ‘‘(i) no significant changes to the pro22 posal bearing on environmental concerns; 

23 and 

24 ‘‘(ii) no significant new information. 
343 

•S 732 PCS 

1 ‘‘(5) EXCEPTION.—The cost sharing require2 ments under the Federal Water Project Recreation 

3 Act (16 U.S.C. 460l–12 et seq.) shall not apply to 

4 funds made available to the Bureau of Reclamation 

5 under this subsection.’’. 

6 (h) CONFORMING AMENDMENTS.— 

7 (1) Sections 120(e) and 125(e) of title 23, 

8 United States Code, are amended by striking ‘‘public 

9 lands highways,’’ each place it appears and inserting 

10 ‘‘public lands highways, recreation roads,’’. 

11 (2) Sections 120(e), 125(e), 201, 202(a), and 

12 203 of title 23, United States Code, are amended by 

13 striking ‘‘forest development roads’’ each place it ap14 pears and inserting ‘‘National Forest System 

15 roads’’. 

16 (3) Section 202(e) of title 23, United States 

17 Code, is amended by striking ‘‘Refuge System,’’ and 

18 inserting ‘‘Refuge System and the various national 

19 fish hatcheries,’’. 

20 (4) Section 204 of title 23, United States Code, 

21 is amended— 

22 (A) in subsection (a)(1), by striking ‘‘pub23 lic lands highways,’’ and inserting ‘‘public lands 

24 highways, recreation roads, forest highways,’’; 

25 and 
344 

•S 732 PCS 

1 (B) in subsection (i), by striking ‘‘public 

2 lands highways’’ each place it appears and in3 serting ‘‘public lands highways, recreation 

4 roads, and forest highways’’. 

5 (5) Section 205 of title 23, United States Code, 

6 is amended— 

7 (A) by striking the section heading and in8 serting the following: 

9 ‘‘§ 205. National Forest System roads and trails’’; 

10 and 

11 (B) in subsections (a) and (d), by striking 

12 ‘‘forest development roads’’ each place it ap13 pears and inserting ‘‘National Forest System 

14 roads’’. 

15 (6) The analysis for chapter 2 of title 23, 

16 United States Code, is amended by striking the item 

17 relating to section 205 and inserting the following: 

‘‘205. National Forest System roads and trails.’’. 

18 (7) Section 217(c) of title 23, United States 

19 Code, is amended by inserting ‘‘refuge roads,’’ after 

20 ‘‘Indian reservation roads,’’. 

21 SEC. 1807. HIGHWAY BRIDGE PROGRAM. 

22 (a) IN GENERAL.—Section 144 of title 23, United 

23 States Code, 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 ‘‘§ 144. Highway bridge program 

5 ‘‘(a) CONGRESSIONAL STATEMENT.—Congress finds 

6 and declares that it is in the vital interest of the United 

7 States that a highway bridge program be established to 

8 enable States to improve the condition of their bridges 

9 through replacement, rehabilitation, and systematic pre10 ventative maintenance on highway bridges over waterways, 

11 other topographical barriers, other highways, or railroads 

12 at any time at which the States and the Secretary deter13 mine that a bridge is unsafe because of structural defi14 ciencies, physical deterioration, or functional obsoles15 cence.’’; 

16 (2) by striking subsection (d) and inserting the 

17 following: 

18 ‘‘(d) PARTICIPATION IN PROGRAM.— 

19 ‘‘(1) IN GENERAL.—On application by a State 

20 to the Secretary for assistance in replacing or reha21 bilitating a highway bridge that has been determined 

22 to be eligible for replacement or rehabilitation under 

23 subsection (b) or (c), the Secretary may approve 

24 Federal participation in— 
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1 ‘‘(A) replacing the bridge with a com2 parable bridge; or 

3 ‘‘(B) rehabilitating the bridge. 

4 ‘‘(2) SPECIFIC KINDS OF REHABILITATION.— 

5 On application by a State to the Secretary for as6 sistance in painting, seismic retrofit, or preventative 

7 maintenance of, or installation of scour counter8 measures or applying calcium magnesium acetate, 

9 sodium acetate/formate, or other environmentally ac10 ceptable, minimally corrosive anti-icing and de-icing 

11 compositions to, the structure of a highway bridge, 

12 the Secretary may approve Federal participation in 

13 the painting, seismic retrofit, or preventative mainte14 nance of, or installation of scour countermeasures or 

15 application of acetate or sodium acetate/formate or 

16 such anti-icing or de-icing composition to, the struc17 ture. 

18 ‘‘(3) ELIGIBILITY.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the Secretary shall deter21 mine the eligibility of highway bridges for re22 placement or rehabilitation for each State based 

23 on the number of unsafe highway bridges in the 

24 State. 
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1 ‘‘(B) PREVENTATIVE MAINTENANCE.—A 

2 State may carry out a project for preventative 

3 maintenance on a bridge, seismic retrofit of a 

4 bridge, or installation of scour countermeasures 

5 to a bridge under this section without regard to 

6 whether the bridge is eligible for replacement or 

7 rehabilitation under this section.’’; 

8 (3) in subsection (e)— 

9 (A) in the third sentence, by striking 

10 ‘‘square footage’’ and inserting ‘‘area’’; 

11 (B) in the fourth sentence— 

12 (i) by striking ‘‘by the total cost of 

13 any highway bridges constructed under 

14 subsection (m) in such State, relating to 

15 replacement of destroyed bridges and fer16 ryboat services, and,’’; and 

17 (ii) by striking ‘‘1997’’ and inserting 

18 ‘‘2003’’; and 

19 (C) in the seventh sentence, by striking 

20 ‘‘the Federal-aid primary system’’ and inserting 

21 ‘‘Federal-aid highways’’; 

22 (4) by striking subsections (f) and (g) and in23 serting the following: 

24 ‘‘(f) SET ASIDES.— 

25 ‘‘(1) DISCRETIONARY BRIDGE PROGRAM.— 
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1 ‘‘(A) IN GENERAL.—Of the amounts au2 thorized to be appropriated to carry out the 

3 bridge program under this section for each of 

4 fiscal years 2005 through 2009, all but 

5 $133,962,264 shall be apportioned as provided 

6 in subsection (e). 

7 ‘‘(B) AVAILABILITY.—The $133,962,264 

8 referred to in subparagraph (A) shall be avail9 able at the discretion of the Secretary, except 

10 that not to exceed $22,327,044 of that amount 

11 shall be available only for projects for the seis12 mic retrofit of bridges. 

13 ‘‘(C) SET ASIDES.—For fiscal year 2005, 

14 the Secretary shall provide— 

15 ‘‘(i) $44,654,088 to the State of Ne16 vada for construction of a replacement of 

17 the federally-owned bridge over the Hoover 

18 Dam in the Lake Mead National Recre19 ation Area; and 

20 ‘‘(ii) $44,654,088 to the State of Mis21 souri for construction of a structure over 

22 the Mississippi River to connect the city of 

23 St. Louis, Missouri, to the State of Illinois. 

24 ‘‘(2) OFF-SYSTEM BRIDGES.— 
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1 ‘‘(A) IN GENERAL.—Not less than 15 per2 cent of the amount apportioned to each State in 

3 each of fiscal years 2005 through 2009 shall be 

4 expended for projects to replace, rehabilitate, 

5 perform systematic preventative maintenance or 

6 seismic retrofit, or apply calcium magnesium 

7 acetate, sodium acetate/formate, or other envi8 ronmentally acceptable, minimally corrosive 

9 anti-icing and de-icing compositions or install 

10 scour countermeasures to highway bridges lo11 cated on public roads, other than those on a 

12 Federal-aid highway, or to complete the War13 wick Intermodal Station (including the con14 struction of a people mover between the Station 

15 and the T.F. Green Airport). 

16 ‘‘(B) REDUCTION OF EXPENDITURES.— 

17 The Secretary, after consultation with State 

18 and local officials, may, with respect to the 

19 State, reduce the requirement for expenditure 

20 for bridges not on a Federal-aid highway if the 

21 Secretary determines that the State has inad22 equate needs to justify the expenditure.’’; 

23 (5) in subsection (i)— 

24 (A) in paragraph (3), by striking ‘‘and’’; 
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1 (B) in paragraph (4), by striking the pe2 riod at the end and inserting ‘‘; and’’; 

3 (C) by striking ‘‘Such reports’’ and all that 

4 follows through ‘‘to Congress.’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(5) biennially submit such reports as are re7 quired under this subsection to the appropriate com8 mittees of Congress simultaneously with the report 

9 required by section 502(g).’’; 

10 (6) in the first sentence of subsection (n), by 

11 striking ‘‘all standards’’ and inserting ‘‘all general 

12 engineering standards’’; 

13 (7) in subsection (o)— 

14 (A) in paragraph (3)— 

15 (i) by striking ‘‘title (including this 

16 section)’’ and inserting ‘‘section’’; and 

17 (ii) by inserting ‘‘200 percent of’’ 

18 after ‘‘shall not exceed’’; and 

19 (B) in paragraph (4)(B)— 

20 (i) in the second sentence, by insert21 ing ‘‘200 percent of’’ after ‘‘not to exceed’’; 

22 and 

23 (ii) in the last sentence, by striking 

24 ‘‘title’’ and inserting ‘‘section’’; 
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1 (8) by redesignating subsections (h) through (q) 

2 as subsections (g) through (p), respectively; and 

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

4 ‘‘(q) CONTINUATION OF ANNUAL MATERIALS RE5 PORT ON NEW BRIDGE CONSTRUCTION AND BRIDGE RE6 HABILITATION.—Not later than 1 year after the date of 

7 enactment of this subsection, and annually thereafter, the 

8 Secretary shall publish in the Federal Register a report 

9 describing construction materials used in new Federal-aid 

10 bridge construction and bridge rehabilitation projects. 

11 ‘‘(r) FEDERAL SHARE.—The Federal share of the 

12 cost of a project payable from funds made available to 

13 carry out this section shall be the share applicable under 

14 section 120(b), as adjusted under subsection (d) of that 

15 section.’’. 

16 (b) CONFORMING AMENDMENT.—The analysis for 

17 subchapter I of chapter 1 of title 23, United States Code, 

18 is amended by striking the item relating to section 144 

19 and inserting the following: 

‘‘144. Highway bridge program.’’. 

20 SEC. 1808. APPALACHIAN DEVELOPMENT HIGHWAY SYS21 TEM. 

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

23 23, United States Code (as amended by section 1702(a)), 

24 is amended by adding at the end the following: 
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1 ‘‘§ 170. Appalachian development highway system 

2 ‘‘(a) APPORTIONMENT.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall appor4 tion funds made available under section 1101(7) of 

5 the Safe, Accountable, Flexible, and Efficient Trans6 portation Equity Act of 2005 for fiscal years 2005 

7 through 2009 among States based on the latest 

8 available estimate of the cost to construct highways 

9 and access roads for the Appalachian development 

10 highway system program prepared by the Appa11 lachian Regional Commission under section 14501 of 

12 title 40. 

13 ‘‘(2) AVAILABILITY.—Funds described in para14 graph (1) shall be available to construct highways 

15 and access roads under chapter 145 of title 40. 

16 ‘‘(b) APPLICABILITY OF TITLE.—Funds made avail17 able under section 1101(7) of the Safe, Accountable, 

18 Flexible, and Efficient Transportation Equity Act of 2005 

19 for the Appalachian development highway system shall be 

20 available for obligation in the same manner as if the funds 

21 were apportioned under this chapter, except that— 

22 ‘‘(1) the Federal share of the cost of any 

23 project under this section shall be determined in ac24 cordance with subtitle IV of title 40; and 

25 ‘‘(2) the funds shall remain available until ex26 pended.’’. 
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1 (b) CONFORMING AMENDMENTS.— 

2 (1) USE OF TOLL CREDITS.—Section 120(j)(1) 

3 of title 23, United States Code is amended by insert4 ing ‘‘and the Appalachian development highway sys5 tem program under subtitle IV of title 40’’ after 

6 ‘‘(other than the emergency relief program author7 ized by section 125’’. 

8 (2) ANALYSIS.—The analysis of chapter 1 of 

9 title 23, United States Code (as amended by section 

10 1702(b)), is amended by adding at the end the fol11 lowing: 

‘‘170. Appalachian development highway system.’’. 

12 SEC. 1809. MULTISTATE CORRIDOR PROGRAM. 

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

14 23, United States Code (as amended by 1808(a)), is 

15 amended by adding at the end the following: 

16 ‘‘§ 171. Multistate corridor program 

17 ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Sec18 retary shall carry out a program to— 

19 ‘‘(1) support and encourage multistate trans20 portation planning and development; and 

21 ‘‘(2) facilitate transportation decisionmaking 

22 and coordinate project delivery involving multistate 

23 corridors. 
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1 ‘‘(b) ELIGIBLE RECIPIENTS.—A State transportation 

2 department and a metropolitan planning organization may 

3 receive and administer funds provided under this section. 

4 ‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary shall 

5 make allocations under this program for multistate high6 way and multimodal planning studies and construction. 

7 ‘‘(d) OTHER PROVISIONS REGARDING ELIGI8 BILITY.— 

9 ‘‘(1) STUDIES.—All studies funded under this 

10 program shall be consistent with the continuing, co11 operative, and comprehensive planning processes re12 quired by sections 134 and 135. 

13 ‘‘(2) CONSTRUCTION.—All construction funded 

14 under this program shall be consistent with section 

15 133(b)(1). 

16 ‘‘(e) SELECTION CRITERIA.—The Secretary shall se17 lect studies and projects to be carried out under the pro18 gram based on— 

19 ‘‘(1) the existence and significance of signed 

20 and binding multijurisdictional agreements; 

21 ‘‘(2) endorsement of the study or project by ap22 plicable elected State and local representatives; 

23 ‘‘(3) prospects for early completion of the study 

24 or project; or 
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1 ‘‘(4) whether the projects to be studied or con2 structed are located on corridors identified by sec3 tion 1105(c) of the Intermodal Surface Transpor4 tation Efficiency Act of 1991 (Public Law 102-240; 

5 105 Stat. 2032). 

6 ‘‘(f) PROGRAM PRIORITIES.—In administering the 

7 program, the Secretary shall— 

8 ‘‘(1) encourage and enable States and other ju9 risdictions to work together to develop plans for 

10 multimodal and multijurisdictional transportation 

11 decisionmaking; and 

12 ‘‘(2) give priority to studies or projects that em13 phasize multimodal planning, including planning for 

14 operational improvements that— 

15 ‘‘(A) increase— 

16 ‘‘(i) mobility; 

17 ‘‘(ii) freight productivity; 

18 ‘‘(iii) access to marine or inland ports; 

19 ‘‘(iv) safety and security; and 

20 ‘‘(v) reliability; and 

21 ‘‘(B) enhance the environment. 

22 ‘‘(g) FEDERAL SHARE.—Except as provided in sec23 tion 120, the Federal share of the cost of a study or 

24 project carried out under the program, using funds from 

25 all Federal sources, shall be 80 percent. 
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1 ‘‘(h) APPLICABILITY.—Funds authorized to be appro2 priated under section 1101(10) of the Safe, Accountable, 

3 Flexible, and Efficient Transportation Equity Act of 2005 

4 to carry out this section shall be available for obligation 

5 in the same manner as if the funds were apportioned 

6 under this chapter.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 subchapter I of chapter 1 of title 23, United States Code 

9 (as amended by section 1809(b)) is amended by adding 

10 at the end the following: 

‘‘171. Multistate corridor program.’’. 

11 SEC. 1810. BORDER PLANNING, OPERATIONS, TECH12 NOLOGY, AND CAPACITY PROGRAM. 

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

14 23, United States Code (as amended by section 1809(a)), 

15 is amended by adding at the end the following: 

16 ‘‘§ 172. Border planning, operations, technology, and 

17 capacity program 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) BORDER STATE.—The term ‘border State’ 

20 means any of the States of Alaska, Arizona, Cali21 fornia, Idaho, Maine, Michigan, Minnesota, Mon22 tana, New Hampshire, New Mexico, New York, 

23 North Dakota, Texas, Vermont, and Washington. 
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1 ‘‘(2) PROGRAM.—The term ‘program’ means 

2 the border planning, operations, technology, and ca3 pacity program established under subsection (b). 

4 ‘‘(b) ESTABLISHMENT AND PURPOSE.—The Sec5 retary shall establish and carry out a border planning, op6 erations, technology, and capacity improvement program 

7 to support coordination and improvement in bi-national 

8 transportation planning, operations, efficiency, informa9 tion exchange, safety, and security at the international 

10 borders of the United States with Canada and Mexico. 

11 ‘‘(c) ELIGIBLE ACTIVITIES.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall make 

13 allocations under the program for projects to carry 

14 out eligible activities described in paragraph (2) at 

15 or near international land borders in border States. 

16 ‘‘(2) ELIGIBLE ACTIVITIES.—A border State 

17 may obligate funds apportioned to the border State 

18 under this section for— 

19 ‘‘(A) highway and multimodal planning or 

20 environmental studies; 

21 ‘‘(B) cross-border port of entry and safety 

22 inspection improvements, including operational 

23 enhancements and technology applications; 

24 ‘‘(C) technology and information exchange 

25 activities; and 
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1 ‘‘(D) right-of-way acquisition, design, and 

2 construction, as needed— 

3 ‘‘(i) to implement the enhancements 

4 or applications described in subparagraphs 

5 (B) and (C); 

6 ‘‘(ii) to decrease air pollution emis7 sions from vehicles or inspection facilities 

8 at border crossings; or 

9 ‘‘(iii) to increase highway capacity at 

10 or near international borders. 

11 ‘‘(d) OTHER PROVISIONS REGARDING ELIGI12 BILITY.— 

13 ‘‘(1) IN GENERAL.—Each project funded under 

14 the program shall be carried out in accordance with 

15 the continuing, cooperative, and comprehensive plan16 ning processes required by sections 134 and 135. 

17 ‘‘(2) REGIONALLY SIGNIFICANT PROJECTS.—To 

18 be funded under the program, a regionally signifi19 cant project shall be included on the applicable 

20 transportation plan and program required by sec21 tions 134 and 135. 

22 ‘‘(e) PROGRAM PRIORITIES.—Border States shall 

23 give priority to projects that emphasize— 

24 ‘‘(1) multimodal planning; 

25 ‘‘(2) improvements in infrastructure; and 
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1 ‘‘(3) operational improvements that— 

2 ‘‘(A) increase safety, security, freight ca3 pacity, or highway access to rail, marine, and 

4 air services; and 

5 ‘‘(B) enhance the environment. 

6 ‘‘(f) MANDATORY PROGRAM.— 

7 ‘‘(1) IN GENERAL.—For each fiscal year, the 

8 Secretary shall allocate among border States, in ac9 cordance with the formula described in paragraph 

10 (2), funds to be used in accordance with subsection 

11 (d). 

12 ‘‘(2) FORMULA.—Subject to paragraph (3), the 

13 amount allocated to a border State under this para14 graph shall be determined by the Secretary, as fol15 lows: 

16 ‘‘(A) 25 percent in the ratio that— 

17 ‘‘(i) the average annual weight of all 

18 cargo entering the border State by com19 mercial vehicle across the international 

20 border with Canada or Mexico, as the case 

21 may be; bears to 

22 ‘‘(ii) the average annual weight of all 

23 cargo entering all border States by com24 mercial vehicle across the international 

25 borders with Canada and Mexico. 
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1 ‘‘(B) 25 percent in the ratio that— 

2 ‘‘(i) the average trade value of all 

3 cargo imported into the border State and 

4 all cargo exported from the border State 

5 by commercial vehicle across the inter6 national border with Canada or Mexico, as 

7 the case may be; bears to 

8 ‘‘(ii) the average trade value of all 

9 cargo imported into all border States and 

10 all cargo exported from all border States 

11 by commercial vehicle across the inter12 national borders with Canada and Mexico. 

13 ‘‘(C) 25 percent in the ratio that— 

14 ‘‘(i) the number of commercial vehi15 cles annually entering the border State 

16 across the international border with Can17 ada or Mexico, as the case may be; bears 

18 to 

19 ‘‘(ii) the number of all commercial ve20 hicles annually entering all border States 

21 across the international borders with Can22 ada and Mexico. 

23 ‘‘(D) 25 percent in the ratio that— 

24 ‘‘(i) the number of passenger vehicles 

25 annually entering the border State across 
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1 the international border with Canada or 

2 Mexico, as the case may be; bears to 

3 ‘‘(ii) the number of all passenger vehi4 cles annually entering all border States 

5 across the international borders with Can6 ada and Mexico. 

7 ‘‘(3) DATA SOURCE.— 

8 ‘‘(A) IN GENERAL.—The data used by the 

9 Secretary in making allocations under this sub10 section shall be based on the Bureau of Trans11 portation Statistics Transborder Surface 

12 Freight Dataset (or other similar database). 

13 ‘‘(B) BASIS OF CALCULATION.—All for14 mula calculations shall be made using the aver15 age values for the most recent 5-year period for 

16 which data are available. 

17 ‘‘(4) MINIMUM ALLOCATION.—Notwithstanding 

18 paragraph (2), for each fiscal year, each border 

State shall receive at least 1 19 ⁄2 of 1 percent of the 

20 funds made available for allocation under this para21 graph for the fiscal year. 

22 ‘‘(g) FEDERAL SHARE.—Except as provided in sec23 tion 120, the Federal share of the cost of a project carried 

24 out under the program shall be 80 percent. 
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1 ‘‘(h) OBLIGATION.—Funds made available under sec2 tion 1101(11) of the Safe, Accountable, Flexible, and Effi3 cient Transportation Equity Act of 2005 to carry out the 

4 program shall be available for obligation in the same man5 ner as if the funds were apportioned under this chapter. 

6 ‘‘(i) INFORMATION EXCHANGE.—No individual 

7 project the scope of work of which is limited to informa8 tion exchange shall receive an allocation under the pro9 gram in an amount that exceeds $500,000 for any fiscal 

10 year. 

11 ‘‘(j) PROJECTS IN CANADA OR MEXICO.—A project 

12 in Canada or Mexico, proposed by a border State to di13 rectly and predominantly facilitate cross-border vehicle 

14 and commercial cargo movements at an international gate15 way or port of entry into the border region of the State, 

16 may be constructed using funds made available under the 

17 program if, before obligation of those funds, Canada or 

18 Mexico, or the political subdivision of Canada or Mexico 

19 that is responsible for the operation of the facility to be 

20 constructed, provides assurances satisfactory to the Sec21 retary that any facility constructed under this subsection 

22 will be— 

23 ‘‘(1) constructed in accordance with standards 

24 equivalent to applicable standards in the United 

25 States; and 
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1 ‘‘(2) properly maintained and used over the 

2 useful life of the facility for the purpose for which 

3 the Secretary allocated funds to the project. 

4 ‘‘(k) TRANSFER OF FUNDS TO THE GENERAL SERV5 ICES ADMINISTRATION.— 

6 ‘‘(1) STATE FUNDS.—At the request of a bor7 der State, funds made available under the program 

8 may be transferred to the General Services Adminis9 tration for the purpose of funding 1 or more specific 

10 projects if— 

11 ‘‘(A) the Secretary determines, after con12 sultation with the State transportation depart13 ment of the border State, that the General 

14 Services Administration should carry out the 

15 project; and 

16 ‘‘(B) the General Services Administration 

17 agrees to accept the transfer of, and to admin18 ister, those funds. 

19 ‘‘(2) NON-FEDERAL SHARE.— 

20 ‘‘(A) IN GENERAL.—A border State that 

21 makes a request under paragraph (1) shall pro22 vide directly to the General Services Adminis23 tration, for each project covered by the request, 

24 the non-Federal share of the cost of each 

25 project described in subsection (f). 
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1 ‘‘(B) NO AUGMENTATION OF APPROPRIA2 TIONS.—Funds provided by a border State 

3 under subparagraph (A)— 

4 ‘‘(i) shall not be considered to be an 

5 augmentation of the appropriations made 

6 available to the General Services Adminis7 tration; and 

8 ‘‘(ii) shall be— 

9 ‘‘(I) administered in accordance 

10 with the procedures of the General 

11 Services Administration; but 

12 ‘‘(II) available for obligation in 

13 the same manner as if the funds were 

14 apportioned under this chapter. 

15 ‘‘(C) OBLIGATION AUTHORITY.—Obligation 

16 authority shall be transferred to the General 

17 Services Administration in the same manner 

18 and amount as the funds provided for projects 

19 under subparagraph (A). 

20 ‘‘(3) DIRECT TRANSFER OF AUTHORIZED

21 FUNDS.— 

22 ‘‘(A) IN GENERAL.—In addition to alloca23 tions to States and metropolitan planning orga24 nizations under subsection (c), the Secretary 

25 may transfer funds made available to carry out 
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1 this section to the General Services Administra2 tion for construction of transportation infra3 structure projects at or near the border in bor4 der States, if— 

5 ‘‘(i) the Secretary determines that the 

6 transfer is necessary to effectively carry 

7 out the purposes of this program; and 

8 ‘‘(ii) the General Services Administra9 tion agrees to accept the transfer of, and 

10 to administer, those funds. 

11 ‘‘(B) NO AUGMENTATION OF APPROPRIA12 TIONS.—Funds transferred by the Secretary 

13 under subparagraph (A)— 

14 ‘‘(i) shall not be considered to be an 

15 augmentation of the appropriations made 

16 available to the General Services Adminis17 tration; and 

18 ‘‘(ii) shall be— 

19 ‘‘(I) administered in accordance 

20 with the procedures of the General 

21 Services Administration; but 

22 ‘‘(II) available for obligation in 

23 the same manner as if the funds were 

24 apportioned under this chapter. 
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1 ‘‘(C) OBLIGATION AUTHORITY.—Obligation 

2 authority shall be transferred to the General 

3 Services Administration in the same manner 

4 and amount as the funds transferred under 

5 subparagraph (A).’’. 

6 (b) CONFORMING AMENDMENT.—The analysis for 

7 subchapter I of chapter 1 of title 23, United States Code 

8 (as amended by section 1809(b)), is amended by adding 

9 at the end the following: 

‘‘172. Border planning, operations, and technology program.’’. 

10 SEC. 1811. PUERTO RICO HIGHWAY PROGRAM. 

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

12 23, United States Code (as amended by section 1810(a)), 

13 is amended by adding at the end the following: 

14 ‘‘§ 173. Puerto Rico highway program 

15 ‘‘(a) IN GENERAL.—The Secretary shall allocate 

16 funds authorized by section 1101(15) of the Safe, Ac17 countable, Flexible, and Efficient Transportation Equity 

18 Act of 2005 for each of fiscal years 2005 through 2009 

19 to the Commonwealth of Puerto Rico to carry out a high20 way program in the Commonwealth. 

21 ‘‘(b) APPLICABILITY OF TITLE.— 

22 ‘‘(1) IN GENERAL.—Amounts made available by 

23 section 1101(15) of the Safe, Accountable, Flexible, 

24 and Efficient Transportation Equity Act of 2005 

25 shall be available for obligation in the same manner 
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1 as if such funds were apportioned under this chap2 ter. 

3 ‘‘(2) LIMITATION ON OBLIGATIONS.—The 

4 amounts shall be subject to any limitation on obliga5 tions for Federal-aid highway and highway safety 

6 construction programs. 

7 ‘‘(c) TREATMENT OF FUNDS.—Amounts made avail8 able to carry out this section for a fiscal year shall be ad9 ministered as follows: 

10 ‘‘(1) APPORTIONMENT.—For the purpose of im11 posing any penalty under this title or title 49, the 

12 amounts shall be treated as being apportioned to 

13 Puerto Rico under sections 104(b) and 144, for each 

14 program funded under those sections in an amount 

15 determined by multiplying— 

16 ‘‘(A) the aggregate of the amounts for the 

17 fiscal year; by 

18 ‘‘(B) the ratio that— 

19 ‘‘(i) the amount of funds apportioned 

20 to Puerto Rico for each such program for 

21 fiscal year 1997; bears to 

22 ‘‘(ii) the total amount of funds appor23 tioned to Puerto Rico for all such pro24 grams for fiscal year 1997. 
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1 ‘‘(2) PENALTY.—The amounts treated as being 

2 apportioned to Puerto Rico under each section re3 ferred to in paragraph (1) shall be deemed to be re4 quired to be apportioned to Puerto Rico under that 

5 section for purposes of the imposition of any penalty 

6 under this title and title 49. 

7 ‘‘(3) EFFECT ON ALLOCATIONS AND APPOR8 TIONMENTS.—Subject to paragraph (2), nothing in 

9 this section affects any allocation under section 105 

10 and any apportionment under sections 104 and 

11 144.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis for 

13 subchapter I of chapter 1 of title 23, United States Code 

14 (as amended by section 1810(b)), is amended by adding 

15 at the end the following: 

‘‘173. Puerto Rico highway program.’’. 

