II 

Calendar No. 94 

109TH CONGRESS 

1ST SESSION S. 907 

To amend chapter 53 of title 49, United States Code, to improve the Nation’s 

public transportation and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2005 

Mr. SHELBY, from the Committee on Banking, Housing, and Urban Affairs, 

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

the calendar 

A BILL 

To amend chapter 53 of title 49, United States Code, to 

improve the Nation’s public transportation and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Public Trans5 portation Act of 2005’’. 
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1 SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE; 

2 UPDATED TERMINOLOGY. 

3 (a) AMENDMENTS TO TITLE 49.—Except as other4 wise specifically provided, whenever in this Act an amend5 ment or repeal is expressed in terms of an amendment 

6 to, or repeal of, a section or other provision of law, the 

7 reference shall be considered to be made to a section or 

8 other provision of title 49, United States Code. 

9 (b) UPDATED TERMINOLOGY.—Except for sections 

10 5301(f), 5302(a)(7), and 5315, chapter 53, including the 

11 chapter analysis, is amended by striking ‘‘mass transpor12 tation’’ each place it appears and inserting ‘‘public trans13 portation’’. 

14 SEC. 3. POLICIES, FINDINGS, AND PURPOSES. 

15 (a) DEVELOPMENT AND REVITALIZATION OF PUBLIC

16 TRANSPORTATION SYSTEMS.—Section 5301(a) is amend17 ed to read as follows: 

18 ‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUB19 LIC TRANSPORTATION SYSTEMS.—It is in the economic 

20 interest of the United States to foster the development and 

21 revitalization of public transportation systems, which are 

22 coordinated with other modes of transportation, that 

23 maximize the efficient, secure, and safe mobility of individ24 uals and minimize environmental impacts.’’. 

25 (b) GENERAL FINDINGS.—Section 5301(b)(1) is 

26 amended— 
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1 (1) by striking ‘‘70 percent’’ and inserting 

2 ‘‘two-thirds’’; and 

3 (2) by striking ‘‘urban areas’’ and inserting 

4 ‘‘urbanized areas’’. 

5 (c) PRESERVING THE ENVIRONMENT.—Section 

6 5301(e) is amended— 

7 (1) by striking ‘‘an urban’’ and inserting ‘‘a’’; 

8 and 

9 (2) by striking ‘‘under sections 5309 and 5310 

10 of this title’’. 

11 (d) GENERAL PURPOSES.—Section 5301(f) is 

12 amended— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘improved mass’’ and in15 serting ‘‘improved public’’; and 

16 (B) by striking ‘‘public and private mass 

17 transportation companies’’ and inserting ‘‘pub18 lic transportation companies and private compa19 nies engaged in public transportation’’; 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘urban mass’’ and insert22 ing ‘‘public’’; and 

23 (B) by striking ‘‘public and private mass 

24 transportation companies’’ and inserting ‘‘pub-
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1 lic transportation companies and private compa2 nies engaged in public transportation’’; 

3 (3) in paragraph (3)— 

4 (A) by striking ‘‘urban mass’’ and insert5 ing ‘‘public’’; and 

6 (B) by striking ‘‘public or private mass 

7 transportation companies’’ and inserting ‘‘pub8 lic transportation companies or private compa9 nies engaged in public transportation’’; and 

10 (4) in paragraph (5), by striking ‘‘urban mass’’ 

11 and inserting ‘‘public’’. 

12 SEC. 4. DEFINITIONS. 

13 Section 5302(a) is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (G)(i), by inserting 

16 ‘‘including the intercity bus and intercity rail 

17 portions of such facility or mall,’’ after ‘‘trans18 portation mall,’’; 

19 (B) in subparagraph (G)(ii), by inserting 

20 ‘‘, except for the intercity bus portion of inter21 modal facilities or malls,’’ after ‘‘commercial 

22 revenue-producing facility’’; 

23 (C) in subparagraph (H)— 

24 (i) by striking ‘‘and’’ after ‘‘innova25 tive’’ and inserting ‘‘or’’; and 
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1 (ii) by striking ‘‘or’’ after the semi2 colon at the end; 

3 (D) in subparagraph (I), by striking the 

4 period at the end and inserting a semicolon; 

5 and 

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

7 ‘‘(J) crime prevention and security, includ8 ing— 

9 ‘‘(i) projects to refine and develop se10 curity and emergency response plans; or 

11 ‘‘(ii) projects to detect chemical or bi12 ological agents in public transportation; 

13 ‘‘(K) conducting emergency response drills 

14 with public transportation agencies and local 

15 first response agencies or security training for 

16 public transportation employees, except for ex17 penses relating to operations; or 

18 ‘‘(L) establishing a debt service reserve, 

19 made up of deposits with a bondholder’s trust20 ee, to ensure the timely payment of principal 

21 and interest on bonds issued by a grant recipi22 ent to finance an eligible project under this 

23 chapter.’’; 

24 (2) by redesignating paragraphs (8) through 

25 (17) as paragraphs (9) through (18), respectively; 
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1 (3) by striking paragraph (7) and inserting the 

2 following: 

3 ‘‘(7) MASS TRANSPORTATION.—The term ‘mass 

4 transportation’ means public transportation. 

5 ‘‘(8) MOBILITY MANAGEMENT.—The term ‘mo6 bility management’ means a short-range planning or 

7 management activity or project that does not include 

8 operating public transportation services and— 

9 ‘‘(A) improves coordination among public 

10 transportation providers, including private com11 panies engaged in public transportation; 

12 ‘‘(B) addresses customer needs by tailoring 

13 public transportation services to specific market 

14 niches; or 

15 ‘‘(C) manages public transportation de16 mand.’’; 

17 (4) by amending paragraph (11), as redesig18 nated, to read as follows: 

19 ‘‘(11) PUBLIC TRANSPORTATION.—The term 

20 ‘public transportation’ means transportation by a 

21 conveyance that provides local regular and con22 tinuing general or special transportation to the pub23 lic, but does not include school bus, charter bus, 

24 intercity bus or passenger rail, or sightseeing trans25 portation.’’; 
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1 (5) in subparagraphs (A) and (E) of paragraph 

2 (16), as redesignated, by striking ‘‘and’’ each place 

3 it appears and inserting ‘‘or’’; and 

4 (6) by amending paragraph (18), as redesig5 nated, to read as follows: 

6 ‘‘(18) URBANIZED AREA.—The term ‘urbanized 

7 area’ means an area encompassing a population of 

8 not less than 50,000 people that has been defined 

9 and designated in the most recent decennial census 

10 as an ‘urbanized area’ by the Secretary of Com11 merce.’’. 

12 SEC. 5. METROPOLITAN TRANSPORTATION PLANNING. 

13 Section 5303 is amended to read as follows: 

14 ‘‘§ 5303. Metropolitan transportation planning 

15 ‘‘(a) DEFINITIONS.—As used in this section and in 

16 section 5304, the following definitions shall apply: 

17 ‘‘(1) CONSULTATION.—A ‘consultation’ occurs 

18 when 1 party— 

19 ‘‘(A) confers with another identified party 

20 in accordance with an established process; 

21 ‘‘(B) prior to taking action, considers the 

22 views of the other identified party; and 

23 ‘‘(C) periodically informs that party about 

24 action taken. 
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1 ‘‘(2) METROPOLITAN PLANNING AREA.—The 

2 term ‘metropolitan planning area’ means the geo3 graphic area determined by agreement between the 

4 metropolitan planning organization and the Gov5 ernor under subsection (d). 

6 ‘‘(3) METROPOLITAN PLANNING ORGANIZA7 TION.—The term ‘metropolitan planning organiza8 tion’ means the Policy Board of the organization 

9 designated under subsection (c). 

10 ‘‘(4) NONMETROPOLITAN AREA.—The term 

11 ‘nonmetropolitan area’ means any geographic area 

12 outside all designated metropolitan planning areas. 

13 ‘‘(5) NONMETROPOLITAN LOCAL OFFICIAL.— 

14 The term ‘nonmetropolitan local official’ means any 

15 elected or appointed official of general purpose local 

16 government located in a nonmetropolitan area who is 

17 responsible for transportation services for such local 

18 government. 

19 ‘‘(b) GENERAL REQUIREMENTS.— 

20 ‘‘(1) DEVELOPMENT OF PLANS AND PRO21 GRAMS.—To accomplish the objectives described in 

22 section 5301(a), each metropolitan planning organi23 zation, in cooperation with the State and public 

24 transportation operators, shall develop transpor-
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1 tation plans and programs for metropolitan planning 

2 areas of the State in which it is located. 

3 ‘‘(2) CONTENTS.—The plans and programs de4 veloped under paragraph (1) for each metropolitan 

5 planning area shall provide for the development and 

6 integrated management and operation of transpor7 tation systems and facilities (including pedestrian 

8 walkways and bicycle transportation facilities) that 

9 will function as an intermodal transportation system 

10 for the metropolitan planning area and as an inte11 gral part of an intermodal transportation system for 

12 the State and the United States. 

13 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

14 for developing the plans and programs shall provide 

15 for consideration of all modes of transportation and 

16 shall be continuing, cooperative, and comprehensive 

17 to the degree appropriate, based on the complexity 

18 of the transportation problems to be addressed. 

19 ‘‘(4) PLANNING AND PROJECT DEVELOP20 MENT.—The metropolitan planning organization, the 

21 State Department of Transportation, and the appro22 priate public transportation provider shall agree 

23 upon the approaches that will be used to evaluate al24 ternatives and identify transportation improvements 
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1 that address the most complex problems and press2 ing transportation needs in the metropolitan area. 

3 ‘‘(c) DESIGNATION OF METROPOLITAN PLANNING

4 ORGANIZATIONS.— 

5 ‘‘(1) IN GENERAL.—To carry out the transpor6 tation planning process under this section, a metro7 politan planning organization shall be designated for 

8 each urbanized area— 

9 ‘‘(A) by agreement between the Governor 

10 and units of general purpose local government 

11 that combined represent not less than 75 per12 cent of the affected population (including the 

13 incorporated city or cities named by the Bureau 

14 of the Census in designating the urbanized 

15 area); or 

16 ‘‘(B) in accordance with procedures estab17 lished by applicable State or local law. 

18 ‘‘(2) STRUCTURE.—Each metropolitan planning 

19 organization designated under paragraph (1) that 

20 serves an area identified as a transportation man21 agement area shall consist of— 

22 ‘‘(A) local elected officials; 

23 ‘‘(B) officials of public agencies that ad24 minister or operate major modes of transpor25 tation in the metropolitan area; and 
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1 ‘‘(C) appropriate State officials. 

2 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC3 TION.—Nothing in this subsection shall be construed 

4 to interfere with the authority, under any State law 

5 in effect on December 18, 1991, of a public agency 

6 with multimodal transportation responsibilities— 

7 ‘‘(A) to develop plans and programs for 

8 adoption by a metropolitan planning organiza9 tion; and 

10 ‘‘(B) to develop long-range capital plans, 

11 coordinate transit services and projects, and 

12 carry out other activities pursuant to State law. 

13 ‘‘(4) CONTINUING DESIGNATION.—The designa14 tion of a metropolitan planning organization under 

15 this subsection or any other provision of law shall 

16 remain in effect until the metropolitan planning or17 ganization is redesignated under paragraph (5). 

18 ‘‘(5) REDESIGNATION PROCEDURES.—A metro19 politan planning organization may be redesignated 

20 by agreement between the Governor and units of 

21 general purpose local government that combined rep22 resent not less than 75 percent of the existing plan23 ning area population (including the incorporated city 

24 or cities named by the Bureau of the Census in des-
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1 ignating the urbanized area) as appropriate to carry 

2 out this section. 

3 ‘‘(6) DESIGNATION OF MORE THAN 1 METRO4 POLITAN PLANNING ORGANIZATION.—More than 1 

5 metropolitan planning organization may be des6 ignated within an existing metropolitan planning 

7 area only if the Governor and the existing metropoli8 tan planning organization determine that the size 

9 and complexity of the existing metropolitan planning 

10 area make designation of more than 1 metropolitan 

11 planning organization for the area appropriate. 

12 ‘‘(d) METROPOLITAN PLANNING AREA BOUND13 ARIES.— 

14 ‘‘(1) IN GENERAL.—For the purposes of this 

15 section, the boundaries of a metropolitan planning 

16 area shall be determined by agreement between the 

17 metropolitan planning organization and the Gov18 ernor. 

19 ‘‘(2) INCLUDED AREA.—Each metropolitan 

20 planning area— 

21 ‘‘(A) shall encompass at least the existing 

22 urbanized area and the contiguous area ex23 pected to become urbanized within a 20-year 

24 forecast period for the transportation plan; and 
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1 ‘‘(B) may encompass the entire metropoli2 tan statistical area or consolidated metropolitan 

3 statistical area, as defined by the Office of 

4 Management and Budget. 

5 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

6 AREAS WITHIN EXISTING PLANNING AREA BOUND7 ARIES.—The designation by the Bureau of the Cen8 sus of new urbanized areas within an existing metro9 politan planning area shall not require the redesig10 nation of the existing metropolitan planning organi11 zation. 

12 ‘‘(4) EXISTING METROPOLITAN PLANNING

13 AREAS IN NONATTAINMENT.—Notwithstanding para14 graph (2), in the case of an urbanized area des15 ignated as a nonattainment area for ozone or carbon 

16 monoxide under the Clean Air Act (42 U.S.C. 7401 

17 et seq.), the boundaries of the metropolitan planning 

18 area in existence as of the date of enactment of the 

19 Federal Public Transportation Act of 2005 shall be 

20 retained, except that the boundaries may be adjusted 

21 by agreement of the Governor and affected metro22 politan planning organizations in accordance with 

23 paragraph (5). 

24 ‘‘(5) NEW METROPOLITAN PLANNING AREAS IN

25 NONATTAINMENT.—If an urbanized area is des-
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1 ignated after the date of enactment of this para2 graph in a nonattainment area for ozone or carbon 

3 monoxide, the boundaries of the metropolitan plan4 ning area— 

5 ‘‘(A) shall be established in accordance 

6 with subsection (c)(1); 

7 ‘‘(B) shall encompass the areas described 

8 in paragraph (2)(A); 

9 ‘‘(C) may encompass the areas described in 

10 paragraph (2)(B); and 

11 ‘‘(D) may address any nonattainment iden12 tified under the Clean Air Act (42 U.S.C. 7401 

13 et seq.) for ozone or carbon monoxide. 

14 ‘‘(e) COORDINATION IN MULTISTATE AREAS.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall encour16 age each Governor with responsibility for a portion 

17 of a multistate metropolitan area and the appro18 priate metropolitan planning organizations to pro19 vide coordinated transportation planning for the en20 tire metropolitan area. 

21 ‘‘(2) INTERSTATE COMPACTS.—States are au22 thorized— 

23 ‘‘(A) to enter into agreements or compacts 

24 with other States, which agreements or com25 pacts are not in conflict with any law of the 
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1 United States, for cooperative efforts and mu2 tual assistance in support of activities author3 ized under this section as the activities pertain 

4 to interstate areas and localities within the 

5 States; and 

6 ‘‘(B) to establish such agencies, joint or 

7 otherwise, as the States may determine desir8 able for making the agreements and compacts 

9 effective. 

10 ‘‘(3) LAKE TAHOE REGION.— 

11 ‘‘(A) DEFINITION.—In this paragraph, the 

12 term ‘Lake Tahoe region’ has the meaning 

13 given the term ‘region’ in subdivision (a) of ar14 ticle II of the Tahoe Regional Planning Com15 pact, as set forth in the first section of Public 

16 Law 96–551 (94 Stat. 3234). 

17 ‘‘(B) TRANSPORTATION PLANNING PROC18 ESS.—The Secretary shall— 

19 ‘‘(i) establish with the Federal land 

20 management agencies that have jurisdic21 tion over land in the Lake Tahoe region a 

22 transportation planning process for the re23 gion; and 

24 ‘‘(ii) coordinate the transportation 

25 planning process with the planning process 
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1 required of State and local governments 

2 under this section and section 5304. 

3 ‘‘(C) INTERSTATE COMPACT.— 

4 ‘‘(i) IN GENERAL.—Subject to clause 

5 (ii) and notwithstanding subsection (c), to 

6 carry out the transportation planning proc7 ess required by this section, California and 

8 Nevada may designate a metropolitan 

9 planning organization for the Lake Tahoe 

10 region, by agreement between the Governor 

11 of the State of California, the Governor of 

12 the State of Nevada, and units of general 

13 purpose local government that combined 

14 represent not less than 75 percent of the 

15 affected population (including the incor16 porated city or cities named by the Bureau 

17 of the Census in designating the urbanized 

18 area), or in accordance with procedures es19 tablished by applicable State or local law. 

20 ‘‘(ii) INVOLVEMENT OF FEDERAL

21 LAND MANAGEMENT AGENCIES.— 

22 ‘‘(I) REPRESENTATION.—The 

23 policy board of a metropolitan plan24 ning organization designated under 

25 clause (i) shall include a representa-
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1 tive of each Federal land management 

2 agency that has jurisdiction over land 

3 in the Lake Tahoe region. 

4 ‘‘(II) FUNDING.—In addition to 

5 funds made available to the metropoli6 tan planning organization under other 

7 provisions of title 23 and this chapter, 

8 not more than 1 percent of the funds 

9 allocated under section 202 of title 23 

10 may be used to carry out the trans11 portation planning process for the 

12 Lake Tahoe region under this sub13 paragraph. 

14 ‘‘(D) ACTIVITIES.—Highway projects in15 cluded in transportation plans developed under 

16 this paragraph— 

17 ‘‘(i) shall be selected for funding in a 

18 manner that facilitates the participation of 

19 the Federal land management agencies 

20 that have jurisdiction over land in the 

21 Lake Tahoe region; and 

22 ‘‘(ii) may, in accordance with chapter 

23 2 of title 23, be funded using funds allo24 cated under section 202 of title 23. 
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1 ‘‘(f) COORDINATION OF METROPOLITAN PLANNING

2 ORGANIZATIONS.— 

3 ‘‘(1) NONATTAINMENT AREAS.—If more than 1 

4 metropolitan planning organization has authority 

5 within a metropolitan area or an area which is des6 ignated as a nonattainment area for ozone or carbon 

7 monoxide under the Clean Air Act (42 U.S.C. 7401 

8 et seq.), each metropolitan planning organization 

9 shall consult with the other metropolitan planning 

10 organizations designated for such area and the State 

11 in the coordination of plans required by this section. 

12 ‘‘(2) TRANSPORTATION IMPROVEMENTS LO13 CATED IN MULTIPLE METROPOLITAN PLANNING

14 AREAS.—If a transportation improvement funded 

15 from the highway trust fund is located within the 

16 boundaries of more than 1 metropolitan planning 

17 area, the metropolitan planning organizations shall 

18 coordinate plans regarding the transportation im19 provement. 

20 ‘‘(3) INTERREGIONAL AND INTERSTATE

21 PROJECT IMPACTS.—Planning for National Highway 

22 System, commuter rail projects, or other projects 

23 with substantial impacts outside a single metropoli24 tan planning area or State shall be coordinated di-
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1 rectly with the affected, contiguous, metropolitan 

2 planning organizations and States. 

3 ‘‘(4) COORDINATION WITH OTHER PLANNING

4 PROCESSES.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 encourage each metropolitan planning organiza7 tion to coordinate its planning process, to the 

8 maximum extent practicable, with those officials 

9 responsible for other types of planning activities 

10 that are affected by transportation, including 

11 State and local land use planning, economic de12 velopment, environmental protection, airport op13 erations, housing, and freight. 

14 ‘‘(B) OTHER CONSIDERATIONS.—The met15 ropolitan planning process shall develop trans16 portation plans with due consideration of, and 

17 in coordination with, other related planning ac18 tivities within the metropolitan area. This 

19 should include the design and delivery of trans20 portation services within the metropolitan area 

21 that are provided by— 

22 ‘‘(i) recipients of assistance under this 

23 chapter; 

24 ‘‘(ii) governmental agencies and non25 profit organizations (including representa-
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1 tives of the agencies and organizations) 

2 that receive Federal assistance from a 

3 source other than the Department of 

4 Transportation to provide nonemergency 

5 transportation services; and 

6 ‘‘(iii) recipients of assistance under 

7 section 204 of title 23. 

8 ‘‘(g) SCOPE OF PLANNING PROCESS.— 

9 ‘‘(1) IN GENERAL.—The goals and objectives 

10 developed through the metropolitan planning process 

11 for a metropolitan planning area under this section 

12 shall address, in relation to the performance of the 

13 metropolitan area transportation systems— 

14 ‘‘(A) supporting the economic vitality of 

15 the metropolitan area, especially by enabling 

16 global competitiveness, productivity, and effi17 ciency, including through services provided by 

18 public and private operators; 

19 ‘‘(B) increasing the safety of the transpor20 tation system for motorized and nonmotorized 

21 users; 

22 ‘‘(C) increasing the security of the trans23 portation system for motorized and non24 motorized users; 
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1 ‘‘(D) increasing the accessibility and mobil2 ity of people and for freight, including through 

3 services provided by public and private opera4 tors; 

5 ‘‘(E) protecting and enhancing the environ6 ment (including the protection of habitat, water 

7 quality, and agricultural and forest land, while 

8 minimizing invasive species), promoting energy 

9 conservation, and promoting consistency be10 tween transportation improvements and State 

11 and local land use planning and economic devel12 opment patterns (including minimizing adverse 

13 health effects from mobile source air pollution 

14 and promoting the linkage of the transportation 

15 and development goals of the metropolitan 

16 area); 

17 ‘‘(F) enhancing the integration and 

18 connectivity of the transportation system, 

19 across and between modes, for people and 

20 freight, including through services provided by 

21 public and private operators; 

22 ‘‘(G) promoting efficient system manage23 ment and operation; and 

24 ‘‘(H) emphasizing the preservation and ef25 ficient use of the existing transportation sys-
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1 tem, including services provided by public and 

2 private operators. 

3 ‘‘(2) SELECTION OF FACTORS.—After soliciting 

4 and considering any relevant public comments, the 

5 metropolitan planning organization shall determine 

6 which of the factors described in paragraph (1) are 

7 most appropriate to consider. 

8 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The 

9 failure to consider any factor specified in paragraph 

10 (1) shall not be reviewable by any court under title 

11 23, this title, subchapter II of chapter 5 of title 5, 

12 or chapter 7 of title 5 in any matter affecting a 

13 transportation plan, a transportation improvement 

14 plan, a project or strategy, or the certification of a 

15 planning process. 

16 ‘‘(h) DEVELOPMENT OF TRANSPORTATION PLAN.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) REQUIREMENT.—Each metropolitan 

19 planning organization shall develop a transpor20 tation plan for its metropolitan planning area in 

21 accordance with this subsection, and update 

22 such plan— 

23 ‘‘(i) not less frequently than once 

24 every 4 years in areas designated as non25 attainment, as defined in section 107(d) of 
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1 the Clean Air Act (42 U.S.C. 7407(d)), 

2 and in areas that were nonattainment that 

3 have been redesignated as attainment, in 

4 accordance with paragraph (3) of such sec5 tion, with a maintenance plan under sec6 tion 175A of the Clean Air Act (42 U.S.C. 

7 7505a); or 

8 ‘‘(ii) not less frequently than once 

9 every 5 years in areas designated as at10 tainment, as defined in section 107(d) of 

11 the Clean Air Act. 

12 ‘‘(B) COORDINATION FACTORS.—In devel13 oping the transportation plan under this sec14 tion, each metropolitan planning organization 

15 shall consider the factors described in sub16 section (f) over a 20-year forecast period. 

17 ‘‘(C) FINANCIAL ESTIMATES.—For the 

18 purpose of developing the transportation plan, 

19 the metropolitan planning organization, transit 

20 operator, and State shall cooperatively develop 

21 estimates of funds that will be available to sup22 port plan implementation. 

23 ‘‘(2) MITIGATION ACTIVITIES.— 
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1 ‘‘(A) IN GENERAL.—A transportation plan 

2 under this subsection shall include a discussion 

3 of— 

4 ‘‘(i) types of potential habitat, 

5 hydrological, and environmental mitigation 

6 activities that may assist in compensating 

7 for loss of habitat, wetland, and other envi8 ronmental functions; and 

9 ‘‘(ii) potential areas to carry out these 

10 activities, including a discussion of areas 

11 that may have the greatest potential to re12 store and maintain the habitat types and 

13 hydrological or environmental functions af14 fected by the plan. 

15 ‘‘(B) CONSULTATION.—The discussion de16 scribed in subparagraph (A) shall be developed 

17 in consultation with Federal and State tribal 

18 wildlife, land management, and regulatory 

19 agencies. 

20 ‘‘(3) CONTENTS.— A transportation plan under 

21 this subsection shall be in a form that the Secretary 

22 determines to be appropriate and shall contain— 

23 ‘‘(A) an identification of transportation fa24 cilities, including major roadways, transit, 

25 multimodal and intermodal facilities, intermodal 
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1 connectors, and other relevant facilities identi2 fied by the metropolitan planning organization, 

3 which should function as an integrated metro4 politan transportation system, emphasizing 

5 those facilities that serve important national 

6 and regional transportation functions; 

7 ‘‘(B) a financial plan that— 

8 ‘‘(i) demonstrates how the adopted 

9 transportation plan can be implemented; 

10 ‘‘(ii) indicates resources from public 

11 and private sources that are reasonably ex12 pected to be made available to carry out 

13 the plan; 

14 ‘‘(iii) recommends any additional fi15 nancing strategies for needed projects and 

16 programs; and 

17 ‘‘(iv) may include, for illustrative pur18 poses, additional projects that would be in19 cluded in the adopted transportation plan 

20 if approved by the Secretary and reason21 able additional resources beyond those 

22 identified in the financial plan were avail23 able; 

24 ‘‘(C) operational and management strate25 gies to improve the performance of existing 
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1 transportation facilities to relieve vehicular con2 gestion and maximize the safety and mobility of 

3 people and goods; 

4 ‘‘(D) capital investment and other strate5 gies to preserve the existing metropolitan trans6 portation infrastructure and provide for 

7 multimodal capacity increases based on regional 

8 priorities and needs; and 

9 ‘‘(E) proposed transportation and transit 

10 enhancement activities. 

11 ‘‘(4) CONSULTATION.— 

12 ‘‘(A) IN GENERAL.—In each metropolitan 

13 area, the metropolitan planning organization 

14 shall consult, as appropriate, with State and 

15 local agencies responsible for land use manage16 ment, natural resources, environmental protec17 tion, conservation, and historic preservation 

18 concerning the development of a long-range 

19 transportation plan. 

20 ‘‘(B) ISSUES.—The consultation shall in21 volve— 

22 ‘‘(i) comparison of transportation 

23 plans with State conservation plans or with 

24 maps, if available; 
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1 ‘‘(ii) comparison of transportation 

2 plans to inventories of natural or historic 

3 resources, if available; or 

4 ‘‘(iii) consideration of areas where 

5 wildlife crossing structures may be needed 

6 to ensure connectivity between wildlife 

7 habitat linkage areas. 

8 ‘‘(5) COORDINATION WITH CLEAN AIR ACT

9 AGENCIES.—In metropolitan areas in nonattainment 

10 for ozone or carbon monoxide under the Clean Air 

11 Act (42 U.S.C. 7401 et seq.), the metropolitan plan12 ning organization shall coordinate the development 

13 of a transportation plan with the process for devel14 opment of the transportation control measures of the 

15 State implementation plan required by the Clean Air 

16 Act. 

17 ‘‘(6) APPROVAL OF THE TRANSPORTATION

18 PLAN.—Each transportation plan prepared by a 

19 metropolitan planning organization shall be— 

20 ‘‘(A) approved by the metropolitan plan21 ning organization; and 

22 ‘‘(B) submitted to the Governor for infor23 mation purposes at such time and in such man24 ner as the Secretary may reasonably require. 