16 SEC. 1812. NATIONAL HISTORIC COVERED BRIDGE PRESER17 VATION. 

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

19 23, United States Code (as amended by section 1811(a)), 

20 is amended by adding at the end the following: 

21 ‘‘§ 174. National historic covered bridge preservation 

22 ‘‘(a) DEFINITION OF HISTORIC COVERED BRIDGE.— 

23 In this section, the term ‘historic covered bridge’ means 

24 a covered bridge that is listed or eligible for listing on the 

25 National Register of Historic Places. 
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1 ‘‘(b) HISTORIC COVERED BRIDGE PRESERVATION.— 

2 Subject to the availability of appropriations, the Secretary 

3 shall— 

4 ‘‘(1) collect and disseminate information on his5 toric covered bridges; 

6 ‘‘(2) conduct educational programs relating to 

7 the history and construction techniques of historic 

8 covered bridges; 

9 ‘‘(3) conduct research on the history of historic 

10 covered bridges; and 

11 ‘‘(4) conduct research on, and study techniques 

12 for, protecting historic covered bridges from rot, fire, 

13 natural disasters, or weight-related damage. 

14 ‘‘(c) GRANTS.— 

15 ‘‘(1) IN GENERAL.—Subject to the availability 

16 of appropriations, the Secretary shall make a grant 

17 to a State that submits an application to the Sec18 retary that demonstrates a need for assistance in 

19 carrying out 1 or more historic covered bridge 

20 projects described in paragraph (2). 

21 ‘‘(2) ELIGIBLE PROJECTS.—A grant under 

22 paragraph (1) may be made for a project— 

23 ‘‘(A) to rehabilitate or repair a historic 

24 covered bridge; or 
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1 ‘‘(B) to preserve a historic covered bridge, 

2 including through— 

3 ‘‘(i) installation of a fire protection 

4 system, including a fireproofing or fire de5 tection system and sprinklers; 

6 ‘‘(ii) installation of a system to pre7 vent vandalism and arson; or 

8 ‘‘(iii) relocation of a bridge to a pres9 ervation site. 

10 ‘‘(3) AUTHENTICITY REQUIREMENTS.—A grant 

11 under paragraph (1) may be made for a project only 

12 if— 

13 ‘‘(A) to the maximum extent practicable, 

14 the project— 

15 ‘‘(i) is carried out in the most histori16 cally appropriate manner; and 

17 ‘‘(ii) preserves the existing structure 

18 of the historic covered bridge; and 

19 ‘‘(B) the project provides for the replace20 ment of wooden components with wooden com21 ponents, unless the use of wood is impracticable 

22 for safety reasons. 

23 ‘‘(4) FEDERAL SHARE.—Except as provided in 

24 section 120, the Federal share of the cost of a 
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1 project carried out with a grant under this sub2 section shall be 80 percent. 

3 ‘‘(d) FUNDING.—There is authorized to be appro4 priated to carry out this section $12,503,145 for each of 

5 fiscal years 2005 through 2009, to remain available until 

6 expended.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 subchapter I of chapter 1 of title 23, United States Code 

9 (as amended by section 1811(b)), is amended by adding 

10 at the end the following: 

‘‘174. National historic covered bridge preservation.’’. 

11 SEC. 1813. TRANSPORTATION AND COMMUNITY AND SYS12 TEM PRESERVATION PROGRAM. 

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

14 23, United States Code (as amended by section 1812(a)), 

15 is amended by adding at the end the following: 

16 ‘‘§ 175. Transportation and community and system 

17 preservation program 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab19 lish a comprehensive program to facilitate the planning, 

20 development, and implementation of strategies by States, 

21 metropolitan planning organizations, federally-recognized 

22 Indian tribes, and local governments to integrate transpor23 tation, community, and system preservation plans and 

24 practices that address the goals described in subsection 

25 (b). 
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1 ‘‘(b) GOALS.—The goals of the program are to— 

2 ‘‘(1) improve the efficiency of the transpor3 tation system in the United States; 

4 ‘‘(2) reduce the impacts of transportation on 

5 the environment; 

6 ‘‘(3) reduce the need for costly future invest7 ments in public infrastructure; 

8 ‘‘(4) provide efficient access to jobs, services, 

9 and centers of trade; and 

10 ‘‘(5) examine development patterns, and to 

11 identify strategies, to encourage private sector devel12 opment patterns that achieve the goals identified in 

13 paragraphs (1) through (4). 

14 ‘‘(c) ALLOCATION OF FUNDS FOR IMPLEMENTA15 TION.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall allo17 cate funds made available to carry out this sub18 section to States, metropolitan planning organiza19 tions, and local governments to carry out projects to 

20 address transportation efficiency and community 

21 and system preservation. 

22 ‘‘(2) CRITERIA.—In allocating funds made 

23 available to carry out this subsection, the Secretary 

24 shall give priority to applicants that— 
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1 ‘‘(A) have instituted preservation or devel2 opment plans and programs that— 

3 ‘‘(i) meet the requirements of this title 

4 and chapter 53 of title 49, United States 

5 Code; and 

6 ‘‘(ii)(I) are coordinated with State and 

7 local adopted preservation or development 

8 plans; 

9 ‘‘(II) are intended to promote cost-ef10 fective and strategic investments in trans11 portation infrastructure that minimize ad12 verse impacts on the environment; or 

13 ‘‘(III) are intended to promote innova14 tive private sector strategies. 

15 ‘‘(B) have instituted other policies to inte16 grate transportation and community and sys17 tem preservation practices, such as— 

18 ‘‘(i) spending policies that direct 

19 funds to high-growth areas; 

20 ‘‘(ii) urban growth boundaries to 

21 guide metropolitan expansion; 

22 ‘‘(iii) ‘green corridors’ programs that 

23 provide access to major highway corridors 

24 for areas targeted for efficient and com25 pact development; or 
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1 ‘‘(iv) other similar programs or poli2 cies as determined by the Secretary; 

3 ‘‘(C) have preservation or development 

4 policies that include a mechanism for reducing 

5 potential impacts of transportation activities on 

6 the environment; 

7 ‘‘(D) examine ways to encourage private 

8 sector investments that address the purposes of 

9 this section; and 

10 ‘‘(E) propose projects for funding that ad11 dress the purposes described in subsection 

12 (b)(2). 

13 ‘‘(3) EQUITABLE DISTRIBUTION.—In allocating 

14 funds to carry out this subsection, the Secretary 

15 shall ensure the equitable distribution of funds to a 

16 diversity of populations and geographic regions. 

17 ‘‘(4) USE OF ALLOCATED FUNDS.— 

18 ‘‘(A) IN GENERAL.—An allocation of funds 

19 made available to carry out this subsection shall 

20 be used by the recipient to implement the 

21 projects proposed in the application to the Sec22 retary. 

23 ‘‘(B) TYPES OF PROJECTS.—The allocation 

24 of funds shall be available for obligation for— 
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1 ‘‘(i) any project eligible for funding 

2 under this title or chapter 53 of title 49, 

3 United States Code; or 

4 ‘‘(ii) any other activity relating to 

5 transportation and community and system 

6 preservation that the Secretary determines 

7 to be appropriate, including corridor pres8 ervation activities that are necessary to im9 plement— 

10 ‘‘(I) transit-oriented development 

11 plans; 

12 ‘‘(II) traffic calming measures; or 

13 ‘‘(III) other coordinated trans14 portation and community and system 

15 preservation practices. 

16 ‘‘(d) FUNDING.— 

17 ‘‘(1) IN GENERAL.—There is authorized to be 

18 appropriated from the Highway Trust Fund (other 

19 than the Mass Transit Account) to carry out this 

20 section $44,654,088 for each of fiscal years 2005 

21 through 2009. 

22 ‘‘(2) CONTRACT AUTHORITY.—Funds author23 ized under this subsection shall be available for obli24 gation in the same manner as if the funds were ap25 portioned under this chapter.’’. 
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1 (b) ELIGIBLE PROJECTS.—Section 133(b) of title 23, 

2 United States Code (as amended by section 1701(a)), is 

3 amended by adding at the end the following: 

4 ‘‘(18) Transportation and community system 

5 preservation to facilitate the planning, development, 

6 and implementation of strategies of metropolitan 

7 planning organizations and local governments to in8 tegrate transportation, community, and system pres9 ervation plans and practices that address the fol10 lowing: 

11 ‘‘(A) Improvement of the efficiency of the 

12 transportation system in the United States. 

13 ‘‘(B) Reduction of the impacts of transpor14 tation on the environment. 

15 ‘‘(C) Reduction of the need for costly fu16 ture investments in public infrastructure. 

17 ‘‘(D) Provision of efficient access to jobs, 

18 services, and centers of trade. 

19 ‘‘(E) Examination of development pat20 terns, and identification of strategies to encour21 age private sector development patterns, that 

22 achieve the goals identified in subparagraphs 

23 (A) through (D). 

24 ‘‘(19) Projects relating to intersections, includ25 ing intersections— 
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1 ‘‘(A) that— 

2 ‘‘(i) have disproportionately high acci3 dent rates; 

4 ‘‘(ii) have high levels of congestion, as 

5 evidenced by— 

6 ‘‘(I) interrupted traffic flow at 

7 the intersection; and 

8 ‘‘(II) a level of service rating, 

9 issued by the Transportation Re10 search Board of the National Acad11 emy of Sciences in accordance with 

12 the Highway Capacity Manual, that is 

13 not better than ‘F’ during peak travel 

14 hours; and 

15 ‘‘(iii) are directly connected to or lo16 cated on a Federal-aid highway; and 

17 ‘‘(B) improvements that are approved in 

18 the regional plan of the appropriate local metro19 politan planning organization.’’. 

20 (c) CONFORMING AMENDMENT.—The analysis for 

21 subchapter I of chapter 1 of title 23, United States Code 

22 (as amended by section 1812(b)), is amended by adding 

23 at the end the following: 

‘‘175. Transportation and community and system preservation pilot program.’’. 
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1 SEC. 1814. PARKING PILOT PROGRAMS. 

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

3 23, United States Code (as amended by section 1813(a)), 

4 is amended by adding at the end the following: 

5 ‘‘§ 176. Parking pilot programs 

6 ‘‘(a) COMMERCIAL TRUCK PARKING PILOT PRO7 GRAM.— 

8 ‘‘(1) ESTABLISHMENT.—In cooperation with 

9 appropriate State, regional, and local governments, 

10 the Secretary shall establish a pilot program to ad11 dress the shortage of long-term parking for drivers 

12 of commercial motor vehicles on the National High13 way System. 

14 ‘‘(2) ALLOCATION OF FUNDS.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 allocate funds made available under this sub17 section to States, metropolitan planning organi18 zations, and local governments. 

19 ‘‘(B) CRITERIA.—In allocating funds under 

20 this subsection, the Secretary shall give priority 

21 to an applicant that— 

22 ‘‘(i) demonstrates a severe shortage of 

23 commercial vehicle parking capacity on the 

24 corridor to be addressed; 

25 ‘‘(ii) consults with affected State and 

26 local governments, community groups, pri-
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1 vate providers of commercial vehicle park2 ing, and motorist and trucking organiza3 tions; and 

4 ‘‘(iii) demonstrates that the project 

5 proposed by the applicant is likely to have 

6 a positive effect on highway safety, traffic 

7 congestion, or air quality. 

8 ‘‘(3) USE OF ALLOCATED FUNDS.— 

9 ‘‘(A) IN GENERAL.—A recipient of funds 

10 allocated under this subsection shall use the 

11 funds to carry out the project proposed in the 

12 application submitted by the recipient to the 

13 Secretary. 

14 ‘‘(B) TYPES OF PROJECTS.—Funds under 

15 this subsection shall be available for obligation 

16 for projects that serve the National Highway 

17 System, including— 

18 ‘‘(i) construction of safety rest areas 

19 that include parking for commercial motor 

20 vehicles; 

21 ‘‘(ii) construction of commercial motor 

22 vehicle parking facilities that are adjacent 

23 to commercial truck stops and travel pla24 zas; 
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1 ‘‘(iii) costs associated with the open2 ing of facilities (including inspection and 

3 weigh stations and park-and-ride facilities) 

4 to provide commercial motor vehicle park5 ing; 

6 ‘‘(iv) projects that promote awareness 

7 of the availability of public or private com8 mercial motor vehicle parking on the Na9 tional Highway System, including parking 

10 in connection with intelligent transpor11 tation systems and other systems; 

12 ‘‘(v) construction of turnouts along 

13 the National Highway System for commer14 cial motor vehicles; 

15 ‘‘(vi) capital improvements to public 

16 commercial motor vehicle truck parking fa17 cilities closed on a seasonal basis in order 

18 to allow the facilities to remain open year19 around; and 

20 ‘‘(vii) improvements to the geometric 

21 design at interchanges on the National 

22 Highway System to improve access to com23 mercial motor vehicle parking facilities. 

24 ‘‘(4) REPORT.—Not later than 5 years after the 

25 date of enactment of this section, the Secretary shall 
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1 submit to Congress a report on the results of the 

2 pilot program carried out under this subsection. 

3 ‘‘(5) FEDERAL SHARE.—The Federal share of 

4 the cost of a project carried out under this sub5 section shall be consistent with section 120. 

6 ‘‘(6) FUNDING.— 

7 ‘‘(A) IN GENERAL.—There is authorized to 

8 be appropriated from the Highway Trust Fund 

9 (other than the Mass Transit Account) to carry 

10 out this subsection $8,930,818 for each of fiscal 

11 years 2005 through 2009. 

12 ‘‘(B) CONTRACT AUTHORITY.—Funds au13 thorized under this paragraph shall be available 

14 for obligation in the same manner as if the 

15 funds were apportioned under this chapter. 

16 ‘‘(b) CORRIDOR AND FRINGE PARKING PILOT PRO17 GRAM.— 

18 ‘‘(1) ESTABLISHMENT.— 

19 ‘‘(A) IN GENERAL.—In cooperation with 

20 appropriate State, regional, and local govern21 ments, the Secretary shall carry out a pilot pro22 gram to provide corridor and fringe parking fa23 cilities. 

24 ‘‘(B) PRIMARY FUNCTION.—The primary 

25 function of a corridor and fringe parking facil-
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1 ity funded under this subsection shall be to pro2 vide parking capacity to support car pooling, 

3 van pooling, ride sharing, commuting, and high 

4 occupancy vehicle travel. 

5 ‘‘(C) OVERNIGHT PARKING.—A State may 

6 permit a facility described in subparagraph (B) 

7 to be used for the overnight parking of commer8 cial vehicles if the use does not foreclose or un9 duly limit the primary function of the facility 

10 described in subparagraph (B). 

11 ‘‘(2) ALLOCATION OF FUNDS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 allocate funds made available to carry out this 

14 subsection to States. 

15 ‘‘(B) CRITERIA.—In allocating funds under 

16 this subsection, the Secretary shall give priority 

17 to a State that— 

18 ‘‘(i) demonstrates demand for corridor 

19 and fringe parking on the corridor to be 

20 addressed; 

21 ‘‘(ii) consults with affected metropoli22 tan planning organizations, local govern23 ments, community groups, and providers of 

24 corridor and fringe parking; and 
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1 ‘‘(iii) demonstrates that the project 

2 proposed by the State is likely to have a 

3 positive effect on ride sharing, traffic con4 gestion, or air quality. 

5 ‘‘(3) USE OF ALLOCATED FUNDS.— 

6 ‘‘(A) IN GENERAL.—A recipient of funds 

7 allocated under this subsection shall use the 

8 funds to carry out the project proposed in the 

9 application submitted by the recipient to the 

10 Secretary. 

11 ‘‘(B) TYPES OF PROJECTS.—Funds under 

12 this subsection shall be available for obligation 

13 for projects that serve the Federal-aid system, 

14 including— 

15 ‘‘(i) construction of corridor and 

16 fringe parking facilities; 

17 ‘‘(ii) costs associated with the opening 

18 of facilities; 

19 ‘‘(iii) projects that promote awareness 

20 of the availability of corridor and fringe 

21 parking through the use of signage and 

22 other means; 

23 ‘‘(iv) capital improvements to corridor 

24 and fringe parking facilities closed on a 
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•S 732 PCS 

1 seasonal basis in order to allow the facili2 ties to remain open year-around; and 

3 ‘‘(v) improvements to the geometric 

4 design on adjoining roadways to facilitate 

5 access to, and egress from, corridor and 

6 fringe parking facilities. 

7 ‘‘(4) REPORT.—Not later than 5 years after the 

8 date of enactment of this section, the Secretary shall 

9 submit to Congress a report on the results of the 

10 pilot program carried out under this subsection. 

11 ‘‘(5) FEDERAL SHARE.—The Federal share of 

12 the cost of a project carried out under this sub13 section shall be consistent with section 120. 

14 ‘‘(6) FUNDING.— 

15 ‘‘(A) IN GENERAL.—There is authorized to 

16 be appropriated from the Highway Trust Fund 

17 (other than the Mass Transit Account) to carry 

18 out this subsection $8,930,818 for each of fiscal 

19 years 2005 through 2009. 

20 ‘‘(B) CONTRACT AUTHORITY.—Funds au21 thorized under this paragraph shall be available 

22 for obligation in the same manner as if the 

23 funds were apportioned under this chapter.’’. 

24 (b) CONFORMING AMENDMENT.—The analysis for 

25 subchapter I of chapter I of title 23, United States Code 
385 

•S 732 PCS 

1 (as amended by section 1813(c)), is amended by adding 

2 at the end the following: 

‘‘176. Parking pilot programs.’’. 

3 SEC. 1815. INTERSTATE OASIS PROGRAM. 

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

5 23, United States Code (as amended by section 1814(a)), 

6 is amended by adding at the end the following: 

7 ‘‘§ 177. Interstate oasis program 

8 ‘‘(a) IN GENERAL.—Not later than 180 days after 

9 the date of enactment of this section, in consultation with 

10 the States and other interested parties, the Secretary 

11 shall— 

12 ‘‘(1) establish an Interstate oasis program; and 

13 ‘‘(2) develop standards for designating, as an 

14 Interstate oasis, a facility that— 

15 ‘‘(A) offers— 

16 ‘‘(i) products and services to the pub17 lic; 

18 ‘‘(ii) 24-hour access to restrooms; and 

19 ‘‘(iii) parking for automobiles and 

20 heavy trucks; and 

21 ‘‘(B) meets other standards established by 

22 the Secretary. 

23 ‘‘(b) STANDARDS FOR DESIGNATION.—The stand24 ards for designation under subsection (a) shall include 

25 standards relating to— 
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•S 732 PCS 

1 ‘‘(1) the appearance of a facility; and 

2 ‘‘(2) the proximity of the facility to the Inter3 state System. 

4 ‘‘(c) ELIGIBILITY FOR DESIGNATION.—If a State 

5 elects to participate in the interstate oasis program, any 

6 facility meeting the standards established by the Secretary 

7 shall be eligible for designation under this section. 

8 ‘‘(d) LOGO.—The Secretary shall design a logo to be 

9 displayed by a facility designated under this section.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 subchapter I of chapter I of title 23, United States Code 

12 (as amended by section 1814(b)), is amended by adding 

13 at the end the following: 

‘‘177. Interstate oasis program.’’. 

14 SEC. 1816. TRIBAL-STATE ROAD MAINTENANCE AGREE15 MENTS. 

16 Section 204 of title 23, United States Code (as 

17 amended by section 1806(f)(4)), is amended by adding at 

18 the end the following: 

19 ‘‘(n) TRIBAL-STATE ROAD MAINTENANCE AGREE20 MENTS.— 

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

22 provision of law, regulation, policy, or guideline, an 

23 Indian tribe and a State may enter into a road 

24 maintenance agreement under which an Indian tribe 

25 assumes the responsibilities of the State for— 
387 

•S 732 PCS 

1 ‘‘(A) Indian reservation roads; and 

2 ‘‘(B) roads providing access to Indian res3 ervation roads. 

4 ‘‘(2) TRIBAL-STATE AGREEMENTS.—Agree5 ments entered into under paragraph (1)— 

6 ‘‘(A) shall be negotiated between the State 

7 and the Indian tribe; and 

8 ‘‘(B) shall not require the approval of the 

9 Secretary. 

10 ‘‘(3) ANNUAL REPORT.—Effective beginning 

11 with fiscal year 2005, the Secretary shall prepare 

12 and submit to Congress an annual report that iden13 tifies— 

14 ‘‘(A) the Indian tribes and States that 

15 have entered into agreements under paragraph 

16 (1); 

17 ‘‘(B) the number of miles of roads for 

18 which Indian tribes have assumed maintenance 

19 responsibilities; and 

20 ‘‘(C) the amount of funding transferred to 

21 Indian tribes for the fiscal year under agree22 ments entered into under paragraph (1).’’. 

23 SEC. 1817. NATIONAL FOREST SYSTEM ROADS. 

24 Section 205 of title 23, United States Code, is 

25 amended by adding at the end the following: 
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•S 732 PCS 

1 ‘‘(e) PASSAGES FOR AQUATIC SPECIES.—Of the 

2 amounts made available for National Forest System 

3 roads, $13,396,226 for each fiscal year shall be used by 

4 the Secretary of Agriculture to pay the costs of facilitating 

5 the passage of aquatic species beneath roads in the Na6 tional Forest System, including the costs of constructing, 

7 maintaining, replacing, or removing culverts and bridges, 

8 as appropriate.’’. 

9 SEC. 1818. TERRITORIAL HIGHWAY PROGRAM. 

10 (a) IN GENERAL.—Chapter 2 of title 23, United 

11 States Code, is amended by striking section 215 and in12 serting the following: 

13 ‘‘§ 215. Territorial highway program 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) PROGRAM.—The term ‘program’ means 

16 the territorial highway program established under 

17 subsection (b). 

18 ‘‘(2) TERRITORY.—The term ‘territory’ means 

19 the any of the following territories of the United 

20 States: 

21 ‘‘(A) American Samoa. 

22 ‘‘(B) The Commonwealth of the Northern 

23 Mariana Islands. 

24 ‘‘(C) Guam. 

25 ‘‘(D) The United States Virgin Islands. 
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•S 732 PCS 

1 ‘‘(b) PROGRAM.— 

2 ‘‘(1) IN GENERAL.—Recognizing the mutual 

3 benefits that will accrue to the territories and the 

4 United States from the improvement of highways in 

5 the territories, the Secretary may carry out a pro6 gram to assist each territorial government in the 

7 construction and improvement of a system of arte8 rial and collector highways, and necessary inter-is9 land connectors, that is— 

10 ‘‘(A) designated by the Governor or chief 

11 executive officer of each territory; and 

12 ‘‘(B) approved by the Secretary. 

13 ‘‘(2) FEDERAL SHARE.—The Secretary shall 

14 provide Federal financial assistance to territories 

15 under this section in accordance with section 120(h). 

16 ‘‘(c) TECHNICAL ASSISTANCE.— 

17 ‘‘(1) IN GENERAL.—To continue a long-range 

18 highway development program, the Secretary may 

19 provide technical assistance to the governments of 

20 the territories to enable the territories to, on a con21 tinuing basis— 

22 ‘‘(A) engage in highway planning; 

23 ‘‘(B) conduct environmental evaluations; 

24 ‘‘(C) administer right-of-way acquisition 

25 and relocation assistance programs; and 
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•S 732 PCS 

1 ‘‘(D) design, construct, operate, and main2 tain a system of arterial and collector highways, 

3 including necessary inter-island connectors. 

4 ‘‘(2) FORM AND TERMS OF ASSISTANCE.—Tech5 nical assistance provided under paragraph (1), and 

6 the terms for the sharing of information among ter7 ritories receiving the technical assistance, shall be 

8 included in the agreement required by subsection 

9 (e). 

10 ‘‘(d) NONAPPLICABILITY OF CERTAIN PROVISIONS.— 

11 ‘‘(1) IN GENERAL.—Except to the extent that 

12 provisions of chapter 1 are determined by the Sec13 retary to be inconsistent with the needs of the terri14 tories and the intent of the program, chapter 1 

15 (other than provisions of chapter 1 relating to the 

16 apportionment and allocation of funds) shall apply 

17 to funds authorized to be appropriated for the pro18 gram. 

19 ‘‘(2) APPLICABLE PROVISIONS.—The specific 

20 sections of chapter 1 that are applicable to each ter21 ritory, and the extent of the applicability of those 

22 section, shall be identified in the agreement required 

23 by subsection (e). 

24 ‘‘(e) AGREEMENT.— 
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•S 732 PCS 

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), none of the funds made available for the 

3 program shall be available for obligation or expendi4 ture with respect to any territory until the Governor 

5 or chief executive officer of the territory enters into 

6 a new agreement with the Secretary (which new 

7 agreement shall be entered into not later than 1 year 

8 after the date of enactment of the Safe, Account9 able, Flexible, and Efficient Transportation Equity 

10 Act of 2005), providing that the government of the 

11 territory shall— 

12 ‘‘(A) implement the program in accordance 

13 with applicable provisions of chapter 1 and sub14 section (d); 

15 ‘‘(B) design and construct a system of ar16 terial and collector highways, including nec17 essary inter-island connectors, in accordance 

18 with standards that are— 

19 ‘‘(i) appropriate for each territory; 

20 and 

21 ‘‘(ii) approved by the Secretary; 

22 ‘‘(C) provide for the maintenance of facili23 ties constructed or operated under this section 

24 in a condition to adequately serve the needs of 

25 present and future traffic; and 
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•S 732 PCS 

1 ‘‘(D) implement standards for traffic oper2 ations and uniform traffic control devices that 

3 are approved by the Secretary. 

4 ‘‘(2) TECHNICAL ASSISTANCE.—The new agree5 ment required by paragraph (1) shall— 

6 ‘‘(A) specify the kind of technical assist7 ance to be provided under the program; 

8 ‘‘(B) include appropriate provisions regard9 ing information sharing among the territories; 

10 and 

11 ‘‘(C) delineate the oversight role and re12 sponsibilities of the territories and the Sec13 retary. 

14 ‘‘(3) REVIEW AND REVISION OF AGREEMENT.— 

15 The new agreement entered into under paragraph 

16 (1) shall be reevaluated and, as necessary, revised, 

17 at least every 2 years. 

18 ‘‘(4) EXISTING AGREEMENTS.—With respect to 

19 an agreement between the Secretary and the Gov20 ernor or chief executive officer of a territory that is 

21 in effect as of the date of enactment of the Safe, Ac22 countable, Flexible, and Efficient Transportation 

23 Equity Act of 2005— 
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•S 732 PCS 

1 ‘‘(A) the agreement shall continue in force 

2 until replaced by a new agreement in accord3 ance with paragraph (1); and 

4 ‘‘(B) amounts made available for the pro5 gram under the agreement shall be available for 

6 obligation or expenditure so long as the agree7 ment, or a new agreement under paragraph (1), 

8 is in effect. 

9 ‘‘(f) PERMISSIBLE USES OF FUNDS.— 

10 ‘‘(1) IN GENERAL.—Funds made available for 

11 the program may be used only for the following 

12 projects and activities carried out in a territory: 

13 ‘‘(A) Eligible surface transportation pro14 gram projects described in section 133(b). 

15 ‘‘(B) Cost-effective, preventive mainte16 nance consistent with section 116. 

17 ‘‘(C) Ferry boats, terminal facilities, and 

18 approaches, in accordance with subsections (b) 

19 and (c) of section 129. 

20 ‘‘(D) Engineering and economic surveys 

21 and investigations for the planning, and the fi22 nancing, of future highway programs. 

23 ‘‘(E) Studies of the economy, safety, and 

24 convenience of highway use. 
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•S 732 PCS 

1 ‘‘(F) The regulation and equitable taxation 

2 of highway use. 

3 ‘‘(G) Such research and development as 

4 are necessary in connection with the planning, 

5 design, and maintenance of the highway system. 

6 ‘‘(2) PROHIBITION ON USE OF FUNDS FOR ROU7 TINE MAINTENANCE.—None of the funds made 

8 available for the program shall be obligated or ex9 pended for routine maintenance. 

10 ‘‘(g) LOCATION OF PROJECTS.—Territorial highway 

11 projects (other than those described in paragraphs (1), 

12 (3), and (4) of section 133(b)) may not be undertaken on 

13 roads functionally classified as local.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) ELIGIBLE PROJECTS.—Section 103(b)(6) of 

16 title 23, United States Code, is amended by striking 

17 subparagraph (P) and inserting the following: 

18 ‘‘(P) Projects eligible for assistance under the 

19 territorial highway program under section 215.’’. 

20 (2) FUNDING.—Section 104(b)(1)(A) of title 

21 23, United States Code, is amended by striking ‘‘to 

22 the Virgin Islands, Guam, American Samoa, and the 

23 Commonwealth of Northern Mariana Islands’’ and 

24 inserting ‘‘for the territorial highway program au25 thorized under section 215’’. 
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•S 732 PCS 

1 (3) ANALYSIS.—The analysis for chapter 2 of 

2 title 23, United States Code, is amended by striking 

3 the item relating to section 215 and inserting the 

4 following: 

‘‘215. Territorial highway program.’’. 

5 SEC. 1819. MAGNETIC LEVITATION TRANSPORTATION 

6 TECHNOLOGY DEPLOYMENT PROGRAM. 

7 Section 322 of title 23, United States Code, is 

8 amended— 

9 (1) in subsection (c)— 

10 (A) by striking ‘‘Not later than’’ and in11 serting the following: 

12 ‘‘(1) INITIAL SOLICITATION.—Not later than’’; 

13 and 

14 (B) by adding at the end the following: 

15 ‘‘(2) ADDITIONAL SOLICITATION.—Not later 

16 than 1 year after the date of enactment of this para17 graph, the Secretary may solicit additional applica18 tions from States, or authorities designated by 1 or 

19 more States, for financial assistance authorized by 

20 subsection (b) for planning, design, and construction 

21 of eligible MAGLEV projects.’’; 

22 (2) in subsection (e), by striking ‘‘Prior to solic23 iting applications, the Secretary’’ and inserting ‘‘The 

24 Secretary’’; 

25 (3) in subsection (h)(1)— 
396 

•S 732 PCS 

1 (A) in subparagraph (A), by striking 

2 clause (i) and inserting the following: 

3 ‘‘(i) IN GENERAL.—There is author4 ized to be appropriated from the Highway 

5 Trust Fund (other than the Mass Transit 

6 Account) to carry out this section 

7 $13,396,226 for each of fiscal years 2005 

8 through 2009.’’; and 

9 (B) in subparagraph (B), by striking 

10 clause (i) and inserting the following: 

11 ‘‘(i) IN GENERAL.—There are author12 ized to be appropriated from the Highway 

13 Trust Fund (other than the Mass Transit 

14 Account) to carry out this section— 

15 ‘‘(I) $357,232,704 for fiscal year 

16 2005; 

17 ‘‘(II) $370,628,931 for fiscal 

18 year 2006; 

19 ‘‘(III) $379,559,748 for fiscal 

20 year 2007; 

21 ‘‘(IV) $388,490,566 for fiscal 

22 year 2008; and 

23 ‘‘(V) $401,886,792 for fiscal year 

24 2009.’’; and 

25 (4) by striking subsection (i). 
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1 SEC. 1820. DONATIONS AND CREDITS. 

2 Section 323 of title 23, United States Code, is 

3 amended— 

4 (1) in the first sentence of subsection (c), by in5 serting ‘‘, or a local government from offering to do6 nate funds, materials, or services performed by local 

7 government employees,’’ after ‘‘services’’; and 

8 (2) striking subsection (e). 

9 SEC. 1821. DISADVANTAGED BUSINESS ENTERPRISES. 

10 (a) GENERAL RULE.—Except to the extent that the 

11 Secretary determines otherwise, not less than 10 percent 

12 of the amounts made available for any program under ti13 tles I, II, and VI of this Act shall be expended with small 

14 business concerns owned and controlled by socially and 

15 economically disadvantaged individuals. 

16 (b) DEFINITIONS.—In this section: 

17 (1) SMALL BUSINESS CONCERN.— 

18 (A) IN GENERAL.—The term ‘‘small busi19 ness concern’’ has the meaning given the term 

20 under section 3 of the Small Business Act (15 

21 U.S.C. 632). 

22 (B) EXCLUSION.—The term ‘‘small busi23 ness concern’’ does not include any concern or 

24 group of concerns controlled by the same so25 cially and economically disadvantaged individual 

26 or individuals that has average annual gross re-
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1 ceipts over the preceding 3 fiscal years in excess 

2 of $17,420,000, as adjusted by the Secretary 

3 for inflation. 

4 (2) SOCIALLY AND ECONOMICALLY DISADVAN5 TAGED INDIVIDUALS.—The term ‘‘socially and eco6 nomically disadvantaged individuals’’ has the mean7 ing given the term under section 8(d) of the Small 

8 Business Act (15 U.S.C. 637(d)) and relevant sub9 contracting regulations promulgated under that sec10 tion, except that women shall be presumed to be so11 cially and economically disadvantaged individuals for 

12 the purposes of this section. 

13 (c) ANNUAL LISTING OF DISADVANTAGED BUSINESS

14 ENTERPRISES.—Each State shall annually survey and 

15 compile a list of the small business concerns referred to 

16 in subsection (a) and the location of such concerns in the 

17 State and notify the Secretary, in writing, of the percent18 age of such concerns which are controlled by women, by 

19 socially and economically disadvantaged individuals (other 

20 than women), and by individuals who are women and are 

21 otherwise socially and economically disadvantaged individ22 uals. 

23 (d) UNIFORM CERTIFICATION.—The Secretary shall 

24 establish minimum uniform criteria for State governments 

25 to use in certifying whether a concern qualifies for pur-
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1 poses of this section. Such minimum uniform criteria shall 

2 include on-site visits, personal interviews, licenses, analysis 

3 of stock ownership, listing of equipment, analysis of bond4 ing capacity, listing of work completed, resume of prin5 cipal owners, financial capacity, and type of work pre6 ferred. 

7 (e) COMPLIANCE WITH COURT ORDERS.—Nothing in 

8 this section limits the eligibility of an entity or person to 

9 receive funds made available under titles I, III, and V of 

10 this Act, if the entity or person is prevented, in whole or 

11 in part, from complying with subsection (a) because a 

12 Federal court issues a final order in which the court finds 

13 that the requirement of subsection (a), or the program es14 tablished under subsection (a), is unconstitutional. 

15 SEC. 1822. øRESERVED.¿ 

16 SEC. 1823. PRIORITY FOR PEDESTRIAN AND BICYCLE FA17 CILITY ENHANCEMENT PROJECTS. 

18 Section 133(e)(5) of title 23, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(D) PRIORITY FOR PEDESTRIAN AND BI21 CYCLE FACILITY ENHANCEMENT PROJECTS.— 

22 The Secretary shall encourage States to give 

23 priority to pedestrian and bicycle facility en24 hancement projects that include a coordinated 

25 physical activity or healthy lifestyles program.’’. 
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1 SEC. 1824. THE DELTA REGIONAL AUTHORITY. 

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

3 23, United States Code (as amended by section 1814(a)), 

4 is amended by adding at the end the following: 

5 ‘‘§ 178. Delta Region transportation development pro6 gram 

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

8 program to— 

9 ‘‘(1) support and encourage multistate trans10 portation planning and corridor development; 

11 ‘‘(2) provide for transportation project develop12 ment; 

13 ‘‘(3) facilitate transportation decisionmaking; 

14 and 

15 ‘‘(4) support transportation construction. 

16 ‘‘(b) ELIGIBLE RECIPIENTS.—A State transportation 

17 department or metropolitan planning organization may re18 ceive and administer funds provided under the program. 

19 ‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary shall 

20 make allocations under the program for multistate high21 way and transit planning, development, and construction 

22 projects. 

23 ‘‘(d) OTHER PROVISIONS REGARDING ELIGI24 BILITY.—All activities funded under this program shall be 

25 consistent with the continuing, cooperative, and com-
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1 prehensive planning processes required by section 134 and 

2 135. 

3 ‘‘(e) SELECTION CRITERIA.—The Secretary shall se4 lect projects to be carried out under the program based 

5 on— 

6 ‘‘(1) whether the project is located— 

7 ‘‘(A) in an area that is part of the Delta 

8 Regional Authority; and 

9 ‘‘(B) on the Federal-aid system; 

10 ‘‘(2) endorsement of the project by the State 

11 department of transportation; and 

12 ‘‘(3) evidence of the ability to complete the 

13 project. 

14 ‘‘(f) PROGRAM PRIORITIES.—In administering the 

15 program, the Secretary shall— 

16 ‘‘(1) encourage State and local officials to work 

17 together to develop plans for multimodal and multi18 jurisdictional transportation decisionmaking; and 

19 ‘‘(2) give priority to projects that emphasize 

20 multimodal planning, including planning for oper21 ational improvements that— 

22 ‘‘(A) increase the mobility of people and 

23 goods; 

24 ‘‘(B) improve the safety of the transpor25 tation system with respect to catastrophic— 
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1 ‘‘(i) natural disasters; or 

2 ‘‘(ii) disasters caused by human activ3 ity; and 

4 ‘‘(C) contribute to the economic vitality of 

5 the area in which the project is being carried 

6 out. 

7 ‘‘(g) FEDERAL SHARE.—Amounts provided by the 

8 Delta Regional Authority to carry out a project under this 

9 section shall be applied to the non-Federal share required 

10 by section 120. 

11 ‘‘(h) AVAILABILITY OF FUNDS.—Amounts made 

12 available to carry out this section shall remain available 

13 until expended.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

15 chapter 1 of title 23, United States Code (as amended by 

16 section 1814(b)), is amended by adding at the end the 

17 following: 

‘‘178. Delta Region transportation development program.’’. 

18 SEC. 1825. MULTISTATE INTERNATIONAL CORRIDOR DE19 VELOPMENT PROGRAM. 

20 (a) ESTABLISHMENT.—The Secretary shall establish 

21 a program to develop international trade corridors to fa22 cilitate the movement of freight from international ports 

23 of entry and inland ports through and to the interior of 

24 the United States. 
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1 (b) ELIGIBLE RECIPIENTS.—State transportation de2 partments and metropolitan planning organizations shall 

3 be eligible to receive and administer funds provided under 

4 the program. 

5 (c) ELIGIBLE ACTIVITIES.—The Secretary shall 

6 make allocations under this program for any activity eligi7 ble for funding under title 23, United States Code, includ8 ing multistate highway and multistate multimodal plan9 ning and project construction. 

10 (d) OTHER PROVISIONS REGARDING ELIGIBILITY.— 

11 All activities funded under this program shall be con12 sistent with the continuing, cooperative, and comprehen13 sive planning processes required by sections 134 and 135 

14 of title 23, United States Code. 

15 (e) SELECTION CRITERIA.—The Secretary shall only 

16 select projects for corridors— 

17 (1) that have significant levels or increases in 

18 truck and traffic volume relating to international 

19 freight movement; 

20 (2) connect to at least 1 international terminus 

21 or inland port; 

22 (3) traverse at least 3 States; and 

23 (4) are identified by section 1105(c) of the 

24 Intermodal Transportation Efficiency Act of 1991 

25 (Public Law 102–240; 105 Stat. 2032). 
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1 (f) PROGRAM PRIORITIES.—In administering the pro2 gram, the Secretary shall— 

3 (1) encourage and enable States and other ju4 risdictions to work together to develop plans for 

5 multimodal and multijurisdictional transportation 

6 decisionmaking; and 

7 (2) give priority to studies that emphasize 

8 multimodal planning, including planning for oper9 ational improvements that increase mobility, freight 

10 productivity, access to marine ports, safety, and se11 curity while enhancing the environment. 

12 (g) FEDERAL SHARE.—The Federal share required 

13 for any study carried out under this section shall be avail14 able for obligation in the same manner as if the funds 

15 were apportioned under chapter I of title 23, United 

16 States Code. 

17 SEC. 1826. AUTHORIZATION OF CONTRACT AUTHORITY FOR 

18 STATES WITH INDIAN RESERVATIONS. 

19 Section 1214(d)(5)(A) of the Transportation Equity 

20 Act for the 21st Century (23 U.S.C. 202 note; 112 Stat. 

21 206) is amended by striking ‘‘$1,500,000 for each of fiscal 

22 years 1998 through 2003’’ and inserting ‘‘$1,607,547 for 

23 each of fiscal years 2005 through 2009’’. 
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1 Subtitle I—Technical Corrections 

2 SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT. 

3 (a) LETTING OF CONTRACTS.—Section 112 of title 

4 23, United States Code, is amended— 

5 (1) by striking subsection (f); and 

6 (2) by redesignating subsection (g) as sub7 section (f). 

8 (b) FRINGE AND CORRIDOR PARKING FACILITIES.— 

9 Section 137(a) of title 23, United States Code, is amended 

10 in the first sentence by striking ‘‘on the Federal-aid urban 

11 system’’ and inserting ‘‘on a Federal-aid highway’’. 

12 SEC. 1902. CLARIFICATION OF DATE. 

13 Section 109(g) of title 23, United States Code, is 

14 amended in the first sentence by striking ‘‘The Secretary’’ 

15 and all that follows through ‘‘of 1970’’ and inserting ‘‘Not 

16 later than January 30, 1971, the Secretary shall issue’’. 

17 SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDEN18 TIFYING FUNDING SOURCES IN TITLE 23. 

19 (a) IN GENERAL.—Section 154 of the Federal-Aid 

20 Highway Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209) 

21 is— 

22 (1) transferred to title 23, United States Code; 

23 (2) redesignated as section 321; 

24 (3) moved to appear after section 320 of that 

25 title; and 
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1 (4) amended by striking the section heading 

2 and inserting the following: 

3 ‘‘§ 321. Signs identifying funding sources’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 3 of title 23, United States Code, is amended by 

6 inserting after the item relating to section 320 the fol7 lowing: 

‘‘321. Signs identifying funding sources.’’. 

8 SEC. 1904. INCLUSION OF BUY AMERICA REQUIREMENTS IN 

9 TITLE 23. 

10 (a) IN GENERAL.—Section 165 of the Highway Im11 provement Act of 1982 (23 U.S.C. 101 note; 96 Stat. 

12 2136) is— 

13 (1) transferred to title 23, United States Code; 

14 (2) redesignated as section 313; 

15 (3) moved to appear after section 312 of that 

16 title; and 

17 (4) amended by striking the section heading 

18 and inserting the following: 

19 ‘‘§ 313. Buy America’’. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) The analysis for chapter 3 of title 23, 

22 United States Code, is amended by inserting after 

23 the item relating to section 312 the following: 

‘‘313. Buy America.’’. 
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1 (2) Section 313 of title 23, United States Code 

2 (as added by subsection (a)), is amended— 

3 (A) in subsection (a), by striking ‘‘by this 

4 Act’’ the first place it appears and all that fol5 lows through ‘‘of 1978’’ and inserting ‘‘to carry 

6 out the Surface Transportation Assistance Act 

7 of 1982 (96 Stat. 2097) or this title’’; 

8 (B) in subsection (b), by redesignating 

9 paragraph (4) as paragraph (3); 

10 (C) in subsection (d), by striking ‘‘this 

11 Act,’’ and all that follows through ‘‘Code, 

12 which’’ and inserting ‘‘the Surface Transpor13 tation Assistance Act of 1982 (96 Stat. 2097) 

14 or this title that’’; 

15 (D) by striking subsection (e); and 

16 (E) by redesignating subsections (f) and 

17 (g) as subsections (e) and (f), respectively. 

18 SEC. 1905. TECHNICAL AMENDMENTS TO NONDISCRIMINA19 TION SECTION. 

20 Section 140 of title 23, United States Code, is 

21 amended— 

22 (1) in subsection (a)— 

23 (A) in the first sentence, by striking ‘‘sub24 section (a) of section 105 of this title’’ and in25 serting ‘‘section 135’’; 
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•S 732 PCS 

1 (B) in the second sentence, by striking 

2 ‘‘He’’ and inserting ‘‘The Secretary’’; 

3 (C) in the third sentence, by striking 

4 ‘‘where he considers it necessary to assure’’ and 

5 inserting ‘‘if necessary to ensure’’; and 

6 (D) in the last sentence— 

7 (i) by striking ‘‘him’’ and inserting 

8 ‘‘the Secretary’’ and 

9 (ii) by striking ‘‘he’’ and inserting 

10 ‘‘the Secretary’’; 

11 (2) in subsection (b)— 

12 (A) in the first sentence, by striking ‘‘high13 way construction’’ and inserting ‘‘surface trans14 portation’’; and 

15 (B) in the second sentence— 

16 (i) by striking ‘‘as he may deem nec17 essary’’ and inserting ‘‘as necessary’’; and 

18 (ii) by striking ‘‘not to exceed 

19 $2,500,000 for the transition quarter end20 ing September 30, 1976, and’’; 

21 (3) in the second sentence of subsection (c)— 

22 (A) by striking ‘‘subsection 104(b)(3) of 

23 this title’’ and inserting ‘‘section 104(b)(3)’’; 

24 and 

25 (B) by striking ‘‘he may deem’’; and 
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1 (4) in the heading of subsection (d), by striking 

2 ‘‘AND CONTRACTING’’. 

3 TITLE II—TRANSPORTATION 

4 RESEARCH 

5 Subtitle A—Funding 

6 SEC. 2001. 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.— 

11 (A) IN GENERAL.—For carrying out sec12 tions 502, 503, 506, 507, 508, and 511 of title 

13 23, United States Code— 

14 (i) $188,440,252 for fiscal year 2005; 

15 (ii) $192,012,579 for fiscal year 2006; 

16 (iii) $194,691,824 for fiscal year 

17 2007; 

18 (iv) $196,477,987 for fiscal year 

19 2008; and 

20 (v) $199,157,233 for fiscal year 2009. 

21 (B) SURFACE TRANSPORTATION-ENVIRON22 MENTAL COOPERATIVE RESEARCH PROGRAM.— 

23 For each of fiscal years 2005 through 2009, the 

24 Secretary shall set aside $17,861,635 of the 

25 funds authorized under subparagraph (A) to 
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1 carry out the surface transportation-environ2 mental cooperative research program under sec3 tion 507 of title 23, United States Code. 

4 (2) TRAINING AND EDUCATION.—For carrying 

5 out section 504 of title 23, United States Code— 

6 (A) $25,006,289 for fiscal year 2005; 

7 (B) $25,899,371 for fiscal year 2006; 

8 (C) $26,792,453 for fiscal year 2007; 

9 (D) $27,685,535 for fiscal year 2008; and 

10 (E) $28,578,616 for fiscal year 2009. 

11 (3) BUREAU OF TRANSPORTATION STATIS12 TICS.—For the Bureau of Transportation Statistics 

13 to carry out section 111 of title 49, United States 

14 Code, $25,006,289 for each of fiscal years 2005 

15 through 2009. 

16 (4) ITS STANDARDS, RESEARCH, OPERATIONAL

17 TESTS, AND DEVELOPMENT.—For carrying out sec18 tions 524, 525, 526, 527, 528, and 529 of title 23, 

19 United States Code— 

20 (A) $109,849,057 for fiscal year 2005; 

21 (B) $112,528,302 for fiscal year 2006; 

22 (C) $115,207,547 for fiscal year 2007; 

23 (D) $117,886,792 for fiscal year 2008; 

24 and 

25 (E) $120,566,038 for fiscal year 2009. 
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1 (5) UNIVERSITY TRANSPORTATION CENTERS.— 

2 For carrying out section 510 of title 23, United 

3 States Code $40,188,679 for each of fiscal years 

4 2005 through 2009. 

5 (b) APPLICABILITY OF TITLE 23, UNITED STATES

6 CODE.—Funds authorized to be appropriated by sub7 section (a)— 

8 (1) shall be available for obligation in the same 

9 manner as if the funds were apportioned under 

10 chapter 1 of title 23, United States Code, except 

11 that the Federal share of the cost of a project or ac12 tivity carried out using the funds shall be the share 

13 applicable under section 120(b) of title 23, United 

14 States Code, as adjusted under subsection (d) of 

15 that section (unless otherwise specified or otherwise 

16 determined by the Secretary); and 

17 (2) shall remain available until expended. 

18 (c) ALLOCATIONS.— 

19 (1) SURFACE TRANSPORTATION RESEARCH.— 

20 Of the amounts made available under subsection 

21 (a)(1)— 

22 (A) $24,113,208 for each of fiscal years 

23 2005 through 2009 shall be available to carry 

24 out advanced, high-risk, long-term research 
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•S 732 PCS 

1 under section 502(d) of title 23, United States 

2 Code; 

3 (B) $16,075,472 for fiscal year 2005, 

4 $15,182,390 for fiscal year 2006, $13,396,226 

5 for fiscal year 2007, $10,716,981 for fiscal year 

6 2008, and $8,930,818 for fiscal year 2009 shall 

7 be available to carry out the long-term pave8 ment performance program under section 

9 502(e) of that title; 

10 (C) $5,358,491 for each of fiscal years 

11 2005 through 2009 shall be available to carry 

12 out the high-performance concrete bridge re13 search and technology transfer program under 

14 section 502(i) of that title, of which $893,082 

15 for each fiscal year shall be used by the Sec16 retary to carry out demonstration projects in17 volving the use of ultra-high-performance con18 crete with ductility; 

19 (D) $5,358,491 for each of fiscal years 

20 2005 through 2009 shall be made available to 

21 carry out research on asphalt used in highway 

22 pavements; 

23 (E) $5,358,491 for each of fiscal years 

24 2005 through 2009 shall be made available to 

25 carry out research on concrete pavements; 
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•S 732 PCS 

1 (F) $2,679,245 for each of fiscal years 

2 2005 through 2009 shall be made available to 

3 carry out research on aggregates used in high4 way pavements; 

5 (G) $4,242,138 for each of fiscal years 

6 2005 through 2009 shall be made available for 

7 further development and deployment of tech8 niques to prevent and mitigate alkali silica reac9 tivity; 

10 (H) $1,786,164 for fiscal year 2005 shall 

11 be remain available until expended for asphalt 

12 and asphalt-related reclamation research at the 

13 South Dakota School of Mines; and 

14 (I) $2,679,245 for each of fiscal years 

15 2005 through 2009 shall be made available to 

16 carry out section 502(f)(3) of title 23, United 

17 States Code. 

18 (2) TECHNOLOGY APPLICATION PROGRAM.—Of 

19 the amounts made available under subsection (a)(1), 

20 $53,584,906 for each of fiscal years 2005 through 

21 2009 shall be available to carry out section 503 of 

22 title 23, United States Code. 

23 (3) TRAINING AND EDUCATION.—Of the 

24 amounts made available under subsection (a)(2)— 
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1 (A) $11,163,522 for fiscal year 2005, 

2 $11,610,063 for fiscal year 2006, $12,056,604 

3 for fiscal year 2007, $12,503,145 for fiscal year 

4 2008, and $12,949,686 for fiscal year 2009 

5 shall be available to carry out section 504(a) of 

6 title 23, United States Code (relating to the 

7 National Highway Institute); 

8 (B) $13,396,226 for each of fiscal years 

9 2005 through 2009 shall be available to carry 

10 out section 504(b) of that title (relating to local 

11 technical assistance); and 

12 (C) $2,679,245 for each of fiscal years 

13 2005 through 2009 shall be available to carry 

14 out section 504(c)(2) of that title (relating to 

15 the Eisenhower Transportation Fellowship Pro16 gram). 

17 (4) INTERNATIONAL HIGHWAY TRANSPOR18 TATION OUTREACH PROGRAM.—Of the amounts 

19 made available under subsection (a)(1), $446,541 

20 for each of fiscal years 2005 through 2009 shall be 

21 available to carry out section 506 of title 23, United 

22 States Code. 

23 (5) NEW STRATEGIC HIGHWAY RESEARCH PRO24 GRAM.—For each of fiscal years 2005 through 2009, 
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•S 732 PCS 

1 to carry out section 509 of title 23, United States 

2 Code, the Secretary shall set aside— 

3 (A) $13,396,226 of the amounts made 

4 available to carry out the interstate mainte5 nance program under section 119 of title 23, 

6 United States Code, for the fiscal year; 

7 (B) $16,968,553 of the amounts made 

8 available for the National Highway System 

9 under section 101 of title 23, United States 

10 Code, for the fiscal year; 

11 (C) $11,610,063 of the amounts made 

12 available to carry out the bridge program under 

13 section 144 of title 23, United States Code, for 

14 the fiscal year; 

15 (D) $17,861,635 of the amounts made 

16 available to carry out the surface transportation 

17 program under section 133 of title 23, United 

18 States Code, for the fiscal year; 

19 (E) $4,465,409 of the amounts made 

20 available to carry out the congestion mitigation 

21 and air quality improvement program under 

22 section 149 of title 23, United States Code, for 

23 the fiscal year; and 

24 (F) $2,679,245 of the amounts made avail25 able to carry out the highway safety improve-
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1 ment program under section 148 of title 23, 

2 United States Code, for the fiscal year. 

3 (6) COMMERCIAL VEHICLE INTELLIGENT

4 TRANSPORTATION SYSTEM INFRASTRUCTURE PRO5 GRAM.—Of the amounts made available under sub6 section (a)(4), not less than $26,792,453 for each of 

7 fiscal years 2005 through 2009 shall be available to 

8 carry out section 527 of title 23, United States 

9 Code. 

10 (d) TRANSFERS OF FUNDS.—The Secretary may 

11 transfer— 

12 (1) to an amount made available under para13 graphs (1), (2), or (4) of subsection (c), not to ex14 ceed 10 percent of the amount allocated for a fiscal 

15 year under any other of those paragraphs; and 

16 (2) to an amount made available under sub17 paragraphs (A), (B), or (C) of subsection (c)(3), not 

18 to exceed 10 percent of the amount allocated for a 

19 fiscal year under any other of those subparagraphs. 

20 SEC. 2002. OBLIGATION CEILING. 

21 Notwithstanding any other provision of law, the total 

22 of all obligations from amounts made available from the 

23 Highway Trust Fund (other than the Mass Transit Ac24 count) by section 2001(a) shall not exceed— 

25 (1) $388,669,286 for fiscal year 2005; 
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•S 732 PCS 

1 (2) $395,813,942 for fiscal year 2006; 

2 (3) $402,065,516 for fiscal year 2007; 

3 (4) $407,424,008 for fiscal year 2008; and 

4 (5) $413,675,582 for fiscal year 2009. 

5 SEC. 2003. NOTICE. 

6 (a) NOTICE OF REPROGRAMMING.—If any funds au7 thorized for carrying out this title or the amendments 

8 made by this title are subject to a reprogramming action 

9 that requires notice to be provided to the Committee on 

10 Appropriations of the House of Representatives and the 

11 Committee on Appropriations of the Senate, notice of that 

12 action shall be concurrently provided to the Committee on 

13 Transportation and Infrastructure and the Committee on 

14 Science of the House of Representatives and the Com15 mittee on Environment and Public Works of the Senate. 

16 (b) NOTICE OF REORGANIZATION.—On or before the 

17 15th day preceding the date of any major reorganization 

18 of a program, project, or activity of the Department of 

19 Transportation for which funds are authorized by this title 

20 or the amendments made by this title, the Secretary shall 

21 provide notice of the reorganization to the Committee on 

22 Transportation and Infrastructure and the Committee on 

23 Science of the House of Representatives and the Com24 mittee on Environment and Public Works of the Senate. 
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1 Subtitle B—Research and 

2 Technology 

3 SEC. 2101. RESEARCH AND TECHNOLOGY PROGRAM. 

4 (a) IN GENERAL.—Chapter 5 of title 23, United 

5 States Code, is amended to read as follows: 

6 ‘‘CHAPTER 5—RESEARCH AND 

7 TECHNOLOGY 

‘‘SUBCHAPTER I—SURFACE TRANSPORTATION 

‘‘Sec. 

‘‘501. Definitions. 

‘‘502. Surface transportation research. 

‘‘503. Technology application program. 

‘‘504. Training and education. 

‘‘505. State planning and research. 

‘‘506. International highway transportation outreach program. 

‘‘507. Surface transportation-environmental cooperative research program. 

‘‘508. Surface transportation research technology deployment and strategic planning. 

‘‘509. New strategic highway research program. 

‘‘510. University transportation centers. 

‘‘511. Multistate corridor operations and management. 

‘‘512. Transportation analysis simulation system. 

‘‘SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEM 

RESEARCH AND TECHNICAL ASSISTANCE PROGRAM 

‘‘521. Finding. 

‘‘522. Goals and purposes. 

‘‘523. Definitions. 

‘‘524. General authorities and requirements. 

‘‘525. National ITS Program Plan. 

‘‘526. National ITS architecture and standards. 

‘‘527. Commercial vehicle intelligent transportation system infrastructure program. 

‘‘528. Research and development. 

‘‘529. Use of funds. 

8 ‘‘SUBCHAPTER I—SURFACE TRANSPORTATION 

9 ‘‘§ 501. Definitions 

10 ‘‘In this subchapter: 
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1 ‘‘(1) FEDERAL LABORATORY.—The term ‘Fed2 eral laboratory’ includes— 

3 ‘‘(A) a Government-owned, Government4 operated laboratory; and 

5 ‘‘(B) a Government-owned, contractor-op6 erated laboratory. 

7 ‘‘(2) SAFETY.—The term ‘safety’ includes high8 way and traffic safety systems, research, and devel9 opment relating to— 

10 ‘‘(A) vehicle, highway, driver, passenger, 

11 bicyclist, and pedestrian characteristics; 

12 ‘‘(B) accident investigations; 

13 ‘‘(C) integrated, interoperable emergency 

14 communications; 

15 ‘‘(D) emergency medical care; and 

16 ‘‘(E) transportation of the injured. 

17 ‘‘§ 502. Surface transportation research 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) RESEARCH, DEVELOPMENT, AND TECH20 NOLOGY TRANSFER ACTIVITIES.—The Secretary may 

21 carry out research, development, and technology 

22 transfer activities with respect to— 

23 ‘‘(A) all phases of transportation planning 

24 and development (including new technologies, 

25 construction, transportation systems manage-
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1 ment and operations development, design, main2 tenance, safety, security, financing, data collec3 tion and analysis, demand forecasting, 

4 multimodal assessment, and traffic conditions); 

5 and 

6 ‘‘(B) the effect of State laws on the activi7 ties described in subparagraph (A). 