25 ‘‘(i) PARTICIPATION BY INTERESTED PARTIES.— 
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1 ‘‘(1) DEVELOPMENT OF PARTICIPATION

2 PLAN.—Not less frequently than every 4 years, each 

3 metropolitan planning organization shall develop and 

4 adopt a plan for participation in the process for de5 veloping the metropolitan transportation plan and 

6 programs by— 

7 ‘‘(A) citizens; 

8 ‘‘(B) affected public agencies; 

9 ‘‘(C) representatives of public transpor10 tation employees; 

11 ‘‘(D) freight shippers; 

12 ‘‘(E) providers of freight transportation 

13 services; 

14 ‘‘(F) private providers of transportation; 

15 ‘‘(G) representatives of users of public 

16 transit; 

17 ‘‘(H) representatives of users of pedestrian 

18 walkways and bicycle transportation facilities; 

19 and 

20 ‘‘(I) other interested parties. 

21 ‘‘(2) CONTENTS OF PARTICIPATION PLAN.—The 

22 participation plan— 

23 ‘‘(A) shall be developed in a manner the 

24 Secretary determines to be appropriate; 
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1 ‘‘(B) shall be developed in consultation 

2 with all interested parties; and 

3 ‘‘(C) shall provide that all interested par4 ties have reasonable opportunities to comment 

5 on— 

6 ‘‘(i) the process for developing the 

7 transportation plan; and 

8 ‘‘(ii) the contents of the transpor9 tation plan. 

10 ‘‘(3) METHODS.—The participation plan shall 

11 provide that the metropolitan planning organization 

12 shall, to the maximum extent practicable— 

13 ‘‘(A) hold any public meetings at conven14 ient and accessible locations and times; 

15 ‘‘(B) employ visualization techniques to de16 scribe plans; and 

17 ‘‘(C) make public information available in 

18 electronically accessible format and means, such 

19 as the World Wide Web. 

20 ‘‘(4) CERTIFICATION.—Before the metropolitan 

21 planning organizations approve a transportation 

22 plan or program, each metropolitan planning organi23 zation shall certify that it has complied with the re24 quirements of the participation plan it has adopted. 

25 ‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 
30 

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1 ‘‘(1) DEVELOPMENT AND UPDATE.— 

2 ‘‘(A) IN GENERAL.—In cooperation with 

3 the State and affected operators of public 

4 transportation, a metropolitan planning organi5 zation designated for a metropolitan planning 

6 area shall develop a transportation improvement 

7 program for the area. 

8 ‘‘(B) PARTICIPATION.—In developing the 

9 transportation improvement program, the met10 ropolitan planning organization, in cooperation 

11 with the Governor and any affected operator of 

12 public transportation, shall provide an oppor13 tunity for participation by interested parties in 

14 the development of the program, in accordance 

15 with subsection (i). 

16 ‘‘(C) UPDATES.—The transportation im17 provement program shall be updated not less 

18 than once every 4 years and shall be approved 

19 by the metropolitan planning organization and 

20 the Governor. 

21 ‘‘(D) FUNDING ESTIMATE.—In developing 

22 the transportation improvement program, the 

23 metropolitan planning organization, operators 

24 of public transportation, and the State shall co25 operatively develop estimates of funds that are 
31 

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1 reasonably expected to be available to support 

2 program implementation. 

3 ‘‘(E) PROJECT ADVANCEMENT.—Projects 

4 listed in the transportation improvement pro5 gram may be selected for advancement con6 sistent with the project selection requirements. 

7 ‘‘(F) MAJOR AMENDMENTS.—Major 

8 amendments to the list described in subpara9 graph (E), including the addition, deletion, or 

10 concept and scope change of a regionally signifi11 cant project, may not be advanced without— 

12 ‘‘(i) appropriate public involvement; 

13 ‘‘(ii) financial planning; 

14 ‘‘(iii) transportation conformity anal15 yses; and 

16 ‘‘(iv) a finding by the Federal High17 way Administration and Federal Transit 

18 Administration that the amended plan was 

19 produced in a manner consistent with this 

20 section. 

21 ‘‘(2) INCLUDED PROJECTS.— 

22 ‘‘(A) PROJECTS UNDER CHAPTER 1 OF

23 TITLE 23 AND THIS CHAPTER.—A transpor24 tation improvement program developed under 

25 this section for a metropolitan area shall in-
32 

•S 907 PCS 

1 clude the projects and strategies within the 

2 metropolitan area that are proposed for funding 

3 under chapter 1 of title 23 and this chapter. 

4 ‘‘(B) PROJECTS UNDER CHAPTER 2 OF

5 TITLE 23.— 

6 ‘‘(i) REGIONALLY SIGNIFICANT

7 PROJECTS.—Regionally significant projects 

8 proposed for funding under chapter 2 of 

9 title 23 shall be identified individually in 

10 the metropolitan transportation improve11 ment program. 

12 ‘‘(ii) OTHER PROJECTS.—Projects 

13 proposed for funding under chapter 2 of 

14 title 23 that are not regionally significant 

15 shall be grouped in 1 line item or identified 

16 individually in the metropolitan transpor17 tation improvement program. 

18 ‘‘(3) SELECTION OF PROJECTS.— 

19 ‘‘(A) IN GENERAL.—Except as otherwise 

20 provided under subsection (k)(4), the selection 

21 of federally funded projects in metropolitan 

22 planning areas shall be carried out, from the 

23 approved transportation plan— 

24 ‘‘(i) by the State, in the case of 

25 projects under chapter 1 of title 23 or sec-
33 

•S 907 PCS 

1 tion 5308, 5310, 5311, or 5317 of this 

2 title; 

3 ‘‘(ii) by the designated recipient, in 

4 the case of projects under section 5307; 

5 and 

6 ‘‘(iii) in cooperation with the metro7 politan planning organization. 

8 ‘‘(B) MODIFICATIONS TO PROJECT PRI9 ORITY.—Notwithstanding any other provision of 

10 law, a project may be advanced from the trans11 portation improvement program in place of an12 other project in the same transportation im13 provement program without the approval of the 

14 Secretary. 

15 ‘‘(4) PUBLICATION REQUIREMENTS.— 

16 ‘‘(A) PUBLICATION OF TRANSPORTATION

17 IMPROVEMENT PROGRAM.—A transportation 

18 improvement program involving Federal partici19 pation shall be published or otherwise made 

20 readily available by the metropolitan planning 

21 organization for public review, including, to the 

22 maximum extent practicable, in electronically 

23 accessible formats and means, such as the 

24 World Wide Web. 
34 

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1 ‘‘(B) PUBLICATION OF ANNUAL LISTINGS

2 OF PROJECTS.—An annual listing of projects, 

3 including investments in pedestrian walkways 

4 and bicycle transportation facilities, for which 

5 Federal funds have been obligated in the pre6 ceding 4 years shall be published or otherwise 

7 made available for public review by the coopera8 tive effort of the State, transit operator, and 

9 the metropolitan planning organization. This 

10 listing shall be consistent with the funding cat11 egories identified in the transportation improve12 ment program. 

13 ‘‘(C) RULEMAKING.—Not later than 120 

14 days after the date of enactment of the Federal 

15 Public Transportation Act of 2005, the Sec16 retary shall issue regulations specifying— 

17 ‘‘(i) the types of data to be included 

18 in the list described in subparagraph (B), 

19 including— 

20 ‘‘(I) the name, type, purpose, and 

21 geocoded location of each project; 

22 ‘‘(II) the Federal, State, and 

23 local identification numbers assigned 

24 to each project; 
35 

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1 ‘‘(III) amounts obligated and ex2 pended on each project, sorted by 

3 funding source and transportation 

4 mode, and the date on which each ob5 ligation was made; and 

6 ‘‘(IV) the status of each project; 

7 and 

8 ‘‘(ii) the media through which the list 

9 described in subparagraph (B) will be 

10 made available to the public, including 

11 written and visual components for each of 

12 the projects listed. 

13 ‘‘(k) TRANSPORTATION MANAGEMENT AREAS.— 

14 ‘‘(1) REQUIRED IDENTIFICATION.—The Sec15 retary shall identify each urbanized area with a pop16 ulation of more than 200,000 individuals as a trans17 portation management area. 

18 ‘‘(2) TRANSPORTATION PLANS AND PRO19 GRAMS.—Transportation plans and programs for a 

20 metropolitan planning area serving a transportation 

21 management area shall be based on a continuing 

22 and comprehensive transportation planning process 

23 carried out by the metropolitan planning organiza24 tion in cooperation with the State and transit opera25 tors. 
36 

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1 ‘‘(3) CONGESTION MANAGEMENT SYSTEM.— 

2 ‘‘(A) IN GENERAL.—The transportation 

3 planning process under this section shall ad4 dress congestion management through a process 

5 that provides for effective management and op6 eration, based on a cooperatively developed and 

7 implemented metropolitan-wide strategy, of new 

8 and existing transportation facilities eligible for 

9 funding under title 23 and this chapter through 

10 the use of travel demand reduction and oper11 ational management strategies. 

12 ‘‘(B) PHASE-IN SCHEDULE.—The Sec13 retary shall establish a phase-in schedule that 

14 provides for full compliance with the require15 ments of this section not later than 1 year after 

16 the identification of transportation management 

17 areas under paragraph (1). 

18 ‘‘(4) SELECTION OF PROJECTS.— 

19 ‘‘(A) IN GENERAL.—All federally funded 

20 projects carried out within the boundaries of a 

21 metropolitan planning area serving a transpor22 tation management area under title 23 (except 

23 for projects carried out on the National High24 way System and projects carried out under the 

25 bridge program or the interstate maintenance 
37 

•S 907 PCS 

1 program) or under this chapter shall be selected 

2 for implementation from the approved transpor3 tation improvement program by the metropoli4 tan planning organization designated for the 

5 area in consultation with the State and any af6 fected public transit operator. 

7 ‘‘(B) NATIONAL HIGHWAY SYSTEM

8 PROJECTS.—Projects on the National Highway 

9 System carried out within the boundaries of a 

10 metropolitan planning area serving a transpor11 tation management area and projects carried 

12 out within such boundaries under the bridge 

13 program or the interstate maintenance program 

14 under title 23 shall be selected for implementa15 tion from the approved transportation improve16 ment program by the State in cooperation with 

17 the metropolitan planning organization des18 ignated for the area. 

19 ‘‘(5) CERTIFICATION.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall— 

21 ‘‘(i) ensure that the metropolitan 

22 planning process of a metropolitan plan23 ning organization serving a transportation 

24 management area is being carried out in 

25 accordance with Federal law; and 
38 

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1 ‘‘(ii) subject to subparagraph (B), cer2 tify, not less frequently than once every 4 

3 years in nonattainment and maintenance 

4 areas (as defined under the Clean Air Act) 

5 and not less frequently than once every 5 

6 years in attainment areas (as defined 

7 under such Act), that the requirements of 

8 this paragraph are met with respect to the 

9 metropolitan planning process. 

10 ‘‘(B) REQUIREMENTS FOR CERTIFI11 CATION.—The Secretary may make the certifi12 cation under subparagraph (A) if— 

13 ‘‘(i) the transportation planning proc14 ess complies with the requirements of this 

15 section and all other applicable Federal 

16 law; and 

17 ‘‘(ii) a transportation plan and a 

18 transportation improvement program for 

19 the metropolitan planning area have been 

20 approved by the metropolitan planning or21 ganization and the Governor. 

22 ‘‘(C) PENALTY FOR FAILING TO CER23 TIFY.— 

24 ‘‘(i) WITHHOLDING PROJECT

25 FUNDS.—If the metropolitan planning 
39 

•S 907 PCS 

1 process of a metropolitan planning organi2 zation serving a transportation manage3 ment area is not certified, the Secretary 

4 may withhold any funds otherwise available 

5 to the metropolitan planning area for 

6 projects funded under title 23 and this 

7 chapter. 

8 ‘‘(ii) RESTORATION OF WITHHELD

9 FUNDS.—Any funds withheld under clause 

10 (i) shall be restored to the metropolitan 

11 planning area when the metropolitan plan12 ning process is certified by the Secretary. 

13 ‘‘(D) REVIEW OF CERTIFICATION.—In 

14 making a certification under this paragraph, 

15 the Secretary shall provide for public involve16 ment appropriate to the metropolitan area 

17 under review. 

18 ‘‘(l) ABBREVIATED PLANS FOR CERTAIN AREAS.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 in the case of a metropolitan area not designated as 

21 a transportation management area under this sec22 tion, the Secretary may provide for the development 

23 of an abbreviated transportation plan and transpor24 tation improvement program for the metropolitan 

25 planning area that the Secretary determines is ap-
40 

•S 907 PCS 

1 propriate to achieve the purposes of this section, 

2 after considering the complexity of transportation 

3 problems in the area. 

4 ‘‘(2) NONATTAINMENT AREAS.—The Secretary 

5 may not permit abbreviated plans for a metropolitan 

6 area that is in nonattainment for ozone or carbon 

7 monoxide under the Clean Air Act (42 U.S.C. 7401 

8 et seq.). 

9 ‘‘(m) ADDITIONAL REQUIREMENTS FOR CERTAIN

10 NONATTAINMENT AREAS.— 

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

12 provisions of title 23 or this chapter, Federal funds 

13 may not be advanced for transportation management 

14 areas classified as nonattainment for ozone or car15 bon monoxide pursuant to the Clean Air Act (42 

16 U.S.C. 7401 et seq.) for any highway project that 

17 will result in a significant increase in carrying ca18 pacity for single-occupant vehicles unless the project 

19 is addressed through a congestion management proc20 ess. 

21 ‘‘(2) APPLICABILITY.—This subsection applies 

22 to any nonattainment area within the metropolitan 

23 planning area boundaries determined under sub24 section (d). 
41 

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1 ‘‘(n) LIMITATION ON STATUTORY CONSTRUCTION.— 

2 Nothing in this section shall be construed to confer on 

3 a metropolitan planning organization the authority to im4 pose legal requirements on any transportation facility, 

5 provider, or project that is not eligible under title 23 or 

6 this chapter. 

7 ‘‘(o) AVAILABILITY OF FUNDS.—Funds set aside 

8 under section 104(f) of title 23 or section 5308 of this 

9 title shall be available to carry out this section. 

10 ‘‘(p) CONTINUATION OF CURRENT REVIEW PRAC11 TICE.—Any decision by the Secretary concerning a plan 

12 or program described in this section shall not be consid13 ered to be a Federal action subject to review under the 

14 National Environmental Policy Act of 1969 (42 U.S.C. 

15 4321 et seq.).’’. 

16 SEC. 6. STATEWIDE TRANSPORTATION PLANNING. 

17 Section 5304 is amended to read as follows: 

18 ‘‘§ 5304. Statewide transportation planning 

19 ‘‘(a) GENERAL REQUIREMENTS.— 

20 ‘‘(1) DEVELOPMENT OF PLANS AND PRO21 GRAMS.—To support the policies described in section 

22 5301(a), each State shall develop a statewide trans23 portation plan (referred to in this section as a 

24 ‘‘Plan’’) and a statewide transportation improvement 

25 program (referred to in this section as a ‘‘Pro-
42 

•S 907 PCS 

1 gram’’) for all areas of the State subject to section 

2 5303. 

3 ‘‘(2) CONTENTS.—The Plan and the Program 

4 developed for each State shall provide for the devel5 opment and integrated management and operation 

6 of transportation systems and facilities (including 

7 pedestrian walkways and bicycle transportation fa8 cilities) that will function as an intermodal transpor9 tation system for the State and an integral part of 

10 an intermodal transportation system for the United 

11 States. 

12 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

13 for developing the Plan and the Program shall— 

14 ‘‘(A) provide for the consideration of all 

15 modes of transportation and the policies de16 scribed in section 5301(a); and 

17 ‘‘(B) be continuing, cooperative, and com18 prehensive to the degree appropriate, based on 

19 the complexity of the transportation problems 

20 to be addressed. 

21 ‘‘(b) COORDINATION WITH METROPOLITAN PLAN22 NING; STATE IMPLEMENTATION PLAN.—Each State 

23 shall— 

24 ‘‘(1) coordinate planning under this section 

25 with— 
43 

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1 ‘‘(A) the transportation planning activities 

2 under section 5303 for metropolitan areas of 

3 the State; and 

4 ‘‘(B) other related statewide planning ac5 tivities, including trade and economic develop6 ment and related multistate planning efforts; 

7 and 

8 ‘‘(2) develop the transportation portion of the 

9 State implementation plan, as required by the Clean 

10 Air Act (42 U.S.C. 7401 et seq.). 

11 ‘‘(c) INTERSTATE AGREEMENTS.—States may enter 

12 into agreements or compacts with other States for cooper13 ative efforts and mutual assistance in support of activities 

14 authorized under this section related to interstate areas 

15 and localities in the States and establishing authorities the 

16 States consider desirable for making the agreements and 

17 compacts effective. 

18 ‘‘(d) SCOPE OF PLANNING PROCESS.— 

19 ‘‘(1) IN GENERAL.—Each State shall carry out 

20 a statewide transportation planning process that 

21 provides for the consideration of projects, strategies, 

22 and implementing projects and services that will— 

23 ‘‘(A) support the economic vitality of the 

24 United States, the States, nonmetropolitan 

25 areas, and metropolitan areas, especially by en-
44 

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1 abling global competitiveness, productivity, and 

2 efficiency; 

3 ‘‘(B) increase the safety of the transpor4 tation system for motorized and nonmotorized 

5 users; 

6 ‘‘(C) increase the security of the transpor7 tation system for motorized and nonmotorized 

8 users; 

9 ‘‘(D) increase the accessibility and mobility 

10 of people and freight; 

11 ‘‘(E) protect and enhance the environment 

12 (including the protection of habitat, water qual13 ity, and agricultural and forest land, while 

14 minimizing invasive species), promote energy 

15 conservation, promote consistency between 

16 transportation improvements and State and 

17 local land use planning and economic develop18 ment patterns, and improve the quality of life 

19 (including minimizing adverse health effects 

20 from mobile source air pollution and promoting 

21 the linkage of the transportation and develop22 ment goals of the State); 

23 ‘‘(F) enhance the integration and 

24 connectivity of the transportation system, 
45 

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1 across and between modes throughout the 

2 State, for people and freight; 

3 ‘‘(G) promote efficient system management 

4 and operation; and 

5 ‘‘(H) emphasize the preservation and effi6 cient use of the existing transportation system. 

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. 

12 ‘‘(3) MITIGATION ACTIVITIES.— 

13 ‘‘(A) IN GENERAL.—A transportation plan 

14 under this subsection shall include a discussion 

15 of— 

16 ‘‘(i) types of potential habitat, 

17 hydrological, and environmental mitigation 

18 activities that may assist in compensating 

19 for loss of habitat, wetland, and other envi20 ronmental functions; and 

21 ‘‘(ii) potential areas to carry out these 

22 activities, including a discussion of areas 

23 that may have the greatest potential to re24 store and maintain the habitat types and 
46 

•S 907 PCS 

1 hydrological or environmental functions af2 fected by the plan. 

3 ‘‘(B) CONSULTATION.—The discussion de4 scribed in subparagraph (A) shall be developed 

5 in consultation with Federal and State tribal 

6 wildlife, land management, and regulatory 

7 agencies. 

8 ‘‘(4) FAILURE TO CONSIDER FACTORS.—The 

9 failure to consider any factor described in paragraph 

10 (1) shall not be reviewable by any court under title 

11 23, this title, subchapter II of chapter 5 of title 5, 

12 or chapter 7 of title 5 in any matter affecting a 

13 Plan, a Program, a project or strategy, or the cer14 tification of a planning process. 

15 ‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out 

16 planning under this section, each State shall consider— 

17 ‘‘(1) with respect to nonmetropolitan areas, the 

18 concerns of affected local officials with responsibility 

19 for transportation; 

20 ‘‘(2) the concerns of Indian tribal governments 

21 and Federal land management agencies that have 

22 jurisdiction over land within the boundaries of the 

23 State; and 

24 ‘‘(3) coordination of Plans, Programs, and 

25 planning activities with related planning activities 
47 

•S 907 PCS 

1 being carried out outside of metropolitan planning 

2 areas and between States. 

3 ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 

4 ‘‘(1) DEVELOPMENT.—Each State shall develop 

5 a Plan, with a minimum 20-year forecast period for 

6 all areas of the State, that provides for the develop7 ment and implementation of the intermodal trans8 portation system of the State. 

9 ‘‘(2) CONSULTATION WITH GOVERNMENTS.— 

10 ‘‘(A) METROPOLITAN PLANNING AREAS.— 

11 The Plan shall be developed for each metropoli12 tan planning area in the State in cooperation 

13 with the metropolitan planning organization 

14 designated for the metropolitan planning area 

15 under section 5303. 

16 ‘‘(B) NONMETROPOLITAN AREAS.—With 

17 respect to nonmetropolitan areas, the statewide 

18 transportation plan shall be developed in con19 sultation with affected nonmetropolitan officials 

20 with responsibility for transportation. The con21 sultation process shall not require the review or 

22 approval of the Secretary. 

23 ‘‘(C) INDIAN TRIBAL AREAS.—With respect 

24 to each area of the State under the jurisdiction 

25 of an Indian tribal government, the Plan shall 
48 

•S 907 PCS 

1 be developed in consultation with the tribal gov2 ernment and the Secretary of the Interior. 

3 ‘‘(D) CONSULTATION, COMPARISON, AND

4 CONSIDERATION.— 

5 ‘‘(i) IN GENERAL.—The Plan shall be 

6 developed, as appropriate, in consultation 

7 with State and local agencies responsible 

8 for— 

9 ‘‘(I) land use management; 

10 ‘‘(II) natural resources; 

11 ‘‘(III) environmental protection; 

12 ‘‘(IV) conservation; and 

13 ‘‘(V) historic preservation. 

14 ‘‘(ii) COMPARISON AND CONSIDER15 ATION.—Consultation under clause (i) 

16 shall involve— 

17 ‘‘(I) comparison of transportation 

18 plans to State conservation plans or 

19 maps, if available; 

20 ‘‘(II) comparison of transpor21 tation plans to inventories of natural 

22 or historic resources, if available; or 

23 ‘‘(III) consideration of areas 

24 where wildlife crossing structures may 
49 

•S 907 PCS 

1 be needed to ensure connectivity be2 tween wildlife habitat linkage areas. 

3 ‘‘(3) PARTICIPATION BY INTERESTED PAR4 TIES.—In developing the Plan, the State shall— 

5 ‘‘(A) provide citizens, affected public agen6 cies, representatives of public transportation 

7 employees, freight shippers, private providers of 

8 transportation, representatives of users of pub9 lic transportation, representatives of users of 

10 pedestrian walkways and bicycle transportation 

11 facilities, providers of freight transportation 

12 services, and other interested parties with a 

13 reasonable opportunity to comment on the pro14 posed Plan; and 

15 ‘‘(B) to the maximum extent practicable— 

16 ‘‘(i) hold any public meetings at con17 venient and accessible locations and times; 

18 ‘‘(ii) employ visualization techniques 

19 to describe plans; and 

20 ‘‘(iii) make public information avail21 able in electronically accessible format and 

22 means, such as the World Wide Web. 

23 ‘‘(4) MITIGATION ACTIVITIES.— 

24 ‘‘(A) IN GENERAL.—A Plan shall include a 

25 discussion of— 
50 

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1 ‘‘(i) types of potential habitat, 

2 hydrological, and environmental mitigation 

3 activities that may assist in compensating 

4 for loss of habitat, wetlands, and other en5 vironmental functions; and 

6 ‘‘(ii) potential areas to carry out these 

7 activities, including a discussion of areas 

8 that may have the greatest potential to re9 store and maintain the habitat types and 

10 hydrological or environmental functions af11 fected by the plan. 

12 ‘‘(B) CONSULTATION.—The discussion de13 scribed in subparagraph (A) shall be developed 

14 in consultation with Federal and State tribal 

15 wildlife, land management, and regulatory 

16 agencies. 

17 ‘‘(5) TRANSPORTATION STRATEGIES.—A Plan 

18 shall identify transportation strategies necessary to 

19 efficiently serve the mobility needs of people. 

20 ‘‘(6) FINANCIAL PLAN.—The Plan may include 

21 a financial plan that— 

22 ‘‘(A) demonstrates how the adopted Plan 

23 can be implemented; 
51 

•S 907 PCS 

1 ‘‘(B) indicates resources from public and 

2 private sources that are reasonably expected to 

3 be made available to carry out the Plan; 

4 ‘‘(C) recommends any additional financing 

5 strategies for needed projects and programs; 

6 and 

7 ‘‘(D) may include, for illustrative purposes, 

8 additional projects that would be included in 

9 the adopted Plan if reasonable additional re10 sources beyond those identified in the financial 

11 plan were available. 

12 ‘‘(7) SELECTION OF PROJECTS FROM ILLUS13 TRATIVE LIST.—A State shall not be required to se14 lect any project from the illustrative list of addi15 tional projects described in paragraph (6)(D). 

16 ‘‘(8) EXISTING SYSTEM.—The Plan should in17 clude capital, operations and management strategies, 

18 investments, procedures, and other measures to en19 sure the preservation and most efficient use of the 

20 existing transportation system. 

21 ‘‘(9) PUBLICATION OF LONG-RANGE TRANSPOR22 TATION PLANS.—Each Plan prepared by a State 

23 shall be published or otherwise made available, in24 cluding, to the maximum extent practicable, in elec-
52 

•S 907 PCS 

1 tronically accessible formats and means, such as the 

2 World Wide Web. 

3 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

4 PROGRAM.— 

5 ‘‘(1) DEVELOPMENT.—Each State shall develop 

6 a Program for all areas of the State. 

7 ‘‘(2) CONSULTATION WITH GOVERNMENTS.— 

8 ‘‘(A) METROPOLITAN PLANNING AREAS.— 

9 With respect to each metropolitan planning 

10 area in the State, the Program shall be devel11 oped in cooperation with the metropolitan plan12 ning organization designated for the metropoli13 tan planning area under section 5303. 

14 ‘‘(B) NONMETROPOLITAN AREAS.—With 

15 respect to each nonmetropolitan area in the 

16 State, the Program shall be developed in con17 sultation with affected nonmetropolitan local of18 ficials with responsibility for transportation. 

19 The consultation process shall not require the 

20 review or approval of the Secretary. 

21 ‘‘(C) INDIAN TRIBAL AREAS.—With respect 

22 to each area of the State under the jurisdiction 

23 of an Indian tribal government, the Program 

24 shall be developed in consultation with the trib25 al government and the Secretary of the Interior. 
53 

•S 907 PCS 

1 ‘‘(3) PARTICIPATION BY INTERESTED PAR2 TIES.—In developing the Program, the State shall 

3 provide citizens, affected public agencies, representa4 tives of public transportation employees, freight 

5 shippers, private providers of transportation, pro6 viders of freight transportation services, representa7 tives of users of public transit, representatives of 

8 users of pedestrian walkways and bicycle transpor9 tation facilities, and other interested parties with a 

10 reasonable opportunity to comment on the proposed 

11 Program. 

12 ‘‘(4) INCLUDED PROJECTS.— 

13 ‘‘(A) IN GENERAL.—A Program developed 

14 under this subsection for a State shall include 

15 federally supported surface transportation ex16 penditures within the boundaries of the State. 

17 ‘‘(B) LISTING OF PROJECTS.— 

18 ‘‘(i) IN GENERAL.—The Program 

19 shall cover a minimum of 4 years, identify 

20 projects by year, be fiscally constrained by 

21 year, and be updated not less than once 

22 every 4 years. 