8 ‘‘(2) TESTS AND DEVELOPMENT.—The Sec9 retary may test, develop, or assist in testing and de10 veloping, any material, invention, patented article, or 

11 process. 

12 ‘‘(3) COOPERATION, GRANTS, AND CON13 TRACTS.— 

14 ‘‘(A) IN GENERAL.—The Secretary may 

15 carry out this section— 

16 ‘‘(i) independently; 

17 ‘‘(ii) in cooperation with— 

18 ‘‘(I) any other Federal agency or 

19 instrumentality; and 

20 ‘‘(II) any Federal laboratory; or 

21 ‘‘(iii) by making grants to, or entering 

22 into contracts, cooperative agreements, and 

23 other transactions with— 

24 ‘‘(I) the National Academy of 

25 Sciences; 
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1 ‘‘(II) the American Association of 

2 State Highway and Transportation 

3 Officials; 

4 ‘‘(III) planning organizations; 

5 ‘‘(IV) a Federal laboratory; 

6 ‘‘(V) a State agency; 

7 ‘‘(VI) an authority, association, 

8 institution, or organization; 

9 ‘‘(VII) a for-profit or nonprofit 

10 corporation; 

11 ‘‘(VIII) a foreign country; or 

12 ‘‘(IX) any other person. 

13 ‘‘(B) COMPETITION; REVIEW.—All parties 

14 entering into contracts, cooperative agreements 

15 or other transactions with the Secretary, or re16 ceiving grants, to perform research or provide 

17 technical assistance under this section shall be 

18 selected, to the maximum extent practicable and 

19 appropriate— 

20 ‘‘(i) on a competitive basis; and 

21 ‘‘(ii) on the basis of the results of peer 

22 review of proposals submitted to the Sec23 retary. 

24 ‘‘(4) TECHNOLOGICAL INNOVATION.—The pro25 grams and activities carried out under this section 
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1 shall be consistent with the surface transportation 

2 research and technology development strategic plan 

3 developed under section 508(c). 

4 ‘‘(5) FUNDS.— 

5 ‘‘(A) SPECIAL ACCOUNT.—In addition to 

6 other funds made available to carry out this 

7 section, the Secretary shall use such funds as 

8 may be deposited by any cooperating organiza9 tion or person in a special account of the Treas10 ury established for this purpose. 

11 ‘‘(B) USE OF FUNDS.—The Secretary shall 

12 use funds made available to carry out this sec13 tion to develop, administer, communicate, and 

14 promote the use of products of research, devel15 opment, and technology transfer programs 

16 under this section. 

17 ‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP18 MENT.— 

19 ‘‘(1) IN GENERAL.—To encourage innovative 

20 solutions to surface transportation problems and 

21 stimulate the deployment of new technology, the 

22 Secretary may carry out, on a cost-shared basis, col23 laborative research and development with— 

24 ‘‘(A) non-Federal entities (including State 

25 and local governments, foreign governments, 
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1 colleges and universities, corporations, institu2 tions, partnerships, sole proprietorships, and 

3 trade associations that are incorporated or es4 tablished under the laws of any State); and 

5 ‘‘(B) Federal laboratories. 

6 ‘‘(2) AGREEMENTS.—In carrying out this sub7 section, the Secretary may enter into cooperative re8 search and development agreements (as defined in 

9 section 12 of the Stevenson-Wydler Technology In10 novation Act of 1980 (15 U.S.C. 3710a)). 

11 ‘‘(3) FEDERAL SHARE.— 

12 ‘‘(A) IN GENERAL.—The Federal share of 

13 the cost of activities carried out under a cooper14 ative research and development agreement en15 tered into under this subsection shall not exceed 

16 50 percent, except that if there is substantial 

17 public interest or benefit, the Secretary may ap18 prove a greater Federal share. 

19 ‘‘(B) NON-FEDERAL SHARE.—All costs di20 rectly incurred by the non-Federal partners, in21 cluding personnel, travel, and hardware develop22 ment costs, shall be credited toward the non23 Federal share of the cost of the activities de24 scribed in subparagraph (A). 
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1 ‘‘(4) USE OF TECHNOLOGY.—The research, de2 velopment, or use of a technology under a coopera3 tive research and development agreement entered 

4 into under this subsection, including the terms 

5 under which the technology may be licensed and the 

6 resulting royalties may be distributed, shall be sub7 ject to the Stevenson-Wydler Technology Innovation 

8 Act of 1980 (15 U.S.C. 3701 et seq.). 

9 ‘‘(5) WAIVER OF ADVERTISING REQUIRE10 MENTS.—Section 3709 of the Revised Statutes (41 

11 U.S.C. 5) shall not apply to a contract or agreement 

12 entered into under this chapter. 

13 ‘‘(c) CONTENTS OF RESEARCH PROGRAM.—The Sec14 retary shall include as priority areas of effort within the 

15 surface transportation research program— 

16 ‘‘(1) the development of new technologies and 

17 methods in materials, pavements, structures, design, 

18 and construction, with the objectives of— 

19 ‘‘(A)(i) increasing to 50 years the expected 

20 life of pavements; 

21 ‘‘(ii) increasing to 100 years the expected 

22 life of bridges; and 

23 ‘‘(iii) significantly increasing the durability 

24 of other infrastructure; 
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1 ‘‘(B) lowering the life-cycle costs, includ2 ing— 

3 ‘‘(i) construction costs; 

4 ‘‘(ii) maintenance costs; 

5 ‘‘(iii) operations costs; and 

6 ‘‘(vi) user costs. 

7 ‘‘(2) the development, and testing for effective8 ness, of nondestructive evaluation technologies for 

9 civil infrastructure using existing and new tech10 nologies; 

11 ‘‘(3) the investigation of— 

12 ‘‘(A) the application of current natural 

13 hazard mitigation techniques to manmade haz14 ards; and 

15 ‘‘(B) the continuation of hazard mitigation 

16 research combining manmade and natural haz17 ards; 

18 ‘‘(4) the improvement of safety— 

19 ‘‘(A) at intersections; 

20 ‘‘(B) with respect to accidents involving ve21 hicles run off the road; and 

22 ‘‘(C) on rural roads; 

23 ‘‘(5) the reduction of work zone incursions and 

24 improvement of work zone safety; 
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1 ‘‘(6) the improvement of geometric design of 

2 roads for the purpose of safety; 

3 ‘‘(7) the examination of data collected through 

4 the national bridge inventory conducted under sec5 tion 144 using the national bridge inspection stand6 ards established under section 151, with the objec7 tives of determining whether— 

8 ‘‘(A) the most useful types of data are 

9 being collected; and 

10 ‘‘(B) any improvement could be made in 

11 the types of data collected and the manner in 

12 which the data is collected, with respect to 

13 bridges in the United States; 

14 ‘‘(8) the improvement of the infrastructure in15 vestment needs report described in subsection (g) 

16 through— 

17 ‘‘(A) the study and implementation of new 

18 methods of collecting better quality data, par19 ticularly with respect to performance, conges20 tion, and infrastructure conditions; 

21 ‘‘(B) monitoring of the surface transpor22 tation system in a system-wide manner, through 

23 the use of— 
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1 ‘‘(i) intelligent transportation system 

2 technologies of traffic operations centers; 

3 and 

4 ‘‘(ii) other new data collection tech5 nologies as sources of better quality per6 formance data; 

7 ‘‘(C) the determination of the critical 

8 metrics that should be used to determine the 

9 condition and performance of the surface trans10 portation system; and 

11 ‘‘(D) the study and implementation of new 

12 methods of statistical analysis and computer 

13 models to improve the prediction of future in14 frastructure investment requirements; 

15 ‘‘(9) the development of methods to improve the 

16 determination of benefits from infrastructure im17 provements, including— 

18 ‘‘(A) more accurate calculations of benefit19 to-cost ratios, considering benefits and impacts 

20 throughout local and regional transportation 

21 systems; 

22 ‘‘(B) improvements in calculating life-cycle 

23 costs; and 

24 ‘‘(C) valuation of assets; 
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1 ‘‘(10) the improvement of planning processes to 

2 better predict outcomes of transportation projects, 

3 including the application of computer simulations in 

4 the planning process to predict outcomes of planning 

5 decisions; 

6 ‘‘(11) the multimodal applications of Geo7 graphic Information Systems and remote sensing, 

8 including such areas of application as— 

9 ‘‘(A) planning; 

10 ‘‘(B) environmental decisionmaking and 

11 project delivery; and 

12 ‘‘(C) freight movement; 

13 ‘‘(12) the development and application of meth14 ods of providing revenues to the Highway Trust 

15 Fund with the objective of offsetting potential reduc16 tions in fuel tax receipts; 

17 ‘‘(13) the development of tests and methods to 

18 determine the benefits and costs to communities of 

19 major transportation investments and projects; 

20 ‘‘(14) the conduct of extreme weather research, 

21 including research to— 

22 ‘‘(A) reduce contraction and expansion 

23 damage; 

24 ‘‘(B) reduce or repair road damage caused 

25 by freezing and thawing; 
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1 ‘‘(C) improve deicing or snow removal 

2 techniques; 

3 ‘‘(D) develop better methods to reduce the 

4 risk of thermal collapse, including collapse from 

5 changes in underlying permafrost; 

6 ‘‘(E) improve concrete and asphalt installa7 tion in extreme weather conditions; and 

8 ‘‘(F) make other improvements to protect 

9 highway infrastructure or enhance highway 

10 safety or performance; 

11 ‘‘(15) the improvement of surface transpor12 tation planning; 

13 ‘‘(16) environmental research; 

14 ‘‘(17) transportation system management and 

15 operations; and 

16 ‘‘(18) any other surface transportation research 

17 topics that the Secretary determines, in accordance 

18 with the strategic planning process under section 

19 508, to be critical. 

20 ‘‘(d) ADVANCED, HIGH-RISK RESEARCH.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish and carry out, in accordance with the surface 

23 transportation research and technology development 

24 strategic plan developed under section 508(c) and 

25 research priority areas described in subsection (c), 
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1 an advanced research program that addresses 

2 longer-term, higher-risk research with potentially 

3 dramatic breakthroughs for improving the durability, 

4 efficiency, environmental impact, productivity, and 

5 safety (including bicycle and pedestrian safety) as6 pects of highway and intermodal transportation sys7 tems. 

8 ‘‘(2) PARTNERSHIPS.—In carrying out the pro9 gram, the Secretary shall seek to develop partner10 ships with the public and private sectors. 

11 ‘‘(3) REPORT.—The Secretary shall include in 

12 the strategic plan required under section 508(c) a 

13 description of each of the projects, and the amount 

14 of funds expended for each project, carried out 

15 under this subsection during the fiscal year. 

16 ‘‘(e) LONG-TERM PAVEMENT PERFORMANCE PRO17 GRAM.— 

18 ‘‘(1) AUTHORITY.—The Secretary shall con19 tinue, through September 30, 2009, the long-term 

20 pavement performance program tests, monitoring, 

21 and data analysis. 

22 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

23 CONTRACTS.—Under the program, the Secretary 

24 shall make grants and enter into cooperative agree25 ments and contracts to— 
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1 ‘‘(A) monitor, material-test, and evaluate 

2 highway test sections in existence as of the date 

3 of the grant, agreement, or contract; 

4 ‘‘(B) analyze the data obtained in carrying 

5 out subparagraph (A); and 

6 ‘‘(C) prepare products to fulfill program 

7 objectives and meet future pavement technology 

8 needs. 

9 ‘‘(3) CONCLUSION OF PROGRAM.— 

10 ‘‘(A) SUMMARY REPORT.—The Secretary 

11 shall include in the strategic plan required 

12 under section 508(c) a report on the initial con13 clusions of the long-term pavement performance 

14 program that includes— 

15 ‘‘(i) an analysis of any research objec16 tives that remain to be achieved under the 

17 program; 

18 ‘‘(ii) an analysis of other associated 

19 longer-term expenditures under the pro20 gram that are in the public interest; 

21 ‘‘(iii) a detailed plan regarding the 

22 storage, maintenance, and user support of 

23 the database, information management 

24 system, and materials reference library of 

25 the program; 
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1 ‘‘(iv) a schedule for continued imple2 mentation of the necessary data collection 

3 and analysis and project plan under the 

4 program; and 

5 ‘‘(v) an estimate of the costs of car6 rying out each of the activities described in 

7 clauses (i) through (iv) for each fiscal year 

8 during which the program is carried out. 

9 ‘‘(B) DEADLINE; USEFULNESS OF AD10 VANCES.—The Secretary shall, to the maximum 

11 extent practicable— 

12 ‘‘(i) ensure that the long-term pave13 ment performance program is concluded 

14 not later than September 30, 2009; and 

15 ‘‘(ii) make such allowances as are nec16 essary to ensure the usefulness of the tech17 nological advances resulting from the pro18 gram. 

19 ‘‘(f) SEISMIC RESEARCH.—The Secretary shall— 

20 ‘‘(1) in consultation and cooperation with Fed21 eral agencies participating in the National Earth22 quake Hazards Reduction Program established by 

23 section 5 of the Earthquake Hazards Reduction Act 

24 of 1977 (42 U.S.C. 7704), coordinate the conduct of 

25 seismic research; 
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1 ‘‘(2) take such actions as are necessary to en2 sure that the coordination of the research is con3 sistent with— 

4 ‘‘(A) planning and coordination activities 

5 of the Director of the Federal Emergency Man6 agement Agency under section 5(b)(1) of that 

7 Act (42 U.S.C. 7704(b)(1)); and 

8 ‘‘(B) the plan developed by the Director of 

9 the Federal Emergency Management Agency 

10 under section 8(b) of that Act (42 U.S.C. 

11 7705b(b)); and 

12 ‘‘(3) in cooperation with the Center for Civil 

13 Engineering Research at the University of Nevada, 

14 Reno, carry out a seismic research program— 

15 ‘‘(A) to study the vulnerability of the Fed16 eral-aid highway system and other surface 

17 transportation systems to seismic activity; 

18 ‘‘(B) to develop and implement cost-effec19 tive methods to reduce the vulnerability; and 

20 ‘‘(C) to conduct seismic research and up21 grade earthquake simulation facilities as nec22 essary to carry out the program. 

23 ‘‘(g) INFRASTRUCTURE INVESTMENT NEEDS RE24 PORT.— 
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1 ‘‘(1) IN GENERAL.—Not later than July 31, 

2 2005, and July 31 of every second year thereafter, 

3 the Secretary shall submit to the Committee on En4 vironment and Public Works of the Senate and the 

5 Committee on Transportation and Infrastructure of 

6 the House of Representatives a report that de7 scribes— 

8 ‘‘(A) estimates of the future highway and 

9 bridge needs of the United States; and 

10 ‘‘(B) the backlog of current highway and 

11 bridge needs. 

12 ‘‘(2) COMPARISON WITH PRIOR REPORTS.— 

13 Each report under paragraph (1) shall provide the 

14 means, including all necessary information, to relate 

15 and compare the conditions and service measures 

16 used in the previous biennial reports. 

17 ‘‘(h) SECURITY RELATED RESEARCH AND TECH18 NOLOGY TRANSFER ACTIVITIES.— 

19 ‘‘(1) IN GENERAL.—Not later than 180 days 

20 after the date of enactment of the Safe, Account21 able, Flexible, and Efficient Transportation Equity 

22 Act of 2005, the Secretary, in consultation with the 

23 Secretary of Homeland Security, with key stake24 holder input (including State transportation depart25 ments) shall develop a 5-year strategic plan for re-
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1 search and technology transfer and deployment ac2 tivities pertaining to the security aspects of highway 

3 infrastructure and operations. 

4 ‘‘(2) COMPONENTS OF PLAN.—The plan shall 

5 include— 

6 ‘‘(A) an identification of which agencies 

7 are responsible for the conduct of various re8 search and technology transfer activities; 

9 ‘‘(B) a description of the manner in which 

10 those activities will be coordinated; and 

11 ‘‘(C) a description of the process to be 

12 used to ensure that the advances derived from 

13 relevant activities supported by the Federal 

14 Highway Administration are consistent with the 

15 operational guidelines, policies, recommenda16 tions, and regulations of the Department of 

17 Homeland Security; and 

18 ‘‘(D) a systematic evaluation of the re19 search that should be conducted to address, at 

20 a minimum— 

21 ‘‘(i) vulnerabilities of, and measures 

22 that may be taken to improve, emergency 

23 response capabilities and evacuations; 

24 ‘‘(ii) recommended upgrades of traffic 

25 management during crises; 
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1 ‘‘(iii) integrated, interoperable emer2 gency communications among the public, 

3 the military, law enforcement, fire and 

4 emergency medical services, and transpor5 tation agencies; 

6 ‘‘(iv) protection of critical, security-re7 lated infrastructure; and 

8 ‘‘(v) structural reinforcement of key 

9 facilities. 

10 ‘‘(3) SUBMISSION.—On completion of the plan 

11 under this subsection, the Secretary shall submit to 

12 the Committee on Environment and Public Works of 

13 the Senate and the Committee on Transportation 

14 and Infrastructure of the House of Representa15 tives— 

16 ‘‘(A) a copy of the plan developed under 

17 paragraph (1); and 

18 ‘‘(B) a copy of a memorandum of under19 standing specifying coordination strategies and 

20 assignment of responsibilities covered by the 

21 plan that is signed by the Secretary and the 

22 Secretary of Homeland Security. 

23 ‘‘(i) HIGH-PERFORMANCE CONCRETE BRIDGE RE24 SEARCH AND TECHNOLOGY TRANSFER PROGRAM.—In ac25 cordance with the objectives described in subsection (c)(1) 
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1 and the requirements under sections 503(b)(4) and 

2 504(b), the Secretary shall carry out a program to dem3 onstrate the application of high-performance concrete in 

4 the construction and rehabilitation of bridges. 

5 ‘‘(j) BIOBASED TRANSPORTATION RESEARCH.— 

6 There shall be available from the Highway Trust Fund 

7 (other than the Mass Transit Account) $16,075,472 for 

8 each of fiscal years 2005 through 2009 equally divided 

9 and available to carry out biobased research of national 

10 importance at the National Biodiesel Board and at re11 search centers identified in section 9011 of Public Law 

12 107–171. 

13 ‘‘§ 503. Technology application program 

14 ‘‘(a) TECHNOLOGY APPLICATION INITIATIVES AND

15 PARTNERSHIPS PROGRAM.— 

16 ‘‘(1) ESTABLISHMENT.—The Secretary, in con17 sultation with interested stakeholders, shall develop 

18 and administer a national technology and innovation 

19 application initiatives and partnerships program. 

20 ‘‘(2) PURPOSE.—The purpose of the program 

21 shall be to significantly accelerate the adoption of 

22 technology and innovation by the surface transpor23 tation community. 

24 ‘‘(3) APPLICATION GOALS.— 
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1 ‘‘(A) ESTABLISHMENT.—Not later than 

2 180 days after the date of enactment of the 

3 Safe, Accountable, Flexible, and Efficient 

4 Transportation Equity Act of 2005, the Sec5 retary, in consultation with the Surface Trans6 portation Research Technology Advisory Com7 mittee, State transportation departments, and 

8 other interested stakeholders, shall establish, as 

9 part of the surface transportation research and 

10 technology development strategic plan under 

11 section 508(c), goals to carry out paragraph 

12 (1). 

13 ‘‘(B) DESIGN.—Each of the goals and the 

14 program developed to achieve the goals shall be 

15 designed to provide tangible benefits, with re16 spect to transportation systems, in the areas of 

17 efficiency, safety, reliability, service life, envi18 ronmental protection, and sustainability. 

19 ‘‘(C) STRATEGIES FOR ACHIEVEMENT.— 

20 For each goal, the Secretary, in cooperation 

21 with representatives of the transportation com22 munity, such as States, local governments, the 

23 private sector, and academia, shall use domestic 

24 and international technology to develop strate25 gies and initiatives to achieve the goal, includ-
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1 ing technical assistance in deploying technology 

2 and mechanisms for sharing information among 

3 program participants. 

4 ‘‘(4) INTEGRATION WITH OTHER PROGRAMS.— 

5 The Secretary shall integrate activities carried out 

6 under this subsection with the efforts of the Sec7 retary to— 

8 ‘‘(A) disseminate the results of research 

9 sponsored by the Secretary; and 

10 ‘‘(B) facilitate technology transfer. 

11 ‘‘(5) LEVERAGING OF FEDERAL RESOURCES.— 

12 In selecting projects to be carried out under this 

13 subsection, the Secretary shall give preference to 

14 projects that leverage Federal funds with other sig15 nificant public or private resources. 

16 ‘‘(6) GRANTS, COOPERATIVE AGREEMENTS, AND

17 CONTRACTS.—Under the program, the Secretary 

18 may make grants and enter into cooperative agree19 ments and contracts to foster alliances and support 

20 efforts to stimulate advances in transportation tech21 nology. 

22 ‘‘(7) REPORTS.—The results and progress of 

23 activities carried out under this section shall be pub24 lished as part of the annual transportation research 
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1 report prepared by the Secretary under section 

2 508(c)(5). 

3 ‘‘(8) ALLOCATION.—To the extent appropriate 

4 to achieve the goals established under paragraph (3), 

5 the Secretary may further allocate funds made avail6 able to carry out this section to States for use by 

7 those States. 

8 ‘‘(b) INNOVATIVE SURFACE TRANSPORTATION IN9 FRASTRUCTURE RESEARCH AND CONSTRUCTION PRO10 GRAM.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall estab12 lish and carry out a program for the application of 

13 innovative material, design, and construction tech14 nologies in the construction, preservation, and reha15 bilitation of elements of surface transportation infra16 structure. 

17 ‘‘(2) GOALS.—The goals of the program shall 

18 include— 

19 ‘‘(A) the development of new, cost-effec20 tive, and innovative materials; 

21 ‘‘(B) the reduction of maintenance costs 

22 and life-cycle costs of elements of infrastruc23 ture, including the costs of new construction, 

24 replacement, and rehabilitation; 
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1 ‘‘(C) the development of construction tech2 niques to increase safety and reduce construc3 tion time and traffic congestion; 

4 ‘‘(D) the development of engineering de5 sign criteria for innovative products and mate6 rials for use in surface transportation infra7 structure; 

8 ‘‘(E) the development of highway bridges 

9 and structures that will withstand natural dis10 asters and disasters caused by human activity; 

11 and 

12 ‘‘(F) the development of new, non13 destructive technologies and techniques for the 

14 evaluation of elements of transportation infra15 structure. 

16 ‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND

17 CONTRACTS.— 

18 ‘‘(A) IN GENERAL.—Under the program, 

19 the Secretary shall make grants to, and enter 

20 into cooperative agreements and contracts 

21 with— 

22 ‘‘(i) States, other Federal agencies, 

23 universities and colleges, private sector en24 tities, and nonprofit organizations, to pay 

25 the Federal share of the cost of research, 
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1 development, and technology transfer con2 cerning innovative materials and methods; 

3 and 

4 ‘‘(ii) States, to pay the Federal share 

5 of the cost of repair, rehabilitation, re6 placement, and new construction of ele7 ments of surface transportation infrastruc8 ture that demonstrate the application of 

9 innovative materials and methods. 

10 ‘‘(B) APPLICATIONS.— 

11 ‘‘(i) IN GENERAL.—To receive a grant 

12 under this subsection, an entity described 

13 in subparagraph (A) shall submit to the 

14 Secretary an application in such form and 

15 containing such information as the Sec16 retary may require. 

17 ‘‘(ii) APPROVAL.—The Secretary shall 

18 select and approve an application based on 

19 whether the proposed project that is the 

20 subject of the application would meet the 

21 goals described in paragraph (2). 

22 ‘‘(4) TECHNOLOGY AND INFORMATION TRANS23 FER.—The Secretary shall take such action as is 

24 necessary to— 
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1 ‘‘(A) ensure that the information and tech2 nology resulting from research conducted under 

3 paragraph (3) is made available to State and 

4 local transportation departments and other in5 terested parties, as specified by the Secretary; 

6 and 

7 ‘‘(B) encourage the use of the information 

8 and technology. 

9 ‘‘(5) FEDERAL SHARE.—The Federal share of 

10 the cost of a project under this section shall be de11 termined by the Secretary. 

12 ‘‘§ 504. Training and education 

13 ‘‘(a) NATIONAL HIGHWAY INSTITUTE.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall— 

15 ‘‘(A) operate, in the Federal Highway Ad16 ministration, a National Highway Institute (re17 ferred to in this subsection as the ‘Institute’); 

18 and 

19 ‘‘(B) administer, through the Institute, the 

20 authority vested in the Secretary by this title or 

21 by any other law for the development and con22 duct of education and training programs relat23 ing to highways. 

24 ‘‘(2) DUTIES OF THE INSTITUTE.—In coopera25 tion with State transportation departments, indus-
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1 tries in the United States, and national or inter2 national entities, the Institute shall develop and ad3 minister education and training programs of instruc4 tion for— 

5 ‘‘(A) Federal Highway Administration, 

6 State, and local transportation agency employ7 ees; 

8 ‘‘(B) regional, State, and metropolitan 

9 planning organizations; 

10 ‘‘(C) State and local police, public safety, 

11 and motor vehicle employees; and 

12 ‘‘(D) United States citizens and foreign 

13 nationals engaged or to be engaged in surface 

14 transportation work of interest to the United 

15 States. 

16 ‘‘(3) COURSES.— 

17 ‘‘(A) IN GENERAL.—The Institute shall— 

18 ‘‘(i) develop or update existing courses 

19 in asset management, including courses 

20 that include such components as— 

21 ‘‘(I) the determination of life22 cycle costs; 

23 ‘‘(II) the valuation of assets; 

24 ‘‘(III) benefit-to-cost ratio cal25 culations; and 
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1 ‘‘(IV) objective decisionmaking 

2 processes for project selection; and 

3 ‘‘(ii) continually develop courses relat4 ing to the application of emerging tech5 nologies for— 

6 ‘‘(I) transportation infrastructure 

7 applications and asset management; 

8 ‘‘(II) intelligent transportation 

9 systems; 

10 ‘‘(III) operations (including secu11 rity operations); 

12 ‘‘(IV) the collection and archiving 

13 of data; 

14 ‘‘(V) expediting the planning and 

15 development of transportation 

16 projects; and 

17 ‘‘(VI) the intermodal movement 

18 of individuals and freight. 

19 ‘‘(B) ADDITIONAL COURSES.—In addition 

20 to the courses developed under subparagraph 

21 (A), the Institute, in consultation with State 

22 transportation departments, metropolitan plan23 ning organizations, and the American Associa24 tion of State Highway and Transportation Offi25 cials, may develop courses relating to tech-
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1 nology, methods, techniques, engineering, con2 struction, safety, maintenance, environmental 

3 mitigation and compliance, regulations, man4 agement, inspection, and finance. 

5 ‘‘(C) REVISION OF COURSES OFFERED.— 

6 The Institute shall periodically— 

7 ‘‘(i) review the course inventory of the 

8 Institute; and 

9 ‘‘(ii) revise or cease to offer courses 

10 based on course content, applicability, and 

11 need. 

12 ‘‘(4) ELIGIBILITY; FEDERAL SHARE.—The 

13 funds apportioned to a State under section 

14 104(b)(3) for the surface transportation program 

15 shall be available for expenditure by the State trans16 portation department for the payment of not to ex17 ceed 80 percent of the cost of tuition and direct edu18 cational expenses (excluding salaries) in connection 

19 with the education and training of employees of 

20 State and local transportation agencies in accord21 ance with this subsection. 

22 ‘‘(5) FEDERAL RESPONSIBILITY.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), education and training of 

25 employees of Federal, State, and local transpor-
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1 tation (including highway) agencies authorized 

2 under this subsection may be provided— 

3 ‘‘(i) by the Secretary, at no cost to 

4 the States and local governments, if the 

5 Secretary determines that provision at no 

6 cost is in the public interest; or 

7 ‘‘(ii) by the State, through grants, co8 operative agreements, and contracts with 

9 public and private agencies, institutions, 

10 individuals, and the Institute. 

11 ‘‘(B) PAYMENT OF FULL COST BY PRIVATE

12 PERSONS.—Private agencies, international or 

13 foreign entities, and individuals shall pay the 

14 full cost of any education and training (includ15 ing the cost of course development) received by 

16 the agencies, entities, and individuals, unless 

17 the Secretary determines that payment of a 

18 lesser amount of the cost is of critical impor19 tance to the public interest. 

20 ‘‘(6) TRAINING FELLOWSHIPS; COOPERATION.— 

21 The Institute may— 

22 ‘‘(A) engage in training activities author23 ized under this subsection, including the grant24 ing of training fellowships; and 
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1 ‘‘(B) exercise the authority of the Institute 

2 independently or in cooperation with any— 

3 ‘‘(i) other Federal or State agency; 

4 ‘‘(ii) association, authority, institu5 tion, or organization; 

6 ‘‘(iii) for-profit or nonprofit corpora7 tion; 

8 ‘‘(iv) national or international entity; 

9 ‘‘(v) foreign country; or 

10 ‘‘(vi) person. 