23 ‘‘(ii) PUBLICATION.—An annual list24 ing of projects for which funds have been 

25 obligated in the preceding 4 years in each 
54 

•S 907 PCS 

1 metropolitan planning area shall be pub2 lished or otherwise made available by the 

3 cooperative effort of the State, transit op4 erator, and the metropolitan planning or5 ganization for public review. The listing 

6 shall be consistent with the funding cat7 egories identified in each metropolitan 

8 transportation improvement program. 

9 ‘‘(C) INDIVIDUAL IDENTIFICATION.— 

10 ‘‘(i) REGIONALLY SIGNIFICANT

11 PROJECTS.—Regionally significant projects 

12 proposed for funding under chapter 2 of 

13 title 23 shall be identified individually in 

14 the transportation improvement program. 

15 ‘‘(ii) OTHER PROJECTS.—Projects 

16 proposed for funding under chapter 2 of 

17 title 23 that are not determined to be re18 gionally significant shall be grouped in 1 

19 line item or identified individually. 

20 ‘‘(D) CONSISTENCY WITH STATEWIDE

21 TRANSPORTATION PLAN.—Each project in22 cluded in the list described in subparagraph (B) 

23 shall be— 

24 ‘‘(i) consistent with the Plan devel25 oped under this section for the State; 
55 

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1 ‘‘(ii) identical to the project or phase 

2 of the project as described in each year of 

3 the approved metropolitan transportation 

4 improvement program; and 

5 ‘‘(iii) in conformance with the applica6 ble State air quality implementation plan 

7 developed under the Clean Air Act (42 

8 U.S.C. 7401 et seq.), if the project is car9 ried out in an area designated as non10 attainment for ozone or carbon monoxide 

11 under that Act. 

12 ‘‘(E) REQUIREMENT OF ANTICIPATED

13 FULL FUNDING.—The Program shall not in14 clude a project, or an identified phase of a 

15 project, unless full funding can reasonably be 

16 anticipated to be available for the project within 

17 the time period contemplated for completion of 

18 the project. 

19 ‘‘(F) FINANCIAL PLAN.—The Program 

20 may include a financial plan that— 

21 ‘‘(i) demonstrates how the approved 

22 Program can be implemented; 

23 ‘‘(ii) indicates resources from public 

24 and private sources that are reasonably ex-
56 

•S 907 PCS 

1 pected to be made available to carry out 

2 the Program; 

3 ‘‘(iii) recommends any additional fi4 nancing strategies for needed projects and 

5 programs; and 

6 ‘‘(iv) may include, for illustrative pur7 poses, additional projects that would be in8 cluded in the adopted transportation plan 

9 if reasonable additional resources beyond 

10 those identified in the financial plan were 

11 available. 

12 ‘‘(G) SELECTION OF PROJECTS FROM IL13 LUSTRATIVE LIST.— 

14 ‘‘(i) NO REQUIRED SELECTION.—Not15 withstanding subparagraph (F), a State 

16 shall not be required to select any project 

17 from the illustrative list of additional 

18 projects described in subparagraph (F)(iv). 

19 ‘‘(ii) REQUIRED APPROVAL BY THE

20 SECRETARY.—A State shall not include 

21 any project from the illustrative list of ad22 ditional projects described in subparagraph 

23 (F)(iv) in an approved Program without 

24 the approval of the Secretary. 
57 

•S 907 PCS 

1 ‘‘(H) PRIORITIES.—The Program shall re2 flect the priorities for programming and ex3 penditures of funds, including transportation 

4 and transit enhancement activities, required by 

5 title 23 and this chapter, and transportation 

6 control measures included in the State’s air 

7 quality implementation plan. 

8 ‘‘(5) PROJECT SELECTION FOR AREAS WITH

9 FEWER THAN 50,000 INDIVIDUALS.— 

10 ‘‘(A) IN GENERAL.—Each State, in co11 operation with the affected nonmetropolitan 

12 local officials with responsibility for transpor13 tation, shall select projects to be carried out in 

14 areas with fewer than 50,000 individuals from 

15 the approved Program (excluding projects car16 ried out under the National Highway System, 

17 the bridge program, or the interstate mainte18 nance program under title 23 or sections 5310 

19 and 5311 of this title). 

20 ‘‘(B) CERTAIN PROGRAMS.—Each State, in 

21 consultation with the affected nonmetropolitan 

22 local officials with responsibility for transpor23 tation, shall select, from the approved Program, 

24 projects to be carried out in areas with fewer 

25 than 50,000 individuals under the National 
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1 Highway System, the bridge program, or the 

2 Interstate maintenance program under title 23 

3 or under sections 5310 and 5311 of this title. 

4 ‘‘(6) STATEWIDE TRANSPORTATION IMPROVE5 MENT PROGRAM APPROVAL.—A Program developed 

6 under this subsection shall be reviewed and based on 

7 a current planning finding approved by the Sec8 retary not less frequently than once every 4 years. 

9 ‘‘(7) PLANNING FINDING.—Not less frequently 

10 than once every 4 years, the Secretary shall deter11 mine whether the transportation planning process 

12 through which Plans and Programs are developed 

13 are consistent with this section and section 5303. 

14 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 

15 Notwithstanding any other provision of law, a 

16 project included in the approved Program may be 

17 advanced in place of another project in the program 

18 without the approval of the Secretary. 

19 ‘‘(h) FUNDING.—Funds set aside pursuant to section 

20 104(i) of title 23 and section 5308 of this title shall be 

21 available to carry out this section. 

22 ‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON23 GESTION MANAGEMENT SYSTEMS.—For purposes of this 

24 section and section 5303, State laws, rules, or regulations 

25 pertaining to congestion management systems or pro-
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1 grams may constitute the congestion management system 

2 under section 5303(i)(3) if the Secretary determines that 

3 the State laws, rules, or regulations are consistent with, 

4 and fulfill the intent of, the purposes of section 5303. 

5 ‘‘(j) CONTINUATION OF CURRENT REVIEW PRAC6 TICE.—Any decision by the Secretary under this section, 

7 regarding a metropolitan or statewide transportation plan 

8 or the Program, shall not be considered to be a Federal 

9 action subject to review under the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’. 

11 SEC. 7. TRANSPORTATION MANAGEMENT AREAS. 

12 Section 5305 is repealed. 

13 SEC. 8. PRIVATE ENTERPRISE PARTICIPATION. 

14 Section 5306 is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘5305 of this title’’ and in17 serting ‘‘5308’’; and 

18 (B) by inserting ‘‘, as determined by local 

19 policies, criteria, and decision making,’’ after 

20 ‘‘feasible’’; 

21 (2) in subsection (b) by striking ‘‘5303–5305 of 

22 this title’’ and inserting ‘‘5303, 5304, and 5308’’; 

23 and 

24 (3) by adding at the end the following: 
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1 ‘‘(c) REGULATIONS.—Not later than 1 year after the 

2 date of enactment of the Federal Public Transportation 

3 Act of 2005, the Secretary shall issue regulations describ4 ing how the requirements under this chapter relating to 

5 subsection (a) shall be enforced.’’. 

6 SEC. 9. URBANIZED AREA FORMULA GRANTS. 

7 (a) TECHNICAL AMENDMENTS.—Section 5307 is 

8 amended— 

9 (1) by striking subsections (h), (j) and (k); and 

10 (2) by redesignating subsections (i), (l), (m), 

11 and (n) as subsections (h), (i), (j), and (k), respec12 tively. 

13 (b) DEFINITIONS.—Section 5307(a) is amended— 

14 (1) by amending paragraph (2)(A) to read as 

15 follows: 

16 ‘‘(A) an entity designated, in accordance 

17 with the planning process under sections 5303, 

18 5304, and 5306, by the chief executive officer 

19 of a State, responsible local officials, and pub20 licly owned operators of public transportation, 

21 to receive and apportion amounts under section 

22 5336 that are attributable to transportation 

23 management areas designated under section 

24 5303; or’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(3) SUBRECIPIENT.—The term ‘subrecipient’ 

2 means a State or local governmental authority, a 

3 nonprofit organization, or a private operator of pub4 lic transportation service that may receive a Federal 

5 transit program grant indirectly through a recipient, 

6 rather than directly from the Federal Government.’’. 

7 (c) GENERAL AUTHORITY.—Section 5307(b) is 

8 amended— 

9 (1) by amending paragraph (1) to read as fol10 lows: 

11 ‘‘(1) IN GENERAL.—The Secretary of Transpor12 tation may award grants under this section for— 

13 ‘‘(A) capital projects, including associated 

14 capital maintenance items; 

15 ‘‘(B) planning, including mobility manage16 ment; 

17 ‘‘(C) transit enhancements; 

18 ‘‘(D) operating costs of equipment and fa19 cilities for use in public transportation in an ur20 banized area with a population of less than 

21 200,000; and 

22 ‘‘(E) operating costs of equipment and fa23 cilities for use in public transportation in a por24 tion or portions of an urbanized area with a 
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1 population of at least 200,000, but not more 

2 than 225,000, if— 

3 ‘‘(i) the urbanized area includes parts 

4 of more than 1 State; 

5 ‘‘(ii) the portion of the urbanized area 

6 includes only 1 State; 

7 ‘‘(iii) the population of the portion of 

8 the urbanized area is less than 30,000; and 

9 ‘‘(iv) the grants will not be used to 

10 provide public transportation outside of the 

11 portion of the urbanized area.’’; 

12 (2) by amending paragraph (2) to read as fol13 lows: 

14 ‘‘(2) SPECIAL RULE FOR FISCAL YEARS 2005

15 THROUGH 2007.— 

16 ‘‘(A) INCREASED FLEXIBILITY.—The Sec17 retary may award grants under this section, 

18 from funds made available to carry out this sec19 tion for each of the fiscal years 2005 through 

20 2007, to finance the operating cost of equip21 ment and facilities for use in mass transpor22 tation in an urbanized area with a population of 

23 at least 200,000, as determined by the 2000 de24 cennial census of population if— 
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1 ‘‘(i) the urbanized area had a popu2 lation of less than 200,000, as determined 

3 by the 1990 decennial census of popu4 lation; 

5 ‘‘(ii) a portion of the urbanized area 

6 was a separate urbanized area with a pop7 ulation of less than 200,000, as deter8 mined by the 1990 decennial census of 

9 population; 

10 ‘‘(iii) the area was not designated as 

11 an urbanized area, as determined by the 

12 1990 decennial census of population; or 

13 ‘‘(iv) a portion of the area was not 

14 designated as an urbanized area, as deter15 mined by the 1990 decennial census, and 

16 received assistance under section 5311 in 

17 fiscal year 2002. 

18 ‘‘(B) MAXIMUM AMOUNTS IN FISCAL YEAR

19 2005.—In fiscal year 2005— 

20 ‘‘(i) amounts made available to any 

21 urbanized area under clause (i) or (ii) of 

22 subparagraph (A) shall be not more than 

23 the amount apportioned in fiscal year 2002 

24 to the urbanized area with a population of 
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1 less than 200,000, as determined in the 

2 1990 decennial census of population; 

3 ‘‘(ii) amounts made available to any 

4 urbanized area under subparagraph (A)(iii) 

5 shall be not more than the amount appor6 tioned to the urbanized area under this 

7 section for fiscal year 2003; and 

8 ‘‘(iii) each portion of any area not 

9 designated as an urbanized area, as deter10 mined by the 1990 decennial census, and 

11 eligible to receive funds under subpara12 graph (A)(iv), shall receive an amount of 

13 funds to carry out this section that is not 

14 less than the amount the portion of the 

15 area received under section 5311 for fiscal 

16 year 2002. 

17 ‘‘(C) MAXIMUM AMOUNTS IN FISCAL YEAR

18 2006.—In fiscal year 2006— 

19 ‘‘(i) amounts made available to any 

20 urbanized area under clause (i) or (ii) of 

21 subparagraph (A) shall be not more than 

22 50 percent of the amount apportioned in 

23 fiscal year 2002 to the urbanized area with 

24 a population of less than 200,000, as de-
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1 termined in the 1990 decennial census of 

2 population; 

3 ‘‘(ii) amounts made available to any 

4 urbanized area under subparagraph (A)(iii) 

5 shall be not more than 50 percent of the 

6 amount apportioned to the urbanized area 

7 under this section for fiscal year 2003; and 

8 ‘‘(iii) each portion of any area not 

9 designated as an urbanized area, as deter10 mined by the 1990 decennial census, and 

11 eligible to receive funds under subpara12 graph (A)(iv), shall receive an amount of 

13 funds to carry out this section that is not 

14 less 50 percent of the amount the portion 

15 of the area received under section 5311 for 

16 fiscal year 2002. 

17 ‘‘(D) MAXIMUM AMOUNTS IN FISCAL YEAR

18 2007.—In fiscal year 2007— 

19 ‘‘(i) amounts made available to any 

20 urbanized area under clause (i) or (ii) of 

21 subparagraph (A) shall be not more than 

22 25 percent of the amount apportioned in 

23 fiscal year 2002 to the urbanized area with 

24 a population of less than 200,000, as de-
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1 termined in the 1990 decennial census of 

2 population; 

3 ‘‘(ii) amounts made available to any 

4 urbanized area under subparagraph (A)(iii) 

5 shall be not more than 25 percent of the 

6 amount apportioned to the urbanized area 

7 under this section for fiscal year 2003; and 

8 ‘‘(iii) each portion of any area not 

9 designated as an urbanized area, as deter10 mined by the 1990 decennial census, and 

11 eligible to receive funds under subpara12 graph (A)(iv), shall receive an amount of 

13 funds to carry out this section that is not 

14 less than 25 percent of the amount the 

15 portion of the area received under section 

16 5311 in fiscal year 2002.’’; and 

17 (3) by striking paragraph (4). 

18 (d) GRANT RECIPIENT REQUIREMENTS.—Section 

19 5307(d)(1) is amended— 

20 (1) in subparagraph (A), by inserting ‘‘, includ21 ing safety and security aspects of the program’’ 

22 after ‘‘program’’; 

23 (2) in subparagraph (E), by striking ‘‘section’’ 

24 and all that follows and inserting ‘‘section, the re25 cipient will comply with sections 5323 and 5325;’’; 
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1 (3) in subparagraph (H), by striking ‘‘sections 

2 5301(a) and (d), 5303-5306, and 5310(a)-(d) of this 

3 title’’ and inserting ‘‘subsections (a) and (d) of sec4 tion 5301 and sections 5303 through 5306’’; 

5 (4) in subparagraph (I) by striking ‘‘and’’ at 

6 the end; 

7 (5) in subparagraph (J), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

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

10 ‘‘(K) if located in an urbanized area with 

11 a population of at least 200,000, will expend 

12 not less than 1 percent of the amount the re13 cipient receives each fiscal year under this sec14 tion for transit enhancement activities described 

15 in section 5302(a)(15).’’. 

16 (e) GOVERNMENT’S SHARE OF COSTS.—Section 

17 5307(e) is amended— 

18 (1) by striking the first sentence and inserting 

19 the following: 

20 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

21 project under this section shall cover 80 percent of 

22 the net project cost.’’; 

23 (2) by striking ‘‘A grant for operating ex24 penses’’ and inserting the following: 
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1 ‘‘(2) OPERATING EXPENSES.—A grant for oper2 ating expenses’’; 

3 (3) by striking the fourth sentence and insert4 ing the following: 

5 ‘‘(3) REMAINING COSTS.—The remainder of the 

6 net project cost shall be provided in cash from non7 Federal sources or revenues derived from the sale of 

8 advertising and concessions and amounts received 

9 under a service agreement with a State or local so10 cial service agency or a private social service organi11 zation.’’; and 

12 (4) by adding at the end the following: ‘‘The 

13 prohibitions on the use of funds for matching re14 quirements under section 403(a)(5)(C)(vii) of the 

15 Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) 

16 shall not apply to the remainder.’’. 

17 (f) UNDERTAKING PROJECTS IN ADVANCE.—Section 

18 5307(g) is amended by striking paragraph (4). 

19 (g) RELATIONSHIP TO OTHER LAWS.—Section 

20 5307(k), as redesignated, is amended to read as follows: 

21 ‘‘(k) RELATIONSHIP TO OTHER LAWS.— 

22 ‘‘(1) APPLICABLE PROVISIONS.—Sections 5301, 

23 5302, 5303, 5304, 5306, 5315(c), 5318, 5319, 

24 5323, 5325, 5327, 5329, 5330, 5331, 5332, 5333 
69 

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1 and 5335 apply to this section and to any grant 

2 made under this section. 

3 ‘‘(2) INAPPLICABLE PROVISIONS.— 

4 ‘‘(A) IN GENERAL.—Except as provided 

5 under this section, no other provision of this 

6 chapter applies to this section or to a grant 

7 made under this section. 

8 ‘‘(B) TITLE 5.—The provision of assist9 ance under this chapter shall not be construed 

10 as bringing within the application of chapter 15 

11 of title 5, any nonsupervisory employee of a 

12 public transportation system (or any other 

13 agency or entity performing related functions) 

14 to which such chapter is otherwise inappli15 cable.’’. 

16 SEC. 10. PLANNING PROGRAMS. 

17 (a) IN GENERAL.—Section 5308 is amended to read 

18 as follows: 

19 ‘‘§ 5308. Planning programs 

20 ‘‘(a) GRANTS AUTHORIZED.—Under criteria estab21 lished by the Secretary, the Secretary may award grants 

22 to States, authorities of the States, metropolitan planning 

23 organizations, and local governmental authorities, make 

24 agreements with other departments, agencies, or instru-
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1 mentalities of the Government, or enter into contracts 

2 with private nonprofit or for-profit entities to— 

3 ‘‘(1) develop transportation plans and pro4 grams; 

5 ‘‘(2) plan, engineer, design, and evaluate a pub6 lic transportation project; or 

7 ‘‘(3) conduct technical studies relating to public 

8 transportation, including— 

9 ‘‘(A) studies related to management, plan10 ning, operations, capital requirements, and eco11 nomic feasibility; 

12 ‘‘(B) evaluations of previously financed 

13 projects; 

14 ‘‘(C) peer reviews and exchanges of tech15 nical data, information, assistance, and related 

16 activities in support of planning and environ17 mental analyses among metropolitan planning 

18 organizations and other transportation plan19 ners; and 

20 ‘‘(D) other similar and related activities 

21 preliminary to, and in preparation for, con22 structing, acquiring, or improving the operation 

23 of facilities and equipment. 

24 ‘‘(b) PURPOSE.—To the extent practicable, the Sec25 retary shall ensure that amounts appropriated pursuant 
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1 to section 5338 to carry out this section and sections 

2 5303, 5304, and 5306 are used to support balanced and 

3 comprehensive transportation planning that considers the 

4 relationships among land use and all transportation 

5 modes, without regard to the programmatic source of the 

6 planning amounts. 

7 ‘‘(c) METROPOLITAN PLANNING PROGRAM.— 

8 ‘‘(1) ALLOCATIONS TO STATES.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 allocate 80 percent of the amount made avail11 able under subsection (g)(3)(A) to States to 

12 carry out sections 5303 and 5306 in a ratio 

13 equal to the population in urbanized areas in 

14 each State, divided by the total population in 

15 urbanized areas in all States, as shown by the 

16 latest available decennial census of population. 

17 ‘‘(B) MINIMUM ALLOCATION.—Each State 

18 shall receive not less than 0.5 percent of the 

19 total amount allocated under this paragraph. 

20 ‘‘(2) AVAILABILITY OF FUNDS.—A State receiv21 ing an allocation under paragraph (1) shall promptly 

22 distribute such funds to metropolitan planning orga23 nizations in the State under a formula— 

24 ‘‘(A) developed by the State in cooperation 

25 with the metropolitan planning organizations; 
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1 ‘‘(B) approved by the Secretary of Trans2 portation; 

3 ‘‘(C) that considers population in urban4 ized areas; and 

5 ‘‘(D) that provides an appropriate distribu6 tion for urbanized areas to carry out the coop7 erative processes described in this section. 

8 ‘‘(3) SUPPLEMENTAL ALLOCATIONS.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 allocate 20 percent of the amount made avail11 able under subsection (g)(3)(A) to States to 

12 supplement allocations made under paragraph 

13 (1) for metropolitan planning organizations. 

14 ‘‘(B) ALLOCATION FORMULA.—Amounts 

15 under this paragraph shall be allocated under a 

16 formula that reflects the additional cost of car17 rying out planning, programming, and project 

18 selection responsibilities in complex metropoli19 tan planning areas under sections 5303, 5304, 

20 and 5306. 

21 ‘‘(d) STATE PLANNING AND RESEARCH PROGRAM.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall allo23 cate amounts made available pursuant to subsection 

24 (g)(3)(B) to States for grants and contracts to carry 

25 out sections 5304, 5306, 5315, and 5322 so that 
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1 each State receives an amount equal to the ratio of 

2 the population in urbanized areas in that State, di3 vided by the total population in urbanized areas in 

4 all States, as shown by the latest available decennial 

5 census. 

6 ‘‘(2) MINIMUM ALLOCATION.—Each State shall 

7 receive not less than 0.5 percent of the amount allo8 cated under this subsection. 

9 ‘‘(3) REALLOCATION.—A State may authorize 

10 part of the amount made available under this sub11 section to be used to supplement amounts available 

12 under subsection (c). 

13 ‘‘(e) PLANNING CAPACITY BUILDING PROGRAM.— 

14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es15 tablish a Planning Capacity Building Program (re16 ferred to in this subsection as the ‘‘Program’’) to 

17 support and fund innovative practices and enhance18 ments in transportation planning. 

19 ‘‘(2) PURPOSE.—The purpose of the Program 

20 shall be to promote activities that support and 

21 strengthen the planning processes required under 

22 this section and sections 5303 and 5304. 

23 ‘‘(3) ADMINISTRATION.—The Program shall be 

24 administered by the Federal Transit Administration 
74 

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1 in cooperation with the Federal Highway Adminis2 tration. 

3 ‘‘(4) USE OF FUNDS.— 

4 ‘‘(A) IN GENERAL.—Appropriations au5 thorized under subsection (g)(1) to carry out 

6 this subsection may be used— 

7 ‘‘(i) to provide incentive grants to 

8 States, metropolitan planning organiza9 tions, and public transportation operators; 

10 and 

11 ‘‘(ii) to conduct research, disseminate 

12 information, and provide technical assist13 ance. 

14 ‘‘(B) GRANTS, CONTRACTS, COOPERATIVE

15 AGREEMENTS.—In carrying out the activities 

16 described in subparagraph (A), the Secretary 

17 may— 

18 ‘‘(i) expend appropriated funds di19 rectly; or 

20 ‘‘(ii) award grants to, or enter into 

21 contracts, cooperative agreements, and 

22 other transactions with, a Federal agency, 

23 State agency, local governmental authority, 

24 association, nonprofit or for-profit entity, 

25 or institution of higher education. 
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1 ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—Amounts 

2 made available to carry out subsections (c), (d), and (e) 

3 may not exceed 80 percent of the costs of the activity un4 less the Secretary of Transportation determines that it is 

5 in the interest of the Government not to require State or 

6 local matching funds. 

7 ‘‘(g) ALLOCATION OF FUNDS.—Of the amounts made 

8 available under section 5338(b)(2)(B) for fiscal year 2006 

9 and each fiscal year thereafter to carry out this section— 

10 ‘‘(1) $5,000,000 shall be allocated for the Plan11 ning Capacity Building Program established under 

12 subsection (e); 

13 ‘‘(2) $20,000,000 shall be allocated for grants 

14 under subsection (a)(2) for alternatives analyses re15 quired by section 5309(e)(2)(A); and 

16 ‘‘(3) of the remaining amount— 

17 ‘‘(A) 82.72 percent shall be allocated for 

18 the metropolitan planning program described in 

19 subsection (d); and 

20 ‘‘(B) 17.28 percent shall be allocated to 

21 carry out subsection (b). 

22 ‘‘(h) REALLOCATIONS.—Any amount allocated under 

23 this section that has not been used 3 years after the end 

24 of the fiscal year in which the amount was allocated shall 

25 be reallocated among the States.’’. 
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1 (b) CONFORMING AMENDMENT.—The item relating 

2 to section 5308 in the table of sections for chapter 53 is 

3 amended to read as follows: 

‘‘5308. Planning programs.’’. 

4 SEC. 11. CAPITAL INVESTMENT PROGRAM. 

5 (a) SECTION HEADING.—The section heading of sec6 tion 5309 is amended to read as follows: 

7 ‘‘§ 5309. Capital investment grants’’. 

8 (b) GENERAL AUTHORITY.—Section 5309(a) is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘(1) The Secretary of 

12 Transportation may make grants and loans’’ 

13 and inserting the following: 

14 ‘‘(1) GRANTS AUTHORIZED.—The Secretary 

15 may award grants’’; 

16 (B) in subparagraph (A), by striking ‘‘al17 ternatives analysis related to the development of 

18 systems,’’; 

19 (C) by striking subparagraphs (B), (C), 

20 (D), and (G); 

21 (D) by redesignating subparagraphs (E), 

22 (F), and (H) as subparagraphs (B), (C), and 

23 (D), respectively; 

24 (E) in subparagraph (C), as redesignated, 

25 by striking the semicolon at the end and insert-
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1 ing ‘‘, including programs of bus and bus-re2 lated projects for assistance to subrecipients 

3 which are public agencies, private companies 

4 engaged in public transportation, or private 

5 nonprofit organizations; and’’; and 

6 (F) in subparagraph (D), as redesig7 nated— 

8 (i) by striking ‘‘to support fixed 

9 guideway systems’’; and 

10 (ii) by striking ‘‘dedicated bus and 

11 high occupancy vehicle’’; 

12 (2) by amending paragraph (2) to read as fol13 lows: 

14 ‘‘(2) GRANTEE REQUIREMENTS.— 

15 ‘‘(A) GRANTEE IN URBANIZED AREA.—The 

16 Secretary shall require that any grants awarded 

17 under this section to a recipient or subrecipient 

18 located in an urbanized area shall be subject to 

19 all terms, conditions, requirements, and provi20 sions that the Secretary determines to be nec21 essary or appropriate for the purposes of this 

22 section, including requirements for the disposi23 tion of net increases in the value of real prop24 erty resulting from the project assisted under 

25 this section. 
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1 ‘‘(B) GRANTEE NOT IN URBANIZED

2 AREA.—The Secretary shall require that any 

3 grants awarded under this section to a recipient 

4 or subrecipient not located in an urbanized area 

5 shall be subject to the same terms, conditions, 

6 requirements, and provisions as a recipient or 

7 subrecipient of assistance under section 5311. 

8 ‘‘(C) SUBRECIPIENT.—The Secretary shall 

9 require that any private, nonprofit organization 

10 that is a subrecipient of a grant awarded under 

11 this section shall be subject to the same terms, 

12 conditions, requirements, and provisions as a 

13 subrecipient of assistance under section 5310. 

14 ‘‘(D) STATEWIDE TRANSIT PROVIDER

15 GRANTEES.—A statewide transit provider that 

16 receives a grant under this section shall be sub17 ject to the terms, conditions, requirements, and 

18 provisions of this section or section 5311, con19 sistent with the scope and purpose of the grant 

20 and the location of the project.’’; and 

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

22 ‘‘(3) CERTIFICATION.—An applicant that has 

23 submitted the certifications required under subpara24 graphs (A), (B), (C), and (H) of section 5307(d)(1) 

25 shall be deemed to have provided sufficient informa-
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1 tion upon which the Secretary may make the find2 ings required under this subsection.’’. 

3 (c) DEFINED TERM.—Section 5309(b) is amended to 

4 read as follows: 

5 ‘‘(b) DEFINED TERM.—As used in this section, the 

6 term ‘alternatives analysis’ means a study conducted as 

7 part of the transportation planning process required under 

8 sections 5303 and 5304, which includes— 

9 ‘‘(1) an assessment of a wide range of public 

10 transportation alternatives designed to address a 

11 transportation problem in a corridor or subarea; 

12 ‘‘(2) sufficient information to enable the Sec13 retary to make the findings of project justification 

14 and local financial commitment required under this 

15 section; 

16 ‘‘(3) the selection of a locally preferred alter17 native; and 

18 ‘‘(4) the adoption of the locally preferred alter19 native as part of the long-range transportation plan 

20 required under section 5303.’’. 

21 (d) GRANT REQUIREMENTS.—Section 5309(d) is 

22 amended to read as follows: 

23 ‘‘(d) GRANT REQUIREMENTS.—The Secretary may 

24 not approve a grant for a project under this section unless 

25 the Secretary determines that— 
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1 ‘‘(1) the project is part of an approved trans2 portation plan and program of projects required 

3 under sections 5303, 5304, and 5306; and 

4 ‘‘(2) the applicant has, or will have— 

5 ‘‘(A) the legal, financial, and technical ca6 pacity to carry out the project, including safety 

7 and security aspects of the project; 

8 ‘‘(B) satisfactory continuing control over 

9 the use of the equipment or facilities; and 

10 ‘‘(C) the capability and willingness to 

11 maintain the equipment or facilities.’’. 

12 (e) MAJOR CAPITAL INVESTMENT PROJECTS OF

13 $75,000,000 OR MORE.—Section 5309(e) is amended to 

14 read as follows: 

15 ‘‘(e) MAJOR CAPITAL INVESTMENT PROJECTS OF

16 $75,000,000 OR MORE.— 

17 ‘‘(1) FULL FUNDING GRANT AGREEMENT.—The 

18 Secretary shall enter into a full funding grant agree19 ment, based on the evaluations and ratings required 

20 under this subsection, with each grantee receiving 

21 not less than $75,000,000 under this subsection for 

22 a new fixed guideway capital project that— 

23 ‘‘(A) is authorized for final design and 

24 construction; and 
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1 ‘‘(B) has been rated as medium, medium2 high, or high, in accordance with paragraph 

3 (5)(B). 

4 ‘‘(2) DETERMINATIONS.—The Secretary may 

5 not award a grant under this subsection for a new 

6 fixed guideway capital project unless the Secretary 

7 determines that the proposed project is— 

8 ‘‘(A) based on the results of an alter9 natives analysis and preliminary engineering; 

10 ‘‘(B) justified based on a comprehensive 

11 review of its mobility improvements, environ12 mental benefits, cost-effectiveness, operating ef13 ficiencies, economic development effects, and 

14 public transportation supportive land use pat15 terns and policies; and 

16 ‘‘(C) supported by an acceptable degree of 

17 local financial commitment, including evidence 

18 of stable and dependable financing sources to 

19 construct the project, and maintain and operate 

20 the entire public transportation system, while 

21 ensuring that the extent and quality of existing 

22 public transportation services are not degraded. 

23 ‘‘(3) EVALUATION OF PROJECT JUSTIFICA24 TION.—In making the determinations under para-
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1 graph (2)(B) for a major capital investment grant, 

2 the Secretary shall analyze, evaluate, and consider— 

3 ‘‘(A) the results of the alternatives analysis 

4 and preliminary engineering for the proposed 

5 project; 

6 ‘‘(B) the reliability of the forecasts of costs 

7 and utilization made by the recipient and the 

8 contractors to the recipient; 

9 ‘‘(C) the direct and indirect costs of rel10 evant alternatives; 

11 ‘‘(D) factors such as— 

12 ‘‘(i) congestion relief; 

13 ‘‘(ii) improved mobility; 

14 ‘‘(iii) air pollution; 

15 ‘‘(iv) noise pollution; 

16 ‘‘(v) energy consumption; and 

17 ‘‘(vi) all associated ancillary and miti18 gation costs necessary to carry out each al19 ternative analyzed; 

20 ‘‘(E) reductions in local infrastructure 

21 costs achieved through compact land use devel22 opment and positive impacts on the capacity, 

23 utilization, or longevity of other surface trans24 portation assets and facilities; 

25 ‘‘(F) the cost of suburban sprawl; 
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1 ‘‘(G) the degree to which the project in2 creases the mobility of the public transportation 

3 dependent population or promotes economic de4 velopment; 

5 ‘‘(H) population density and current tran6 sit ridership in the transportation corridor; 

7 ‘‘(I) the technical capability of the grant 

8 recipient to construct the project; 

9 ‘‘(J) any adjustment to the project jus10 tification necessary to reflect differences in local 

11 land, construction, and operating costs; and 

12 ‘‘(K) other factors that the Secretary de13 termines to be appropriate to carry out this 

14 chapter. 

15 ‘‘(4) EVALUATION OF LOCAL FINANCIAL COM16 MITMENT.— 

17 ‘‘(A) IN GENERAL.—In evaluating a 

18 project under paragraph (2)(C), the Secretary 

19 shall require that— 

20 ‘‘(i) the proposed project plan pro21 vides for the availability of contingency 

22 amounts that the Secretary determines to 

23 be reasonable to cover unanticipated cost 

24 increases; 
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1 ‘‘(ii) each proposed local source of 

2 capital and operating financing is stable, 

3 reliable, and available within the proposed 

4 project timetable; and 

5 ‘‘(iii) local resources are available to 

6 recapitalize and operate the overall pro7 posed public transportation system, includ8 ing essential feeder bus and other services 

9 necessary to achieve the projected ridership 

10 levels, while ensuring that the extent and 

11 quality of existing public transportation 

12 services are not degraded. 

13 ‘‘(B) EVALUATION CRITERIA.—In assess14 ing the stability, reliability, and availability of 

15 proposed sources of local financing under para16 graph (2)(C), the Secretary shall consider— 

17 ‘‘(i) the reliability of the forecasts of 

18 costs and utilization made by the recipient 

19 and the contractors to the recipient; 

20 ‘‘(ii) existing grant commitments; 

21 ‘‘(iii) the degree to which financing 

22 sources are dedicated to the proposed pur23 poses; 

24 ‘‘(iv) any debt obligation that exists, 

25 or is proposed by the recipient, for the pro-
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1 posed project or other public transpor2 tation purpose; and 

3 ‘‘(v) the extent to which the project 

4 has a local financial commitment that ex5 ceeds the required non-Federal share of 

6 the cost of the project, provided that if the 

7 Secretary gives priority to financing 

8 projects that include more than the non9 Federal share required under subsection 

10 (h), the Secretary shall give equal consider11 ation to differences in the fiscal capacity of 

12 State and local governments. 

13 ‘‘(5) PROJECT ADVANCEMENT AND RATINGS.— 

14 ‘‘(A) PROJECT ADVANCEMENT.—A pro15 posed project under this subsection shall not 

16 advance from alternatives analysis to prelimi17 nary engineering or from preliminary engineer18 ing to final design and construction unless the 

19 Secretary determines that the project meets the 

20 requirements of this section and there is a rea21 sonable likelihood that the project will continue 

22 to meet such requirements. 

23 ‘‘(B) RATINGS.—In making a determina24 tion under subparagraph (A), the Secretary 

25 shall evaluate and rate the project on a 5-point 
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1 scale (high, medium-high, medium, medium-low, 

2 or low) based on the results of the alternatives 

3 analysis, the project justification criteria, and 

4 the degree of local financial commitment, as re5 quired under this subsection. In rating the 

6 projects, the Secretary shall provide, in addition 

7 to the overall project rating, individual ratings 

8 for each of the criteria established by regula9 tion. 

10 ‘‘(6) APPLICABILITY.—This subsection shall not 

11 apply to projects for which the Secretary has issued 

12 a letter of intent or entered into a full funding grant 

13 agreement before the date of enactment of the Fed14 eral Public Transportation Act of 2005. 

15 ‘‘(7) RULEMAKING.—Not later than 240 days 

16 after the date of enactment of the Federal Public 

17 Transportation Act of 2005, the Secretary shall 

18 issue regulations on the manner by which the Sec19 retary shall evaluate and rate projects based on the 

20 results of alternatives analysis, project justification, 

21 and local financial commitment, in accordance with 

22 this subsection. 

23 ‘‘(8) POLICY GUIDANCE.— 
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1 ‘‘(A) PUBLICATION.—The Secretary shall 

2 publish policy guidance regarding the new 

3 starts project review and evaluation process— 

4 ‘‘(i) not later than 120 days after the 

5 date of enactment of the Federal Public 

6 Transportation Act of 2005; and 

7 ‘‘(ii) each time significant changes are 

8 made by the Secretary to the new starts 

9 project review and evaluation process and 

10 criteria, but not less frequently than once 

11 every 2 years. 

12 ‘‘(B) PUBLIC COMMENT AND RESPONSE.— 

13 The Secretary shall— 

14 ‘‘(i) invite public comment to the pol15 icy guidance published under subparagraph 

16 (A); and 

17 ‘‘(ii) publish a response to the com18 ments received under clause (i).’’. 

19 (f) MAJOR CAPITAL INVESTMENT PROJECTS OF

20 LESS THAN $75,000,000.— Section 5309(f) is amended 

21 to read as follows: 

22 ‘‘(f) MAJOR CAPITAL INVESTMENT PROJECTS OF

23 LESS THAN $75,000,000.— 

24 ‘‘(1) PROJECT CONSTRUCTION GRANT AGREE25 MENT.— 
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 enter into a project construction grant agree3 ment, based on evaluations and ratings required 

4 under this subsection, with each grantee receiv5 ing less than $75,000,000 under this subsection 

6 for a new fixed guideway or corridor improve7 ment capital project that— 

8 ‘‘(i) is authorized by law; and 

9 ‘‘(ii) has been rated as medium, me10 dium-high, or high, in accordance with 

11 paragraph (3)(B). 

12 ‘‘(B) CONTENTS.— 

13 ‘‘(i) IN GENERAL.—An agreement 

14 under this paragraph shall specify— 

15 ‘‘(I) the scope of the project to be 

16 constructed; 

17 ‘‘(II) the estimated net cost of 

18 the project; 

19 ‘‘(III) the schedule under which 

20 the project shall be constructed; 

21 ‘‘(IV) the maximum amount of 

22 funding to be obtained under this sub23 section; 
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1 ‘‘(V) the proposed schedule for 

2 obligation of future Federal grants; 

3 and 

4 ‘‘(VI) the sources of non-Federal 

5 funding. 

6 ‘‘(ii) ADDITIONAL FUNDING.—The 

7 agreement may include a commitment on 

8 the part of the Secretary to provide fund9 ing for the project in future fiscal years. 

10 ‘‘(C) FULL FUNDING GRANT AGREE11 MENT.—An agreement under this paragraph 

12 shall be considered a full funding grant agree13 ment for the purposes of subsection (g). 

14 ‘‘(2) SELECTION PROCESS.— 

15 ‘‘(A) SELECTION CRITERIA.—The Sec16 retary may not award a grant under this sub17 section for a proposed project unless the Sec18 retary determines that the project is— 

19 ‘‘(i) based on the results of planning 

20 and alternatives analysis; 

21 ‘‘(ii) justified based on a review of its 

22 public transportation supportive land use 

23 policies, cost effectiveness, and effect on 

24 local economic development; and 
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1 ‘‘(iii) supported by an acceptable de2 gree of local financial commitment. 

3 ‘‘(B) PLANNING AND ALTERNATIVES.—In 

4 evaluating a project under subparagraph (A)(i), 

5 the Secretary shall analyze and consider the re6 sults of planning and alternatives analysis for 

7 the project. 

8 ‘‘(C) PROJECT JUSTIFICATION.—In mak9 ing the determinations under subparagraph 

10 (A)(ii), the Secretary shall— 

11 ‘‘(i) determine the degree to which 

12 local land use policies are supportive of the 

13 public transportation project and the de14 gree to which the project is likely to 

15 achieve local developmental goals; 

16 ‘‘(ii) determine the cost effectiveness 

17 of the project at the time of the initiation 

18 of revenue service; 

19 ‘‘(iii) determine the degree to which 

20 the project will have a positive effect on 

21 local economic development; 

22 ‘‘(iv) consider the reliability of the 

23 forecasts of costs and ridership associated 

24 with the project; and 
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1 ‘‘(v) consider other factors that the 

2 Secretary determines to be appropriate to 

3 carry out this subsection. 

4 ‘‘(D) LOCAL FINANCIAL COMMITMENT.— 

5 For purposes of subparagraph (A)(iii), the Sec6 retary shall require that each proposed local 

7 source of capital and operating financing is sta8 ble, reliable, and available within the proposed 

9 project timetable. 

10 ‘‘(3) ADVANCEMENT OF PROJECT TO DEVELOP11 MENT AND CONSTRUCTION.— 

12 ‘‘(A) IN GENERAL.—A proposed project 

13 under this subsection may not advance from the 

14 planning and alternatives analysis stage to 

15 project development and construction unless— 

16 ‘‘(i) the Secretary finds that the 

17 project meets the requirements of this sub18 section and there is a reasonable likelihood 

19 that the project will continue to meet such 

20 requirements; and 

21 ‘‘(ii) the metropolitan planning orga22 nization has adopted the locally preferred 

23 alternative for the project into the long24 range transportation plan. 
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1 ‘‘(B) EVALUATION.—In making the find2 ings under subparagraph (A), the Secretary 

3 shall evaluate and rate the project as high, me4 dium-high, medium, medium-low, or low, based 

5 on the results of the analysis of the project jus6 tification criteria and the degree of local finan7 cial commitment, as required under this sub8 section. 

9 ‘‘(4) IMPACT REPORT.— 

10 ‘‘(A) IN GENERAL.—Not later than 240 

11 days after the date of enactment of the Federal 

12 Public Transportation Act of 2005, the Federal 

13 Transit Administration shall submit a report on 

14 the methodology to be used in evaluating the 

15 land use and economic development impacts of 

16 non-fixed guideway or partial fixed guideway 

17 projects to— 

18 ‘‘(i) the Committee on Banking, 

19 Housing, and Urban Affairs of the Senate; 

20 and 

21 ‘‘(ii) the Committee on Transportation 

22 and Infrastructure of the House of Rep23 resentatives. 

24 ‘‘(B) CONTENTS.—The report submitted 

25 under subparagraph (A) shall address any qual-
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1 itative and quantitative differences between 

2 fixed guideway and non-fixed guideway projects 

3 with respect to land use and economic develop4 ment impacts. 

5 ‘‘(5) REGULATIONS.—Not later than 120 days 

6 after the date of enactment of the Federal Public 

7 Transportation Act of 2005, the Secretary shall 

8 issue regulations establishing an evaluation and rat9 ing process for proposed projects under this sub10 section that is based on the results of project jus11 tification and local financial commitment, as re12 quired under this subsection.’’. 

13 (g) FULL FUNDING GRANT AGREEMENTS.—Section 

14 5309(g)(2) is amended by adding at the end the following: 

15 ‘‘(C) BEFORE AND AFTER STUDY.— 

16 ‘‘(i) IN GENERAL.—Each full funding grant 

17 agreement shall require the applicant to conduct a 

18 study that— 

19 ‘‘(I) describes and analyzes the impacts of 

20 the new start project on transit services and 

21 transit ridership; 

22 ‘‘(II) evaluates the consistency of predicted 

23 and actual project characteristics and perform24 ance; and 
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1 ‘‘(III) identifies sources of differences be2 tween predicted and actual outcomes. 

3 ‘‘(ii) INFORMATION COLLECTION AND ANALYSIS

4 PLAN.— 

5 ‘‘(I) SUBMISSION OF PLAN.—Applicants 

6 seeking a full funding grant agreement shall 

7 submit a complete plan for the collection and 

8 analysis of information to identify the impacts 

9 of the new start project and the accuracy of the 

10 forecasts prepared during the development of 

11 the project. Preparation of this plan shall be in12 cluded in the full funding grant agreement as 

13 an eligible activity. 

14 ‘‘(II) CONTENTS OF PLAN.—The plan sub15 mitted under subclause (I) shall provide for— 

16 ‘‘(aa) the collection of data on the 

17 current transit system regarding transit 

18 service levels and ridership patterns, in19 cluding origins and destinations, access 

20 modes, trip purposes, and rider character21 istics; 

22 ‘‘(bb) documentation of the predicted 

23 scope, service levels, capital costs, oper24 ating costs, and ridership of the project; 
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1 ‘‘(cc) collection of data on the transit 

2 system 2 years after the opening of the 

3 new start project, including analogous in4 formation on transit service levels and rid5 ership patterns and information on the as6 built scope and capital costs of the new 

7 start project; and 

8 ‘‘(dd) analysis of the consistency of 

9 predicted project characteristics with the 

10 after data. 

11 ‘‘(D) COLLECTION OF DATA ON CURRENT SYSTEM.— 

12 To be eligible for a full funding grant agreement, recipi13 ents shall have collected data on the current system, ac14 cording to the plan required, before the beginning of con15 struction of the proposed new start project. Collection of 

16 this data shall be included in the full funding grant agree17 ment as an eligible activity. 

18 ‘‘(E) PUBLIC PRIVATE PARTNERSHIP PILOT PRO19 GRAM.— 

20 ‘‘(i) AUTHORIZATION.—The Secretary may es21 tablish a pilot program to demonstrate the advan22 tages of public-private partnerships for certain fixed 

23 guideway systems development projects. 

24 ‘‘(ii) IDENTIFICATION OF QUALIFIED

25 PROJECTS.—The Secretary shall identify qualified 
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1 public-private partnership projects as permitted by 

2 applicable State and local enabling laws and work 

3 with project sponsors to enhance project delivery and 

4 reduce overall costs.’’. 

5 (h) GOVERNMENT SHARE OF NET PROJECT COST.— 

6 Section 5309(h) is amended to read as follows: 

7 ‘‘(h) GOVERNMENT SHARE OF ADJUSTED NET

8 PROJECT COST.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall esti10 mate the net project cost based on engineering stud11 ies, studies of economic feasibility, and information 

12 on the expected use of equipment or facilities. 

13 ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER

14 BUDGET.—The Secretary may adjust the final net 

15 project cost of a major capital investment project 

16 evaluated under subsections (e) and (f) to include 

17 the cost of eligible activities not included in the 

18 originally defined project if the Secretary determines 

19 that the originally defined project has been com20 pleted at a cost that is significantly below the origi21 nal estimate. 

22 ‘‘(3) MAXIMUM GOVERNMENT SHARE.— 

23 ‘‘(A) IN GENERAL.—A grant for the 

24 project shall be for 80 percent of the net project 

25 cost, or the net project cost as adjusted under 
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1 paragraph (2), unless the grant recipient re2 quests a lower grant percentage. 

3 ‘‘(B) EXCEPTIONS.—The Secretary may 

4 provide a higher grant percentage than re5 quested by the grant recipient if— 

6 ‘‘(i) the Secretary determines that the 

7 net project cost of the project is not more 

8 than 10 percent higher than the net 

9 project cost estimated at the time the 

10 project was approved for advancement into 

11 preliminary engineering; and 

12 ‘‘(ii) the ridership estimated for the 

13 project is not less than 90 percent of the 

14 ridership estimated for the project at the 

15 time the project was approved for advance16 ment into preliminary engineering. 

17 ‘‘(4) OTHER SOURCES.—The costs not funded 

18 by a grant under this section may be funded from— 

19 ‘‘(A) an undistributed cash surplus; 

20 ‘‘(B) a replacement or depreciation cash 

21 fund or reserve; or 

22 ‘‘(C) new capital, including any Federal 

23 funds that are eligible to be expended for trans24 portation. 
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1 ‘‘(5) PLANNED EXTENSION TO FIXED GUIDE2 WAY SYSTEM.—In addition to amounts allowed 

3 under paragraph (1), a planned extension to a fixed 

4 guideway system may include the cost of rolling 

5 stock previously purchased if the Secretary deter6 mines that only non-Federal funds were used and 

7 that the purchase was made for use on the exten8 sion. A refund or reduction of the costs not funded 

9 by a grant under this section may be made only if 

10 a refund of a proportional amount of the grant is 

11 made at the same time. 

12 ‘‘(6) EXCEPTION.—The prohibitions on the use 

13 of funds for matching requirements under section 

14 403(a)(5)(C)(vii) of the Social Security Act (42 

15 U.S.C. 603(a)(5)(C)(vii)) shall not apply to amounts 

16 allowed under paragraph (4).’’. 

17 (i) LOAN PROVISIONS AND FISCAL CAPACITY CON18 SIDERATIONS.—Section 5309 is amended— 

19 (1) by striking subsections (i), (j), (k), and (l); 

20 (2) by redesignating subsections (m) and (n) as 

21 subsections (i) and (j), respectively; 

22 (3) by striking subsection (o) (as added by sec23 tion 3009(i) of the Federal Transit Act of 1998); 

24 and 
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1 (4) by redesignating subsections (o) and (p) as 

2 subsections (k) and (l), respectively. 

3 (j) ALLOCATING AMOUNTS.—Section 5309(i), as re4 designated, is amended to read as follows: 

5 ‘‘(i) ALLOCATING AMOUNTS.— 

6 ‘‘(1) FISCAL YEAR 2005.—Of the amounts made 

7 available or appropriated for fiscal year 2005 under 

8 section 5338(a)(3)— 

9 ‘‘(A) $1,437,829,600 shall be allocated for 

10 projects of not less than $75,000,000 for major 

11 capital projects for new fixed guideway systems 

12 and extensions of such systems under sub13 section (e) and projects for new fixed guideway 

14 or corridor improvement capital projects under 

15 subsection (f); 

16 ‘‘(B) $1,204,684,800 shall be allocated for 

17 capital projects for fixed guideway moderniza18 tion; and 

19 ‘‘(C) $669,600,000 shall be allocated for 

20 capital projects for buses and bus-related equip21 ment and facilities. 

22 ‘‘(2) IN GENERAL.—Of the amounts made 

23 available or appropriated for fiscal year 2006 and 

24 each fiscal year thereafter for grants under this sec-
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1 tion pursuant to subsections (b)(4) and (c) of sec2 tion 5338— 

3 ‘‘(A) the amounts appropriated under sec4 tion 5338(c) shall be allocated for major capital 

5 projects for— 

6 ‘‘(i) new fixed guideway systems and 

7 extensions of not less than $75,000,000, in 

8 accordance with subsection (e); and 

9 ‘‘(ii) projects for new fixed guideway 

10 or corridor improvement capital projects, 

11 in accordance with subsection (f); and 

12 ‘‘(B) the amounts made available under 

13 section 5338(b)(4) shall be allocated for capital 

14 projects for buses and bus-related equipment 

15 and facilities. 

16 ‘‘(3) FIXED GUIDEWAY MODERNIZATION.—The 

17 amounts made available for fixed guideway mod18 ernization under section 5338(b)(2)(K) for fiscal 

19 year 2006 and each fiscal year thereafter shall be al20 located in accordance with section 5337. 

21 ‘‘(4) PRELIMINARY ENGINEERING.—Not more 

22 that 8 percent of the allocation described in para23 graphs (1)(A) and (2)(A) may be expended on pre24 liminary engineering. 
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1 ‘‘(5) FUNDING FOR FERRY BOATS.—Of the 

2 amounts described in paragraphs (1)(A) and (2)(A), 

3 $10,400,000 shall be available in each of the fiscal 

4 years 2005 through 2009 for capital projects in 

5 Alaska and Hawaii for new fixed guideway systems 

6 and extension projects utilizing ferry boats, ferry 

7 boat terminals, or approaches to ferry boat termi8 nals. 

9 ‘‘(6) BUS AND BUS FACILITY GRANTS.— 

10 ‘‘(A) CONSIDERATIONS.—In making grants 

11 under paragraphs (1)(C) and (2)(B), the Sec12 retary shall consider the age and condition of 

13 buses, bus fleets, related equipment, and bus-re14 lated facilities. 

15 ‘‘(B) PROJECTS NOT IN URBANIZED

16 AREAS.—Of the amounts made available under 

17 paragraphs (1)(C) and (2)(B), not less than 5.5 

18 percent shall be available in each fiscal year for 

19 projects that are not in urbanized areas. 

20 ‘‘(C) INTERMODAL TERMINALS.—Of the 

21 amounts made available under paragraphs 

22 (1)(C) and (2)(B), not less than $75,000,000 

23 shall be available in each fiscal year for inter24 modal terminal projects, including the intercity 

25 bus portion of such projects.’’. 
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1 (k) REPORTS.—Section 5309 is amended by inserting 

2 at the end the following: 

3 ‘‘(m) REPORTS.— 

4 ‘‘(1) ANNUAL REPORT ON FUNDING REC5 OMMENDATIONS.— 

6 ‘‘(A) IN GENERAL.—Not later than the 

7 first Monday of February of each year, the Sec8 retary shall submit a report on funding rec9 ommendations to— 

10 ‘‘(i) the Committee on Transportation 

11 and Infrastructure of the House of Rep12 resentatives; 

13 ‘‘(ii) the Committee on Banking, 

14 Housing, and Urban Affairs of the Senate; 

15 ‘‘(iii) the Subcommittee on the De16 partments of Transportation, Treasury, 

17 Housing and Urban Development, The Ju18 diciary, District of Columbia, and Inde19 pendent Agencies of the Committee on Ap20 propriations of the House of Representa21 tives; and 

22 ‘‘(iv) the Subcommittee on Transpor23 tation, Treasury, and General Government 

24 of the Committee on Appropriations of the 

25 Senate. 
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1 ‘‘(B) CONTENTS.—The report submitted 

2 under subparagraph (A) shall contain— 

3 ‘‘(i) a proposal on the allocation of 

4 amounts to finance grants for capital in5 vestment projects among grant applicants; 

6 ‘‘(ii) a recommendation of projects to 

7 be funded based on— 

8 ‘‘(I) the evaluations and ratings 

9 determined under subsection (e) and 

10 (f); and 

11 ‘‘(II) existing commitments and 

12 anticipated funding levels for the sub13 sequent 3 fiscal years; and 

14 ‘‘(iii) detailed ratings and evaluations 

15 on each project recommended for funding. 

16 ‘‘(2) TRIANNUAL REPORTS ON PROJECT RAT17 INGS.— 

18 ‘‘(A) IN GENERAL.—Not later than the 

19 first Monday of February, the first Monday of 

20 June, and the first Monday of October of each 

21 year, the Secretary shall submit a report on 

22 project ratings to— 

23 ‘‘(i) the Committee on Transportation 

24 and Infrastructure of the House of Rep25 resentatives; 
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1 ‘‘(ii) the Committee on Banking, 

2 Housing, and Urban Affairs of the Senate; 

3 ‘‘(iii) the Subcommittee on the De4 partments of Transportation, Treasury, 

5 Housing and Urban Development, The Ju6 diciary, District of Columbia, and Inde7 pendent Agencies of the Committee on Ap8 propriations of the House of Representa9 tives; and 

10 ‘‘(iv) the Subcommittee on Transpor11 tation, Treasury, and General Government 

12 of the Committee on Appropriations of the 

13 Senate. 

14 ‘‘(B) CONTENTS.—Each report submitted 

15 under subparagraph (A) shall contain— 

16 ‘‘(i) a summary of the ratings of all 

17 capital investment projects for which fund18 ing was requested under this section; 

19 ‘‘(ii) detailed ratings and evaluations 

20 on the project of each applicant that had 

21 significant changes to the finance or 

22 project proposal or has completed alter23 natives analysis or preliminary engineering 

24 since the date of the latest report; and 
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1 ‘‘(iii) all relevant information sup2 porting the evaluation and rating of each 

3 updated project, including a summary of 

4 the financial plan of each updated project. 