11 ‘‘(7) COLLECTION OF FEES.— 

12 ‘‘(A) IN GENERAL.—In accordance with 

13 this subsection, the Institute may assess and 

14 collect fees to defray the costs of the Institute 

15 in developing or administering education and 

16 training programs under this subsection. 

17 ‘‘(B) PERSONS SUBJECT TO FEES.—Fees 

18 may be assessed and collected under this sub19 section only with respect to— 

20 ‘‘(i) persons and entities for whom 

21 education or training programs are devel22 oped or administered under this sub23 section; and 
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1 ‘‘(ii) persons and entities to whom 

2 education or training is provided under 

3 this subsection. 

4 ‘‘(C) AMOUNT OF FEES.—The fees as5 sessed and collected under this subsection shall 

6 be established in a manner that ensures that 

7 the liability of any person or entity for a fee is 

8 reasonably based on the proportion of the costs 

9 referred to in subparagraph (A) that relate to 

10 the person or entity. 

11 ‘‘(D) USE.—All fees collected under this 

12 subsection shall be used, without further appro13 priation, to defray costs associated with the de14 velopment or administration of education and 

15 training programs authorized under this sub16 section. 

17 ‘‘(8) RELATION TO FEES.—The funds made 

18 available to carry out this subsection may be com19 bined with or held separate from the fees collected 

20 under— 

21 ‘‘(A) paragraph (7); 

22 ‘‘(B) memoranda of understanding; 

23 ‘‘(C) regional compacts; and 

24 ‘‘(D) other similar agreements. 

25 ‘‘(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.— 
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1 ‘‘(1) AUTHORITY.—The Secretary shall carry 

2 out a local technical assistance program that will 

3 provide access to surface transportation technology 

4 to— 

5 ‘‘(A) highway and transportation agencies 

6 in urbanized areas; 

7 ‘‘(B) highway and transportation agencies 

8 in rural areas; 

9 ‘‘(C) contractors that perform work for the 

10 agencies; and 

11 ‘‘(D) infrastructure security. 

12 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

13 CONTRACTS.—The Secretary may make grants and 

14 enter into cooperative agreements and contracts to 

15 provide education and training, technical assistance, 

16 and related support services to— 

17 ‘‘(A) assist rural, local transportation 

18 agencies and tribal governments, and the con19 sultants and construction personnel working for 

20 the agencies and governments, to— 

21 ‘‘(i) develop and expand expertise in 

22 road and transportation areas (including 

23 pavement, bridge, concrete structures, 

24 intermodal connections, safety manage25 ment systems, intelligent transportation 
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1 systems, incident response, operations, and 

2 traffic safety countermeasures); 

3 ‘‘(ii) improve roads and bridges; 

4 ‘‘(iii) enhance— 

5 ‘‘(I) programs for the movement 

6 of passengers and freight; and 

7 ‘‘(II) intergovernmental transpor8 tation planning and project selection; 

9 and 

10 ‘‘(iv) deal effectively with special 

11 transportation-related problems by pre12 paring and providing training packages, 

13 manuals, guidelines, and technical resource 

14 materials; 

15 ‘‘(B) develop technical assistance for tour16 ism and recreational travel; 

17 ‘‘(C) identify, package, and deliver trans18 portation technology and traffic safety informa19 tion to local jurisdictions to assist urban trans20 portation agencies in developing and expanding 

21 their ability to deal effectively with transpor22 tation-related problems (particularly the pro23 motion of regional cooperation); 

24 ‘‘(D) operate, in cooperation with State 

25 transportation departments and universities— 
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•S 732 PCS 

1 ‘‘(i) local technical assistance program 

2 centers designated to provide transpor3 tation technology transfer services to rural 

4 areas and to urbanized areas; and 

5 ‘‘(ii) local technical assistance pro6 gram centers designated to provide trans7 portation technical assistance to tribal gov8 ernments; and 

9 ‘‘(E) allow local transportation agencies 

10 and tribal governments, in cooperation with the 

11 private sector, to enhance new technology im12 plementation. 

13 ‘‘(c) RESEARCH FELLOWSHIPS.— 

14 ‘‘(1) GENERAL AUTHORITY.—The Secretary, 

15 acting independently or in cooperation with other 

16 Federal agencies and instrumentalities, may make 

17 grants for research fellowships for any purpose for 

18 which research is authorized by this chapter. 

19 ‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR20 TATION FELLOWSHIP PROGRAM.—The Secretary 

21 shall establish and implement a transportation re22 search fellowship program, to be known as the 

23 ‘Dwight David Eisenhower Transportation Fellow24 ship Program’, for the purpose of attracting quali25 fied students to the field of transportation. 
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1 ‘‘§ 505. State planning and research 

2 ‘‘(a) IN GENERAL.—Two percent of the sums appor3 tioned to a State for fiscal year 2005 and each fiscal year 

4 thereafter under sections 104 (other than subsections (f) 

5 and (h)) and 144 shall be available for expenditure by the 

6 State, in consultation with the Secretary, only for— 

7 ‘‘(1) the conduct of engineering and economic 

8 surveys and investigations; 

9 ‘‘(2) the planning of— 

10 ‘‘(A) future highway programs and local 

11 public transportation systems; and 

12 ‘‘(B) the financing of those programs and 

13 systems, including metropolitan and statewide 

14 planning under sections 134 and 135; 

15 ‘‘(3) the development and implementation of 

16 management systems under section 303; 

17 ‘‘(4) the conduct of studies on— 

18 ‘‘(A) the economy, safety, and convenience 

19 of surface transportation systems; and 

20 ‘‘(B) the desirable regulation and equitable 

21 taxation of those systems; 

22 ‘‘(5) research, development, and technology 

23 transfer activities necessary in connection with the 

24 planning, design, construction, management, and 

25 maintenance of highway, public transportation, and 

26 intermodal transportation systems; 
454 

•S 732 PCS 

1 ‘‘(6) the conduct of studies, research, and train2 ing relating to the engineering standards and con3 struction materials for surface transportation sys4 tems described in paragraph (5) (including the eval5 uation and accreditation of inspection and testing 

6 and the regulation of and charging for the use of the 

7 standards and materials); and 

8 ‘‘(7) the conduct of activities relating to the 

9 planning of real-time monitoring elements. 

10 ‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, DE11 VELOPMENT, AND TECHNOLOGY TRANSFER ACTIVI12 TIES.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

14 not less than 25 percent of the funds subject to sub15 section (a) that are apportioned to a State for a fis16 cal year shall be expended by the State for research, 

17 development, and technology transfer activities 

18 that— 

19 ‘‘(A) are described in subsection (a); and 

20 ‘‘(B) relate to highway, public transpor21 tation, and intermodal transportation systems. 

22 ‘‘(2) WAIVERS.—The Secretary may waive the 

23 application of paragraph (1) with respect to a State 

24 for a fiscal year if— 
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1 ‘‘(A) the State certifies to the Secretary 

2 for the fiscal year that total expenditures by the 

3 State for transportation planning under sec4 tions 134 and 135 will exceed 75 percent of the 

5 funds described in paragraph (1); and 

6 ‘‘(B) the Secretary accepts the certification 

7 of the State. 

8 ‘‘(3) NONAPPLICABILITY OF ASSESSMENT.— 

9 Funds expended under paragraph (1) shall not be 

10 considered to be part of the extramural budget of 

11 the agency for the purpose of section 9 of the Small 

12 Business Act (15 U.S.C. 638). 

13 ‘‘(c) FEDERAL SHARE.—The Federal share of the 

14 cost of a project carried out using funds subject to sub15 section (a) shall be the share applicable under section 

16 120(b), as adjusted under subsection (d) of that section. 

17 ‘‘(d) ADMINISTRATION OF SUMS.—Funds subject to 

18 subsection (a) shall be— 

19 ‘‘(1) combined and administered by the Sec20 retary as a single fund; and 

21 ‘‘(2) available for obligation for the period de22 scribed in section 118(b)(2). 

23 ‘‘(e) ELIGIBLE USE OF STATE PLANNING AND RE24 SEARCH FUNDS.—A State, in coordination with the Sec-
456 

•S 732 PCS 

1 retary, may obligate funds made available to carry out this 

2 section for any purpose authorized under section 506(a). 

3 ‘‘§ 506. International highway transportation out4 reach program 

5 ‘‘(a) ESTABLISHMENT.—The Secretary may establish 

6 an international highway transportation outreach pro7 gram— 

8 ‘‘(1) to inform the United States highway com9 munity of technological innovations in foreign coun10 tries that could significantly improve highway trans11 portation in the United States; 

12 ‘‘(2) to promote United States highway trans13 portation expertise, goods, and services in foreign 

14 countries; and 

15 ‘‘(3) to increase transfers of United States 

16 highway transportation technology to foreign coun17 tries. 

18 ‘‘(b) ACTIVITIES.—Activities carried out under the 

19 program may include— 

20 ‘‘(1) the development, monitoring, assessment, 

21 and dissemination in the United States of informa22 tion about highway transportation innovations in 

23 foreign countries that could significantly improve 

24 highway transportation in the United States; 
457 

•S 732 PCS 

1 ‘‘(2) research, development, demonstration, 

2 training, and other forms of technology transfer and 

3 exchange; 

4 ‘‘(3) the provision to foreign countries, through 

5 participation in trade shows, seminars, expositions, 

6 and other similar activities, of information relating 

7 to the technical quality of United States highway 

8 transportation goods and services; 

9 ‘‘(4) the offering of technical services of the 

10 Federal Highway Administration that cannot be 

11 readily obtained from private sector firms in the 

12 United States for incorporation into the proposals of 

13 those firms undertaking highway transportation 

14 projects outside the United States, if the costs of the 

15 technical services will be recovered under the terms 

16 of the project; 

17 ‘‘(5) the conduct of studies to assess the need 

18 for, or feasibility of, highway transportation im19 provements in foreign countries; and 

20 ‘‘(6) the gathering and dissemination of infor21 mation on foreign transportation markets and indus22 tries. 

23 ‘‘(c) COOPERATION.—The Secretary may carry out 

24 this section in cooperation with any appropriate— 

25 ‘‘(1) Federal, State, or local agency; 
458 

•S 732 PCS 

1 ‘‘(2) authority, association, institution, or orga2 nization; 

3 ‘‘(3) for-profit or nonprofit corporation; 

4 ‘‘(4) national or international entity; 

5 ‘‘(5) foreign country; or 

6 ‘‘(6) person. 

7 ‘‘(d) FUNDS.— 

8 ‘‘(1) CONTRIBUTIONS.—Funds available to 

9 carry out this section shall include funds deposited 

10 by any cooperating organization or person into a 

11 special account of the Treasury established for this 

12 purpose. 

13 ‘‘(2) ELIGIBLE USES OF FUNDS.—The funds 

14 deposited into the account, and other funds available 

15 to carry out this section, shall be available to cover 

16 the cost of any activity eligible under this section, 

17 including the cost of— 

18 ‘‘(A) promotional materials; 

19 ‘‘(B) travel; 

20 ‘‘(C) reception and representation ex21 penses; and 

22 ‘‘(D) salaries and benefits. 

23 ‘‘(3) REIMBURSEMENTS FOR SALARIES AND

24 BENEFITS.—Reimbursements for salaries and bene25 fits of Department of Transportation employees pro-
459 

•S 732 PCS 

1 viding services under this section shall be credited to 

2 the account. 

3 ‘‘(e) REPORT—For each fiscal year, the Secretary 

4 shall submit to the Committee on Environment and Public 

5 Works of the Senate and the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 a report that describes the destinations and individual trip 

8 costs of international travel conducted in carrying out ac9 tivities described in this section. 

10 ‘‘§ 507. Surface transportation-environmental cooper11 ative research program 

12 ‘‘(a) IN GENERAL.—The Secretary shall establish 

13 and carry out a surface transportation-environmental co14 operative research program. 

15 ‘‘(b) CONTENTS.—The program carried out under 

16 this section may include research— 

17 ‘‘(1) to develop more accurate models for evalu18 ating transportation control measures and transpor19 tation system designs that are appropriate for use 

20 by State and local governments (including metropoli21 tan planning organizations) in designing implemen22 tation plans to meet Federal, State, and local envi23 ronmental requirements; 

24 ‘‘(2) to improve understanding of the factors 

25 that contribute to the demand for transportation; 
460 

•S 732 PCS 

1 ‘‘(3) to develop indicators of economic, social, 

2 and environmental performance of transportation 

3 systems to facilitate analysis of potential alter4 natives; 

5 ‘‘(4) to meet additional priorities as determined 

6 by the Secretary in the strategic planning process 

7 under section 508; and 

8 ‘‘(5) to refine, through the conduct of work9 shops, symposia, and panels, and in consultation 

10 with stakeholders (including the Department of En11 ergy, the Environmental Protection Agency, and 

12 other appropriate Federal and State agencies and 

13 associations) the scope and research emphases of the 

14 program. 

15 ‘‘(c) PROGRAM ADMINISTRATION.—The Secretary 

16 shall— 

17 ‘‘(1) administer the program established under 

18 this section; and 

19 ‘‘(2) ensure, to the maximum extent prac20 ticable, that— 

21 ‘‘(A) the best projects and researchers are 

22 selected to conduct research in the priority 

23 areas described in subsection (b)— 

24 ‘‘(i) on the basis of merit of each sub25 mitted proposal; and 
461 

•S 732 PCS 

1 ‘‘(ii) through the use of open solicita2 tions and selection by a panel of appro3 priate experts; 

4 ‘‘(B) a qualified, permanent core staff with 

5 the ability and expertise to manage a large 

6 multiyear budget is used; 

7 ‘‘(C) the stakeholders are involved in the 

8 governance of the program, at the executive, 

9 overall program, and technical levels, through 

10 the use of expert panels and committees; and 

11 ‘‘(D) there is no duplication of research ef12 fort between the program established under this 

13 section and the new strategic highway research 

14 program established under section 509. 

15 ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec16 retary may make grants to, and enter into cooperative 

17 agreements with, the National Academy of Sciences to 

18 carry out such activities relating to the research, tech19 nology, and technology transfer activities described in sub20 sections (b) and (c) as the Secretary determines to be ap21 propriate. 

22 ‘‘§ 508. Surface transportation research technology 

23 deployment and strategic planning 

24 ‘‘(a) PLANNING.— 

25 ‘‘(1) ESTABLISHMENT.—The Secretary shall— 
462 

•S 732 PCS 

1 ‘‘(A) establish, in accordance with section 

2 306 of title 5, a strategic planning process 

3 that— 

4 ‘‘(i) enhances effective implementation 

5 of this section through the establishment 

6 in accordance with paragraph (2) of the 

7 Surface Transportation Research Tech8 nology Advisory Committee; and 

9 ‘‘(ii) focuses on surface transportation 

10 research funded through paragraphs (1), 

11 (2), (4), and (5) of section 2001(a) of the 

12 Safe, Accountable, Flexible, and Efficient 

13 Transportation Equity Act of 2005, taking 

14 into consideration national surface trans15 portation system needs and intermodality 

16 requirements; 

17 ‘‘(B) coordinate Federal surface transpor18 tation research, technology development, and 

19 deployment activities; 

20 ‘‘(C) at such intervals as are appropriate 

21 and practicable, measure the results of those 

22 activities and the ways in which the activities 

23 affect the performance of the surface transpor24 tation systems of the United States; and 
463 

•S 732 PCS 

1 ‘‘(D) ensure, to the maximum extent prac2 ticable, that planning and reporting activities 

3 carried out under this section are coordinated 

4 with all other surface transportation planning 

5 and reporting requirements. 

6 ‘‘(2) SURFACE TRANSPORTATION RESEARCH

7 TECHNOLOGY ADVISORY COMMITTEE.— 

8 ‘‘(A) ESTABLISHMENT.—Not later than 90 

9 days after the date of enactment of the Safe, 

10 Accountable, Flexible, and Efficient Transpor11 tation Equity Act of 2005, the Secretary shall 

12 establish a committee to be known as the ‘Sur13 face Transportation Research Technology Advi14 sory Committee’ (referred to in this section as 

15 the ‘Committee’). 

16 ‘‘(B) MEMBERSHIP.—The Committee shall 

17 be composed of 12 members appointed by the 

18 Secretary— 

19 ‘‘(i) each of which shall have expertise 

20 in a particular area relating to Federal 

21 surface transportation programs, includ22 ing— 

23 ‘‘(I) safety; 

24 ‘‘(II) operations; 
464 

•S 732 PCS 

1 ‘‘(III) infrastructure (including 

2 pavements and structures); 

3 ‘‘(IV) planning and environment; 

4 ‘‘(V) policy; and 

5 ‘‘(VI) asset management; and 

6 ‘‘(ii) of which— 

7 ‘‘(I) 3 members shall be individ8 uals representing the Federal Govern9 ment; 

10 ‘‘(II) 3 members— 

11 ‘‘(aa) shall be exceptionally 

12 qualified to serve on the Com13 mittee, as determined by the Sec14 retary, based on education, train15 ing, and experience; and 

16 ‘‘(bb) shall not be officers or 

17 employees of the United States; 

18 ‘‘(III) 3 members— 

19 ‘‘(aa) shall represent the 

20 transportation industry (includ21 ing the pavement industry); and 

22 ‘‘(bb) shall not be officers or 

23 employees of the United States; 

24 and 
465 

•S 732 PCS 

1 ‘‘(IV) 3 members shall represent 

2 State transportation departments 

3 from 3 different geographical regions 

4 of the United States. 

5 ‘‘(C) MEETINGS.—The advisory sub6 committees shall meet on a regular basis, but 

7 not less than twice each year. 

8 ‘‘(D) DUTIES.—The Committee shall pro9 vide to the Secretary, on a continuous basis, ad10 vice and guidance relating to— 

11 ‘‘(i) the determination of surface 

12 transportation research priorities; 

13 ‘‘(ii) the improvement of the research 

14 planning and implementation process; 

15 ‘‘(iii) the design and selection of re16 search projects; 

17 ‘‘(iv) the review of research results; 

18 ‘‘(v) the planning and implementation 

19 of technology transfer activities and 

20 ‘‘(vi) the formulation of the surface 

21 transportation research and technology de22 ployment and deployment strategic plan re23 quired under subsection (c). 

24 ‘‘(E) AUTHORIZATION OF APPROPRIA25 TIONS.—There is authorized to be appropriated 
466 

•S 732 PCS 

1 from the Highway Trust Fund (other than the 

2 Mass Transit Account) to carry out this para3 graph $178,616 for each fiscal year. 

4 ‘‘(b) IMPLEMENTATION.—The Secretary shall— 

5 ‘‘(1) provide for the integrated planning, coordi6 nation, and consultation among the operating ad7 ministrations of the Department of Transportation, 

8 all other Federal agencies with responsibility for sur9 face transportation research and technology develop10 ment, State and local governments, institutions of 

11 higher education, industry, and other private and 

12 public sector organizations engaged in surface trans13 portation-related research and development activi14 ties; and 

15 ‘‘(2) ensure that the surface transportation re16 search and technology development programs of the 

17 Department do not duplicate other Federal, State, 

18 or private sector research and development pro19 grams. 

20 ‘‘(c) SURFACE TRANSPORTATION RESEARCH AND

21 TECHNOLOGY DEPLOYMENT STRATEGIC PLAN.— 

22 ‘‘(1) IN GENERAL.—After receiving, and based 

23 on, extensive consultation and input from stake24 holders representing the transportation community 

25 and the Surface Transportation Research Advisory 
467 

•S 732 PCS 

1 Committee, the Secretary shall, not later than 1 

2 year after the date of enactment of the Safe, Ac3 countable, Flexible, and Efficient Transportation 

4 Equity Act of 2005, complete, and shall periodically 

5 update thereafter, a strategic plan for each of the 

6 core surface transportation research areas, includ7 ing— 

8 ‘‘(A) safety; 

9 ‘‘(B) operations; 

10 ‘‘(C) infrastructure (including pavements 

11 and structures); 

12 ‘‘(D) planning and environment; 

13 ‘‘(E) policy; and 

14 ‘‘(F) asset management. 

15 ‘‘(2) COMPONENTS.—The strategic plan shall 

16 specify— 

17 ‘‘(A) surface transportation research objec18 tives and priorities; 

19 ‘‘(B) specific surface transportation re20 search projects to be conducted; 

21 ‘‘(C) recommended technology transfer ac22 tivities to promote the deployment of advances 

23 resulting from the surface transportation re24 search conducted; and 
468 

•S 732 PCS 

1 ‘‘(D) short- and long-term technology de2 velopment and deployment activities. 

3 ‘‘(3) REVIEW AND SUBMISSION OF FINDINGS.— 

4 The Secretary shall enter into a contract with the 

5 Transportation Research Board of the National 

6 Academy of Sciences, on behalf of the Research and 

7 Technology Coordinating Committee of the National 

8 Research Council, under which— 

9 ‘‘(A) the Transportation Research Board 

10 shall— 

11 ‘‘(i) review the research and tech12 nology planning and implementation proc13 ess used by Federal Highway Administra14 tion; and 

15 ‘‘(ii) evaluate each of the strategic 

16 plans prepared under this subsection— 

17 ‘‘(I) to ensure that sufficient 

18 stakeholder input is being solicited 

19 and considered throughout the prepa20 ration process; and 

21 ‘‘(II) to offer recommendations 

22 relevant to research priorities, project 

23 selection, and deployment strategies; 

24 and 
469 

•S 732 PCS 

1 ‘‘(B) the Secretary shall ensure that the 

2 Research and Technology Coordinating Com3 mittee, in a timely manner, informs the Com4 mittee on Environment and Public Works of the 

5 Senate and the Committee on Transportation 

6 and Infrastructure of the House of Representa7 tives of the findings of the review and evalua8 tion under subparagraph (A). 

9 ‘‘(4) RESPONSES OF SECRETARY.—Not later 

10 than 60 days after the date of completion of the 

11 strategic plan under this subsection, the Secretary 

12 shall submit to the Committee on Environment and 

13 Public Works of the Senate and the Committee on 

14 Transportation and Infrastructure of the House of 

15 Representatives written responses to each of the rec16 ommendations of the Research and Technology Co17 ordinating Committee under paragraph 

18 (3)(A)(ii)(II). 

19 ‘‘(d) CONSISTENCY WITH GOVERNMENT PERFORM20 ANCE AND RESULTS ACT OF 1993.—The plans and re21 ports developed under this section shall be consistent with 

22 and incorporated as part of the plans developed under sec23 tion 306 of title 5 and sections 1115 and 1116 of title 

24 31. 
470 

•S 732 PCS 

1 ‘‘§ 509. New strategic highway research program 

2 ‘‘(a) IN GENERAL.—The National Research Council 

3 shall establish and carry out, through fiscal year 2009, 

4 a new strategic highway research program. 

5 ‘‘(b) BASIS; PRIORITIES.—With respect to the pro6 gram established under subsection (a)— 

7 ‘‘(1) the program shall be based on— 

8 ‘‘(A) National Research Council Special 

9 Report No. 260, entitled ‘Strategic Highway 

10 Research’; and 

11 ‘‘(B) the results of the detailed planning 

12 work subsequently carried out to scope the re13 search areas through National Cooperative Re14 search Program Project 20–58. 

15 ‘‘(2) the scope and research priorities of the 

16 program shall— 

17 ‘‘(A) be refined through stakeholder input 

18 in the form of workshops, symposia, and panels; 

19 and 

20 ‘‘(B) include an examination of— 

21 ‘‘(i) the roles of highway infrastruc22 ture, drivers, and vehicles in fatalities on 

23 public roads; 

24 ‘‘(ii) high-risk areas and activities as25 sociated with the greatest numbers of high26 way fatalities; 
471 

•S 732 PCS 

1 ‘‘(iii) the roles of various levels of gov2 ernment agencies and non-governmental 

3 organizations in reducing highway fatali4 ties (including recommendations for meth5 ods of strengthening highway safety part6 nerships); 

7 ‘‘(iv) measures that may save the 

8 greatest number of lives in the short- and 

9 long-term; 

10 ‘‘(v) renewal of aging infrastructure 

11 with minimum impact on users of facilities; 

12 ‘‘(vi) driving behavior and likely crash 

13 causal factors to support improved coun14 termeasures; 

15 ‘‘(vii) reduction in congestion due to 

16 nonrecurring congestion; 

17 ‘‘(viii) planning and designing of new 

18 road capacity to meet mobility, economic, 

19 environmental, and community needs; 

20 ‘‘(3) the program shall consider, at a minimum, 

21 the results of studies relating to the implementation 

22 of the Strategic Highway Safety Plan prepared by 

23 the American Association of State Highway and 

24 Transportation Officials; and 
472 

•S 732 PCS 

1 ‘‘(4) the research results of the program, ex2 pressed in terms of technologies, methodologies, and 

3 other appropriate categorizations, shall be dissemi4 nated to practicing engineers as soon as practicable 

5 for their use. 

6 ‘‘(c) PROGRAM ADMINISTRATION.—In carrying out 

7 the program under this section, the National Research 

8 Council shall ensure, to the maximum extent practicable, 

9 that— 

10 ‘‘(1) the best projects and researchers are se11 lected to conduct research for the program and pri12 orities described in subsection (b)— 

13 ‘‘(A) on the basis of the merit of each sub14 mitted proposal; and 

15 ‘‘(B) through the use of open solicitations 

16 and selection by a panel of appropriate experts; 

17 ‘‘(2) the National Research Council acquires a 

18 qualified, permanent core staff with the ability and 

19 expertise to manage a large research program and 

20 multiyear budget; 

21 ‘‘(3) the stakeholders are involved in the gov22 ernance of the program, at the executive, overall 

23 program, and technical levels, through the use of ex24 pert panels and committees; and 
473 

•S 732 PCS 

1 ‘‘(4) there is no duplication of research effort 

2 between the program established under this section 

3 and the surface transportation-environment coopera4 tive research program established under section 507 

5 or any other research effort of the Department. 

6 ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Sec7 retary may make grants to, and enter into cooperative 

8 agreements with, the National Academy of Sciences to 

9 carry out such activities relating to research, technology, 

10 and technology transfer described in subsections (b) and 

11 (c) as the Secretary determines to be appropriate. 

12 ‘‘(e) REPORT ON IMPLEMENTATION OF RESULTS.— 

13 ‘‘(1) IN GENERAL.—Not later than October 1, 

14 2007, the Secretary shall enter into a contract with 

15 the Transportation Research Board of the National 

16 Academy of Sciences under which the Transpor17 tation Research Board shall complete a report on 

18 the strategies and administrative structure to be 

19 used for implementation of the results of new stra20 tegic highway research program. 

21 ‘‘(2) COMPONENTS.—The report under para22 graph (1) shall include, with respect to the new stra23 tegic highway research program— 

24 ‘‘(A) an identification of the most prom25 ising results of research under the program (in-
474 

•S 732 PCS 

1 cluding the persons most likely to use the re2 sults); 

3 ‘‘(B) a discussion of potential incentives 

4 for, impediments to, and methods of, imple5 menting those results; 

6 ‘‘(C) an estimate of costs that would be in7 curred in expediting implementation of those re8 sults; and 

9 ‘‘(D) recommendations for the way in 

10 which implementation of the results of the pro11 gram under this section should be conducted, 

12 coordinated, and supported in future years, in13 cluding a discussion of the administrative struc14 ture and organization best suited to carry out 

15 those responsibilities. 

16 ‘‘(3) CONSULTATION.—In developing the report, 

17 the Transportation Research Board shall consult 

18 with a wide variety of stakeholders, including— 

19 ‘‘(A) the American Association of State 

20 highway Officials; 

21 ‘‘(B) the Federal Highway Administration; 

22 and 

23 ‘‘(C) the Surface Transportation Research 

24 Technology Advisory Committee. 
475 

•S 732 PCS 

1 ‘‘(4) SUBMISSION.—Not later than February 1, 

2 2009, the Secretary shall submit to the Committee 

3 on Environment and Public Works of the Senate 

4 and the Committee on Transportation and Infra5 structure of the House of Representatives the report 

6 under this subsection. 

7 ‘‘§ 510. University transportation centers 

8 ‘‘(a) CENTERS.— 

9 ‘‘(1) IN GENERAL.—During fiscal year 2005, 

10 the Secretary shall provide grants to 40 nonprofit 

11 institutions of higher learning (or consortia of insti12 tutions of higher learning) to establish centers to ad13 dress transportation design, management, research, 

14 development, and technology matters, especially the 

15 education and training of greater numbers of indi16 viduals to enter into the professional field of trans17 portation. 

18 ‘‘(2) DISTRIBUTION OF CENTERS.—Not more 

19 than 1 university transportation center (or lead uni20 versity in a consortia of institutions of higher learn21 ing), other than a center or university selected 

22 through a competitive process, may be located in any 

23 State. 
476 

•S 732 PCS 

1 ‘‘(3) IDENTIFICATION OF CENTERS.—The uni2 versity transportation centers established under this 

3 section shall— 

4 ‘‘(A) comply with applicable requirements 

5 under subsection (c); and 

6 ‘‘(B) be located at the institutions of high7 er learning specified in paragraph (4). 