5 ‘‘(3) BEFORE AND AFTER STUDY REPORTS.— 

6 Not later than the first Monday of August of each 

7 year, the Secretary shall submit a report containing 

8 a summary of the results of the studies conducted 

9 under subsection (g)(2) to— 

10 ‘‘(A) the Committee on Transportation and 

11 Infrastructure of the House of Representatives; 

12 ‘‘(B) the Committee on Banking, Housing, 

13 and Urban Affairs of the Senate; 

14 ‘‘(C) the Subcommittee on the Depart15 ments of Transportation, Treasury, Housing 

16 and Urban Development, The Judiciary, Dis17 trict of Columbia, and Independent Agencies of 

18 the Committee on Appropriations of the House 

19 of Representatives; and 

20 ‘‘(D) the Subcommittee on Transportation, 

21 Treasury, and General Government of the Com22 mittee on Appropriations of the Senate. 

23 ‘‘(4) CONTRACTOR PERFORMANCE ASSESSMENT

24 REPORT.— 
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1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the enactment of the Federal Public 

3 Transportation Act of 2005, and each year 

4 thereafter, the Secretary shall submit a report 

5 analyzing the consistency and accuracy of cost 

6 and ridership estimates made by each con7 tractor to public transportation agencies devel8 oping major investment projects to the commit9 tees and subcommittees listed under paragraph 

10 (3). 

11 ‘‘(B) CONTENTS.—The report submitted 

12 under subparagraph (A) shall compare the cost 

13 and ridership estimates made at the time 

14 projects are approved for entrance into prelimi15 nary engineering with— 

16 ‘‘(i) estimates made at the time 

17 projects are approved for entrance into 

18 final design; 

19 ‘‘(ii) costs and ridership when the 

20 project commences revenue operation; and 

21 ‘‘(iii) costs and ridership when the 

22 project has been in operation for 2 years. 

23 ‘‘(5) ANNUAL GOVERNMENT ACCOUNTABILITY

24 OFFICE REVIEW.— 
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1 ‘‘(A) REVIEW.—The Comptroller General 

2 of the United States shall conduct an annual 

3 review of the processes and procedures for eval4 uating and rating projects and recommending 

5 projects and the Secretary’s implementation of 

6 such processes and procedures. 

7 ‘‘(B) REPORT.—Not later than 90 days 

8 after the submission of each report required 

9 under paragraph (1), the Comptroller General 

10 shall submit a report to Congress that summa11 rizes the results of the review conducted under 

12 subparagraph (A). 

13 ‘‘(6) CONTRACTOR PERFORMANCE INCENTIVE

14 REPORT.—Not later than 180 days after the enact15 ment of the Federal Public Transportation Act of 

16 2005, the Secretary shall submit a report to the 

17 committees and subcommittees listed under para18 graph (3) on the suitability of allowing contractors 

19 to public transportation agencies that undertake 

20 major capital investments under this section to re21 ceive performance incentive awards if a project is 

22 completed for less than the original estimated cost.’’. 

23 (l) RESTRICTIONS ON USE OF BUS CATEGORY

24 FUNDS FOR FIXED GUIDEWAY PROJECTS.—Funds pro25 vided to grantees under the bus and bus facility category 
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1 for fixed guideway ferry and gondola projects in the De2 partment of Transportation and Related Agencies Appro3 priations Acts for any of fiscal years 1998 through 2005, 

4 or accompanying committee reports, that remain available 

5 and unobligated may be used for fixed guideway projects 

6 under this section. 

7 SEC. 12. NEW FREEDOM FOR ELDERLY PERSONS AND PER8 SONS WITH DISABILITIES. 

9 (a) IN GENERAL.—Section 5310 is amended to read 

10 as follows: 

11 ‘‘§ 5310. New freedom for elderly persons and persons 

12 with disabilities 

13 ‘‘(a) GENERAL AUTHORITY.— 

14 ‘‘(1) AUTHORIZATION.—The Secretary may 

15 award grants to a State for capital public transpor16 tation projects that are planned, designed, and car17 ried out to meet the needs of elderly individuals and 

18 individuals with disabilities, with priority given to 

19 the needs of these individuals to access necessary 

20 health care. 

21 ‘‘(2) ACQUISITION OF PUBLIC TRANSPORTATION

22 SERVICES.—A capital public transportation project 

23 under this section may include acquiring public 

24 transportation services as an eligible capital expense. 
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1 ‘‘(3) ADMINISTRATIVE COSTS.—A State may 

2 use not more than 15 percent of the amounts re3 ceived under this section to administer, plan, and 

4 provide technical assistance for a project funded 

5 under this section. 

6 ‘‘(b) ALLOTMENTS AMONG STATES.— 

7 ‘‘(1) IN GENERAL.—From amounts made avail8 able or appropriated in each fiscal year under sub9 sections (a)(1)(C)(iv) and (b)(2)(D) of section 5338 

10 for grants under this section, the Secretary shall 

11 allot amounts to each State under a formula based 

12 on the number of elderly individuals and individuals 

13 with disabilities in each State. 

14 ‘‘(2) TRANSFER OF FUNDS.—Any funds allotted 

15 to a State under paragraph (1) may be transferred 

16 by the State to the apportionments made under sec17 tions 5311(c) and 5336 if such funds are only used 

18 for eligible projects selected under this section. 

19 ‘‘(3) REALLOCATION OF FUNDS.—A State re20 ceiving a grant under this section may reallocate 

21 such grant funds to— 

22 ‘‘(A) a private nonprofit organization; 

23 ‘‘(B) a public transportation agency or au24 thority; or 

25 ‘‘(C) a governmental authority that— 
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1 ‘‘(i) has been approved by the State to 

2 coordinate services for elderly individuals 

3 and individuals with disabilities; 

4 ‘‘(ii) certifies that nonprofit organiza5 tions are not readily available in the area 

6 that can provide the services described 

7 under this subsection; or 

8 ‘‘(iii) will provide services to persons 

9 with disabilities that exceed those services 

10 required by the Americans with Disabilities 

11 Act. 

12 ‘‘(c) GOVERNMENT SHARE.— 

13 ‘‘(1) MAXIMUM.— 

14 ‘‘(A) IN GENERAL.—A grant for a capital 

15 project under this section may not exceed 80 

16 percent of the net capital costs of the project, 

17 as determined by the Secretary. 

18 ‘‘(B) EXCEPTION.—A State described in 

19 section 120(d) of title 23 shall receive an in20 creased Government share in accordance with 

21 the formula under that section. 

22 ‘‘(2) REMAINING COSTS.—The costs of a capital 

23 project under this section that are not funded 

24 through a grant under this section— 
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1 ‘‘(A) may be funded from an undistributed 

2 cash surplus, a replacement or depreciation 

3 cash fund or reserve, a service agreement with 

4 a State or local social service agency or a pri5 vate social service organization, or new capital; 

6 and 

7 ‘‘(B) may be derived from amounts appro8 priated to or made available to any Federal 

9 agency (other than the Department of Trans10 portation, except for Federal Lands Highway 

11 funds) that are eligible to be expended for 

12 transportation. 

13 ‘‘(3) EXCEPTION.—For purposes of paragraph 

14 (2), the prohibitions on the use of funds for match15 ing requirements under section 403(a)(5)(C)(vii) of 

16 the Social Security Act (42 U.S.C. 

17 603(a)(5)(C)(vii)) shall not apply to Federal or 

18 State funds to be used for transportation purposes. 

19 ‘‘(d) GRANT REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—A grant recipient under 

21 this section shall be subject to the requirements of 

22 a grant recipient under section 5307 to the extent 

23 the Secretary determines to be appropriate. 

24 ‘‘(2) CERTIFICATION REQUIREMENTS.— 
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1 ‘‘(A) FUND TRANSFERS.—A grant recipi2 ent under this section that transfers funds to a 

3 project funded under section 5336 in accord4 ance with subsection (b)(2) shall certify that 

5 the project for which the funds are requested 

6 has been coordinated with private nonprofit 

7 providers of services under this section. 

8 ‘‘(B) PROJECT SELECTION AND PLAN DE9 VELOPMENT.—Each grant recipient under this 

10 section shall certify that— 

11 ‘‘(i) the projects selected were derived 

12 from a locally developed, coordinated pub13 lic transit-human services transportation 

14 plan; and 

15 ‘‘(ii) the plan was developed through a 

16 process that included representatives of 

17 public, private, and nonprofit transpor18 tation and human services providers and 

19 participation by the public. 

20 ‘‘(C) ALLOCATIONS TO SUBRECIPIENTS.— 

21 Each grant recipient under this section shall 

22 certify that allocations of the grant to subrecipi23 ents, if any, are distributed on a fair and equi24 table basis. 

25 ‘‘(e) STATE PROGRAM OF PROJECTS.— 
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1 ‘‘(1) SUBMISSION TO SECRETARY.—Each State 

2 shall annually submit a program of transportation 

3 projects to the Secretary for approval with an assur4 ance that the program provides for maximum fea5 sible coordination between transportation services 

6 funded under this section and transportation serv7 ices assisted by other Federal sources. 

8 ‘‘(2) USE OF FUNDS.—Each State may use 

9 amounts made available to carry out this section to 

10 provide transportation services for elderly individuals 

11 and individuals with disabilities if such services are 

12 included in an approved State program of projects. 

13 ‘‘(f) LEASING VEHICLES.—Vehicles acquired under 

14 this section may be leased to local governmental authori15 ties to improve transportation services designed to meet 

16 the needs of elderly individuals and individuals with dis17 abilities. 

18 ‘‘(g) MEAL DELIVERY FOR HOMEBOUND INDIVID19 UALS.—Public transportation service providers receiving 

20 assistance under this section or section 5311(c) may co21 ordinate and assist in regularly providing meal delivery 

22 service for homebound individuals if the delivery service 

23 does not conflict with providing public transportation serv24 ice or reduce service to public transportation passengers. 
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1 ‘‘(h) TRANSFERS OF FACILITIES AND EQUIPMENT.— 

2 With the consent of the recipient in possession of a facility 

3 or equipment acquired with a grant under this section, a 

4 State may transfer the facility or equipment to any recipi5 ent eligible to receive assistance under this chapter if the 

6 facility or equipment will continue to be used as required 

7 under this section. 

8 ‘‘(i) FARES NOT REQUIRED.—This section does not 

9 require that elderly individuals and individuals with dis10 abilities be charged a fare.’’. 

11 (b) CONFORMING AMENDMENT.—The item relating 

12 to section 5310 in the table of sections for chapter 53 is 

13 amended to read as follows: 

‘‘5310. New freedom for elderly persons and persons with disabilities.’’. 

14 SEC. 13. FORMULA GRANTS FOR OTHER THAN URBANIZED 

15 AREAS. 

16 (a) DEFINITIONS.—Section 5311(a) is amended to 

17 read as follows: 

18 ‘‘(a) DEFINITIONS.—As used in this section, the fol19 lowing definitions shall apply: 

20 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

21 State or Indian tribe that receives a Federal transit 

22 program grant directly from the Federal Govern23 ment. 

24 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

25 means a State or local governmental authority, a 
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1 nonprofit organization, or a private operator of pub2 lic transportation or intercity bus service that re3 ceives Federal transit program grant funds indi4 rectly through a recipient.’’. 

5 (b) GENERAL AUTHORITY.—Section 5311(b) is 

6 amended— 

7 (1) by amending paragraph (1) to read as fol8 lows: 

9 ‘‘(1) GRANTS AUTHORIZED.—Except as pro10 vided under paragraph (2), the Secretary may award 

11 grants under this section to recipients located in 

12 areas other than urbanized areas for— 

13 ‘‘(A) public transportation capital projects; 

14 ‘‘(B) operating costs of equipment and fa15 cilities for use in public transportation; and 

16 ‘‘(C) the acquisition of public transpor17 tation services.’’; 

18 (2) by redesignating paragraph (2) as para19 graph (3); 

20 (3) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) STATE PROGRAM.— 

23 ‘‘(A) IN GENERAL.—A project eligible for a 

24 grant under this section shall be included in a 

25 State program for public transportation service 
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1 projects, including agreements with private pro2 viders of public transportation service. 

3 ‘‘(B) SUBMISSION TO SECRETARY.—Each 

4 State shall annually submit the program de5 scribed in subparagraph (A) to the Secretary. 

6 ‘‘(C) APPROVAL.—The Secretary may not 

7 approve the program unless the Secretary de8 termines that— 

9 ‘‘(i) the program provides a fair dis10 tribution of amounts in the State; and 

11 ‘‘(ii) the program provides the max12 imum feasible coordination of public trans13 portation service assisted under this sec14 tion with transportation service assisted by 

15 other Federal sources.’’; 

16 (4) in paragraph (3), as redesignated— 

17 (A) by striking ‘‘(3) The Secretary of 

18 Transportation’’ and inserting the following: 

19 ‘‘(3) RURAL TRANSPORTATION ASSISTANCE

20 PROGRAM.— 

21 ‘‘(A) ESTABLISHMENT.—The Secretary’’; 

22 (B) by striking ‘‘make’’ and inserting ‘‘use 

23 not more than 2 percent of the amount made 

24 available to carry out this section to award’’; 

25 and 
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1 (C) by adding at the end the following: 

2 ‘‘(B) DATA COLLECTION.— 

3 ‘‘(i) REPORT.—Each grantee under 

4 this section shall submit an annual report 

5 to the Secretary containing information on 

6 capital investment, operations, and service 

7 provided with funds received under this 

8 section, including— 

9 ‘‘(I) total annual revenue; 

10 ‘‘(II) sources of revenue; 

11 ‘‘(III) total annual operating 

12 costs; 

13 ‘‘(IV) total annual capital costs; 

14 ‘‘(V) fleet size and type, and re15 lated facilities; 

16 ‘‘(VI) revenue vehicle miles; and 

17 ‘‘(VII) ridership.’’; and 

18 (5) by adding after paragraph (3) the following: 

19 ‘‘(4) Of the amount made available to carry out 

20 paragraph (3)— 

21 ‘‘(A) not more than 15 percent may be 

22 used to carry out projects of a national scope; 

23 and 
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1 ‘‘(B) any amounts not used under sub2 paragraph (A) shall be allocated to the 

3 States.’’. 

4 (c) APPORTIONMENTS.—Section 5311(c) is amended 

5 to read as follows: 

6 ‘‘(c) APPORTIONMENTS.— 

7 ‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RES8 ERVATIONS.—Of the amounts made available or ap9 propriated for each fiscal year pursuant to sub10 sections (a)(1)(C)(v) and (b)(2)(F) of section 5338, 

11 the following amounts shall be apportioned for 

12 grants to Indian tribes for any purpose eligible 

13 under this section, under such terms and conditions 

14 as may be established by the Secretary: 

15 ‘‘(A) $8,000,000 for fiscal year 2006. 

16 ‘‘(B) $10,000,000 for fiscal year 2007. 

17 ‘‘(C) $12,000,000 for fiscal year 2008. 

18 ‘‘(D) $15,000,000 for fiscal year 2009. 

19 ‘‘(2) REMAINING AMOUNTS.—Of the amounts 

20 made available or appropriated for each fiscal year 

21 pursuant to subsections (a)(1)(C)(v) and (b)(2)(F) 

22 of section 5338 that are not apportioned under para23 graph (1)— 

24 ‘‘(A) 20 percent shall be apportioned to the 

25 States in accordance with paragraph (3); and 
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1 ‘‘(B) 80 percent shall be apportioned to 

2 the States in accordance with paragraph (4). 

3 ‘‘(3) APPORTIONMENTS BASED ON LAND AREA

4 IN NONURBANIZED AREAS.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), each State shall receive an amount 

7 that is equal to the amount apportioned under 

8 paragraph (2)(A) multiplied by the ratio of the 

9 land area in areas other than urbanized areas 

10 in that State and divided by the land area in 

11 all areas other than urbanized areas in the 

12 United States, as shown by the most recent de13 cennial census of population. 

14 ‘‘(B) MAXIMUM APPORTIONMENT.—No 

15 State shall receive more than 5 percent of the 

16 amount apportioned under this paragraph. 

17 ‘‘(4) APPORTIONMENTS BASED ON POPULATION

18 IN NONURBANIZED AREAS.—Each State shall receive 

19 an amount equal to the amount apportioned under 

20 paragraph (2)(B) multiplied by the ratio of the pop21 ulation of areas other than urbanized areas in that 

22 State divided by the population of all areas other 

23 than urbanized areas in the United States, as shown 

24 by the most recent decennial census of population.’’. 
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1 (d) USE FOR ADMINISTRATIVE, PLANNING, AND

2 TECHNICAL ASSISTANCE.—Section 5311(e) is amended— 

3 (1) by striking ‘‘AND TECHNICAL ASSIST4 ANCE.—(1) The Secretary of Transportation’’ and 

5 inserting ‘‘, PLANNING, AND TECHNICAL ASSIST6 ANCE.—The Secretary’’; 

7 (2) by striking ‘‘to a recipient’’; and 

8 (3) by striking paragraph (2). 

9 (e) INTERCITY BUS TRANSPORTATION.—Section 

10 5311(f) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘(1)’’ and inserting the fol13 lowing: 

14 ‘‘(1) IN GENERAL.—’’; and 

15 (B) by striking ‘‘after September 30, 

16 1993,’’; and 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘A State’’ and inserting 

19 ‘‘After consultation with affected intercity bus 

20 service providers, a State’’; and 

21 (B) by striking ‘‘of Transportation’’. 

22 (f) GOVERNMENT SHARE OF COSTS.—Section 

23 5311(g) is amended to read as follows: 

24 ‘‘(g) GOVERNMENT SHARE OF COSTS.— 

25 ‘‘(1) MAXIMUM GOVERNMENT SHARE.— 
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1 ‘‘(A) CAPITAL PROJECTS.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided under clause (ii), a grant awarded 

4 under this section for any purpose other 

5 than operating assistance may not exceed 

6 80 percent of the net capital costs of the 

7 project, as determined by the Secretary. 

8 ‘‘(ii) EXCEPTION.—A State described 

9 in section 120(d) of title 23 shall receive a 

10 Government share of the net capital costs 

11 in accordance with the formula under that 

12 section. 

13 ‘‘(B) OPERATING ASSISTANCE.— 

14 ‘‘(i) IN GENERAL.—Except as pro15 vided under clause (ii), a grant made 

16 under this section for operating assistance 

17 may not exceed 50 percent of the net oper18 ating costs of the project, as determined by 

19 the Secretary. 

20 ‘‘(ii) EXCEPTION.—A State described 

21 in section 120(d) of title 23 shall receive a 

22 Government share of the net operating 

23 costs equal to 62.5 percent of the Govern24 ment share provided for under subpara25 graph (A)(ii). 
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1 ‘‘(2) OTHER FUNDING SOURCES.—Funds for a 

2 project under this section that are not provided for 

3 by a grant under this section— 

4 ‘‘(A) may be provided from— 

5 ‘‘(i) an undistributed cash surplus; 

6 ‘‘(ii) a replacement or depreciation 

7 cash fund or reserve; 

8 ‘‘(iii) a service agreement with a State 

9 or local social service agency or a private 

10 social service organization; or 

11 ‘‘(iv) new capital; and 

12 ‘‘(B) may be derived from amounts appro13 priated to or made available to a Government 

14 agency (other than the Department of Trans15 portation, except for Federal Land Highway 

16 funds) that are eligible to be expended for 

17 transportation. 

18 ‘‘(3) USE OF GOVERNMENT GRANT.—A State 

19 carrying out a program of operating assistance 

20 under this section may not limit the level or extent 

21 of use of the Government grant for the payment of 

22 operating expenses. 

23 ‘‘(4) EXCEPTION.—For purposes of paragraph 

24 (2)(B), the prohibitions on the use of funds for 

25 matching requirements under section 
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1 403(a)(5)(c)(vii) of the Social Security Act (42 

2 U.S.C. 603(a)(5)(c)(vii)) shall not apply to Federal 

3 or State funds to be used for transportation pur4 poses.’’. 

5 (g) WAIVER CONDITION.—Section 5311(j)(1) is 

6 amended by striking ‘‘but the Secretary of Labor may 

7 waive the application of section 5333(b)’’ and inserting ‘‘if 

8 the Secretary of Labor utilizes a Special Warranty that 

9 provides a fair and equitable arrangement to protect the 

10 interests of employees’’. 

11 SEC. 14. RESEARCH, DEVELOPMENT, DEMONSTRATION, 

12 AND DEPLOYMENT PROJECTS. 

13 (a) IN GENERAL.—Section 5312 is amended— 

14 (1) by amending subsection (a) to read as fol15 lows: 

16 ‘‘(a) RESEARCH, DEVELOPMENT, AND DEMONSTRA17 TION PROJECTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make 

19 grants, contracts, cooperative agreements, or other 

20 transactions (including agreements with depart21 ments, agencies, and instrumentalities of the United 

22 States Government) for research, development, dem23 onstration or deployment projects, or evaluation of 

24 technology of national significance to public trans25 portation that the Secretary determines will improve 
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1 public transportation service or help public transpor2 tation service meet the total transportation needs at 

3 a minimum cost. 

4 ‘‘(2) INFORMATION.—The Secretary may re5 quest and receive appropriate information from any 

6 source. 

7 ‘‘(3) SAVINGS PROVISION.—This subsection 

8 does not limit the authority of the Secretary under 

9 any other law.’’; 

10 (2) by striking subsections (b) and (c); 

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

12 (b) and (c), respectively. 

13 (4) in subsection (b)(2), as redesignated, by 

14 striking ‘‘other agreements’’ and inserting ‘‘other 

15 transactions’’; and 

16 (5) in subsection (c)(2), as redesignated, by 

17 striking ‘‘public and private’’ and inserting ‘‘public 

18 or private’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) SECTION HEADING.—The heading of section 

21 5312 is amended to read as follows: 
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1 ‘‘§ 5312. Research, development, demonstration, and 

2 deployment projects’’. 

3 (2) TABLE OF SECTIONS.—The item relating to 

4 section 5312 in the table of sections for chapter 53 

5 is amended to read as follows: 

‘‘5312. Research, development, demonstration, and deployment projects.’’. 

6 SEC. 15. TRANSIT COOPERATIVE RESEARCH PROGRAM. 

7 (a) IN GENERAL.—Section 5313 is amended— 

8 (1) by striking subsection (b); 

9 (2) in subsection (a)— 

10 (A) in paragraph (1), by striking ‘‘(1) The 

11 amounts made available under paragraphs (1) 

12 and (2)C)(ii) of section 5338(c) of this title’’ 

13 and inserting ‘‘The amounts made available 

14 under subsections (a)(5)(C)(iii) and (b)(2)(G)(i) 

15 of section 5338’’; and 

16 (B) in paragraph (2), by striking ‘‘(2)’’ 

17 and inserting the following: 

18 ‘‘(b) GOVERNMENT ASSISTANCE.—’’; and 

19 (3) by amending subsection (c) to read as fol20 lows: 

21 ‘‘(c) GOVERNMENT SHARE.—If there would be a 

22 clear and direct financial benefit to an entity under a 

23 grant or contract financed under this section, the Sec24 retary shall establish a Government share consistent with 

25 such benefit.’’. 
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1 (b) CONFORMING AMENDMENTS.— 

2 (1) SECTION HEADING.—The heading of section 

3 5313 is amended to read as follows: 

4 ‘‘§ 5313. Transit cooperative research program’’. 

5 (2) TABLE OF SECTIONS.—The item relating to 

6 section 5313 in the table of sections for chapter 53 

7 is amended to read as follows: 

‘‘5313. Transit cooperative research program.’’. 

8 SEC. 16. NATIONAL RESEARCH PROGRAMS. 

9 (a) IN GENERAL.—Section 5314 is amended— 

10 (1) in subsection (a)— 

11 (A) by amending paragraph (1) to read as 

12 follows: 

13 ‘‘(1) AVAILABILITY OF FUNDS.—The Secretary 

14 may use amounts made available under subsections 

15 (a)(5)(C)(iv) and (b)(2)(G)(iv) of section 5338 for 

16 grants, contracts, cooperative agreements, or other 

17 transactions for the purposes described in sections 

18 5312, 5315, and 5322.’’; 

19 (B) in paragraph (2), by striking ‘‘(2) Of’’ 

20 and inserting the following: 

21 ‘‘(2) ADA COMPLIANCE.—From’’; 

22 (C) by amending paragraph (3) to read as 

23 follows: 

24 ‘‘(3) SPECIAL DEMONSTRATION INITIATIVES.— 

25 The Secretary may use not more than 25 percent of 
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1 the amounts made available under paragraph (1) for 

2 special demonstration initiatives, subject to terms 

3 that the Secretary determines to be consistent with 

4 this chapter. For a nonrenewable grant of not more 

5 than $100,000, the Secretary shall provide expedited 

6 procedures for complying with the requirements of 

7 this chapter.’’; 

8 (D) in paragraph (4)— 

9 (i) by striking subparagraph (B); and 

10 (ii) by redesignating subparagraph 

11 (C) as subparagraph (B); and 

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

13 ‘‘(6) MEDICAL TRANSPORTATION DEMONSTRA14 TION GRANTS.— 

15 ‘‘(A) GRANTS AUTHORIZED.—The Sec16 retary may award demonstration grants, from 

17 funds made available under paragraph (1), to 

18 eligible entities to provide transportation serv19 ices to individuals to access dialysis treatments 

20 and other medical treatments for renal disease. 

21 ‘‘(B) ELIGIBLE ENTITIES.—An entity shall 

22 be eligible to receive a grant under this para23 graph if the entity— 
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1 ‘‘(i) meets the conditions described in 

2 section 501(c)(3) of the Internal Revenue 

3 Code of 1986; or 

4 ‘‘(ii) is an agency of a State or unit 

5 of local government. 

6 ‘‘(C) USE OF FUNDS.—Grant funds re7 ceived under this paragraph may be used to 

8 provide transportation services to individuals to 

9 access dialysis treatments and other medical 

10 treatments for renal disease. 

11 ‘‘(D) APPLICATION.— 

12 ‘‘(i) IN GENERAL.—Each eligible enti13 ty desiring a grant under this paragraph 

14 shall submit an application to the Sec15 retary at such time, at such place, and 

16 containing such information as the Sec17 retary may reasonably require. 

18 ‘‘(ii) SELECTION OF GRANTEES.—In 

19 awarding grants under this paragraph, the 

20 Secretary shall give preference to eligible 

21 entities from communities with— 

22 ‘‘(I) high incidence of renal dis23 ease; and 

24 ‘‘(II) limited access to dialysis fa25 cilities. 
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1 ‘‘(E) RULEMAKING.—The Secretary shall 

2 issue regulations to implement and administer 

3 the grant program established under this para4 graph. 

5 ‘‘(F) REPORT.—The Secretary shall sub6 mit a report on the results of the demonstration 

7 projects funded under this paragraph to the 

8 Committee on Banking, Housing, and Urban 

9 Affairs of the Senate and the Committee on 

10 Transportation and Infrastructure of the House 

11 of Representatives.’’; and 

12 (2) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) GOVERNMENT SHARE.—If there would be a 

15 clear and direct financial benefit to an entity under a 

16 grant, contract, cooperative agreement, or other trans17 action financed under subsection (a) or section 5312, 

18 5313, 5315, or 5322, the Secretary shall establish a Gov19 ernment share consistent with such benefit.’’. 

20 (c) NATIONAL TECHNICAL ASSISTANCE CENTER FOR

21 SENIOR TRANSPORTATION; ALTERNATIVE FUELS

22 STUDY.—Section 5314 is amended by adding at the end 

23 the following: 

24 ‘‘(c) NATIONAL TECHNICAL ASSISTANCE CENTER

25 FOR SENIOR TRANSPORTATION.— 
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1 ‘‘(1) ESTABLISHMENT.—The Secretary shall 

2 award grants to a national not-for-profit organiza3 tion for the establishment and maintenance of a na4 tional technical assistance center. 

5 ‘‘(2) ELIGIBILITY.—An organization shall be el6 igible to receive the grant under paragraph (1) if the 

7 organization— 

8 ‘‘(A) focuses significantly on serving the 

9 needs of the elderly; 

10 ‘‘(B) has demonstrated knowledge and ex11 pertise in senior transportation policy and plan12 ning issues; 

13 ‘‘(C) has affiliates in a majority of the 

14 States; 

15 ‘‘(D) has the capacity to convene local 

16 groups to consult on operation and development 

17 of senior transportation programs; and 

18 ‘‘(E) has established close working rela19 tionships with the Federal Transit Administra20 tion and the Administration on Aging. 

21 ‘‘(3) USE OF FUNDS.—The national technical 

22 assistance center established under this section 

23 shall— 

24 ‘‘(A) gather best practices from throughout 

25 the country and provide such practices to local 
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1 communities that are implementing senior 

2 transportation programs; 

3 ‘‘(B) work with teams from local commu4 nities to identify how they are successfully 

5 meeting the transportation needs of senior and 

6 any gaps in services in order to create a plan 

7 for an integrated senior transportation pro8 gram; 

9 ‘‘(C) provide resources on ways to pay for 

10 senior transportation services; 

11 ‘‘(D) create a web site to publicize and cir12 culate information on senior transportation pro13 grams; 

14 ‘‘(E) establish a clearinghouse for print, 

15 video, and audio resources on senior mobility; 

16 and 

17 ‘‘(F) administer the demonstration grant 

18 program established under paragraph (4). 

19 ‘‘(4) GRANTS AUTHORIZED.— 

20 ‘‘(A) IN GENERAL.—The national technical 

21 assistance center established under this section, 

22 in consultation with the Federal Transit Ad23 ministration, shall award senior transportation 

24 demonstration grants to— 

25 ‘‘(i) local transportation organizations; 
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1 ‘‘(ii) State agencies; 

2 ‘‘(iii) units of local government; and 

3 ‘‘(iv) nonprofit organizations. 

4 ‘‘(B) USE OF FUNDS.—Grant funds re5 ceived under this paragraph may be used to— 

6 ‘‘(i) evaluate the state of transpor7 tation services for senior citizens; 

8 ‘‘(ii) recognize barriers to mobility 

9 that senior citizens encounter in their com10 munities; 

11 ‘‘(iii) establish partnerships and pro12 mote coordination among community 

13 stakeholders, including public, not-for-prof14 it, and for-profit providers of transpor15 tation services for senior citizens; 

16 ‘‘(iv) identify future transportation 

17 needs of senior citizens within local com18 munities; and 

19 ‘‘(v) establish strategies to meet the 

20 unique needs of healthy and frail senior 

21 citizens. 

22 ‘‘(C) SELECTION OF GRANTEES.—The Sec23 retary shall select grantees under this sub24 section based on a fair representation of various 
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1 geographical locations throughout the United 

2 States. 

3 ‘‘(5) ALLOCATIONS.—From the funds made 

4 available for each fiscal year under subsections 

5 (a)(5)(C)(iv) and (b)(2)(G)(iv) of section 5338, 

6 $3,000,000 shall be allocated to carry out this sub7 section. 

8 ‘‘(d) ALTERNATIVE FUELS STUDY.— 

9 ‘‘(1) STUDY.—The Secretary shall conduct a 

10 study of the actions necessary to facilitate the pur11 chase of increased volumes of alternative fuels (as 

12 defined in section 301 of the Energy Policy Act of 

13 1992 (42 U.S.C. 13211)) for use in public transit 

14 vehicles 

15 ‘‘(2) SCOPE OF STUDY.—The study conducted 

16 under this subsection shall focus on the incentives 

17 necessary to increase the use of alternative fuels in 

18 public transit vehicles, including buses, fixed guide19 way vehicles, and ferries. 

20 ‘‘(3) CONTENTS.—The study shall consider— 

21 ‘‘(A) the environmental benefits of in22 creased use of alternative fuels in transit vehi23 cles; 

24 ‘‘(B) existing opportunities available to 

25 transit system operators that encourage the 
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1 purchase of alternative fuels for transit vehicle 

2 operation; 

3 ‘‘(C) existing barriers to transit system op4 erators that discourage the purchase of alter5 native fuels for transit vehicle operation, includ6 ing situations where alternative fuels that do 

7 not require capital improvements to transit ve8 hicles are disadvantaged over fuels that do re9 quire such improvements; and 

10 ‘‘(D) the necessary levels and type of sup11 port necessary to encourage additional use of 

12 alternative fuels for transit vehicle operation. 

13 ‘‘(4) RECOMMENDATIONS.—The study shall rec14 ommend regulatory and legislative alternatives that 

15 will result in the increased use of alternative fuels in 

16 transit vehicles. 

17 ‘‘(5) REPORT.—Not later than 1 year after the 

18 date of enactment of the Federal Public Transpor19 tation Act of 2005, the Secretary shall submit the 

20 study completed under this subsection to the Com21 mittee on Banking, Housing, and Urban Affairs of 

22 the Senate and the Committee on Transportation 

23 and Infrastructure of the House of Representa24 tives’’. 

25 (d) CONFORMING AMENDMENTS.— 
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1 (1) SECTION HEADING.—The heading for sec2 tion 5314 is amended to read as follows: 

3 ‘‘§ 5314. National research programs’’. 

4 (2) TABLE OF SECTIONS.—The item relating to 

5 section 5314 in the table of sections for chapter 53 

6 is amended to read as follows: 

‘‘5314. National research programs.’’. 

7 SEC. 17. NATIONAL TRANSIT INSTITUTE. 

8 (a) Section 5315 is amended— 

9 (1) by striking subsections (a) and (b) and in10 serting the following: 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall award 

12 grants to Rutgers University to conduct a national transit 

13 institute. 

14 ‘‘(b) DUTIES.— 

15 ‘‘(1) IN GENERAL.—In cooperation with the 

16 Federal Transit Administration, State transpor17 tation departments, public transportation authori18 ties, and national and international entities, the in19 stitute established pursuant to subsection (a) shall 

20 develop and conduct training programs for Federal, 

21 State, and local transportation employees, United 

22 States citizens, and foreign nationals engaged or to 

23 be engaged in Government-aid public transportation 

24 work. 
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1 ‘‘(2) TRAINING PROGRAMS.—The training pro2 grams developed under paragraph (1) may include 

3 courses in recent developments, techniques, and pro4 cedures related to— 

5 ‘‘(A) intermodal and public transportation 

6 planning; 

7 ‘‘(B) management; 

8 ‘‘(C) environmental factors; 

9 ‘‘(D) acquisition and joint use rights of 

10 way; 

11 ‘‘(E) engineering and architectural design; 

12 ‘‘(F) procurement strategies for public 

13 transportation systems; 

14 ‘‘(G) turnkey approaches to delivering pub15 lic transportation systems; 

16 ‘‘(H) new technologies; 

17 ‘‘(I) emission reduction technologies; 

18 ‘‘(J) ways to make public transportation 

19 accessible to individuals with disabilities; 

20 ‘‘(K) construction, construction manage21 ment, insurance, and risk management; 

22 ‘‘(L) maintenance; 

23 ‘‘(M) contract administration; 

24 ‘‘(N) inspection; 

25 ‘‘(O) innovative finance; 
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1 ‘‘(P) workplace safety; and 

2 ‘‘(Q) public transportation security.’’; and 

3 (2) in subsection (d), by striking ‘‘mass’’ each 

4 place it appears. 

5 SEC. 18. BUS TESTING FACILITY. 

6 Section 5318 is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘ESTABLISHMENT.—The 

9 Secretary of Transportation shall establish one 

10 facility’’ and inserting ‘‘IN GENERAL.—The 

11 Secretary shall maintain 1 facility’’; and 

12 (B) by striking ‘‘established by renovating’’ 

13 and inserting ‘‘maintained at’’; and 

14 (2) in subsection (d), by striking ‘‘section 

15 5309(m)(1)(C) of this title’’ and inserting ‘‘para16 graphs (1)(C) and (2)(B) of section 5309(i)’’. 

17 SEC. 19. BICYCLE FACILITIES. 

18 Section 5319 is amended by striking ‘‘5307(k)’’ and 

19 inserting ‘‘5307(d)(1)(K)’’. 

20 SEC. 20. SUSPENDED LIGHT RAIL TECHNOLOGY PILOT 

21 PROJECT. 

22 Section 5320 is repealed. 

23 SEC. 21. CRIME PREVENTION AND SECURITY. 

24 Section 5321 is repealed. 
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1 SEC. 22. GENERAL PROVISIONS ON ASSISTANCE. 

2 Section 5323 is amended— 

3 (1) in subsection (a)— 

4 (A) by amending paragraph (1) to read as 

5 follows: 

6 ‘‘(1) IN GENERAL.—Financial assistance pro7 vided under this chapter to a State or a local gov8 ernmental authority may be used to acquire an in9 terest in, or to buy property of, a private company 

10 engaged in public transportation, for a capital 

11 project for property acquired from a private com12 pany engaged in public transportation after July 9, 

13 1964, or to operate a public transportation facility 

14 or equipment in competition with, or in addition to, 

15 transportation service provided by an existing public 

16 transportation company, only if— 

17 ‘‘(A) the Secretary determines that such fi18 nancial assistance is essential to a program of 

19 projects required under sections 5303, 5304, 

20 and 5306; 

21 ‘‘(B) the Secretary determines that the 

22 program provides for the participation of pri23 vate companies engaged in public transpor24 tation to the maximum extent feasible; and 
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1 ‘‘(C) just compensation under State or 

2 local law will be paid to the company for its 

3 franchise or property.’’; and 

4 (B) in paragraph (2), by striking ‘‘(2)’’ 

5 and inserting the following: 

6 ‘‘(2) LIMITATION.—’’; 

7 (2) by amending subsection (b) to read as fol8 lows: 

9 ‘‘(b) NOTICE AND PUBLIC HEARING.— 

10 ‘‘(1) IN GENERAL.—An application for a grant 

11 under this chapter for a capital project that will sub12 stantially affect a community, or the public trans13 portation service of a community, shall include, in 

14 the environmental record for the project, evidence 

15 that the applicant has— 

16 ‘‘(A) provided an adequate opportunity for 

17 public review and comment on the project; 

18 ‘‘(B) held a public hearing on the project 

19 if the project affects significant economic, so20 cial, or environmental interests; 

21 ‘‘(C) considered the economic, social, and 

22 environmental effects of the project; and 

23 ‘‘(D) found that the project is consistent 

24 with official plans for developing the urban 

25 area. 
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1 ‘‘(2) CONTENTS OF NOTICE.—Notice of a hear2 ing under this subsection— 

3 ‘‘(A) shall include a concise description of 

4 the proposed project; and 

5 ‘‘(B) shall be published in a newspaper of 

6 general circulation in the geographic area the 

7 project will serve.’’; 

8 (3) by amending subsection (e) to read as fol9 lows: 

10 ‘‘(e) NEW TECHNOLOGY.—A grant for financial as11 sistance under this chapter for new technology, including 

12 innovative or improved products, techniques, or methods, 

13 shall be subject to the requirements of section 5309 to 

14 the extent the Secretary determines to be appropriate.’’; 

15 (4) in subsection (f)— 

16 (A) by striking ‘‘(1)’’ and inserting the fol17 lowing: 

18 ‘‘(1) IN GENERAL.—’’; 

19 (B) by striking paragraph (2); 

20 (C) by striking ‘‘This subsection’’ and in21 serting the following: 

22 ‘‘(2) EXCEPTIONS.—This subsection; and 

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

24 ‘‘(3) PENALTY.—If the Secretary determines 

25 that an applicant, governmental authority, or pub-
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1 licly owned operator has violated the agreement re2 quired under paragraph (1), the Secretary shall bar 

3 the applicant, authority, or operator from receiving 

4 Federal transit assistance in an amount the Sec5 retary determines to be appropriate.’’; 

6 (5) in subsection (g), by striking ‘‘103(e)(4) 

7 and 142 (a) or (c)’’ each place it appears and insert8 ing ‘‘133 and 142’’; 

9 (6) by amending subsection (h) to read as fol10 lows: 

11 ‘‘(h) TRANSFER OF LANDS OR INTERESTS IN LANDS

12 OWNED BY THE UNITED STATES.— 

13 ‘‘(1) REQUEST BY SECRETARY.—If the Sec14 retary determines that any part of the lands or in15 terests in lands owned by the United States and 

16 made available as a result of a military base closure 

17 is necessary for transit purposes eligible under this 

18 chapter, including corridor preservation, the Sec19 retary shall submit a request to the head of the Fed20 eral agency supervising the administration of such 

21 lands or interests in lands. Such request shall in22 clude a map showing the portion of such lands or in23 terests in lands, which is desired to be transferred 

24 for public transportation purposes. 
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1 ‘‘(2) TRANSFER OF LAND.—If 4 months after 

2 submitting a request under paragraph (1), the Sec3 retary does not receive a response from the Federal 

4 agency described in paragraph (1) that certifies that 

5 the proposed appropriation of land is contrary to the 

6 public interest or inconsistent with the purposes for 

7 which such land has been reserved, or if the head of 

8 such agency agrees to the utilization or transfer 

9 under conditions necessary for the adequate protec10 tion and utilization of the reserve, such land or in11 terests in land may be utilized or transferred to a 

12 State, local governmental authority, or public trans13 portation operator for such purposes and subject to 

14 the conditions specified by such agency. 

15 ‘‘(3) REVERSION.—If at any time the lands or 

16 interests in land utilized or transferred under para17 graph (2) are no longer needed for public transpor18 tation purposes, the State, local governmental au19 thority, or public transportation operator that re20 ceived the land shall notify to the Secretary, and 

21 such lands shall immediately revert to the control of 

22 the head of the Federal agency from which the land 

23 was originally transferred.’’; 

24 (7) in subsection (j)(5), by striking ‘‘Intermodal 

25 Surface Transportation Efficiency Act of 1991 
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1 (Public Law 102–240, 105 Stat. 1914)’’ and insert2 ing ‘‘Federal Public Transportation Act of 2005’’; 

3 (8) by amending subsection (l) to read as fol4 lows: 

5 ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001 

6 of title 18 applies to a certificate, submission, or statement 

7 provided under this chapter. The Secretary may terminate 

8 financial assistance under this chapter and seek reim9 bursement directly, or by offsetting amounts, available 

10 under this chapter, if the Secretary determines that a re11 cipient of such financial assistance has made a false or 

12 fraudulent statement or related act in connection with a 

13 Federal transit program.’’; 

14 (9) in subsection (m), by adding at the end the 

15 following: ‘‘Requirements to perform preaward and 

16 postdelivery reviews of rolling stock purchases to en17 sure compliance with subsection (j) shall not apply 

18 to private nonprofit organizations or to grantees 

19 serving urbanized areas with a population of fewer 

20 than 1,000,000.’’; 

21 (10) in subsection (o), by striking ‘‘the Trans22 portation Infrastructure Finance and Innovation Act 

23 of 1998’’ and inserting ‘‘subchapter II of chapter 1 

24 of title 23’’; and 

25 (11) by adding at the end the following: 
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1 ‘‘(p) BOND PROCEEDS ELIGIBLE FOR LOCAL

2 SHARE.— 

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

4 provision of law, a recipient of assistance under sec5 tion 5307 or 5309, may use the proceeds from the 

6 issuance of revenue bonds as part of the local 

7 matching funds for a capital project. 

8 ‘‘(2) REIMBURSEMENT BY SECRETARY.—The 

9 Secretary may reimburse an eligible recipient for de10 posits of bond proceeds in a debt service reserve that 

11 the recipient established pursuant to section 

12 5302(a)(1)(K) from amounts made available to the 

13 recipient under section 5307 or 5309.’’; 

14 ‘‘(q) PROHIBITED USE OF FUNDS.—Grant funds re15 ceived under this chapter may not be used to pay ordinary 

16 governmental or nonproject operating expenses.’’. 

17 SEC. 23. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. 

18 (a) IN GENERAL.—Section 5324 is amended to read 

19 as follows: 

20 ‘‘§ 5324. Special provisions for capital projects 

21 ‘‘(a) REAL PROPERTY AND RELOCATION SERV22 ICES.—Whenever real property is acquired or furnished as 

23 a required contribution incident to a project, the Secretary 

24 shall not approve the application for financial assistance 

25 unless the applicant has made all payments and provided 
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1 all assistance and assurances that are required of a State 

2 agency under sections 210 and 305 of the Uniform Relo3 cation Assistance and Real Property Acquisition Policies 

4 Act of 1970 (42 U.S.C. 4630 and 4655). The Secretary 

5 must be advised of specific references to any State law 

6 that are believed to be an exception to section 301 or 302 

7 of such Act (42 U.S.C. 4651 and 4652). 

8 ‘‘(b) ADVANCE REAL PROPERTY ACQUISITIONS.— 

9 ‘‘(1) IN GENERAL.—The Secretary may partici10 pate in the acquisition of real property for any 

11 project that may use the property if the Secretary 

12 determines that external market forces are jeopard13 izing the potential use of the property for the project 

14 and if— 

15 ‘‘(A) there are offers on the open real es16 tate market to convey that property for a use 

17 that is incompatible with the project under 

18 study; 

19 ‘‘(B) there is an imminent threat of devel20 opment or redevelopment of the property for a 

21 use that is incompatible with the project under 

22 study; 

23 ‘‘(C) recent appraisals reflect a rapid in24 crease in the fair market value of the property; 
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1 ‘‘(D) the property, because it is located 

2 near an existing transportation facility, is likely 

3 to be developed and to be needed for a future 

4 transportation improvement; or 

5 ‘‘(E) the property owner can demonstrate 

6 that, for health, safety, or financial reasons, re7 taining ownership of the property poses an 

8 undue hardship on the owner in comparison to 

9 other affected property owners and requests the 

10 acquisition to alleviate that hardship. 

11 ‘‘(2) ENVIRONMENTAL REVIEWS.—Property ac12 quired in accordance with this subsection may not be 

13 developed in anticipation of the project until all re14 quired environmental reviews for the project have 

15 been completed. 

16 ‘‘(3) LIMITATION.—The Secretary shall limit 

17 the size and number of properties acquired under 

18 this subsection as necessary to avoid any prejudice 

19 to the Secretary’s objective evaluation of project al20 ternatives. 

21 ‘‘(4) EXEMPTION.—An acquisition under this 

22 section shall be considered an exempt project under 

23 section 176 of the Clean Air Act (42 U.S.C. 7506). 

24 ‘‘(c) RAILROAD CORRIDOR PRESERVATION.— 
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1 ‘‘(1) IN GENERAL.—The Secretary may assist 

2 an applicant to acquire railroad right-of-way before 

3 the completion of the environmental reviews for any 

4 project that may use the right-of-way if the acquisi5 tion is otherwise permitted under Federal law. The 

6 Secretary may establish restrictions on such an ac7 quisition as the Secretary determines to be necessary 

8 and appropriate. 

9 ‘‘(2) ENVIRONMENTAL REVIEWS.—Railroad 

10 right-of-way acquired under this subsection may not 

11 be developed in anticipation of the project until all 

12 required environmental reviews for the project have 

13 been completed. 

14 ‘‘(d) CONSIDERATION OF ECONOMIC, SOCIAL, AND

15 ENVIRONMENTAL INTERESTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary may not ap17 prove an application for financial assistance for a 

18 capital project under this chapter unless the Sec19 retary determines that the project has been devel20 oped in accordance with the National Environmental 

21 Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 

22 Secretary’s findings under this paragraph shall be 

23 made a matter of public record. 

24 ‘‘(2) COOPERATION AND CONSULTATION.—In 

25 carrying out section 5301(e), the Secretary shall co-
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1 operate and consult with the Secretary of the Inte2 rior and the Administrator of the Environmental 

3 Protection Agency on each project that may have a 

4 substantial impact on the environment.’’. 

5 (b) CONFORMING AMENDMENT.—The item relating 

6 to section 5324 in the table of sections for chapter 53 is 

7 amended to read as follows: 

‘‘5324. Special provisions for capital projects.’’. 

8 SEC. 24. CONTRACT REQUIREMENTS. 

9 (a) IN GENERAL.—Section 5325 is amended to read 

10 as follows: 

11 ‘‘§ 5325. Contract requirements 

12 ‘‘(a) COMPETITION.—Recipients of assistance under 

13 this chapter shall conduct all procurement transactions in 

14 a manner that provides full and open competition as deter15 mined by the Secretary. 

16 ‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN

17 CONTRACTS.— 

18 ‘‘(1) IN GENERAL.—A contract or requirement 

19 for program management, architectural engineering, 

20 construction management, a feasibility study, and 

21 preliminary engineering, design, architectural, engi22 neering, surveying, mapping, or related services for 

23 a project for which Federal assistance is provided 

24 under this chapter shall be awarded in the same 

25 manner as a contract for architectural and engineer-
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1 ing services is negotiated under chapter 11 of title 

2 40, or an equivalent qualifications-based requirement 

3 of a State. This subsection does not apply to the ex4 tent a State has adopted or adopts by law a formal 

5 procedure for procuring those services. 

6 ‘‘(2) ADDITIONAL REQUIREMENTS.—When 

7 awarding a contract described in paragraph (1), re8 cipients of assistance under this chapter shall com9 ply with the following requirements: 

10 ‘‘(A) Any contract or subcontract awarded 

11 under this chapter shall be performed and au12 dited in compliance with cost principles con13 tained in part 31 of title 48, Code of Federal 

14 Regulations (commonly known as the Federal 

15 Acquisition Regulation). 

16 ‘‘(B) A recipient of funds under a contract 

17 or subcontract awarded under this chapter shall 

18 accept indirect cost rates established in accord19 ance with the Federal Acquisition Regulation 

20 for 1-year applicable accounting periods by a 

21 cognizant Federal or State government agency, 

22 if such rates are not currently under dispute. 

23 ‘‘(C) After a firm’s indirect cost rates are 

24 accepted under subparagraph (B), the recipient 

25 of the funds shall apply such rates for the pur-
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1 poses of contract estimation, negotiation, ad2 ministration, reporting, and contract payment, 

3 and shall not be limited by administrative or de 

4 facto ceilings. 

5 ‘‘(D) A recipient requesting or using the 

6 cost and rate data described in subparagraph 

7 (C) shall notify any affected firm before such 

8 request or use. Such data shall be confidential 

9 and shall not be accessible or provided by the 

10 group of agencies sharing cost data under this 

11 subparagraph, except by written permission of 

12 the audited firm. If prohibited by law, such cost 

13 and rate data shall not be disclosed under any 

14 circumstances. 

15 ‘‘(c) EFFICIENT PROCUREMENT.—A recipient may 

16 award a procurement contract under this chapter to other 

17 than the lowest bidder if the award furthers an objective 

18 consistent with the purposes of this chapter, including im19 proved long-term operating efficiency and lower long-term 

20 costs. 

21 ‘‘(d) DESIGN-BUILD PROJECTS.— 

22 ‘‘(1) DEFINED TERM.—As used in this sub23 section, the term ‘design-build project’— 

24 ‘‘(A) means a project under which a recipi25 ent enters into a contract with a seller, firm, or 
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1 consortium of firms to design and build an op2 erable segment of a public transportation sys3 tem that meets specific performance criteria; 

4 and 

5 ‘‘(B) may include an option to finance, or 

6 operate for a period of time, the system or seg7 ment or any combination of designing, building, 

8 operating, or maintaining such system or seg9 ment. 

10 ‘‘(2) FINANCIAL ASSISTANCE FOR CAPITAL

11 COSTS.—Federal financial assistance under this 

12 chapter may be provided for the capital costs of a 

13 design-build project after the recipient complies with 

14 Government requirements. 

15 ‘‘(e) ROLLING STOCK.— 

16 ‘‘(1) ACQUISITION.—A recipient of financial as17 sistance under this chapter may enter into a con18 tract to expend that assistance to acquire rolling 

19 stock— 

20 ‘‘(A) with a party selected through a com21 petitive procurement process; or 

22 ‘‘(B) based on— 

23 ‘‘(i) initial capital costs; or 

24 ‘‘(ii) performance, standardization, life 

25 cycle costs, and other factors. 
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1 ‘‘(2) MULTIYEAR CONTRACTS.—A recipient pro2 curing rolling stock with Federal financial assistance 

3 under this chapter may make a multiyear contract, 

4 including options, to buy not more than 5 years of 

5 requirements for rolling stock and replacement 

6 parts. The Secretary shall allow a recipient to act on 

7 a cooperative basis to procure rolling stock under 

8 this paragraph and in accordance with other Federal 

9 procurement requirements. 

10 ‘‘(f) EXAMINATION OF RECORDS.—Upon request, the 

11 Secretary and the Comptroller General, or any of their 

12 representatives, shall have access to and the right to exam13 ine and inspect all records, documents, and papers, includ14 ing contracts, related to a project for which a grant is 

15 made under this chapter. 

16 ‘‘(g) GRANT PROHIBITION.—A grant awarded under 

17 this chapter may not be used to support a procurement 

18 that uses an exclusionary or discriminatory specification. 

19 ‘‘(h) BUS DEALER REQUIREMENTS.—No State law 

20 requiring buses to be purchased through in-State dealers 

21 shall apply to vehicles purchased with a grant under this 

22 chapter. 

23 ‘‘(i) AWARDS TO RESPONSIBLE CONTRACTORS.— 

24 ‘‘(1) IN GENERAL.—Federal financial assistance 

25 under this chapter may be provided for contracts 
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1 only if a recipient awards such contracts to respon2 sible contractors possessing the ability to success3 fully perform under the terms and conditions of a 

4 proposed procurement. 

5 ‘‘(2) CRITERIA.—Before making an award to a 

6 contractor under paragraph (1), a recipient shall 

7 consider— 

8 ‘‘(A) the integrity of the contractor; 

9 ‘‘(B) the contractor’s compliance with pub10 lic policy; 

11 ‘‘(C) the contractor’s past performance, in12 cluding the performance reported in the Con13 tractor Performance Assessment Reports re14 quired under section 5309(m)(4); and 

15 ‘‘(D) the contractor’s financial and tech16 nical resources.’’. 

17 (b) CONFORMING AMENDMENTS.—Chapter 53 is 

18 amended by striking section 5326. 

19 SEC. 25. PROJECT MANAGEMENT OVERSIGHT AND REVIEW. 

20 (a) PROJECT MANAGEMENT PLAN REQUIRE21 MENTS.—Section 5327(a) is amended— 

22 (1) in paragraph (11), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (12), by striking the period at 

25 the end and inserting ‘‘; and’’; and 
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1 (3) by adding at the end the following: 

2 ‘‘(13) safety and security management.’’. 

3 (b) LIMITATIONS ON USE OF AVAILABLE

4 AMOUNTS.—Section 5327(c) is amended— 

5 (1) by amending paragraph (1) to read as fol6 lows: 

7 ‘‘(1) IN GENERAL.—The Secretary may not use 

8 more than 1 percent of amounts made available for 

9 a fiscal year to carry out any of sections 5307 

10 through 5311, 5316, or 5317, or a project under the 

11 National Capital Transportation Act of 1969 (Public 

12 Law 91–143) to make a contract to oversee the con13 struction of major projects under any of sections 

14 5307 through 5311, 5316, or 5317 or under that 

15 Act.’’; and 

16 (2) in paragraph (2)— 

17 (A) by striking ‘‘(2)’’ and inserting the fol18 lowing: 

19 ‘‘(2) OTHER ALLOWABLE USES.—’’; and 

20 (B) by inserting ‘‘and security’’ after 

21 ‘‘safety’’. 