8 ‘‘(4) IDENTIFICATION OF GROUPS.—For the 

9 purpose of making grants under this subsection, the 

10 following grants are identified: 

11 ‘‘(A) GROUP A.—Group A shall consist of 

12 the 10 regional centers selected under sub13 section (b). 

14 ‘‘(B) GROUP B.—Group B shall consist of 

15 the following: 

16 ‘‘(i) ølllllllll¿. 

17 ‘‘(ii) ølllllllll¿. 

18 ‘‘(iii) ølllllllll¿. 

19 ‘‘(iv) ølllllllll¿. 

20 ‘‘(v) ølllllllll¿. 

21 ‘‘(vi) ølllllllll¿. 

22 ‘‘(vii) ølllllllll¿. 

23 ‘‘(viii) ølllllllll¿. 

24 ‘‘(ix) ølllllllll¿. 

25 ‘‘(x) ølllllllll¿. 
477 

•S 732 PCS 

1 ‘‘(xi) ølllllllll¿. 

2 ‘‘(C) GROUP C.—Group C shall consist of 

3 the following: 

4 ‘‘(i) ølllllllll¿. 

5 ‘‘(ii) ølllllllll¿. 

6 ‘‘(iii) ølllllllll¿. 

7 ‘‘(iv) ølllllllll¿. 

8 ‘‘(v) ølllllllll¿. 

9 ‘‘(vi) ølllllllll¿. 

10 ‘‘(vii) ølllllllll¿. 

11 ‘‘(viii) ølllllllll¿. 

12 ‘‘(ix) ølllllllll¿. 

13 ‘‘(x) ølllllllll¿. 

14 ‘‘(xi) ølllllllll¿. 

15 ‘‘(D) GROUP D.—Group D shall consist of 

16 the following: 

17 ‘‘(i) ølllllllll¿. 

18 ‘‘(ii) ølllllllll¿. 

19 ‘‘(iii) ølllllllll¿. 

20 ‘‘(iv) ølllllllll¿. 

21 ‘‘(v) ølllllllll¿. 

22 ‘‘(vi) ølllllllll¿. 

23 ‘‘(vii) ølllllllll¿. 

24 ‘‘(viii) ølllllllll¿. 

25 ‘‘(b) REGIONAL CENTERS.— 
478 

•S 732 PCS 

1 ‘‘(1) IN GENERAL.—Not later than September 

2 30, 2005, the Secretary shall provide to nonprofit 

3 institutions of higher learning (or consortia of insti4 tutions of higher learning) grants to be used during 

5 the period of fiscal years 2005 through 2009 to es6 tablish and operate 1 university transportation cen7 ter in each of the 10 Federal regions that comprise 

8 the Standard Federal Regional Boundary System. 

9 ‘‘(2) SELECTION OF REGIONAL CENTERS.— 

10 ‘‘(A) PROPOSALS.—In order to be eligible 

11 to receive a grant under this subsection, an in12 stitution described in paragraph (1) shall sub13 mit to the Secretary a proposal, in response to 

14 any request for proposals that shall be made by 

15 the Secretary, that is in such form and contains 

16 such information as the Secretary shall pre17 scribe. 

18 ‘‘(B) REQUEST SCHEDULE.—The Sec19 retary shall request proposals once for the pe20 riod of fiscal years 2005 and 2006 and once for 

21 the period of fiscal years 2007 through 2009. 

22 ‘‘(C) ELIGIBILITY.—Any institution of 

23 higher learning (or consortium of institutions of 

24 higher learning) that meets the criteria de25 scribed in subsection (c) (including any institu-
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1 tion identified in subsection (a)(4)) may apply 

2 for a grant under this subsection. 

3 ‘‘(D) SELECTION CRITERIA.—The Sec4 retary shall select each recipient of a grant 

5 under this subsection through a competitive 

6 process on the basis of— 

7 ‘‘(i) the location of the center within 

8 the Federal region to be served; 

9 ‘‘(ii) the demonstrated research capa10 bilities and extension resources available to 

11 the recipient to carry out this section; 

12 ‘‘(iii) the capability of the recipient to 

13 provide leadership in making national and 

14 regional contributions to the solution of 

15 immediate and long-range transportation 

16 problems; 

17 ‘‘(iv) the demonstrated ability of the 

18 recipient to disseminate results of trans19 portation research and education programs 

20 through a statewide or regionwide con21 tinuing education program; and 

22 ‘‘(v) the strategic plan that the recipi23 ent proposes to carry out using funds from 

24 the grant. 
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1 ‘‘(E) SELECTION PROCESS.—In selecting 

2 the recipients of grants under this subsection, 

3 the Secretary shall consult with, and consider 

4 the advice of— 

5 ‘‘(i) the Research and Special Pro6 grams Administration; 

7 ‘‘(ii) the Federal Highway Adminis8 tration; and 

9 ‘‘(iii) the Federal Transit Administra10 tion. 

11 ‘‘(c) CENTER REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—With respect to a univer13 sity transportation center established under sub14 section (a) or (b), the institution or consortium that 

15 receives a grant to establish the center— 

16 ‘‘(A) shall annually contribute at least 

17 $250,000 to the operation and maintenance of 

18 the center, except that payment by the institu19 tion or consortium of the salary required for 

20 transportation-related faculty and staff for a 

21 period greater than 90 days may not be counted 

22 against that contribution; 

23 ‘‘(B) shall have established, as of the date 

24 of receipt of the grant, undergraduate or grad25 uate programs in— 
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1 ‘‘(i) civil engineering; 

2 ‘‘(ii) transportation engineering; 

3 ‘‘(iii) transportation systems manage4 ment and operations; or 

5 ‘‘(iv) any other field significantly re6 lated to surface transportation systems, as 

7 determined by the Secretary; and 

8 ‘‘(C) not later than 120 days after the date 

9 on which the institution or consortium receives 

10 notice of selection as a site for the establish11 ment of a university transportation center 

12 under this section, shall submit to the Secretary 

13 a 6-year program plan for the university trans14 portation center that includes, with respect to 

15 the center— 

16 ‘‘(i) a description of the purposes of 

17 programs to be conducted by the center; 

18 ‘‘(ii) a description of the under19 graduate and graduate transportation edu20 cation efforts to be carried out by the cen21 ter; 

22 ‘‘(iii) a description of the nature and 

23 scope of research to be conducted by the 

24 center; 
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1 ‘‘(iv) a list of personnel, including the 

2 roles and responsibilities of those personnel 

3 within the center; and 

4 ‘‘(v) a detailed budget, including the 

5 amount of contributions by the institution 

6 or consortium to the center; and 

7 ‘‘(D) shall establish an advisory committee 

8 that— 

9 ‘‘(i) is composed of a representative 

10 from each of the State transportation de11 partment of the State in which the institu12 tion or consortium is located, the Depart13 ment of Transportation, and the institu14 tion or consortia, as appointed by those re15 spective entities; 

16 ‘‘(ii) in accordance with paragraph 

17 (2), shall review and approve or disapprove 

18 the plan of the institution or consortium 

19 under subparagraph (C); and 

20 ‘‘(iii) shall, to the maximum extent 

21 practicable, ensure that the proposed re22 search to be carried out by the university 

23 transportation center will contribute to the 

24 national highway research and technology 

25 agenda, as periodically updated by the Sec-
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1 retary, in consultation with stakeholders 

2 representing the highway community. 

3 ‘‘(2) PEER REVIEW.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 require peer review for each report on research 

6 carried out using funds made available for this 

7 section. 

8 ‘‘(B) PURPOSES OF PEER REVIEW.—Peer 

9 review of a report under this section shall be 

10 carried out to evaluate— 

11 ‘‘(i) the relevance of the research de12 scribed in the report with respect to the 

13 strategic plan under, and the goals of, this 

14 section; 

15 ‘‘(ii) the research covered by the re16 port, and to recommend modifications to 

17 individual project plans; 

18 ‘‘(iii) the results of the research be19 fore publication of those results; and 

20 ‘‘(iv) the overall outcomes of the re21 search. 

22 ‘‘(C) INTERNET AVAILABILITY.—Each re23 port under this section that is received by the 

24 Secretary shall be published— 
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1 ‘‘(i) by the Secretary, on the Internet 

2 website of the Department of Transpor3 tation; and 

4 ‘‘(ii) by the University Transportation 

5 Center. 

6 ‘‘(3) APPROVAL OF PLANS—A plan of an insti7 tution or consortium described in paragraph (1)(C) 

8 shall not be submitted to the Secretary until such 

9 time as the advisory committee established under 

10 paragraph (1)(D) reviews and approves the plan. 

11 ‘‘(4) FAILURE TO COMPLY.—If a recipient of a 

12 grant under this subsection fails to submit a pro13 gram plan acceptable to the Secretary and in accord14 ance with paragraph (1)(C)— 

15 ‘‘(A) the recipient shall forfeit the grant 

16 and the selection of the recipient as a site for 

17 the establishment of a university transportation 

18 center; and 

19 ‘‘(B) the Secretary shall select a replace20 ment recipient for the forfeited grant. 

21 ‘‘(5) APPLICABILITY.—This subsection does not 

22 apply to any research funds received in accordance 

23 with a competitive contract offered and entered into 

24 by the Federal Highway Administration. 
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1 ‘‘(d) OBJECTIVES.—Each university transportation 

2 center established under subsection (a) or (b) shall carry 

3 out— 

4 ‘‘(1) undergraduate or graduate education pro5 grams that include— 

6 ‘‘(A) multidisciplinary coursework; and 

7 ‘‘(B) opportunities for students to partici8 pate in research; 

9 ‘‘(2) basic and applied research, the results and 

10 products of which shall be judged by peers or other 

11 experts in the field so as to advance the body of 

12 knowledge in transportation; and 

13 ‘‘(3) an ongoing program of technology transfer 

14 that makes research results available to potential 

15 users in such form as will enable the results to be 

16 implemented, used, or otherwise applied. 

17 ‘‘(e) MAINTENANCE OF EFFORT.—To be eligible to 

18 receive a grant under this section, an applicant shall— 

19 ‘‘(1) enter into an agreement with the Secretary 

20 to ensure that the applicant will maintain total ex21 penditures from all other sources to establish and 

22 operate a university transportation center and re23 lated educational and research activities at a level 

24 that is at least equal to the average level of those 
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1 expenditures during the 2 fiscal years before the 

2 date on which the grant is provided; 

3 ‘‘(2) provide the annual institutional contribu4 tion required under subsection (c)(1); and 

5 ‘‘(3) submit to the Secretary, in a timely man6 ner, for use by the Secretary in the preparation of 

7 the annual research report under section 508(c)(5) 

8 of title 23, an annual report on the projects and ac9 tivities of the university transportation center for 

10 which funds are made available under section 2001 

11 of the Safe, Accountable, Flexible, and Efficient 

12 Transportation Equity Act of 2005 that contains, at 

13 a minimum, for the fiscal year covered by the report, 

14 a description of— 

15 ‘‘(A) the goals of the center; 

16 ‘‘(B) the educational activities carried out 

17 by the center (including a detailed summary of 

18 the budget for those educational activities); 

19 ‘‘(C) teaching activities of faculty at the 

20 center; 

21 ‘‘(D) each research project carried out by 

22 the center, including— 

23 ‘‘(i) the identity and location of each 

24 investigator working on a research project; 
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1 ‘‘(ii) the overall funding amount for 

2 each research project (including the 

3 amounts expended for the project as of the 

4 date of the report); 

5 ‘‘(iii) the current schedule for each re6 search project; and 

7 ‘‘(iv) the results of each research 

8 project through the date of submission of 

9 the report, with particular emphasis on re10 sults for the fiscal year covered by the re11 port; and 

12 ‘‘(E) overall technology transfer and imple13 mentation efforts of the center. 

14 ‘‘(f) PROGRAM COORDINATION.—The Secretary 

15 shall— 

16 ‘‘(1) coordinate the research, education, train17 ing, and technology transfer activities carried out by 

18 recipients of grants under this section; and 

19 ‘‘(2) establish and operate a clearinghouse for, 

20 and disseminate, the results of those activities. 

21 ‘‘(g) FUNDING.— 

22 ‘‘(1) NUMBER AND AMOUNT OF GRANTS.—The 

23 Secretary shall make the following grants under this 

24 subsection: 
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1 ‘‘(A) GROUP A.—For each of fiscal years 

2 2005 through 2009, the Secretary shall make a 

3 grant in the amount of $893,082 to each of the 

4 institutions in group A (as described in sub5 section (a)(4)(A)). 

6 ‘‘(B) GROUP B.—The Secretary shall make 

7 a grant to each of the institutions in group B 

8 (as described in subsection (a)(4)(B)) in the 

9 amount of— 

10 ‘‘(i) $357,240 for fiscal year 2005; 

11 and 

12 ‘‘(ii) $535,860 for each of fiscal years 

13 2006 and 2007. 

14 ‘‘(C) GROUP C.—For each of fiscal years 

15 2005 through 2007, the Secretary shall make a 

16 grant in the amount of $893,082 to each of the 

17 institutions in group C (as described in sub18 section (a)(4)(C)). 

19 ‘‘(D) GROUP D.—For each of fiscal years 

20 2005 through 2009, the Secretary shall make a 

21 grant in the amount of $1,786,164 to each of 

22 the institutions in group D (as described in 

23 subsection (a)(4)(D)). 

24 ‘‘(E) LIMITED GRANTS FOR GROUPS B AND

25 C.—For each of fiscal years 2008 and 2009, of 
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1 the institutions classified in groups B and C (as 

2 described in subsection (a)(4)(B)), the Sec3 retary shall select and make grants in an 

4 amount totaling $35,724,000 to not more than 

5 15 institutions. 

6 ‘‘(2) USE OF FUNDS— 

7 ‘‘(A) IN GENERAL.—Of the funds made 

8 available for a fiscal year to a university trans9 portation center established under subsection 

10 (a) or (b)— 

11 ‘‘(i) not less than $250,000 shall be 

12 used to establish and maintain new faculty 

13 positions for the teaching of under14 graduate, transportation-related courses; 

15 ‘‘(ii) not more than $500,000 for the 

16 fiscal year, or $1,000,000 in the aggregate, 

17 may be used to construct or improve trans18 portation-related laboratory facilities; and 

19 ‘‘(iii) not more than $300,000 for the 

20 fiscal year may be used for student intern21 ships of not more than 180 days in dura22 tion to enable students to gain experience 

23 by working on transportation projects as 

24 interns with design or construction firms. 
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1 ‘‘(B) FACILITIES AND ADMINISTRATION

2 FEE.—Not more than 10 percent of any grant 

3 made available to a university transportation 

4 center (or any institution or consortium that es5 tablishes such a center) for a fiscal year may be 

6 used to pay to the appropriate nonprofit institu7 tion of higher learning any administration and 

8 facilities fee (or any similar overhead fee) for 

9 the fiscal year. 

10 ‘‘(3) LIMITATION ON AVAILABILITY OF

11 FUNDS.—Funds made available under this sub12 section shall remain available for obligation for a pe13 riod of 2 years after September 30 of the fiscal year 

14 for which the funds are authorized. 

15 ‘‘§ 511. Multistate corridor operations and manage16 ment 

17 ‘‘(a) IN GENERAL.—The Secretary shall encourage 

18 multistate cooperative agreements, coalitions, or other ar19 rangements to promote regional cooperation, planning, 

20 and shared project implementation for programs and 

21 projects to improve transportation system management 

22 and operations. 

23 ‘‘(b) INTERSTATE ROUTE I–95 CORRIDOR COALI24 TION TRANSPORTATION SYSTEMS MANAGEMENT AND OP25 ERATIONS.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall make 

2 grants under this subsection to States to continue 

3 intelligent transportation system management and 

4 operations in the Interstate Route I–95 corridor coa5 lition region initiated under the Intermodal Surface 

6 Transportation Efficiency Act of 1991 (Public Law 

7 102–240). 

8 ‘‘(2) FUNDING.—Of the amounts made avail9 able under section 2001(a)(4) of the Safe, Account10 able, Flexible, and Efficient Transportation Equity 

11 Act of 2005, the Secretary shall use to carry out 

12 this subsection— 

13 ‘‘(A) $8,930,818 for fiscal year 2005; 

14 ‘‘(B) $10,716,981 for fiscal year 2006; 

15 ‘‘(C) $10,716,981 for fiscal year 2007; 

16 ‘‘(D) $10,716,981 for fiscal year 2008; 

17 and 

18 ‘‘(E) $10,716,981 for fiscal year 2009. 

19 ‘‘§ 512. Transportation analysis simulation system 

20 ‘‘(a) CONTINUATION OF TRANSIMS DEVELOP21 MENT.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall con23 tinue the deployment of the advanced transportation 

24 model known as the ‘Transportation Analysis Sim25 ulation System’ (referred to in this section as 
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1 ‘TRANSIMS’) developed by the Los Alamos Na2 tional Laboratory. 

3 ‘‘(2) REQUIREMENTS AND CONSIDERATIONS.— 

4 In carrying out paragraph (1), the Secretary shall— 

5 ‘‘(A) further improve TRANSIMS to re6 duce the cost and complexity of using the 

7 TRANSIMS; 

8 ‘‘(B) continue development of TRANSIMS 

9 for applications to facilitate transportation 

10 planning, regulatory compliance, and response 

11 to natural disasters and other transportation 

12 disruptions; and 

13 ‘‘(C) assist State transportation depart14 ments and metropolitan planning organizations, 

15 especially smaller metropolitan planning organi16 zations, in the implementation of TRANSIMS 

17 by providing training and technical assistance. 

18 ‘‘(b) ELIGIBLE ACTIVITIES.—The Secretary shall use 

19 funds made available to carry out this section— 

20 ‘‘(1) to further develop TRANSIMS for addi21 tional applications, including— 

22 ‘‘(A) congestion analyses; 

23 ‘‘(B) major investment studies; 

24 ‘‘(C) economic impact analyses; 

25 ‘‘(D) alternative analyses; 
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1 ‘‘(E) freight movement studies; 

2 ‘‘(F) emergency evacuation studies; 

3 ‘‘(G) port studies; and 

4 ‘‘(H) airport access studies; 

5 ‘‘(2) provide training and technical assistance 

6 with respect to the implementation and application 

7 of TRANSIMS to States, local governments, and 

8 metropolitan planning organizations with responsi9 bility for travel modeling; 

10 ‘‘(3) develop methods to simulate the national 

11 transportation infrastructure as a single, integrated 

12 system for the movement of individuals and goods; 

13 ‘‘(4) provide funding to State transportation de14 partments and metropolitan planning organizations 

15 for implementation of TRANSIMS. 

16 ‘‘(c) ALLOCATION OF FUNDS.—Of the funds made 

17 available to carry out this section for each fiscal year, not 

18 less than 15 percent shall be allocated for activities de19 scribed in subsection (b)(3). 

20 ‘‘(d) FUNDING.—Of the amounts made available 

21 under section 2001(a) of the Safe, Accountable, Flexible, 

22 and Efficient Transportation Equity Act of 2005 for each 

23 of fiscal years 2005 through 2009, the Secretary shall use 

24 $893,082 to carry out this section. 
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1 ‘‘(e) AVAILABILITY OF FUNDS.—Funds made avail2 able under this section shall be available to the Secretary 

3 through the Transportation Planning, Research, and De4 velopment Account of the Office of the Secretary.’’. 

5 (b) OTHER UNIVERSITY FUNDING.—No university 

6 (other than university transportation centers specified in 

7 section 510 of title 23, United States Code (as added by 

8 subsection (a)) shall receive funds made available under 

9 section 2001 to carry out research unless the university 

10 is selected to receive the funds— 

11 (1) through a competitive process that incor12 porates merit-based peer review; and 

13 (2) based on a proposal submitted to the Sec14 retary by the university in response to a request for 

15 proposals issued by the Secretary. 

16 (c) CONFORMING AMENDMENT.—Section 5505 of 

17 title 49, United States Code, is repealed. 

18 SEC. 2102. STUDY OF DATA COLLECTION AND STATISTICAL 

19 ANALYSIS EFFORTS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ADMINISTRATION.—The term ‘‘Administra22 tion’’ means the Federal Highway Administration. 

23 (2) BOARD.—The term ‘‘Board’’ means the 

24 Transportation Research Board of the National 

25 Academy of Sciences. 
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1 (3) BUREAU.—The term ‘‘Bureau’’ means the 

2 Bureau of Transportation Statistics. 

3 (4) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Transportation. 

5 (5) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 (b) PRIORITY AREAS OF EFFORT.— 

8 (1) STATISTICAL STANDARDS.—The Secretary 

9 shall direct the Bureau to assume the role of the 

10 lead agency in working with other agencies of the 

11 Department to establish, by not later the date that 

12 is 1 year after the date of enactment of this Act, 

13 statistical standards for the Department. 

14 (2) STATISTICAL ANALYSIS EFFORT.— 

15 (A) IN GENERAL.—The Bureau shall pro16 vide to the Secretary, on an annual basis, an 

17 overview of the level of effort expended on sta18 tistical analyses by each agency within the De19 partment. 

20 (B) DUTY OF AGENCIES.—Each agency of 

21 the Department shall provide to the Bureau 

22 such information as the Bureau may require in 

23 carrying out subparagraph (A). 

24 (3) NATIONAL SECURITY.—The Bureau shall— 
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1 (A) conduct a study of the ways in which 

2 transportation statistics are and may be used 

3 for the purpose of national security; and 

4 (B) submit to the Transportation Security 

5 Administration recommendations for means by 

6 which the use of transportation statistics for 

7 the purpose of national security may be im8 proved. 

9 (4) MODERNIZATION.—The Bureau shall de10 velop new protocols for adapting data collection and 

11 delivery efforts in existence as of the date of enact12 ment of this Act to deliver information in a more 

13 timely and frequent fashion. 

14 (c) STUDY.— 

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of enactment of this Act, the Secretary 

17 shall provide a grant to, or enter into a cooperative 

18 agreement or contract with, the Board for the con19 duct of a study of the data collection and statistical 

20 analysis efforts of the Department with respect to 

21 the modes of surface transportation for which funds 

22 are made available under this Act. 

23 (2) PURPOSE.—The purpose of the study shall 

24 be to provide to the Department information for use 

25 by agencies of the Department in providing to sur-
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1 face transportation agencies and individuals engaged 

2 in the surface transportation field higher quality, 

3 and more relevant and timely, data, statistical anal4 yses, and products. 

5 (3) CONTENT.—The study shall include— 

6 (A) an examination and analysis of the ef7 forts, analyses, and products (with respect to 

8 usefulness and policy relevance) of the Bureau 

9 as of the date of the study, as compared with 

10 the duties of the Bureau specified in sub11 sections (c) through (f) of section 111 of title 

12 49, United States Code; 

13 (B) an examination and analysis of data 

14 collected by, methods of data collection of, and 

15 analyses performed by, agencies within the De16 partment; and 

17 (C) recommendations relating to— 

18 (i) the future efforts of the Depart19 ment in the area of surface transportation 

20 with respect to— 

21 (I) types of data collected; 

22 (II) methods of data collection; 

23 (III) types of analyses performed; 

24 and 
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1 (IV) products made available by 

2 the Secretary to the transportation 

3 community and Congress; 

4 (ii) the means by which the Depart5 ment may cooperate with State transpor6 tation departments to provide technical as7 sistance in the use of data collected by 

8 traffic operations centers; and 

9 (iii) duplication of efforts within the 

10 Department, including ways in which— 

11 (I) the duplication may be re12 duced or eliminated; and 

13 (II) each agency of the Depart14 ment may cooperate with, and com15 plement the efforts of, the others. 

16 (4) CONSULTATION.—In conducting the study, 

17 the Board shall consult with such stakeholders, 

18 agencies, and other entities as the Board considers 

19 to be appropriate. 

20 (5) REPORT.—Not later than 1 year after the 

21 date on which a grant is provided, or a cooperative 

22 agreement or contract is entered into, for a study 

23 under paragraph (1)— 

24 (A) the Board shall submit to the Sec25 retary, the Committee on Environment and 
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1 Public Works of the Senate, and the Committee 

2 on Transportation and Infrastructure of the 

3 House of Representatives a final report on the 

4 results of the study; and 

5 (B) the results of the study shall be pub6 lished— 

7 (i) by the Secretary, on the Internet 

8 website of the Department; and 

9 (ii) by the Board, on the Internet 

10 website of the Board. 

11 (6) IMPLEMENTATION OF RESULTS.—The Bu12 reau shall, to the maximum extent practicable, im13 plement any recommendations made with respect to 

14 the results of the study under this subsection. 

15 (7) COMPLIANCE.— 

16 (A) IN GENERAL.—The Comptroller Gen17 eral of the United States shall conduct a review 

18 of the study under this subsection. 

19 (B) NONCOMPLIANCE.—If the Comptroller 

20 General of the United States determines that 

21 the Bureau failed to conduct the study under 

22 this subsection, the Bureau shall be ineligible to 

23 receive funds from the Highway Trust Fund 

24 until such time as the Bureau conducts the 

25 study under this subsection. 
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1 (d) CONFORMING AMENDMENTS.—Section 111 of 

2 title 49, United States Code, is amended— 

3 (1) by redesignating subsection (k) as sub4 section (m); 

5 (2) by inserting after subsection (j) the fol6 lowing: 

7 ‘‘(k) ANNUAL REPORT.— 

8 ‘‘(1) IN GENERAL.—For fiscal year 2005 and 

9 each fiscal year thereafter, the Bureau shall prepare 

10 and submit to the Secretary an annual report that— 

11 ‘‘(A) describes progress made in respond12 ing to study recommendations for the fiscal 

13 year; and 

14 ‘‘(B) summarizes the activities and expend15 iture of funds by the Bureau for the fiscal year. 

16 ‘‘(2) AVAILABILITY.—The Bureau shall— 

17 ‘‘(A) make the report described in para18 graph (1) available to the public; and 

19 ‘‘(B) publish the report on the Internet 

20 website of the Bureau. 

21 ‘‘(3) COMBINATION OF REPORTS.—The report 

22 required under paragraph (1) may be included in or 

23 combined with the Transportation Statistics Annual 

24 Report required by subsection (j). 
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1 ‘‘(l) EXPENDITURE OF FUNDS.—Funds from the 

2 Highway Trust Fund (other than the Mass Transit Ac3 count) that are authorized to be appropriated, and made 

4 available, in accordance with section 2001(a)(3) of the 

5 Safe, Accountable, Flexible, and Efficient Transportation 

6 Equity Act of 2005 shall be used only for the collection 

7 and statistical analysis of information relating to surface 

8 transportation systems.’’; and 

9 (3) in subsection (m) (as redesignated by sub10 paragraph (A)), by inserting ‘‘surface transpor11 tation’’ after ‘‘sale of’’. 

12 SEC. 2103. CENTERS FOR SURFACE TRANSPORTATION EX13 CELLENCE. 

14 (a) ESTABLISHMENT.—The Secretary shall establish 

15 the centers for surface transportation excellence described 

16 in subsection (b) to promote high-quality outcomes in sup17 port of strategic national programs and activities, includ18 ing— 

19 (1) the environment; 

20 (2) operations; 

21 (3) surface transportation safety; 

22 (4) project finance; and 

23 (5) asset management. 

24 (b) CENTERS.—The centers for surface transpor25 tation excellence referred to in subsection (a) are— 
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1 (1) a Center for Environmental Excellence to 

2 provide technical assistance, information sharing of 

3 best practices, and training in the use of tools and 

4 decision-making processes to assist States in plan5 ning and delivering environmentally-sound surface 

6 transportation projects; 

7 (2) a Center for Operations Excellence to pro8 vide support for an integrated and coordinated na9 tional program for implementing operations in plan10 ning and management (including standards develop11 ment) for the transportation system in the United 

12 States; 

13 (3) a Center for Excellence in Surface Trans14 portation Safety to implement a program of support 

15 for State transportation departments, including— 

16 (A) the maintenance of an Internet site to 

17 provide critical information on safety programs; 

18 (B) the provision of technical assistance to 

19 support a lead State transportation department 

20 for each of the safety emphasis areas (as identi21 fied by the Secretary); and 

22 (C) the provision of training and education 

23 to enhance knowledge of personnel of State 

24 transportation departments in support of safety 

25 highway goals; 
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1 (4) a Center for Excellence in Project Fi2 nance— 

3 (A) to provide support to State transpor4 tation departments in the development of fi5 nance plans and project oversight tools; and 

6 (B) to develop and offer training in state7 of-the-art financing methods to advance 

8 projects and leverage funds; and 

9 (5) a Center for Excellence in Asset Manage10 ment to develop and conduct research, provide train11 ing and education, and disseminate information on 

12 the benefits and tools for asset management. 

13 (c) PROGRAM ADMINISTRATION.— 

14 (1) IN GENERAL.—Before funds authorized 

15 under this section for fiscal years 2005 through 

16 2009 are obligated, the Secretary shall review and 

17 approve a multiyear strategic plan to be submitted 

18 by each of the centers. 

19 (2) TIMING.—The plan shall be submitted be20 fore the beginning of fiscal year 2005 and, subse21 quently, shall be annually updated. 

22 (3) CONTENT.—The plan shall include— 

23 (A) a list of research and technical assist24 ance projects and objectives; and 
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1 (B) a description of any other technology 

2 transfer activities, including a summary of 

3 training efforts. 

4 (4) COOPERATION AND COMPETITION.— 

5 (A) IN GENERAL.—The Secretary shall 

6 carry out this section by making grants to, or 

7 entering into contracts, cooperative agreements, 

8 and other transactions with— 

9 (i) the National Academy of Sciences; 

10 (ii) the American Association of State 

11 Highway and Transportation Officials; 

12 (iii) planning organizations; 

13 (iv) a Federal laboratory; 

14 (v) a State agency; 

15 (vi) an authority, association, institu16 tion, or organization; or 

17 (vii) a for-profit or nonprofit corpora18 tion. 

19 (B) COMPETITION; REVIEW.—All parties 

20 entering into contracts, cooperative agreements, 

21 or other transactions with the Secretary, or re22 ceiving grants, to perform research or provide 

23 technical assistance under this section shall be 

24 selected, to the maximum extent practicable— 

25 (i) on a competitive basis; and 
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1 (ii) on the basis of the results of peer 

2 review of proposals submitted to the Sec3 retary. 

4 (5) NONDUPLICATION.—The Secretary shall en5 sure that activities conducted by each of the centers 

6 do not duplicate, and to the maximum extent prac7 ticable, are integrated and coordinated with similar 

8 activities conducted by the Federal Highway Admin9 istration, the local technical assistance program, uni10 versity transportation centers, and other research ef11 forts supported with funds authorized by this title. 

12 (d) ALLOCATIONS.— 

13 (1) IN GENERAL.—For each of fiscal years 

14 2005 through 2009, of the funds made available 

15 under section 2001(a)(1)(A), the Secretary shall set 

16 aside $8,930,818 to carry out this section. 

17 (2) ALLOCATION OF FUNDS.—Of the funds 

18 made available under paragraph (1)— 

19 (A) 20 percent shall be allocated to the 

20 Center for Environmental Excellence estab21 lished under subsection (b)(1); 

22 (B) 30 percent shall be allocated to the 

23 Center for Operations Excellence established 

24 under subsection (b)(2); 
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1 (C) 20 percent shall be allocated to the 

2 Center for Excellence in Surface Transportation 

3 Safety established under subsection (b)(3); 

4 (D) 10 percent shall be allocated to the 

5 Center for Excellence in Project Finance estab6 lished under subsection (b)(4); and 

7 (E) 20 percent shall be allocated to the 

8 Center for Excellence in Asset Management es9 tablished under subsection (b)(5). 

10 (3) APPLICABILITY OF TITLE 23.—Funds made 

11 available under this section shall be available for ob12 ligation in the same manner as if the funds were ap13 portioned under chapter 1 of title 23, United States 

14 Code, except that the Federal share shall be 100 

15 percent. 

16 SEC. 2104. MOTORCYCLE CRASH CAUSATION STUDY 

17 GRANTS. 

18 (a) GRANTS.—The Secretary shall provide grants for 

19 the purpose of conducting a comprehensive, in-depth mo20 torcycle crash causation study that employs the common 

21 international methodology for in-depth motorcycle acci22 dent investigation of the Organization for Economic Co23 operation and Development. 
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1 (b) FUNDING.—Of the amounts made available under 

2 section 2001(a)(3), $1,339,623 for fiscal year 2005 shall 

3 be available to carry out this section. 

4 SEC. 2105. TRANSPORTATION TECHNOLOGY INNOVATION 

5 AND DEMONSTRATION PROGRAM. 

6 Section 5117(b)(3) of the Transportation Equity Act 

7 for the 21st Century (112 Stat. 449; 112 Stat. 864; 115 

8 Stat. 2330) is amended— 

9 (1) in subparagraph (B)— 

10 (A) in clause (i)— 

11 (i) in the first sentence— 

12 (I) by striking ‘‘Build an’’ and 

13 inserting ‘‘Build or integrate an’’; and 

14 (II) by striking ‘‘$2,000,000’’ 

15 and inserting ‘‘$2,500,000’’; and 

16 (ii) in the second sentence— 

17 (I) by striking ‘‘300,000 and 

18 that’’ and inserting ‘‘300,000,’’; and 

19 (II) by inserting before the pe20 riod at the end the following: ‘‘, and 

21 includes major transportation cor22 ridors serving that metropolitan 

23 area’’; 

24 (B) in clause (ii), by striking all that fol25 lows ‘‘will be’’ and inserting ‘‘reinvested in the 
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1 intelligent transportation infrastructure sys2 tem.’’; 

3 (C) by striking clause (iii); and 

4 (D) by redesignating clauses (iv) and (v) 

5 as clauses (iii) and (iv), respectively; 

6 (2) in subparagraph (C)(ii), by striking ‘‘July 

7 1, 2002’’ and inserting ‘‘the date that is 180 days 

8 after the date of enactment of the Safe, Account9 able, Flexible, and Efficient Transportation Equity 

10 Act of 2005’’; 

11 (3) in subparagraph (E), by striking clause (ii) 

12 and inserting the following: 

13 ‘‘(ii) The term ‘‘follow-on deployment 

14 areas’’ means the metropolitan areas of Al15 bany, Atlanta, Austin, Baltimore, Bir16 mingham, Boston, Burlington Vermont, 

17 Charlotte, Chicago, Cleveland, Columbus, 

18 Dallas/Ft. Worth, Denver, Detroit, Greens19 boro, Hartford, Houston, Indianapolis, 

20 Jacksonville, Kansas City, Las Vegas, Los 

21 Angeles, Louisville, Miami, Milwaukee, 

22 Minneapolis-St. Paul, Nashville, New Orle23 ans, New York/Northern New Jersey, Nor24 folk, Northern Kentucky/Cincinnati, Okla25 homa City, Orlando, Philadelphia, Phoenix, 
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1 Pittsburgh, Portland, Providence, Raleigh, 

2 Richmond, Sacramento, Salt Lake, San 

3 Diego, San Francisco, San Jose, St. Louis, 

4 Seattle, Tampa, Tucson, Tulsa, and Wash5 ington, District of Columbia.’’; 

6 (4) in subparagraph (F)— 

7 (A) by striking ‘‘Of the amounts’’ and in8 serting the following: 

9 ‘‘(i) THIS ACT.—Of the amounts’’; 

10 and 

11 (B) by adding at the end the following: 

12 ‘‘(ii) SAFETEA.—There are author13 ized to be appropriated out of the Highway 

14 Trust Fund (other than the Mass Transit 

15 Account) $4,465,409 for each fiscal year 

16 to carry out this paragraph. 

17 ‘‘(iii) AVAILABILITY; NO REDUCTION

18 OR SETASIDE.—Amounts made available 

19 by this subparagraph— 

20 ‘‘(I) shall remain available until 

21 expended; and 

22 ‘‘(II) shall not be subject to any 

23 reduction or setaside.’’; and 

24 (5) by adding at the end the following: 

25 ‘‘(H) USE OF RIGHTS-OF-WAY.— 
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1 ‘‘(i) IN GENERAL.—An intelligent 

2 transportation system project described in 

3 paragraph (3) or (6) that involves privately 

4 owned intelligent transportation system 

5 components and is carried out using funds 

6 made available from the Highway Trust 

7 Fund shall not be subject to any law (in8 cluding a regulation) of a State or political 

9 subdivision of a State prohibiting or regu10 lating commercial activities in the rights11 of-way of a highway for which Federal-aid 

12 highway funds have been used for plan13 ning, design, construction, or maintenance, 

14 if the Secretary determines that such use 

15 is in the public interest. 

16 ‘‘(ii) EFFECT OF SUBPARAGRAPH.— 

17 Nothing in this subparagraph affects the 

18 authority of a State or political subdivision 

19 of a State to regulate highway safety.’’. 
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1 Subtitle C—Intelligent 

2 Transportation System Research 

3 SEC. 2201. INTELLIGENT TRANSPORTATION SYSTEM RE4 SEARCH AND TECHNICAL ASSISTANCE PRO5 GRAM. 

6 (a) IN GENERAL.—Chapter 5 of title 23, United 

7 States Code (as amended by section 2101), is amended 

8 by adding at the end the following: 

9 ‘‘SUBCHAPTER II—INTELLIGENT TRANSPOR10 TATION SYSTEM RESEARCH AND TECH11 NICAL ASSISTANCE PROGRAM 

12 ‘‘§ 521. Finding 

13 ‘‘Congress finds that continued investment in archi14 tecture and standards development, research, technical as15 sistance for State and local governments, and systems in16 tegration is needed to accelerate the rate at which intel17 ligent transportation systems— 

18 ‘‘(1) are incorporated into the national surface 

19 transportation network; and 

20 ‘‘(2) as a result of that incorporation, improve 

21 transportation safety and efficiency and reduce costs 

22 and negative impacts on communities and the envi23 ronment. 
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1 ‘‘§ 522. Goals and purposes 

2 ‘‘(a) GOALS.—The goals of the intelligent transpor3 tation system research and technical assistance program 

4 include— 

5 ‘‘(1) enhancement of surface transportation ef6 ficiency and facilitation of intermodalism and inter7 national trade— 

8 ‘‘(A) to meet a significant portion of future 

9 transportation needs, including public access to 

10 employment, goods, and services; and 

11 ‘‘(B) to reduce regulatory, financial, and 

12 other transaction costs to public agencies and 

13 system users; 

14 ‘‘(2) the acceleration of the use of intelligent 

15 transportation systems to assist in the achievement 

16 of national transportation safety goals, including the 

17 enhancement of safe operation of motor vehicles and 

18 nonmotorized vehicles, with particular emphasis on 

19 decreasing the number and severity of collisions; 

20 ‘‘(3) protection and enhancement of the natural 

21 environment and communities affected by surface 

22 transportation, with particular emphasis on assisting 

23 State and local governments in achieving national 

24 environmental goals; 

25 ‘‘(4) accommodation of the needs of all users of 

26 surface transportation systems, including— 
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1 ‘‘(A) operators of commercial vehicles, pas2 senger vehicles, and motorcycles; 

3 ‘‘(B) users of public transportation users 

4 (with respect to intelligent transportation sys5 tem user services); and 

6 ‘‘(C) individuals with disabilities; and 

7 ‘‘(5)(A) improvement of the ability of the 

8 United States to respond to emergencies and natural 

9 disasters; and 

10 ‘‘(B) enhancement of national security and de11 fense mobility. 

12 ‘‘(b) PURPOSES.—The Secretary shall carry out ac13 tivities under the intelligent transportation system re14 search and technical assistance program to, at a min15 imum— 

16 ‘‘(1) assist in the development of intelligent 

17 transportation system technologies; 

18 ‘‘(2) ensure that Federal, State, and local 

19 transportation officials have adequate knowledge of 

20 intelligent transportation systems for full consider21 ation in the transportation planning process; 

22 ‘‘(3) improve regional cooperation, interoper23 ability, and operations for effective intelligent trans24 portation system performance; 
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1 ‘‘(4) promote the innovative use of private re2 sources; 

3 ‘‘(5) assist State transportation departments in 

4 developing a workforce capable of developing, oper5 ating, and maintaining intelligent transportation 

6 systems; 

7 ‘‘(6) maintain an updated national ITS archi8 tecture and consensus-based standards while ensur9 ing an effective Federal presence in the formulation 

10 of domestic and international ITS standards; 

11 ‘‘(7) advance commercial vehicle operations 

12 components of intelligent transportation systems— 

13 ‘‘(A) to improve the safety and produc14 tivity of commercial vehicles and drivers; and 

15 ‘‘(B) to reduce costs associated with com16 mercial vehicle operations and Federal and 

17 State commercial vehicle regulatory require18 ments; 

19 ‘‘(8) evaluate costs and benefits of intelligent 

20 transportation systems projects; 

21 ‘‘(9) improve, as part of the Archived Data 

22 User Service and in cooperation with the Bureau of 

23 Transportation Statistics, the collection of surface 

24 transportation system condition and performance 
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1 data through the use of intelligent transportation 

2 system technologies; and 

3 ‘‘(10) ensure access to transportation informa4 tion and services by travelers of all ages. 

5 ‘‘§ 523. Definitions 

6 ‘‘In this subchapter: 

7 ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS8 TEMS AND NETWORKS.—The term ‘commercial vehi9 cle information systems and networks’ means the in10 formation systems and communications networks 

11 that support commercial vehicle operations. 

12 ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.— 

13 ‘‘(A) IN GENERAL.—The term ‘commercial 

14 vehicle operations’ means motor carrier oper15 ations and motor vehicle regulatory activities 

16 associated with the commercial movement of 

17 goods (including hazardous materials) and pas18 sengers. 

19 ‘‘(B) INCLUSIONS.—The term ‘commercial 

20 vehicle operations’, with respect to the public 

21 sector, includes— 

22 ‘‘(i) the issuance of operating creden23 tials; 

24 ‘‘(ii) the administration of motor vehi25 cle and fuel taxes; and 
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1 ‘‘(iii) roadside safety and border 

2 crossing inspection and regulatory compli3 ance operations. 

4 ‘‘(3) INTELLIGENT TRANSPORTATION INFRA5 STRUCTURE.—The term ‘intelligent transportation 

6 infrastructure’ means fully integrated public sector 

7 intelligent transportation system components, as de8 fined by the Secretary. 

9 ‘‘(4) INTELLIGENT TRANSPORTATION SYS10 TEM.—The term ‘intelligent transportation system’ 

11 means electronics, communications, or information 

12 processing used singly or in combination to improve 

13 the efficiency or safety of a surface transportation 

14 system. 

15 ‘‘(5) NATIONAL ITS ARCHITECTURE.—The term 

16 ‘national ITS architecture’ means the common 

17 framework for interoperability adopted by the Sec18 retary that defines— 

19 ‘‘(A) the functions associated with intel20 ligent transportation system user services; 

21 ‘‘(B) the physical entities or subsystems 

22 within which the functions reside; 

23 ‘‘(C) the data interfaces and information 

24 flows between physical subsystems; and 
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1 ‘‘(D) the communications requirements as2 sociated with the information flows. 

3 ‘‘(6) STANDARD.—The term ‘standard’ means a 

4 document that— 

5 ‘‘(A) contains technical specifications or 

6 other precise criteria for intelligent transpor7 tation systems that are to be used consistently 

8 as rules, guidelines, or definitions of character9 istics so as to ensure that materials, products, 

10 processes, and services are fit for their pur11 poses; and 

12 ‘‘(B) may— 

13 ‘‘(i) support the national ITS archi14 tecture; and 

15 ‘‘(ii) promote— 

16 ‘‘(I) the widespread use and 

17 adoption of intelligent transportation 

18 system technology as a component of 

19 the surface transportation systems of 

20 the United States; and 

21 ‘‘(II) interoperability among in22 telligent transportation system tech23 nologies implemented throughout the 

24 States. 
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1 ‘‘§ 524. General authorities and requirements 

2 ‘‘(a) SCOPE.—Subject to this subchapter, the Sec3 retary shall carry out an ongoing intelligent transportation 

4 system research program— 

5 ‘‘(1) to research, develop, and operationally test 

6 intelligent transportation systems; and 

7 ‘‘(2) to provide technical assistance in the na8 tionwide application of those systems as a compo9 nent of the surface transportation systems of the 

10 United States. 

11 ‘‘(b) POLICY.—Intelligent transportation system 

12 operational tests and projects funded under this sub13 chapter shall encourage, but not displace, public-private 

14 partnerships or private sector investment in those tests 

15 and projects. 

16 ‘‘(c) COOPERATION WITH GOVERNMENTAL, PRI17 VATE, AND EDUCATIONAL ENTITIES.—The Secretary 

18 shall carry out the intelligent transportation system re19 search and technical assistance program in cooperation 

20 with— 

21 ‘‘(1) State and local governments and other 

22 public entities; 

23 ‘‘(2) the private sector; 

24 ‘‘(3) Federal laboratories (as defined in section 

25 501); and 
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1 ‘‘(4) colleges and universities, including histori2 cally black colleges and universities and other minor3 ity institutions of higher education. 

4 ‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.— 

5 In carrying out the intelligent transportation system re6 search program, the Secretary, as appropriate, shall con7 sult with— 

8 ‘‘(1) the Secretary of Commerce; 

9 ‘‘(2) the Secretary of the Treasury; 

10 ‘‘(3) the Administrator of the Environmental 

11 Protection Agency; 

12 ‘‘(4) the Director of the National Science Foun13 dation; and 

14 ‘‘(5) the Secretary of Homeland Security. 

15 ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND IN16 FORMATION.—The Secretary may provide technical assist17 ance, training, and information to State and local govern18 ments seeking to implement, operate, maintain, or evalu19 ate intelligent transportation system technologies and 

20 services. 

21 ‘‘(f) TRANSPORTATION PLANNING.—The Secretary 

22 may provide funding to support adequate consideration of 

23 transportation system management and operations (in24 cluding intelligent transportation systems) within metro25 politan and statewide transportation planning processes. 
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1 ‘‘(g) INFORMATION CLEARINGHOUSE.—The Sec2 retary shall— 

3 ‘‘(1) maintain a repository for technical and 

4 safety data collected as a result of federally spon5 sored projects carried out under this subchapter; 

6 and 

7 ‘‘(2) on request, make that information (except 

8 for proprietary information and data) readily avail9 able to all users of the repository at an appropriate 

10 cost. 

11 ‘‘(h) ADVISORY COMMITTEES.— 

12 ‘‘(1) IN GENERAL.—In carrying out this sub13 chapter, the Secretary— 

14 ‘‘(A) may use 1 or more advisory commit15 tees; and 

16 ‘‘(B) shall designate a public-private orga17 nization, the members of which participate in 

18 on-going research, planning, standards develop19 ment, deployment, and marketing of ITS pro20 grams, products, and services, and coordinate 

21 the development and deployment of intelligent 

22 transportation systems in the United States, as 

23 the Federal advisory committee authorized by 

24 section 5204(h) of the Transportation Equity 

25 Act for the 21st Century (112 Stat. 454). 
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1 ‘‘(2) FUNDING.—Of the amount made available 

2 to carry out this subchapter, the Secretary may use 

3 $1,339,623 for each fiscal year for advisory commit4 tees described in paragraph (1). 

5 ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY

6 COMMITTEE ACT.—Any advisory committee de7 scribed in paragraph (1) shall be subject to the Fed8 eral Advisory Committee Act (5 U.S.C. App.). 

9 ‘‘(i) PROCUREMENT METHODS.—The Secretary shall 

10 develop and provide appropriate technical assistance and 

11 guidance to assist State and local agencies in evaluating 

12 and selecting appropriate methods of deployment and pro13 curement for intelligent transportation system projects 

14 carried out using funds made available from the Highway 

15 Trust Fund, including innovative and nontraditional 

16 methods such as Information Technology Omnibus Pro17 curement (as developed by the Secretary). 

18 ‘‘(j) EVALUATIONS.— 

19 ‘‘(1) GUIDELINES AND REQUIREMENTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 issue revised guidelines and requirements for 

22 the evaluation of operational tests and other in23 telligent transportation system projects carried 

24 out under this subchapter. 
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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 

5 evaluator so as to avoid any real or apparent 

6 conflict of interest or potential influence on the 

7 outcome by— 

8 ‘‘(i) parties to any such test; or 

9 ‘‘(ii) any other formal evaluation car10 ried out under this subchapter. 

11 ‘‘(C) FUNDING.—The guidelines and re12 quirements issued under subparagraph (A) shall 

13 establish evaluation funding levels based on the 

14 size and scope of each test that ensure adequate 

15 evaluation of the results of the test or project. 

16 ‘‘(2) SPECIAL RULE.—Any survey, question17 naire, or interview that the Secretary considers nec18 essary to carry out the evaluation of any test or pro19 gram assessment activity under this subchapter shall 

20 not be subject to chapter 35 of title 44. 

21 ‘‘§ 525. National ITS Program Plan 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) UPDATES.—Not later than 1 year after 

24 the date of enactment of the Safe, Accountable, 

25 Flexible, and Efficient Transportation Equity Act of 
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1 2005, the Secretary, in consultation with interested 

2 stakeholders (including State transportation depart3 ments) shall develop a 5-year National ITS Program 

4 Plan. 

5 ‘‘(2) SCOPE.—The National ITS Program Plan 

6 shall— 

7 ‘‘(A) specify the goals, objectives, and mile8 stones for the research and deployment of intel9 ligent transportation systems in the contexts 

10 of— 

11 ‘‘(i) major metropolitan areas; 

12 ‘‘(ii) smaller metropolitan and rural 

13 areas; and 

14 ‘‘(iii) commercial vehicle operations; 

15 ‘‘(B) specify the manner in which specific 

16 programs and projects will achieve the goals, 

17 objectives, and milestones referred to in sub18 paragraph (A), including consideration of a 5- 

19 year timeframe for the goals and objectives; 

20 ‘‘(C) identify activities that provide for the 

21 dynamic development, testing, and necessary re22 vision of standards and protocols to promote 

23 and ensure interoperability in the implementa24 tion of intelligent transportation system tech-
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1 nologies, including actions taken to establish 

2 standards; and 

3 ‘‘(D) establish a cooperative process with 

4 State and local governments for— 

5 ‘‘(i) determining desired surface 

6 transportation system performance levels; 

7 and 

8 ‘‘(ii) developing plans for accelerating 

9 the incorporation of specific intelligent 

10 transportation system capabilities into sur11 face transportation systems. 

12 ‘‘(b) REPORTING.—The National ITS Program Plan 

13 shall be transmitted and biennially updated as part of the 

14 surface transportation research and technology develop15 ment strategic plan developed under section 508(c). 

16 ‘‘§ 526. National ITS architecture and standards 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

19 MAINTENANCE.—In accordance with section 12(d) of 

20 the National Technology Transfer and Advancement 

21 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), 

22 the Secretary shall develop, implement, and maintain 

23 a national ITS architecture and supporting stand24 ards and protocols to promote the widespread use 

25 and evaluation of intelligent transportation system 
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•S 732 PCS 

1 technology as a component of the surface transpor2 tation systems of the United States. 

3 ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To 

4 the maximum extent practicable, the national ITS 

5 architecture shall promote interoperability among, 

6 and efficiency of, intelligent transportation system 

7 technologies implemented throughout the United 

8 States. 

9 ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA10 NIZATIONS.—In carrying out this section, the Sec11 retary shall use the services of such standards devel12 opment organizations as the Secretary determines to 

13 be appropriate. 

14 ‘‘(b) PROVISIONAL STANDARDS.— 

15 ‘‘(1) IN GENERAL.—If the Secretary finds that 

16 the development or selection of an intelligent trans17 portation system standard jeopardizes the timely 

18 achievement of the objectives identified in subsection 

19 (a), the Secretary may establish a provisional stand20 ard— 

21 ‘‘(A) after consultation with affected par22 ties; and 

23 ‘‘(B) by using, to the maximum extent 

24 practicable, the work product of appropriate 

25 standards development organizations. 
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1 ‘‘(2) CRITICAL STANDARDS.—If a standard 

2 identified by the Secretary as critical has not been 

3 adopted and published by the appropriate standards 

4 development organization by the date of enactment 

5 of this subchapter, the Secretary shall establish a 

6 provisional standard— 

7 ‘‘(A) after consultation with affected par8 ties; and 

9 ‘‘(B) by using, to the maximum extent 

10 practicable, the work product of appropriate 

11 standards development organizations. 

12 ‘‘(3) PERIOD OF EFFECTIVENESS.—A provi13 sional standard established under paragraph (1) or 

14 (2) shall— 

15 ‘‘(A) be published in the Federal Register; 

16 and 

17 ‘‘(B) remain in effect until such time as 

18 the appropriate standards development organi19 zation adopts and publishes a standard. 

20 ‘‘(c) WAIVER OF REQUIREMENT TO ESTABLISH PRO21 VISIONAL CRITICAL STANDARD.— 

22 ‘‘(1) IN GENERAL.—The Secretary may waive 

23 the requirement under subsection (b)(2) to establish 

24 a provisional standard if the Secretary determines 

25 that additional time would be productive in, or that 
527 

•S 732 PCS 

1 establishment of a provisional standard would be 

2 counterproductive to, the timely achievement of the 

3 objectives identified in subsection (a). 

4 ‘‘(2) NOTICE.—The Secretary shall publish in 

5 the Federal Register a notice that describes— 

6 ‘‘(A) each standard for which a waiver of 

7 the provisional standard requirement is granted 

8 under paragraph (1); 

9 ‘‘(B) the reasons for and effects of grant10 ing the waiver; and 

11 ‘‘(C) an estimate as to the date on which 

12 the standard is expected to be adopted through 

13 a process consistent with section 12(d) of the 

14 National Technology Transfer and Advance15 ment Act of 1995 (15 U.S.C. 272 note; 110 

16 Stat. 783). 

17 ‘‘(3) WITHDRAWAL OF WAIVER.— 

18 ‘‘(A) IN GENERAL.—The Secretary may 

19 withdraw a waiver granted under paragraph (1) 

20 at any time. 

21 ‘‘(B) NOTICE.—On withdrawal of a waiver, 

22 the Secretary shall publish in the Federal Reg23 ister a notice that describes— 

24 ‘‘(i) each standard for which the waiv25 er has been withdrawn; and 
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•S 732 PCS 

1 ‘‘(ii) the reasons for withdrawing the 

2 waiver. 

3 ‘‘(d) CONFORMITY WITH NATIONAL ITS ARCHITEC4 TURE.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), the Secretary shall ensure that 

7 intelligent transportation system projects carried out 

8 using funds made available from the Highway Trust 

9 Fund conform to the national ITS architecture, ap10 plicable standards or provisional standards, and pro11 tocols developed under subsection (a). 

12 ‘‘(2) DISCRETION OF SECRETARY.—The Sec13 retary may authorize exceptions to paragraph (1) for 

14 projects designed to achieve specific research objec15 tives outlined in— 

16 ‘‘(A) the National ITS Program Plan 

17 under section 525; or 

18 ‘‘(B) the surface transportation research 

19 and technology development strategic plan de20 veloped under section 508(c). 

21 ‘‘(3) EXCEPTIONS.—Paragraph (1) shall not 

22 apply to funds used for operation or maintenance of 

23 an intelligent transportation system in existence on 

24 the date of enactment of this subchapter. 
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1 ‘‘§ 527. Commercial vehicle information systems and 

2 networks deployment 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS5 TEMS AND NETWORKS.—The term ‘commercial vehi6 cle information systems and networks’ means the in7 formation systems and communications networks 

8 that provide the capability to— 

9 ‘‘(A) improve the safety of commercial ve10 hicle operations; 

11 ‘‘(B) increase the efficiency of regulatory 

12 inspection processes to reduce administrative 

13 burdens by advancing technology to facilitate 

14 inspections and increase the effectiveness of en15 forcement efforts; 

16 ‘‘(C) advance electronic processing of reg17 istration information, driver licensing informa18 tion, fuel tax information, inspection and crash 

19 data, and other safety information; 

20 ‘‘(D) enhance the safe passage of commer21 cial vehicles across the United States and 

22 across international borders; and 

23 ‘‘(E) promote the communication of infor24 mation among the States and encourage 

25 multistate cooperation and corridor develop26 ment. 
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1 ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.— 

2 ‘‘(A) IN GENERAL.—The term ‘commercial 

3 vehicle operations’ means motor carrier oper4 ations and motor vehicle regulatory activities 

5 associated with the commercial movement of 

6 goods (including hazardous materials) and pas7 sengers. 

8 ‘‘(B) INCLUSIONS.—The term ‘commercial 

9 vehicle operations’, with respect to the public 

10 sector, includes— 

11 ‘‘(i) the issuance of operating creden12 tials; 

13 ‘‘(ii) the administration of motor vehi14 cle and fuel taxes; and 

15 ‘‘(iii) the administration of roadside 

16 safety and border crossing inspection and 

17 regulatory compliance operations. 

18 ‘‘(3) CORE DEPLOYMENT.—The term ‘core de19 ployment’ means the deployment of systems in a 

20 State necessary to provide the State with— 

21 ‘‘(A) safety information exchange to— 

22 ‘‘(i) electronically collect and transmit 

23 commercial vehicle and driver inspection 

24 data at a majority of inspection sites; 
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1 ‘‘(ii) connect to the Safety and Fit2 ness Electronic Records system for access 

3 to— 

4 ‘‘(I) interstate carrier and com5 mercial vehicle data; 

6 ‘‘(II) summaries of past safety 

7 performance; and 

8 ‘‘(III) commercial vehicle creden9 tials information; and 

10 ‘‘(iii) exchange carrier data and com11 mercial vehicle safety and credentials infor12 mation within the State and connect to 

13 Safety and Fitness Electronic Records sys14 tem for access to interstate carrier and 

15 commercial vehicle data; 

16 ‘‘(B) interstate credentials administration 

17 to— 

18 ‘‘(i)(I) perform end-to-end (including 

19 carrier application) jurisdiction application 

20 processing, and credential issuance, of at 

21 least the International Registration Plan 

22 and International Fuel Tax Agreement cre23 dentials; and 

24 ‘‘(II) extend the processing to other 

25 credentials, including intrastate, titling, 
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1 oversize or overweight requirements, car2 rier registration, and hazardous materials; 

3 ‘‘(ii) connect to the International Reg4 istration Plan and International Fuel Tax 

5 Agreement clearinghouses; and 

6 ‘‘(iii)(I) have at least 10 percent of 

7 the transaction volume handled electroni8 cally; and 

9 ‘‘(II) have the capability to add more 

10 carriers and to extend to branch offices 

11 where applicable; and 

12 ‘‘(C) roadside electronic screening to elec13 tronically screen transponder-equipped commer14 cial vehicles at a minimum of 1 fixed or mobile 

15 inspection site and to replicate the screening at 

16 other sites. 