22 SEC. 26. PROJECT REVIEW. 

23 Section 5328 is amended— 

24 (1) in subsection (a)— 
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1 (A) in paragraph (1) by striking ‘‘(1) 

2 When the Secretary of Transportation allows a 

3 new fixed guideway project to advance into the 

4 alternatives analysis stage of project review, the 

5 Secretary shall cooperate with the applicant’’ 

6 and inserting the following: 

7 ‘‘(1) ALTERNATIVES ANALYSIS.—The Secretary 

8 shall cooperate with an applicant undertaking an al9 ternatives analysis under subsections (e) and (f) of 

10 section 5309’’; 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘(2)’’ and inserting the 

13 following: 

14 ‘‘(2) ADVANCEMENT TO PRELIMINARY ENGI15 NEERING STAGE.—’’; and 

16 (ii) by striking ‘‘is consistent with’’ 

17 and inserting ‘‘meets the requirements of’’; 

18 (C) in paragraph (3)— 

19 (i) by striking ‘‘(3)’’ and inserting the 

20 following: 

21 ‘‘(3) RECORD OF DECISION.—’’; 

22 (ii) by striking ‘‘of construction’’; and 

23 (iii) by adding before the period at the 

24 end the following: ‘‘if the Secretary deter25 mines that the project meets the require-
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1 ments of subsection (e) or (f) of section 

2 5309’’; and 

3 (D) by striking paragraph (4); and 

4 (2) by striking subsection (c). 

5 SEC. 27. INVESTIGATIONS OF SAFETY AND SECURITY RISK. 

6 (a) IN GENERAL.—Section 5329 is amended to read 

7 as follows: 

8 ‘‘§ 5329. Investigation of safety hazards and security 

9 risks 

10 ‘‘(a) IN GENERAL.—The Secretary may conduct in11 vestigations into safety hazards and security risks associ12 ated with a condition in equipment, a facility, or an oper13 ation financed under this chapter to establish the nature 

14 and extent of the condition and how to eliminate, mitigate, 

15 or correct it. 

16 ‘‘(b) SUBMISSION OF CORRECTIVE PLAN.—If the 

17 Secretary establishes that a safety hazard or security risk 

18 warrants further protective measures, the Secretary shall 

19 require the local governmental authority receiving 

20 amounts under this chapter to submit a plan for elimi21 nating, mitigating, or correcting it. 

22 ‘‘(c) WITHHOLDING OF FUNDS.—Financial assist23 ance under this chapter, in an amount to be determined 

24 by the Secretary, may be withheld until a plan is approved 

25 and carried out. 
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1 ‘‘(d) PUBLIC TRANSPORTATION SECURITY.— 

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

3 after the date of enactment of the Federal Public 

4 Transportation Act of 2005, the Secretary shall 

5 enter into a memorandum of understanding with the 

6 Secretary of Homeland Security to define and clarify 

7 the respective roles and responsibilities of the De8 partment of Transportation and the Department of 

9 Homeland Security relating to public transportation 

10 security. 

11 ‘‘(2) CONTENTS.—The memorandum of under12 standing described in paragraph (1) shall— 

13 ‘‘(A) establish national security standards 

14 for public transportation agencies; 

15 ‘‘(B) establish funding priorities for grants 

16 from the Department of Homeland Security to 

17 public transportation agencies; 

18 ‘‘(C) create a method of coordination with 

19 public transportation agencies on security mat20 ters; and 

21 ‘‘(D) address any other issues determined 

22 to be appropriate by the Secretary and the Sec23 retary of Homeland Security.’’. 
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1 (b) CONFORMING AMENDMENT.—The item relating 

2 to section 5329 in the table of sections for chapter 53 is 

3 amended to read as follows: 

‘‘5329. Investigation of safety hazards and security risks.’’. 

4 SEC. 28. STATE SAFETY OVERSIGHT. 

5 (a) IN GENERAL.—Section 5330 is amended— 

6 (1) by amending the heading to read as follows: 

7 ‘‘§ 5330. Withholding amounts for noncompliance 

8 with State safety oversight require9 ments’’; 

10 (2) by amending subsection (a) to read as fol11 lows: 

12 ‘‘(a) APPLICATION.—This section shall only apply 

13 to— 

14 ‘‘(1) States that have rail fixed guideway public 

15 transportation systems that are not subject to regu16 lation by the Federal Railroad Administration; and 

17 ‘‘(2) States that are designing rail fixed guide18 way public transportation systems that will not be 

19 subjected to regulation by the Federal Railroad Ad20 ministration.’’; 

21 (3) in subsection (d), by striking ‘‘affected 

22 States’’ and inserting the following: ‘‘affected 

23 States— 

24 ‘‘(1) shall ensure uniform safety standards and 

25 enforcement; or 
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1 ‘‘(2)’’; and 

2 (4) in subsection (f), by striking ‘‘Not later 

3 than December 18, 1992, the’’ and inserting ‘‘The’’. 

4 (b) CONFORMING AMENDMENT.—The item relating 

5 to section 5330 in the table of sections for chapter 53 is 

6 amended to read as follows: 

‘‘5330. Withholding amounts for noncompliance with State safety oversight requirements.’’. 

7 SEC. 29. TERRORIST ATTACKS AND OTHER ACTS OF VIO8 LENCE AGAINST PUBLIC TRANSPORTATION 

9 SYSTEMS. 

10 (a) IN GENERAL.—Section 1993 of title 18, United 

11 States Code, is amended— 

12 (1) by striking ‘‘mass’’ each place it appears 

13 and inserting ‘‘public’’; 

14 (2) in subsection (a)(5), by inserting ‘‘control15 ling,’’ after ‘‘operating’’; and 

16 (3) in subsection (c)(5), by striking 

17 ‘‘5302(a)(7) of title 49, United States Code,’’ and 

18 inserting ‘‘5302(a) of title 49,’’. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents for chapter 97 of title 18, United States Code is 

21 amended by amending the item related to section 1993 

22 to read as follows: 

‘‘1993. Terrorist attacks and other acts of violence against public transportation 

systems.’’. 
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1 SEC. 30. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE 

2 TESTING. 

3 Section 5331 is amended— 

4 (1) in subsection (a)(3), by inserting before the 

5 period at the end the following: ‘‘or sections 2303a, 

6 7101(i), or 7302(e) of title 46. The Secretary may 

7 also decide that a form of public transportation is 

8 covered adequately, for employee alcohol and con9 trolled substances testing purposes, under the alco10 hol and controlled substance statutes or regulations 

11 of an agency within the Department of Transpor12 tation or other Federal agency’’; and 

13 (2) in subsection (f), by striking paragraph (3). 

14 SEC. 31. EMPLOYEE PROTECTIVE ARRANGEMENTS. 

15 Section 5333(b) is amended— 

16 (1) in paragraph (3), by striking the period at 

17 the end and inserting ‘‘: Provided, That— 

18 ‘‘(A) the protective period shall not exceed 4 

19 years; and 

20 ‘‘(B) the separation allowance shall not exceed 

21 12 months.’’; and 

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

23 ‘‘(4) An arrangement under this subsection shall not 

24 guarantee continuation of employment as a result of a 

25 change in private contractors through competitive bidding 
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1 unless such continuation is otherwise required under sub2 paragraph (A), (B), or (D) of paragraph (2). 

3 ‘‘(5) Fair and equitable arrangements to protect the 

4 interests of employees utilized by the Secretary of Labor 

5 for assistance to purchase like-kind equipment or facilities, 

6 and amendments to existing assistance agreements, shall 

7 be certified without referral. 

8 ‘‘(6) Nothing in this subsection shall affect the level 

9 of protection provided to freight railroad employees.’’. 

10 SEC. 32. ADMINISTRATIVE PROCEDURES. 

11 Section 5334 is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by striking ‘‘5309– 

14 5311 of this title’’ and all that follows and in15 serting ‘‘5309 through 5311;’’; 

16 (B) in paragraph (9), by striking ‘‘and’’ at 

17 the end; 

18 (C) in paragraph (10), by striking the pe19 riod at the end and inserting ‘‘; and’’; and 

20 (D) by inserting at the end the following: 

21 ‘‘(11) issue regulations as necessary to carry 

22 out the purposes of this chapter.’’; 

23 (2) by redesignating subsections (b), (c), (d), 

24 (e), (f), (g), (h), (i), and (j) as subsections (c), (d), 

25 (e), (f), (g), (h), (i), (j), and (k), respectively; 
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1 (3) by adding after subsection (a) the following: 

2 ‘‘(b) PROHIBITIONS AGAINST REGULATING OPER3 ATIONS AND CHARGES.— 

4 ‘‘(1) IN GENERAL.—Except as directed by the 

5 President for purposes of national defense or in the 

6 event of a national or regional emergency, the Sec7 retary may not regulate— 

8 ‘‘(A) the operation, routes, or schedules of 

9 a public transportation system for which a 

10 grant is made under this chapter; or 

11 ‘‘(B) the rates, fares, tolls, rentals, or 

12 other charges prescribed by any public or pri13 vate transportation provider. 

14 ‘‘(2) COMPLIANCE WITH AGREEMENT.—Noth15 ing in this subsection shall prevent the Secretary 

16 from requiring a recipient of funds under this chap17 ter to comply with the terms and conditions of its 

18 Federal assistance agreement.’’; and 

19 (4) in subsection (j)(1), as redesignated, by 

20 striking ‘‘carry out section 5312(a) and (b)(1) of 

21 this title’’ and inserting ‘‘advise and assist the Sec22 retary in carrying out section 5312(a)’’. 

23 SEC. 33. REPORTS AND AUDITS. 

24 Section 5335 is amended— 

25 (1) by striking subsection (b); and 
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1 (2) in subsection (a)— 

2 (A) in paragraph (1), by striking ‘‘(1)’’; 

3 and 

4 (B) in paragraph (2), by striking ‘‘(2) The 

5 Secretary may make a grant under section 

6 5307 of this title’’ and inserting the following: 

7 ‘‘(b) REPORTING AND UNIFORM SYSTEMS.—The Sec8 retary may award a grant under section 5307 or 5311’’. 

9 SEC. 34. APPORTIONMENTS OF APPROPRIATIONS FOR FOR10 MULA GRANTS. 

11 Section 5336 is amended— 

12 (1) by striking subsections (d), (h), and (k); 

13 (2) by redesignating subsections (a) through (c) 

14 as subsections (b) through (d), respectively; 

15 (3) by redesignating subsection (i) and (j) as 

16 subsection (h) and (i) respectively; 

17 (4) by adding before subsection (b), as redesig18 nated, the following: 

19 ‘‘(a) APPORTIONMENTS.—Of the amounts made 

20 available for each fiscal year under subsections 

21 (a)(1)(C)(vi) and (b)(2)(L) of section 5338— 

22 ‘‘(1) there shall be apportioned, in fiscal year 

23 2006 and each fiscal year thereafter, $35,000,000 to 

24 certain urbanized areas with populations of less than 

25 200,000 in accordance with subsection (k); and 
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1 ‘‘(2) any amount not apportioned under para2 graph (1) shall be apportioned to urbanized areas in 

3 accordance with subsections (b) through (d).’’; 

4 (5) in subsection (b), as redesignated— 

5 (A) by striking ‘‘Of the amount made 

6 available or appropriated under section 5338(a) 

7 of this title’’ and inserting ‘‘Of the amount ap8 portioned under subsection (a)(3)’’; and 

9 (B) in paragraph (2), by striking ‘‘sub10 sections (b) and (c) of this section’’ and insert11 ing ‘‘subsections (c) and (d)’’; 

12 (6) in subsection (c)(2), as redesignated, by 

13 striking ‘‘subsection (a)(2) of this section’’ and in14 serting ‘‘subsection (b)(2)’’; 

15 (7) in subsection (d), as redesignated, by strik16 ing ‘‘subsection (a)(2) of this section’’ and inserting 

17 ‘‘subsection (b)(2)’’; 

18 (8) in subsection (e)(1), by striking ‘‘sub19 sections (a) and (h)(2) of section 5338 of this title’’ 

20 and inserting ‘‘subsections (a) and (b) of section 

21 5338’’; 

22 (9) in subsection (g), by striking ‘‘subsection 

23 (a)(1) of this section’’ each place it appears and in24 serting ‘‘subsection (b)(1)’’; and 

25 (10) by adding at the end the following: 
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1 ‘‘(j) SMALL TRANSIT INTENSIVE CITIES FACTORS.— 

2 The amount apportioned under subsection (a)(1) shall be 

3 apportioned to urbanized areas as follows: 

4 ‘‘(1) The Secretary shall calculate a factor 

5 equal to the sum of revenue vehicle hours operated 

6 within urbanized areas with a population of between 

7 200,000 and 1,000,000 divided by the sum of the 

8 population of all such urbanized areas. 

9 ‘‘(2) The Secretary shall designate as eligible 

10 for an apportionment under this subsection all ur11 banized areas with a population of under 200,000 

12 for which the number of revenue vehicle hours oper13 ated within the urbanized area divided by the popu14 lation of the urbanized area exceeds the factor cal15 culated under paragraph (1). 

16 ‘‘(3) For each urbanized area qualifying for an 

17 apportionment under paragraph (2), the Secretary 

18 shall calculate an amount equal to the product of the 

19 population of that urbanized area and the factor cal20 culated under paragraph (1). 

21 ‘‘(4) For each urbanized area qualifying for an 

22 apportionment under paragraph (2), the Secretary 

23 shall calculate an amount equal to the difference be24 tween the number of revenue vehicle hours within 
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1 that urbanized area less the amount calculated in 

2 paragraph (3). 

3 ‘‘(5) Each urbanized area qualifying for an ap4 portionment under paragraph (2) shall receive an 

5 amount equal to the amount to be apportioned 

6 under this subsection multiplied by the amount cal7 culated for that urbanized area under paragraph (4) 

8 divided by the sum of the amounts calculated under 

9 paragraph (4) for all urbanized areas qualifying for 

10 an apportionment under paragraph (2). 

11 ‘‘(k) STUDY ON INCENTIVES IN FORMULA PRO12 GRAMS.— 

13 ‘‘(1) STUDY.—The Secretary shall conduct a 

14 study to assess the feasibility and appropriateness of 

15 developing and implementing an incentive funding 

16 system under sections 5307 and 5311 for operators 

17 of public transportation. 

18 ‘‘(2) REPORT.— 

19 ‘‘(A) IN GENERAL.—Not later than 1 year 

20 after the date of enactment of the Federal Pub21 lic Transportation Act of 2005, the Secretary 

22 shall submit a report on the results of the study 

23 conducted under paragraph (1) to the Com24 mittee on Banking, Housing, and Urban Affairs 

25 of the Senate and the Committee on Transpor-
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1 tation and Infrastructure of the House of Rep2 resentatives. 

3 ‘‘(B) CONTENTS.—The report submitted 

4 under subparagraph (A) shall include— 

5 ‘‘(i) an analysis of the availability of 

6 appropriate measures to be used as a basis 

7 for the distribution of incentive payments; 

8 ‘‘(ii) the optimal number and size of 

9 any incentive programs; 

10 ‘‘(iii) what types of systems should 

11 compete for various incentives; 

12 ‘‘(iv) how incentives should be distrib13 uted; and 

14 ‘‘(v) the likely effects of the incentive 

15 funding system.’’. 

16 SEC. 35. APPORTIONMENTS FOR FIXED GUIDEWAY MOD17 ERNIZATION. 

18 Section 5337 is amended— 

19 (1) in subsection (a), by striking ‘‘for each of 

20 fiscal years 1998 through 2003’’; and 

21 (2) by striking ‘‘section 5336(b)(2)(A)’’ each 

22 place it appears and inserting ‘‘section 

23 5336(c)(2)(A)’’. 

24 SEC. 36. AUTHORIZATIONS. 

25 Section 5338 is amended to read as follows: 
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1 ‘‘§ 5338. Authorizations 

2 ‘‘(a) FISCAL YEAR 2005.— 

3 ‘‘(1) FORMULA GRANTS.— 

4 ‘‘(A) TRUST FUND.—For fiscal year 2005, 

5 $3,499,927,776 shall be available from the 

6 Mass Transit Account of the Highway Trust 

7 Fund to carry out sections 5307, 5309, 5310, 

8 and 5311 of this chapter and section 3038 of 

9 the Transportation Equity Act for the 21st 

10 Century (49 U.S.C. 5310 note). 

11 ‘‘(B) GENERAL FUND.—In addition to the 

12 amounts made available under subparagraph 

13 (A), there are authorized to be appropriated 

14 $499,989,824 for fiscal year 2005 to carry out 

15 sections 5307, 5309, 5310, and 5311 of this 

16 chapter and section 3038 of the Transportation 

17 Equity Act for the 21st Century (49 U.S.C. 

18 5310 note). 

19 ‘‘(C) ALLOCATION OF FUNDS.—Of the 

20 amounts made available or appropriated under 

21 this paragraph— 

22 ‘‘(i) $4,811,150 shall be available to 

23 the Alaska Railroad for improvements to 

24 its passenger operations under section 

25 5307; 
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1 ‘‘(ii) $6,894,400 shall be available to 

2 provide over-the-road bus accessibility 

3 grants under section 3038 of the Trans4 portation Equity Act for the 21st Century 

5 (49 U.S.C. 5310 note); 

6 ‘‘(iii) $94,526,689 shall be available 

7 to provide transportation services to elderly 

8 individuals and individuals with disabilities 

9 under section 5310; 

10 ‘‘(iv) $173,040,330 shall be available 

11 to provide financial assistance for other 

12 than urbanized areas under section 5311; 

13 ‘‘(v) $3,325,048,327 shall be available 

14 to provide financial assistance for urban15 ized areas under section 5307; 

16 ‘‘(vi) $49,600,000 shall be available to 

17 provide financial assistance for buses and 

18 bus facilities under section 5309; and 

19 ‘‘(vii) $345,996,704 shall be allocated 

20 in accordance with section 5340 to provide 

21 financial assistance for urbanized areas 

22 under section 5307 and other than urban23 ized areas under section 5311.’’. 

24 ‘‘(2) JOB ACCESS AND REVERSE COMMUTE.— 
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1 ‘‘(A) TRUST FUND.—For fiscal year 2005, 

2 $108,500,000 shall be available from the Mass 

3 Transit Account of the Highway Trust Fund to 

4 carry out section 3037 of the Transportation 

5 Equity Act for the 21st Century (49 U.S.C. 

6 5309 note). 

7 ‘‘(B) GENERAL FUND.—In addition to the 

8 amounts made available under paragraph (A), 

9 there are authorized to be appropriated 

10 $15,500,000 for fiscal year 2005 to carry out 

11 section 3037 of the Transportation Equity Act 

12 of the 21st Century (49 U.S.C. 5309 note). 

13 ‘‘(3) CAPITAL PROGRAM GRANTS.— 

14 ‘‘(A) TRUST FUND.—For fiscal year 2005, 

15 $2,898,100,224 shall be available from the 

16 Mass Transit Account of the Highway Trust 

17 Fund to carry out section 5309. 

18 ‘‘(B) GENERAL FUND.—In addition to the 

19 amounts made available under subparagraph 

20 (A), there are authorized to be appropriated 

21 $414,014,176 for fiscal year 2005 to carry out 

22 section 5309. 

23 ‘‘(4) PLANNING.— 

24 ‘‘(A) TRUST FUND.—For fiscal year 2005, 

25 $63,364,000 shall be available from the Mass 
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1 Transit Account of the Highway Trust Fund to 

2 carry out section 5308. 

3 ‘‘(B) GENERAL FUND.—In addition to the 

4 amounts made available under subparagraph 

5 (A), there are authorized to be appropriated 

6 $9,052,000 for fiscal year 2005 to carry out 

7 section 5308. 

8 ‘‘(C) ALLOCATION OF FUNDS.—Of the 

9 amounts made available or appropriated under 

10 this paragraph— 

11 ‘‘(i) 82.72 percent shall be allocated 

12 for metropolitan planning under section 

13 5308(c); and 

14 ‘‘(ii) 17.28 percent shall be allocated 

15 for State planning under section 5308(d). 

16 ‘‘(5) RESEARCH.— 

17 ‘‘(A) TRUST FUND.—For fiscal year 2005, 

18 $47,740,000 shall be available from the Mass 

19 Transit Account of the Highway Trust Fund to 

20 carry out sections 5311(b), 5312, 5313, 5314, 

21 5315, and 5322. 

22 ‘‘(B) GENERAL FUND.—In addition to the 

23 amounts made available under subparagraph 

24 (A), there are authorized to be appropriated 

25 $6,820,000 for fiscal year 2005 to carry out 
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1 sections 5311(b), 5312, 5313, 5314, 5315, and 

2 5322. 

3 ‘‘(C) ALLOCATION OF FUNDS.—Of the 

4 funds made available or appropriated under this 

5 paragraph— 

6 ‘‘(i) not less than $3,968,000 shall be 

7 available to carry out programs of the Na8 tional Transit Institute under section 

9 5315; 

10 ‘‘(ii) not less than $5,208,000 shall be 

11 available to carry out section 5311(b)(2); 

12 ‘‘(iii) not less than $8,184,000 shall 

13 be available to carry out section 5313; and 

14 ‘‘(iv) the remainder shall be available 

15 to carry out national research and tech16 nology programs under sections 5312, 

17 5314, and 5322. 

18 ‘‘(6) UNIVERSITY TRANSPORTATION RE19 SEARCH.— 

20 ‘‘(A) TRUST FUND.—For fiscal year 2005, 

21 $5,208,000 shall be available from the Mass 

22 Transit Account of the Highway Trust Fund to 

23 carry out sections 5505 and 5506. 

24 ‘‘(B) GENERAL FUND.—In addition to 

25 amounts made available under subparagraph 
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1 (A), there are authorized to be appropriated 

2 $744,000 for fiscal year 2005 to carry out sec3 tions 5505 and 5506. 

4 ‘‘(C) ALLOCATION OF FUNDS.—Of the 

5 amounts made available or appropriated under 

6 this paragraph— 

7 ‘‘(i) $1,984,000 shall be available for 

8 grants under 5506(f)(5) to the institution 

9 identified in section 5505(j)(3)(E), as in 

10 effect on the day before the date of enact11 ment of the Federal Public Transportation 

12 Act of 2005; 

13 ‘‘(ii) $1,984,000 shall be available for 

14 grants under section 5505(d) to the insti15 tution identified in section 5505(j)(4)(A), 

16 as in effect on the date specified in clause 

17 (i); and 

18 ‘‘(iii) $1,984,000 shall be available for 

19 grants under section 5505(d) to the insti20 tution identified in section 5505(j)(4)(F), 

21 as in effect on the date specified in sub22 clause (I). 

23 ‘‘(D) SPECIAL RULE.—Nothing in this 

24 paragraph shall be construed to limit the trans-
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1 portation research conducted by the centers re2 ceiving financial assistance under this section. 

3 ‘‘(7) ADMINISTRATION.— 

4 ‘‘(A) TRUST FUND.—For fiscal year 2005, 

5 $67,704,000 shall be available from the Mass 

6 Transit Account of the Highway Trust Fund to 

7 carry out section 5334. 

8 ‘‘(B) GENERAL FUND.—In addition to 

9 amounts made available under subparagraph 

10 (A), there are authorized to be appropriated 

11 $9,672,000 for fiscal year 2005 to carry out 

12 section 5334. 

13 ‘‘(8) GRANTS AS CONTRACTUAL OBLIGA14 TIONS.— 

15 ‘‘(A) GRANTS FINANCED FROM HIGHWAY

16 TRUST FUND.—A grant or contract that is ap17 proved by the Secretary and financed with 

18 amounts made available under paragraph 

19 (1)(A), (2)(A), (3)(A), (4)(A), (5)(A), (6)(A), 

20 or (7)(A) is a contractual obligation of the 

21 United States Government to pay the Federal 

22 share of the cost of the project. 

23 ‘‘(B) GRANTS FINANCED FROM GENERAL

24 FUND.—A grant or contract that is approved by 

25 the Secretary and financed with amounts ap-
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1 propriated in advance under paragraph (1)(B), 

2 (2)(B), (3)(B), (4)(B), (5)(B), (6)(B), or 

3 (7)(B) is a contractual obligation of the United 

4 States Government to pay the Federal share of 

5 the cost of the project only to the extent that 

6 amounts are appropriated for such purpose by 

7 an Act of Congress. 

8 ‘‘(9) AVAILABILITY OF AMOUNTS.—Amounts 

9 made available or appropriated under paragraphs 

10 (1) through (6) shall remain available until ex11 pended.’’. 

12 ‘‘(b) FORMULA GRANTS AND RESEARCH.— 

13 ‘‘(1) IN GENERAL.—There shall be available 

14 from the Mass Transit Account of the Highway 

15 Trust Fund to carry out sections 5307, 5308, 5309, 

16 5310 through 5316, 5322, 5335, 5340, and 5505 of 

17 this title, and sections 3037 and 3038 of the Federal 

18 Transit Act of 1998 (112 Stat. 387 et seq.)— 

19 ‘‘(A) $5,943,059,000 for fiscal year 2006; 

20 ‘‘(B) $6,279,868,000 for fiscal year 2007; 

21 ‘‘(C) $6,862,064,000 for fiscal year 2008; 

22 and 

23 ‘‘(D) $7,476,967,000 for fiscal year 2009. 
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1 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

2 made available under paragraph (1) for each fiscal 

3 year— 

4 ‘‘(A) 0.092 percent shall be available for 

5 grants to the Alaska Railroad under section 

6 5307 for improvements to its passenger oper7 ations; 

8 ‘‘(B) 1.75 percent shall be available to 

9 carry out section 5308; 

10 ‘‘(C) 2.05 percent shall be available to pro11 vide financial assistance for job access and re12 verse commute projects under section 3037 of 

13 the Federal Transit Act of 1998 (49 U.S.C. 

14 5309 note); 

15 ‘‘(D) 3.00 percent shall be available to pro16 vide financial assistance for services for elderly 

17 persons and persons with disabilities under sec18 tion 5310; 

19 ‘‘(E) 0.125 percent shall be available to 

20 carry out section 3038 of the Transportation 

21 Equity Act for the 21st Century (49 U.S.C. 

22 5310 note); 

23 ‘‘(F) 6.25 percent shall be available to pro24 vide financial assistance for other than urban25 ized areas under section 5311; 
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1 ‘‘(G) 0.89 percent shall be available to 

2 carry out transit cooperative research programs 

3 under section 5313, the National Transit Insti4 tute under section 5315, university research 

5 centers under section 5505, and national re6 search programs under sections 5312, 5313, 

7 5314, and 5322, of which— 

8 ‘‘(i) 17.0 percent shall be allocated to 

9 carry out transit cooperative research pro10 grams under section 5313; 

11 ‘‘(ii) 7.5 percent shall be allocated to 

12 carry out programs under the National 

13 Transit Institute under section 5315, in14 cluding not more than $1,000,000 to carry 

15 out section 5315(a)(16); 

16 ‘‘(iii) 11.0 percent shall be allocated 

17 to carry out the university centers program 

18 under section 5505; and 

19 ‘‘(iv) any funds made available under 

20 this subparagraph that are not allocated 

21 under clauses (i) through (iii) shall be allo22 cated to carry out national research pro23 grams under sections 5312, 5313, 5314, 

24 and 5322; 
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1 ‘‘(H) $25,000,000 shall be available for 

2 each of the fiscal years 2006 through 2009 to 

3 carry out section 5316; 

4 ‘‘(I) there shall be available to carry out 

5 section 5335— 

6 ‘‘(i) $3,900,000 in fiscal year 2006; 

7 ‘‘(ii) $4,200,000 in fiscal year 2007; 

8 ‘‘(iii) $4,600,000 in fiscal year 2008; 

9 and 

10 ‘‘(iv) $5,000,000 in fiscal year 2009; 

11 ‘‘(J) 6.25 percent shall be allocated in ac12 cordance with section 5340 to provide financial 

13 assistance for urbanized areas under section 

14 5307 and other than urbanized areas under sec15 tion 5311; 

16 ‘‘(K) 22.0 percent shall be allocated in ac17 cordance with section 5337 to provide financial 

18 assistance under section 5309(i)(3); and 

19 ‘‘(L) any amounts not made available 

20 under subparagraphs (A) through (K) shall be 

21 allocated in accordance with section 5336 to 

22 provide financial assistance for urbanized areas 

23 under section 5307. 