17 ‘‘(4) EXPANDED DEPLOYMENT.—The term ‘ex18 panded deployment’ means the deployment of sys19 tems in a State that— 

20 ‘‘(A) exceed the requirements of a core de21 ployment of commercial vehicle information sys22 tems and networks; 

23 ‘‘(B) improve safety and the productivity 

24 of commercial vehicle operations; and 

25 ‘‘(C) enhance transportation security. 
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1 ‘‘(b) PROGRAM.—The Secretary shall carry out a 

2 commercial vehicle information systems and networks pro3 gram to— 

4 ‘‘(1) improve the safety and productivity of 

5 commercial vehicles and drivers; and 

6 ‘‘(2) reduce costs associated with commercial 

7 vehicle operations and Federal and State commercial 

8 vehicle regulatory requirements. 

9 ‘‘(c) PURPOSE.—It is the purpose of the program to 

10 advance the technological capability and promote the de11 ployment of intelligent transportation system applications 

12 for commercial vehicle operations, including commercial 

13 vehicle, commercial driver, and carrier-specific information 

14 systems and networks. 

15 ‘‘(d) CORE DEPLOYMENT GRANTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall make 

17 grants to eligible States for the core deployment of 

18 commercial vehicle information systems and net19 works. 

20 ‘‘(2) ELIGIBILITY.—To be eligible for a core de21 ployment grant under this subsection, a State 

22 shall— 

23 ‘‘(A) have a commercial vehicle information 

24 systems and networks program plan and a top 

25 level system design approved by the Secretary; 
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•S 732 PCS 

1 ‘‘(B) certify to the Secretary that the com2 mercial vehicle information systems and net3 works deployment activities of the State (in4 cluding hardware procurement, software and 

5 system development, and infrastructure modi6 fications)— 

7 ‘‘(i) are consistent with the national 

8 intelligent transportation systems and com9 mercial vehicle information systems and 

10 networks architectures and available stand11 ards; and 

12 ‘‘(ii) promote interoperability and effi13 ciency, to the maximum extent practicable; 

14 and 

15 ‘‘(C) agree to execute interoperability tests 

16 developed by the Federal Motor Carrier Safety 

17 Administration to verify that the systems of the 

18 State conform with the national intelligent 

19 transportation systems architecture, applicable 

20 standards, and protocols for commercial vehicle 

21 information systems and networks. 

22 ‘‘(3) AMOUNT OF GRANTS.—The maximum ag23 gregate amount a State may receive under this sub24 section for the core deployment of commercial vehi25 cle information systems and networks may not ex-
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1 ceed $2,500,000, including funds received under sec2 tion 2001(a) of the Safe, Accountable, Flexible, and 

3 Efficient Transportation Equity Act of 2005 for the 

4 core deployment of commercial vehicle information 

5 systems and networks. 

6 ‘‘(4) USE OF FUNDS.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), funds from a grant under this sub9 section may only be used for the core deploy10 ment of commercial vehicle information systems 

11 and networks. 

12 ‘‘(B) REMAINING FUNDS.—An eligible 

13 State that has completed the core deployment 

14 of commercial vehicle information systems and 

15 networks, or completed the deployment before 

16 core deployment grant funds are expended, may 

17 use the remaining core deployment grant funds 

18 for the expanded deployment of commercial ve19 hicle information systems and networks in the 

20 State. 

21 ‘‘(e) EXPANDED DEPLOYMENT GRANTS.— 

22 ‘‘(1) IN GENERAL.—For each fiscal year, from 

23 the funds remaining after the Secretary has made 

24 core deployment grants under subsection (d), the 

25 Secretary may make grants to each eligible State, on 
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1 request, for the expanded deployment of commercial 

2 vehicle information systems and networks. 

3 ‘‘(2) ELIGIBILITY.—Each State that has com4 pleted the core deployment of commercial vehicle in5 formation systems and networks shall be eligible for 

6 an expanded deployment grant. 

7 ‘‘(3) AMOUNT OF GRANTS.—Each fiscal year, 

8 the Secretary may distribute funds available for ex9 panded deployment grants equally among the eligible 

10 States in an amount that does not exceed 

11 $1,000,000 for each State. 

12 ‘‘(4) USE OF FUNDS.—A State may use funds 

13 from a grant under this subsection only for the ex14 panded deployment of commercial vehicle informa15 tion systems and networks. 

16 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

17 cost of a project payable from funds made available to 

18 carry out this section shall be the share applicable under 

19 section 120(b), as adjusted under subsection (d) of that 

20 section. 

21 ‘‘(g) FUNDING.—Funds authorized to be appro22 priated to carry out this section shall be available for obli23 gation in the same manner and to the same extent as if 

24 the funds were apportioned under chapter 1, except that 

25 the funds shall remain available until expended. 
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1 ‘‘§ 528. Research and development 

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

3 comprehensive program of intelligent transportation sys4 tem research, development, and operational tests of intel5 ligent vehicles and intelligent infrastructure systems, and 

6 other similar activities that are necessary to carry out this 

7 subchapter. 

8 ‘‘(b) PRIORITY AREAS.—Under the program, the Sec9 retary shall give priority to funding projects that— 

10 ‘‘(1) assist in the development of an inter11 connected national intelligent transportation system 

12 network that— 

13 ‘‘(A) improves the reliability of the surface 

14 transportation system; 

15 ‘‘(B) supports national security; 

16 ‘‘(C) reduces, by at least 20 percent, the 

17 cost of manufacturing, deploying, and operating 

18 intelligent transportation systems network com19 ponents; 

20 ‘‘(D) could assist in deployment of the 

21 Armed Forces in response to a crisis; and 

22 ‘‘(E) improves response to, and evacuation 

23 of the public during, an emergency situation; 

24 ‘‘(2) address traffic management, incident man25 agement, transit management, toll collection traveler 
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1 information, or highway operations systems with 

2 goals of— 

3 ‘‘(A) reducing metropolitan congestion by 

4 5 percent by 2010; 

5 ‘‘(B) ensuring that a national, interoper6 able 511 system, along with a national traffic 

7 information system that includes a user-friend8 ly, comprehensive website, is fully implemented 

9 for use by travelers throughout the United 

10 States by September 30, 2010; and 

11 ‘‘(C)(i) improving incident management re12 sponse, particularly in rural areas, so that rural 

13 emergency response times are reduced by an av14 erage of 10 minutes; and 

15 ‘‘(ii) subject to subsection (d), improving 

16 communication between emergency care pro17 viders and trauma centers; 

18 ‘‘(3) address traffic management, incident man19 agement, transit management, toll collection, trav20 eler information, or highway operations systems; 

21 ‘‘(4) conduct operational tests of the integration 

22 of at least 3 crash-avoidance technologies in pas23 senger vehicles; 

24 ‘‘(5) incorporate human factors research, in25 cluding the science of the driving process; 
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1 ‘‘(6) facilitate the integration of intelligent in2 frastructure, vehicle, and control technologies; 

3 ‘‘(7) incorporate research on the impact of envi4 ronmental, weather, and natural conditions on intel5 ligent transportation systems, including the effects 

6 of cold climates; 

7 ‘‘(8) as determined by the Secretary, will im8 prove the overall safety performance of vehicles and 

9 roadways, including the use of real-time setting of 

10 speed limits through the use of speed management 

11 technology; 

12 ‘‘(9) examine— 

13 ‘‘(A) the application to intelligent trans14 portation systems of appropriately modified ex15 isting technologies from other industries; and 

16 ‘‘(B) the development of new, more robust 

17 intelligent transportation systems technologies 

18 and instrumentation; 

19 ‘‘(10) develop and test communication tech20 nologies that— 

21 ‘‘(A) are based on an assessment of the 

22 needs of officers participating in a motor car23 rier safety program funded under section 31104 

24 of title 49; 
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1 ‘‘(B) take into account the effectiveness 

2 and adequacy of available technology; 

3 ‘‘(C) address systems integration, 

4 connectivity, and interoperability challenges; 

5 and 

6 ‘‘(D) provide the means for officers partici7 pating in a motor carrier safety program fund8 ed under section 31104 of title 49 to directly 

9 assess, without an intermediary, current and 

10 accurate safety and regulatory information on 

11 motor carriers, commercial motor vehicles and 

12 drivers at roadside or mobile inspection facili13 ties; 

14 ‘‘(11) enhance intermodal use of intelligent 

15 transportation systems for diverse groups, including 

16 for emergency and health-related services; 

17 ‘‘(12) improve sensing and wireless communica18 tions that provide real-time information regarding 

19 congestion and incidents; 

20 ‘‘(13) develop and test high-accuracy, lane-level, 

21 real-time accessible digital map architectures that 

22 can be used by intelligent vehicles and intelligent in23 frastructure elements to facilitate safety and crash 

24 avoidance (including establishment of national 

25 standards for an open-architecture digital map of all 
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1 public roads that is compatible with electronic 9-1- 

2 1 services); 

3 ‘‘(14) encourage the dual-use of intelligent 

4 transportation system technologies (such as wireless 

5 communications) for— 

6 ‘‘(A) emergency services; 

7 ‘‘(B) road pricing; and 

8 ‘‘(C) local economic development; and 

9 ‘‘(15) advance the use of intelligent transpor10 tation systems to facilitate high-performance trans11 portation systems, such as through— 

12 ‘‘(A) congestion-pricing; 

13 ‘‘(B) real-time facility management; 

14 ‘‘(C) rapid-emergency response; and 

15 ‘‘(D) just-in-time transit. 

16 ‘‘(c) OPERATIONAL TESTS.—Operational tests con17 ducted under this section shall be designed for— 

18 ‘‘(1) the collection of data to permit objective 

19 evaluation of the results of the tests; 

20 ‘‘(2) the derivation of cost-benefit information 

21 that is useful to others contemplating deployment of 

22 similar systems; and 

23 ‘‘(3) the development and implementation of 

24 standards. 
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1 ‘‘(d) FEDERAL SHARE.—The Federal share of the 

2 costs of operational tests under subsection (a) shall not 

3 exceed 80 percent. 

4 ‘‘§ 529. Use of funds 

5 ‘‘(a) IN GENERAL.—For each fiscal year, not more 

6 than $5,000,000 of the funds made available to carry out 

7 this subchapter shall be used for intelligent transportation 

8 system outreach, public relations, displays, tours, and bro9 chures. 

10 ‘‘(b) APPLICABILITY.—Subsection (a) shall not apply 

11 to intelligent transportation system training, scholarships, 

12 or the publication or distribution of research findings, 

13 technical guidance, or similar documents.’’. 

14 (b) CONFORMING AMENDMENT.—Title V of the 

15 Transportation Equity Act for the 21st Century is amend16 ed by striking subtitle C (23 U.S.C. 502 note; 112 Stat. 

17 452). 

18 TITLE III—RECREATIONAL 

19 BOATING SAFETY PROGRAMS 

20 SEC. 3001. SHORT TITLE. 

21 This title may be cited as the ‘‘Sport Fishing and 

22 Recreational Boating Safety Act’’. 
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1 SEC. 3002. AMENDMENT OF FEDERAL AID IN FISH RES2 TORATION ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this subtitle an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Act entitled ‘‘An Act to 

8 provide that the United States shall aid the States in fish 

9 restoration and management projects, and for other pur10 poses,’’ approved August 9, 1950 (64 Stat. 430; 16 U.S.C. 

11 777 et seq.). 

12 SEC. 3003. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—Section 3 (16 U.S.C. 777b) is 

14 amended— 

15 (1) by striking ‘‘the succeeding fiscal year.’’ in 

16 the third sentence and inserting ‘‘succeeding fiscal 

17 years.’’; and 

18 (2) by striking ‘‘in carrying on the research 

19 program of the Fish and Wildlife Service in respect 

20 to fish of material value for sport and recreation.’’ 

21 and inserting ‘‘to supplement the 57 percent of the 

22 balance of each annual appropriation to be appor23 tioned among the States, as provided for in section 

24 4(c).’’. 

25 (b) CONFORMING AMENDMENTS.— 
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1 (1) IN GENERAL.—Section 3 of the Dingell2 Johnson Sport Fish Restoration Act (16 U.S.C. 

3 777b) is amended in the first sentence— 

4 (A) by striking ‘‘Sport Fish Restoration 

5 Account’’ and inserting ‘‘Sport Fish Restora6 tion Trust Fund’’; and 

7 (B) by striking ‘‘that Account’’ and insert8 ing ‘‘that Trust Fund, except as provided in 

9 section 9504(c) of the Internal Revenue Code of 

10 1986’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by paragraph (1) take effect on October 1, 2004. 

13 SEC. 3004. DIVISION OF ANNUAL APPROPRIATIONS. 

14 Section 4 (16 U.S.C. 777c) is amended— 

15 (1) by striking subsections (a) through (c) and 

16 redesignating subsections (d) through (g) as sub17 sections (b) through (e), respectively; 

18 (2) by inserting before subsection (b) (as redes19 ignated by paragraph (1)), the following: 

20 ‘‘(a) IN GENERAL.—For fiscal years 2004 through 

21 2009, the balance of each annual appropriation made in 

22 accordance with the provisions of section 3 of this title 

23 remaining after the distributions are made for administra24 tive expenses and other purposes under section 4(b) and 
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1 for multistate conservation grants under section 14 shall 

2 be distributed as follows: 

3 ‘‘(1) COASTAL WETLANDS.—18.5 percent to the 

4 Secretary of the Interior for distribution as provided 

5 in the Coastal Wetlands Planning, Protection, and 

6 Restoration Act (16 U.S.C. 3951 et seq.). 

7 ‘‘(2) BOATING SAFETY.—18.5 percent to the 

8 Secretary of Homeland Security for State rec9 reational boating safety programs under section 

10 13106 of title 46, United States Code. 

11 ‘‘(3) CLEAN VESSEL ACT.—2 percent to the 

12 Secretary of the Interior for qualified projects under 

13 section 5604(c) of the Clean Vessel Act of 1992 (33 

14 U.S.C. 1322 note). 

15 ‘‘(4) BOATING INFRASTRUCTURE.—2 percent to 

16 the Secretary of the Interior for obligation for quali17 fied projects under section 7404(d) of the 

18 Sportfishing and Boating Safety Act of 1998 (16 

19 U.S.C. 777g–1(d)). 

20 ‘‘(5) NATIONAL OUTREACH AND COMMUNICA21 TIONS.—2 percent to the Secretary of the Interior 

22 for the National Outreach and Communications Pro23 gram under section 8(d) of this title. Such amounts 

24 shall remain available for 3 fiscal years, after which 

25 any portion thereof that is unobligated by the Sec-
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1 retary for that program may be expended by the 

2 Secretary under subsection (c).’’; 

3 (3) in subsection (b)(1) (as redesignated by 

4 paragraph (1)), by striking subparagraph (A) and 

5 inserting the following: 

6 ‘‘(A) SET-ASIDE.—For fiscal year 2006 

7 and each subsequent fiscal year, before making 

8 a distribution under subsection (a), the Sec9 retary of the Interior may use not more than 

10 the available amount specified in subparagraph 

11 (B) for the fiscal year for expenses of adminis12 tration incurred in the implementation of this 

13 chapter, in accordance with this section and 

14 section 9.’’; 

15 (4) in subsection (c) (as redesignated by para16 graph (1)), by striking the subsection heading and 

17 all that follows through the colon in the first sen18 tence and inserting the following: 

19 ‘‘(c) APPORTIONMENT AMONG STATES.—For fiscal 

20 year 2006 and each subsequent fiscal year, after the dis21 tribution, transfer, use, and deduction under subsection 

22 (b), and after deducting amounts for grants under section 

23 14, the Secretary of the Interior shall apportion 57 per24 cent of the balance of each annual appropriation among 

25 the several States in the following manner:’’; 
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1 (5) by striking ‘‘per centum’’ each place it ap2 pears in subsection (c) (as redesignated by para3 graph (1)) and inserting ‘‘percent’’; 

4 (6) in paragraph (1) of subsection (e) (as redes5 ignated by paragraph (1)), by striking ‘‘subsections 

6 (a), (b)(3)(A), (b)(3)(B), and (c)’’ and inserting 

7 ‘‘paragraphs (1), (3), (4), and (5) of subsection 

8 (a)’’; and 

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

10 ‘‘(f) TRANSFER OF CERTAIN FUNDS.—Amounts 

11 available under paragraphs (3) and (4) of subsection (a) 

12 that are unobligated by the Secretary after 3 fiscal years 

13 shall be transferred to the Secretary of Homeland Security 

14 and shall be expended for State recreational boating safety 

15 programs under section 13106(a) of title 46, United 

16 States Code.’’. 

17 SEC. 3005. MAINTENANCE OF PROJECTS. 

18 Section 8 (16 U.S.C. 777g) is amended— 

19 (1) by striking ‘‘in carrying out the research 

20 program of the Fish and Wildlife Service in respect 

21 to fish of material value for sport or recreation.’’ in 

22 subsection (b)(2) and inserting ‘‘to supplement the 

23 57 percent of the balance of each annual appropria24 tion to be apportioned among the States under sec25 tion 4(c).’’; and 
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1 (2) in subsection (d)(3), by striking ‘‘subsection 

2 (c) or (d) of section 4’’ and inserting ‘‘section 

3 4(a)(5) or section 4(b)’’. 

4 SEC. 3006. BOATING INFRASTRUCTURE. 

5 Section 7404(d)(1) of the Sportfishing and Boating 

6 Safety Act of 1998 (16 U.S.C. 777g-1(d)(1)) is amended 

7 by striking ‘‘section 4(b)(3)(B)’’ and inserting ‘‘section 

8 4(a)(4)’’. 

9 SEC. 3007. REQUIREMENTS AND RESTRICTIONS CON10 CERNING USE OF AMOUNTS FOR EXPENSES 

11 FOR ADMINISTRATION. 

12 Section 9 (16 U.S.C. 777h) is amended— 

13 (1) by striking ‘‘section 4(d)(1)’’ in subsection 

14 (a) and inserting ‘‘section 4(b)’’; and 

15 (2) by striking ‘‘section 4(d)(1)’’ in subsection 

16 (b)(1) and inserting ‘‘section 4(b)’’. 

17 SEC. 3008. PAYMENTS OF FUNDS TO AND COOPERATION 

18 WITH PUERTO RICO, THE DISTRICT OF CO19 LUMBIA, GUAM, AMERICAN SAMOA, THE COM20 MONWEALTH OF THE NORTHERN MARIANA 

21 ISLANDS, AND THE VIRGIN ISLANDS. 

22 Section 12 (16 U.S.C. 777k) is amended by striking 

23 ‘‘in carrying on the research program of the Fish and 

24 Wildlife Service in respect to fish of material value for 

25 sport or recreation.’’ and inserting ‘‘to supplement the 57 
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1 percent of the balance of each annual appropriation to be 

2 apportioned among the States under section 4(b) of this 

3 title.’’. 

4 SEC. 3009. MULTISTATE CONSERVATION GRANT PROGRAM. 

5 Section 14 (16 U.S.C. 777m) is amended— 

6 (1) by striking so much of subsection (a) as 

7 precedes paragraph (2) and inserting the following: 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) AMOUNT FOR GRANTS.—For fiscal year 

10 2004 and each subsequent fiscal year, not more than 

11 $3,000,000 of each annual appropriation made in 

12 accordance with the provisions of section 3 of this 

13 title shall be distributed to the Secretary of the Inte14 rior for making multistate conservation project 

15 grants in accordance with this section.’’; 

16 (2) by striking ‘‘section 4(e)’’ each place it ap17 pears in subsection (a)(2)(B) and inserting ‘‘section 

18 4(c)’’; and 

19 (3) by striking ‘‘Of the balance of each annual 

20 appropriation made under section 3 remaining after 

21 the distribution and use under subsections (a), (b), 

22 and (c) of section 4 for each fiscal year and after 

23 deducting amounts used for grants under subsection 

24 (a)—’’ in subsection (e) and inserting ‘‘Of amounts 
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1 made available under section 4(b) for each fiscal 

2 year—’’. 

3 TITLE IV—SOLID WASTE 

4 DISPOSAL 

5 SEC. 4001. INCREASED USE OF RECOVERED MINERAL COM6 PONENT IN FEDERALLY FUNDED PROJECTS 

7 INVOLVING PROCUREMENT OF CEMENT OR 

8 CONCRETE. 

9 (a) IN GENERAL.—Subtitle F of the Solid Waste Dis10 posal Act (42 U.S.C. 6961 et seq.) is amended by adding 

11 at the end the following: 

12 ‘‘SEC. 6005. INCREASED USE OF RECOVERED MINERAL 

13 COMPONENT IN FEDERALLY FUNDED 

14 PROJECTS INVOLVING PROCUREMENT OF 

15 CEMENT OR CONCRETE. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) AGENCY HEAD.—The term ‘agency head’ 

18 means— 

19 ‘‘(A) the Secretary of Transportation; and 

20 ‘‘(B) the head of each other Federal agen21 cy that on a regular basis procures, or provides 

22 Federal funds to pay or assist in paying the 

23 cost of procuring, material for cement or con24 crete projects. 
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1 ‘‘(2) CEMENT OR CONCRETE PROJECT.—The 

2 term ‘cement or concrete project’ means a project 

3 for the construction or maintenance of a highway or 

4 other transportation facility or a Federal, State, or 

5 local government building or other public facility 

6 that— 

7 ‘‘(A) involves the procurement of cement 

8 or concrete; and 

9 ‘‘(B) is carried out in whole or in part 

10 using Federal funds. 

11 ‘‘(3) RECOVERED MINERAL COMPONENT.—The 

12 term ‘recovered mineral component’ means— 

13 ‘‘(A) ground granulated blast furnace slag; 

14 ‘‘(B) coal combustion fly ash; and 

15 ‘‘(C) any other waste material or byprod16 uct recovered or diverted from solid waste that 

17 the Administrator, in consultation with an 

18 agency head, determines should be treated as 

19 recovered mineral component under this section 

20 for use in cement or concrete projects paid for, 

21 in whole or in part, by the agency head. 

22 ‘‘(b) IMPLEMENTATION OF REQUIREMENTS.— 

23 ‘‘(1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this section, the Adminis25 trator and each agency head shall take such actions 
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1 as are necessary to implement fully all procurement 

2 requirements and incentives in effect as of the date 

3 of enactment of this section (including guidelines 

4 under section 6002) that provide for the use of ce5 ment and concrete incorporating recovered mineral 

6 component in cement or concrete projects. 

7 ‘‘(2) PRIORITY.—In carrying out paragraph (1) 

8 an agency head shall give priority to achieving great9 er use of recovered mineral component in cement or 

10 concrete projects for which recovered mineral compo11 nents historically have not been used or have been 

12 used only minimally. 

13 ‘‘(3) CONFORMANCE.—The Administrator and 

14 each agency head shall carry out this subsection in 

15 accordance with section 6002. 

16 ‘‘(c) FULL IMPLEMENTATION STUDY.— 

17 ‘‘(1) IN GENERAL.—The Administrator, in co18 operation with the Secretary of Transportation and 

19 the Secretary of Energy, shall conduct a study to de20 termine the extent to which current procurement re21 quirements, when fully implemented in accordance 

22 with subsection (b), may realize energy savings and 

23 environmental benefits attainable with substitution 

24 of recovered mineral component in cement used in 

25 cement or concrete projects. 
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1 ‘‘(2) MATTERS TO BE ADDRESSED.—The study 

2 shall— 

3 ‘‘(A) quantify the extent to which recov4 ered mineral components are being substituted 

5 for Portland cement, particularly as a result of 

6 current procurement requirements, and the en7 ergy savings and environmental benefits associ8 ated with that substitution; 

9 ‘‘(B) identify all barriers in procurement 

10 requirements to greater realization of energy 

11 savings and environmental benefits, including 

12 barriers resulting from exceptions from current 

13 law; and 

14 ‘‘(C)(i) identify potential mechanisms to 

15 achieve greater substitution of recovered min16 eral component in types of cement or concrete 

17 projects for which recovered mineral compo18 nents historically have not been used or have 

19 been used only minimally; 

20 ‘‘(ii) evaluate the feasibility of establishing 

21 guidelines or standards for optimized substi22 tution rates of recovered mineral component in 

23 those cement or concrete projects; and 

24 ‘‘(iii) identify any potential environmental 

25 or economic effects that may result from great-
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1 er substitution of recovered mineral component 

2 in those cement or concrete projects. 

3 ‘‘(3) REPORT.—Not later than 30 months after 

4 the date of enactment of this section, the Adminis5 trator shall submit to Congress a report on the 

6 study. 

7 ‘‘(d) ADDITIONAL PROCUREMENT REQUIREMENTS.— 

8 Unless the study conducted under subsection (c) identifies 

9 any effects or other problems described in subsection 

10 (c)(2)(C)(iii) that warrant further review or delay, the Ad11 ministrator and each agency head shall, not later than 1 

12 year after the release of the report in accordance with sub13 section (c)(3), take additional actions authorized under 

14 this Act to establish procurement requirements and incen15 tives that provide for the use of cement and concrete with 

16 increased substitution of recovered mineral component in 

17 the construction and maintenance of cement or concrete 

18 projects, so as to— 

19 ‘‘(1) realize more fully the energy savings and 

20 environmental benefits associated with increased 

21 substitution; and 

22 ‘‘(2) eliminate barriers identified under sub23 section (c). 

24 ‘‘(e) EFFECT OF SECTION.—Nothing in this section 

25 affects the requirements of section 6002 (including the 
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1 guidelines and specifications for implementing those re2 quirements).’’. 

3 (b) TABLE OF CONTENTS AMENDMENT.—The table 

4 of contents in section 1001 of the Solid Waste Disposal 

5 Act (42 U.S.C. prec. 6901) is amended by adding after 

6 the item relating to section 6004 the following: 

‘‘Sec. 6005. Increased use of recovered mineral component in federally funded 

projects involving procurement of cement or concrete.’’. 

7 SEC. 4002. USE OF GRANULAR MINE TAILINGS. 

8 (a) IN GENERAL.—Subtitle F of the Solid Waste Dis9 posal Act (42 U.S.C. 6961 et seq.) (as amended by section 

10 4001(a)) is amended by adding at the end the following: 

11 ‘‘SEC. 6006. USE OF GRANULAR MINE TAILINGS. 

12 ‘‘(a) MINE TAILINGS.— 

13 ‘‘(1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this section, the Ad15 ministrator, in consultation with the Secretary of 

16 Transportation and heads of other Federal agencies, 

17 shall establish criteria (including an evaluation of 

18 whether to establish a numerical standard for con19 centration of lead and other hazardous substances) 

20 for the safe and environmentally protective use of 

21 granular mine tailings from the Tar Creek, Okla22 homa Mining District, known as ‘chat’, for— 

23 ‘‘(A) cement or concrete projects; and 
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1 ‘‘(B) transportation construction projects 

2 (including transportation construction projects 

3 involving the use of asphalt) that are carried 

4 out, in whole or in part, using Federal funds. 

5 ‘‘(2) REQUIREMENTS.—In establishing criteria 

6 under paragraph (1), the Administrator shall con7 sider— 

8 ‘‘(A) the current and previous uses of 

9 granular mine tailings as an aggregate for as10 phalt; and 

11 ‘‘(B) any environmental and public health 

12 risks and benefits derived from the removal, 

13 transportation, and use in transportation 

14 projects of granular mine tailings. 

15 ‘‘(3) PUBLIC PARTICIPATION.—In establishing 

16 the criteria under paragraph (1), the Administrator 

17 shall solicit and consider comments from the public. 

18 ‘‘(4) APPLICABILITY OF CRITERIA.—On the es19 tablishment of the criteria under paragraph (1), any 

20 use of the granular mine tailings described in para21 graph (1) in a transportation project that is carried 

22 out, in whole or in part, using Federal funds, shall 

23 meet the criteria established under paragraph (1). 

24 ‘‘(b) EFFECT OF SECTIONS.—Nothing in this section 

25 or section 6005 affects any requirement of any law (in-
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1 cluding a regulation) in effect on the date of enactment 

2 of this section.’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents in section 1001 of the Solid Waste Disposal Act (42 

5 U.S.C. prec. 6901) (as amended by section 4001(b)) is 

6 amended by adding after the item relating to section 6005 

7 the following: 

‘‘Sec. 6006. Use of granular mine tailings.’’. 
Calendar No. 68 

109TH CONGRESS 

1ST SESSION S. 732 

[Report No. 109–53] 

A BILL 

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

MARCH 6, 2005 

Read twice and placed on the calendar