24 ‘‘(3) UNIVERSITY CENTERS PROGRAM.— 
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1 ‘‘(A) ALLOCATION.—Of the amounts allo2 cated under paragraph (2)(G)(iii), $1,000,000 

3 shall be available in each of the fiscal years 

4 2006 through 2009 for Morgan State Univer5 sity to provide transportation research, train6 ing, and curriculum development. 

7 ‘‘(B) REQUIREMENTS.—The university 

8 specified under subparagraph (A) shall be con9 sidered a University Transportation Center 

10 under section 510 of title 23, and shall be sub11 ject to the requirements under subsections (c), 

12 (d), (e), and (f) of such section. 

13 ‘‘(C) REPORT.—In addition to the report 

14 required under section 510(e)(3) of title 23, the 

15 university specified under subparagraph (A) 

16 shall annually submit a report to the Secretary 

17 that describes the university’s contribution to 

18 public transportation. 

19 ‘‘(4) BUS GRANTS.—In addition to the amounts 

20 made available under paragraph (1), there shall be 

21 available from the Mass Transit Account of the 

22 Highway Trust Fund to carry out section 

23 5309(i)(2)(B)— 

24 ‘‘(A) $796,977,000 for fiscal year 2006; 

25 ‘‘(B) $842,144,000 for fiscal year 2007; 
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1 ‘‘(C) $920,218,000 for fiscal year 2008; 

2 and 

3 ‘‘(D) $1,002,678,000 for fiscal year 2009. 

4 ‘‘(c) MAJOR CAPITAL INVESTMENT GRANTS.—There 

5 are authorized to be appropriated to carry out section 

6 5309(i)(2)(A)— 

7 ‘‘(1) $1,386,523,000 for fiscal year 2006; 

8 ‘‘(2) $1,465,100,000 for fiscal year 2007; 

9 ‘‘(3) $1,600,927,000 for fiscal year 2008; and 

10 ‘‘(4) $1,744,385,000 for fiscal year 2009. 

11 ‘‘(d) ADMINISTRATION.—There shall be available 

12 from the Mass Transit Account of the Highway Trust 

13 Fund to carry out section 5334— 

14 ‘‘(1) $82,086,000 for fiscal year 2006; 

15 ‘‘(2) $86,738,000 for fiscal year 2007; 

16 ‘‘(3) $94,779,000 for fiscal year 2008; and 

17 ‘‘(4) $103,273,000 for fiscal year 2009. 

18 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

19 ‘‘(1) MASS TRANSIT ACCOUNT FUNDS.—A grant 

20 or contract approved by the Secretary that is fi21 nanced with amounts made available under sub22 section (b)(1), (b)(4), or (d) is a contractual obliga23 tion of the United States Government to pay the 

24 Federal share of the cost of the project. 
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1 ‘‘(2) APPROPRIATED FUNDS.—A grant or con2 tract approved by the Secretary that is financed with 

3 amounts made available under subsection (c) is a 

4 contractual obligation of the United States Govern5 ment to pay the Federal share of the cost of the 

6 project only to the extent that amounts are appro7 priated in advance for such purpose by an Act of 

8 Congress. 

9 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 

10 available by or appropriated under subsections (b) and (c) 

11 shall remain available until expended.’’. 

12 SEC. 37. APPORTIONMENTS BASED ON GROWING STATES 

13 FORMULA FACTORS. 

14 (a) IN GENERAL.—Chapter 53 is amended by adding 

15 at the end the following: 

16 ‘‘§ 5340. Apportionments based on growing States and 

17 high density State formula factors 

18 ‘‘(a) DEFINITION.—In this section, the term ‘State’ 

19 shall mean each of the 50 States of the United States. 

20 ‘‘(b) ALLOCATION.—Of the amounts made available 

21 for each fiscal year under section 5338(b)(2)(J), the Sec22 retary shall apportion— 

23 ‘‘(1) 50 percent to States and urbanized areas 

24 in accordance with subsection (c); and 
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1 ‘‘(2) 50 percent to States and urbanized areas 

2 in accordance with subsection (d). 

3 ‘‘(c) GROWING STATE APPORTIONMENTS.— 

4 ‘‘(1) APPORTIONMENT AMONG STATES.—The 

5 amounts apportioned under subsection (b)(1) shall 

6 provide each State with an amount equal to the total 

7 amount apportioned multiplied by a ratio equal to 

8 the population of that State forecast for the year 

9 that is 15 years after the most recent decennial cen10 sus, divided by the total population of all States 

11 forecast for the year that is 15 years after the most 

12 recent decennial census. Such forecast shall be based 

13 on the population trend for each State between the 

14 most recent decennial census and the most recent 

15 estimate of population made by the Secretary of 

16 Commerce. 

17 ‘‘(2) APPORTIONMENTS BETWEEN URBANIZED

18 AREAS AND OTHER THAN URBANIZED AREAS IN

19 EACH STATE.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 apportion amounts to each State under para22 graph (1) so that urbanized areas in that State 

23 receive an amount equal to the amount appor24 tioned to that State multiplied by a ratio equal 

25 to the sum of the forecast population of all ur-
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1 banized areas in that State divided by the total 

2 forecast population of that State. In making the 

3 apportionment under this subparagraph, the 

4 Secretary shall utilize any available forecasts 

5 made by the State. If no forecasts are available, 

6 the Secretary shall utilize data on urbanized 

7 areas and total population from the most recent 

8 decennial census. 

9 ‘‘(B) REMAINING AMOUNTS.—Amounts re10 maining for each State after apportionment 

11 under subparagraph (A) shall be apportioned to 

12 that State and added to the amount made avail13 able for grants under section 5311. 

14 ‘‘(3) APPORTIONMENTS AMONG URBANIZED

15 AREAS IN EACH STATE.—The Secretary shall appor16 tion amounts made available to urbanized areas in 

17 each State under paragraph (2)(A) so that each ur18 banized area receives an amount equal to the 

19 amount apportioned under paragraph (2)(A) multi20 plied by a ratio equal to the population of each ur21 banized area divided by the sum of populations of all 

22 urbanized areas in the State. Amounts apportioned 

23 to each urbanized area shall be added to amounts 

24 apportioned to that urbanized area under section 
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1 5336, and made available for grants under section 

2 5307. 

3 ‘‘(d) HIGH DENSITY STATE APPORTIONMENTS.— 

4 Amounts to be apportioned under subsection (b)(2) shall 

5 be apportioned as follows: 

6 ‘‘(1) ELIGIBLE STATES.—The Secretary shall 

7 designate as eligible for an apportionment under this 

8 subsection all States with a population density in ex9 cess of 370 persons per square mile. 

10 ‘‘(2) STATE URBANIZED LAND FACTOR.—For 

11 each State qualifying for an apportionment under 

12 paragraph (1), the Secretary shall calculate an 

13 amount equal to— 

14 ‘‘(A) the total land area of the State (in 

15 square miles); multiplied by 

16 ‘‘(B) 370; multiplied by 

17 ‘‘(C)(i) the population of the State in ur18 banized areas; divided by 

19 ‘‘(ii) the total population of the State. 

20 ‘‘(3) STATE APPORTIONMENT FACTOR.—For 

21 each State qualifying for an apportionment under 

22 paragraph (1), the Secretary shall calculate an 

23 amount equal to the difference between the total 

24 population of the State less the amount calculated in 

25 paragraph (2). 
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1 ‘‘(4) STATE APPORTIONMENT.—Each State 

2 qualifying for an apportionment under paragraph 

3 (1) shall receive an amount equal to the amount to 

4 be apportioned under this subsection multiplied by 

5 the amount calculated for the State under paragraph 

6 (3) divided by the sum of the amounts calculated 

7 under paragraph (3) for all States qualifying for an 

8 apportionment under paragraph (1). 

9 ‘‘(5) APPORTIONMENTS BETWEEN URBANIZED

10 AREAS AND OTHER THAN URBANIZED AREAS IN

11 EACH STATE.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 apportion amounts apportioned to each State 

14 under paragraph (4) so that urbanized areas in 

15 that State receive an amount equal to the 

16 amount apportioned to that State multiplied by 

17 a ratio equal to the sum of the population of all 

18 urbanized areas in that State divided by the 

19 total population of that State. 

20 ‘‘(B) REMAINING AMOUNTS.—Amounts re21 maining for each State after apportionment 

22 under subparagraph (a) shall be apportioned to 

23 that State and added to the amount made avail24 able for grants under section 5311. 
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1 ‘‘(6) APPORTIONMENTS AMONG URBANIZED

2 AREAS IN EACH STATE.—The Secretary shall appor3 tion amounts made available to urbanized areas in 

4 each State under paragraph (5)(A) so that each ur5 banized area receives an amount equal to the 

6 amount apportioned under paragraph (5)(A) multi7 plied by a ratio equal to the population of each ur8 banized area divided by the sum of populations of all 

9 urbanized areas in the State. Amounts apportioned 

10 to each urbanized area shall be added to amounts 

11 apportioned to that urbanized area under section 

12 5336, and made available for grants under section 

13 5307.’’. 

14 (b) CONFORMING AMENDMENT.—The table of sec15 tions for chapter 53 is amended by adding at the end the 

16 following: 

‘‘5340. Apportionments based on growing States and high density States formula factors.’’. 

17 SEC. 38. JOB ACCESS AND REVERSE COMMUTE GRANTS. 

18 Section 3037 of the Federal Transit Act of 1998 (49 

19 U.S.C. 5309 note) is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘means an individual’’ 

23 and inserting the following: ‘‘means— 

24 ‘‘(A) an individual’’; and 
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1 (ii) by striking the period at the end 

2 and inserting ‘‘; or 

3 ‘‘(B) an individual who is eligible for as4 sistance under the State program of Temporary 

5 Assistance to Needy Families funded under 

6 part A of title IV of the Social Security Act (42 

7 U.S.C. 601 et. seq.) in the State in which the 

8 recipient of a grant under this section is lo9 cated.’’; and 

10 (B) in paragraph (2), by striking ‘‘develop11 ment of’’ each place it appears and inserting 

12 ‘‘development and provision of’’; 

13 (2) in subsection (i), by amending paragraph 

14 (2) to read as follows: 

15 ‘‘(2) COORDINATION.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 coordinate activities under this section with re18 lated activities under programs of other Federal 

19 departments and agencies. 

20 ‘‘(B) CERTIFICATION.—A recipient of 

21 funds under this section shall certify that— 

22 ‘‘(i) the project has been derived from 

23 a locally developed, coordinated public 

24 transit human services transportation plan; 

25 and 
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1 ‘‘(ii) the plan was developed through a 

2 process that included representatives of 

3 public, private, and nonprofit transpor4 tation and human services providers and 

5 participation by the public.’’; 

6 (3) by amending subsection (j) to read as fol7 lows: 

8 ‘‘(j) GRANT REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) URBANIZED AREAS.—A grant award11 ed under this section to a public agency or pri12 vate company engaged in public transportation 

13 in an urbanized area shall be subject to the all 

14 of the terms and conditions to which a grant 

15 awarded under section 5307 of title 49, United 

16 States Code, is subject, to the extent the Sec17 retary considers appropriate. 

18 ‘‘(B) OTHER THAN URBANIZED AREAS.—A 

19 grant awarded under this section to a public 

20 agency or a private company engaged in public 

21 transportation in an area other than urbanized 

22 areas shall be subject to all of the terms and 

23 conditions to which a grant awarded under sec24 tion 5311 of title 49, United States Code, is 
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1 subject, to the extent the Secretary considers 

2 appropriate. 

3 ‘‘(C) NONPROFIT ORGANIZATIONS.—A 

4 grant awarded under this section to a private 

5 nonprofit organization shall be subject to all of 

6 the terms and conditions to which a grant made 

7 under section 5310 of title 49, United States 

8 Code, is subject, to the extent the Secretary 

9 considers appropriate. 

10 ‘‘(2) SPECIAL WARRANTY.— 

11 ‘‘(A) IN GENERAL.—Section 5333(b) of 

12 title 49, United States Code, shall apply to 

13 grants under this section if the Secretary of 

14 Labor utilizes a Special Warranty that provides 

15 a fair and equitable arrangement to protect the 

16 interests of employees. 

17 ‘‘(B) WAIVER.—The Secretary may waive 

18 the applicability of the Special Warranty under 

19 subparagraph (A) for private non-profit recipi20 ents on a case-by-case basis as the Secretary 

21 considers appropriate.’’; and 

22 (4) by striking subsections (k) and (l). 
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1 SEC. 39. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM. 

2 (a) SECTION HEADING.—The section heading for 

3 section 3038 of the Federal Transit Act of 1998 (49 

4 U.S.C. 5310 note), is amended to read as follows: 

5 ‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PRO6 GRAM.’’. 

7 (b) FUNDING.—Section 3038(g) of the Federal Tran8 sit Act of 1998 (49 U.S.C. 5310 note) is amended to read 

9 as follows: 

10 ‘‘(g) FUNDING.—Of the amounts made available for 

11 each fiscal year under subsections (a)(1)(C)(iii) and 

12 (b)(2)(E) of section 5338 of title 49, United States 

13 Code— 

14 ‘‘(1) 75 percent shall be available, and shall re15 main available until expended, for operators of over16 the-road buses, used substantially or exclusively in 

17 intercity, fixed-route over-the-road bus service, to fi18 nance the incremental capital and training costs of 

19 the Department of Transportation’s final rule re20 garding accessibility of over-the-road buses; and 

21 ‘‘(2) 25 percent shall be available, and shall re22 main available until expended, for operators of over23 the-road bus service not described in paragraph (1), 

24 to finance the incremental capital and training costs 

25 of the Department of Transportation’s final rule re26 garding accessibility of over-the-road buses.’’. 
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1 (c) CONFORMING AMENDMENT.—The item relating 

2 to section 3038 in the table of contents for the Transpor3 tation Equity Act for the 21st Century (Public Law 105– 

4 178) is amended to read as follows: 

‘‘Sec. 3038. Over-the-road bus accessibility program.’’. 

5 SEC. 40. ALTERNATIVE TRANSPORTATION IN PARKS AND 

6 PUBLIC LANDS. 

7 (a) IN GENERAL.—Chapter 53 is amended by insert8 ing after section 5315 the following: 

9 ‘‘§ 5316. Alternative transportation in parks and pub10 lic lands 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) AUTHORIZATION.— 

13 ‘‘(A) IN GENERAL.—The Secretary, in con14 sultation with the Secretary of the Interior, 

15 may award a grant or enter into a contract, co16 operative agreement, interagency agreement, 

17 intraagency agreement, or other transaction to 

18 carry out a qualified project under this section 

19 to enhance the protection of America’s National 

20 Parks and public lands and increase the enjoy21 ment of those visiting the parks and public 

22 lands by ensuring access to all, including per23 sons with disabilities, improving conservation 

24 and park and public land opportunities in 

25 urban areas through partnering with state and 
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1 local governments, and improving park and 

2 public land transportation infrastructure. 

3 ‘‘(B) CONSULTATION WITH OTHER AGEN4 CIES.—To the extent that projects are proposed 

5 or funded in eligible areas that are not within 

6 the jurisdiction of the Department of the Inte7 rior, the Secretary of the Interior shall consult 

8 with the heads of the relevant Federal land 

9 management agencies in carrying out the re10 sponsibilities under this section. 

11 ‘‘(2) USE OF FUNDS.—A grant, cooperative 

12 agreement, interagency agreement, intraagency 

13 agreement, or other transaction for a qualified 

14 project under this section shall be available to fi15 nance the leasing of equipment and facilities for use 

16 in public transportation, subject to any regulation 

17 that the Secretary may prescribe limiting the grant 

18 or agreement to leasing arrangements that are more 

19 cost-effective than purchase or construction. 

20 ‘‘(b) DEFINITIONS.—In this section, the following 

21 definitions shall apply: 

22 ‘‘(1) ELIGIBLE AREA.—The term ‘eligible area’ 

23 means any federally owned or managed park, refuge, 

24 or recreational area that is open to the general pub25 lic, including— 
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1 ‘‘(A) a unit of the National Park System; 

2 ‘‘(B) a unit of the National Wildlife Ref3 uge System; 

4 ‘‘(C) a recreational area managed by the 

5 Bureau of Land Management; and 

6 ‘‘(D) a recreation area managed by the 

7 Bureau of Reclamation. 

8 ‘‘(2) FEDERAL LAND MANAGEMENT AGENCY.— 

9 The term ‘Federal land management agency’ means 

10 a Federal agency that manages an eligible area. 

11 ‘‘(3) ALTERNATIVE TRANSPORTATION.—The 

12 term ‘alternative transportation’ means transpor13 tation by bus, rail, or any other publicly or privately 

14 owned conveyance that provides to the public general 

15 or special service on a regular basis, including sight16 seeing service. 

17 ‘‘(4) QUALIFIED PARTICIPANT.—The term 

18 ‘qualified participant’ means— 

19 ‘‘(A) a Federal land management agency; 

20 or 

21 ‘‘(B) a State, tribal, or local governmental 

22 authority with jurisdiction over land in the vi23 cinity of an eligible area acting with the consent 

24 of the Federal land management agency, alone 

25 or in partnership with a Federal land manage-
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1 ment agency or other Governmental or non2 governmental participant. 

3 ‘‘(5) QUALIFIED PROJECT.—The term ‘qualified 

4 project’ means a planning or capital project in or in 

5 the vicinity of an eligible area that— 

6 ‘‘(A) is an activity described in section 

7 5302, 5303, 5304, 5308, or 5309(a)(1)(A); 

8 ‘‘(B) involves— 

9 ‘‘(i) the purchase of rolling stock that 

10 incorporates clean fuel technology or the 

11 replacement of buses of a type in use on 

12 the date of enactment of this section with 

13 clean fuel vehicles; or 

14 ‘‘(ii) the deployment of alternative 

15 transportation vehicles that introduce inno16 vative technologies or methods; 

17 ‘‘(C) relates to the capital costs of coordi18 nating the Federal land management agency 

19 public transportation systems with other public 

20 transportation systems; 

21 ‘‘(D) provides a nonmotorized transpor22 tation system (including the provision of facili23 ties for pedestrians, bicycles, and nonmotorized 

24 watercraft); 
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1 ‘‘(E) provides waterborne access within or 

2 in the vicinity of an eligible area, as appropriate 

3 to and consistent with this section; or 

4 ‘‘(F) is any other alternative transpor5 tation project that— 

6 ‘‘(i) enhances the environment; 

7 ‘‘(ii) prevents or mitigates an adverse 

8 impact on a natural resource; 

9 ‘‘(iii) improves Federal land manage10 ment agency resource management; 

11 ‘‘(iv) improves visitor mobility and ac12 cessibility and the visitor experience; 

13 ‘‘(v) reduces congestion and pollution 

14 (including noise pollution and visual pollu15 tion); or 

16 ‘‘(vi) conserves a natural, historical, 

17 or cultural resource (excluding rehabilita18 tion or restoration of a non-transportation 

19 facility). 

20 ‘‘(c) FEDERAL AGENCY COOPERATIVE ARRANGE21 MENTS.—The Secretary shall develop cooperative arrange22 ments with the Secretary of the Interior that provide for— 

23 ‘‘(1) technical assistance in alternative trans24 portation; 
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1 ‘‘(2) interagency and multidisciplinary teams to 

2 develop Federal land management agency alternative 

3 transportation policy, procedures, and coordination; 

4 and 

5 ‘‘(3) the development of procedures and criteria 

6 relating to the planning, selection, and funding of 

7 qualified projects and the implementation and over8 sight of the program of projects in accordance with 

9 this section. 

10 ‘‘(d) LIMITATION ON USE OF AVAILABLE

11 AMOUNTS.— 

12 ‘‘(1) IN GENERAL.—The Secretary, in consulta13 tion with the Secretary of the Interior, may use not 

14 more than 10 percent of the amount made available 

15 for a fiscal year under section 5338(b)(2)(H) to 

16 carry out planning, research, and technical assist17 ance under this section, including the development of 

18 technology appropriate for use in a qualified project. 

19 ‘‘(2) ADDITIONAL AMOUNTS.—Amounts made 

20 available under this subsection are in addition to 

21 amounts otherwise available to the Secretary to 

22 carry out planning, research, and technical assist23 ance under this title or any other provision of law. 

24 ‘‘(3) MAXIMUM AMOUNT.—No qualified project 

25 shall receive more than 12 percent of the total 
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1 amount made available to carry out this section 

2 under section 5338(b)(2)(H) for any fiscal year. 

3 ‘‘(e) PLANNING PROCESS.—In undertaking a quali4 fied project under this section— 

5 ‘‘(1) if the qualified participant is a Federal 

6 land management agency— 

7 ‘‘(A) the Secretary, in cooperation with the 

8 Secretary of the Interior, shall develop trans9 portation planning procedures that are con10 sistent with— 

11 ‘‘(i) the metropolitan planning provi12 sions under section 5303 of this title; 

13 ‘‘(ii) the statewide planning provisions 

14 under section 5304 of this title; and 

15 ‘‘(iii) the public participation require16 ments under section 5307(e); and 

17 ‘‘(B) in the case of a qualified project that 

18 is at a unit of the National Park system, the 

19 planning process shall be consistent with the 

20 general management plans of the unit of the 

21 National Park system; and 

22 ‘‘(2) if the qualified participant is a State or 

23 local governmental authority, or more than one 

24 State or local governmental authority in more than 

25 one State, the qualified participant shall— 
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1 ‘‘(A) comply with the metropolitan plan2 ning provisions under section 5303 of this title; 

3 ‘‘(B) comply with the statewide planning 

4 provisions under section 5304 of this title; 

5 ‘‘(C) comply with the public participation 

6 requirements under section 5307(e) of this title; 

7 and 

8 ‘‘(D) consult with the appropriate Federal 

9 land management agency during the planning 

10 process. 

11 ‘‘(f) COST SHARING.— 

12 ‘‘(1) The Secretary, in cooperation with the 

13 Secretary of the Interior, shall establish the agency 

14 share of net project cost to be provided under this 

15 section to a qualified participant. 

16 ‘‘(2) In establishing the agency share of net 

17 project cost to be provided under this section, the 

18 Secretary shall consider— 

19 ‘‘(A) visitation levels and the revenue de20 rived from user fees in the eligible area in 

21 which the qualified project is carried out; 

22 ‘‘(B) the extent to which the qualified par23 ticipant coordinates with a public transpor24 tation authority or private entity engaged in 

25 public transportation; 
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1 ‘‘(C) private investment in the qualified 

2 project, including the provision of contract serv3 ices, joint development activities, and the use of 

4 innovative financing mechanisms; 

5 ‘‘(D) the clear and direct benefit to the 

6 qualified participant; and 

7 ‘‘(E) any other matters that the Secretary 

8 considers appropriate to carry out this section. 

9 ‘‘(3) Notwithstanding any other provision of 

10 law, Federal funds appropriated to any Federal land 

11 management agency may be counted toward the 

12 non-agency share of the net project cost of a quali13 fied project. 

14 ‘‘(g) SELECTION OF QUALIFIED PROJECTS.— 

15 ‘‘(1) The Secretary of the Interior, after con16 sultation with and in cooperation with the Secretary, 

17 shall determine the final selection and funding of an 

18 annual program of qualified projects in accordance 

19 with this section. 

20 ‘‘(2) In determining whether to include a 

21 project in the annual program of qualified projects, 

22 the Secretary of the Interior shall consider— 

23 ‘‘(A) the justification for the qualified 

24 project, including the extent to which the quali25 fied project would conserve resources, prevent 
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1 or mitigate adverse impact, and enhance the en2 vironment; 

3 ‘‘(B) the location of the qualified project, 

4 to ensure that the selected qualified projects— 

5 ‘‘(i) are geographically diverse nation6 wide; and 

7 ‘‘(ii) include qualified projects in eligi8 ble areas located in both urban areas and 

9 rural areas; 

10 ‘‘(C) the size of the qualified project, to 

11 ensure that there is a balanced distribution; 

12 ‘‘(D) the historical and cultural signifi13 cance of a qualified project; 

14 ‘‘(E) safety; 

15 ‘‘(F) the extent to which the qualified 

16 project would— 

17 ‘‘(i) enhance livable communities; 

18 ‘‘(ii) reduce pollution (including noise 

19 pollution, air pollution, and visual pollu20 tion); 

21 ‘‘(iii) reduce congestion; and 

22 ‘‘(iv) improve the mobility of people in 

23 the most efficient manner; and 
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1 ‘‘(G) any other matters that the Secretary 

2 considers appropriate to carry out this section, 

3 including— 

4 ‘‘(i) visitation levels; 

5 ‘‘(ii) the use of innovative financing or 

6 joint development strategies; and 

7 ‘‘(iii) coordination with gateway com8 munities. 

9 ‘‘(h) QUALIFIED PROJECTS CARRIED OUT IN AD10 VANCE.— 

11 ‘‘(1) When a qualified participant carries out 

12 any part of a qualified project without assistance 

13 under this section in accordance with all applicable 

14 procedures and requirements, the Secretary, in con15 sultation with the Secretary of the Interior, may pay 

16 the share of the net capital project cost of a quali17 fied project if— 

18 ‘‘(A) the qualified participant applies for 

19 the payment; 

20 ‘‘(B) the Secretary approves the payment; 

21 and 

22 ‘‘(C) before carrying out that part of the 

23 qualified project, the Secretary approves the 

24 plans and specifications in the same manner as 
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1 plans and specifications are approved for other 

2 projects assisted under this section. 

3 ‘‘(2)(A) The cost of carrying out part of a 

4 qualified project under paragraph (1) includes the 

5 amount of interest earned and payable on bonds 

6 issued by a State or local governmental authority, to 

7 the extent that proceeds of the bond are expended 

8 in carrying out that part. 

9 ‘‘(B) The rate of interest under this paragraph 

10 may not exceed the most favorable rate reasonably 

11 available for the qualified project at the time of bor12 rowing. 

13 ‘‘(C) The qualified participant shall certify, in 

14 a manner satisfactory to the Secretary, that the 

15 qualified participant has exercised reasonable dili16 gence in seeking the most favorable interest rate. 

17 ‘‘(i) RELATIONSHIP TO OTHER LAWS.— 

18 ‘‘(1) SECTION 5307.—A qualified participant 

19 under this section shall be subject to the require20 ments of sections 5307 and 5333(a) to the extent 

21 the Secretary determines to be appropriate. 

22 ‘‘(2) OTHER REQUIREMENTS.—A qualified par23 ticipant under this section is subject to any other 

24 terms, conditions, requirements, and provisions that 

25 the Secretary determines to be appropriate to carry 
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1 out this section, including requirements for the dis2 tribution of proceeds on disposition of real property 

3 and equipment resulting from a qualified project as4 sisted under this section. 

5 ‘‘(3) PROJECT MANAGEMENT PLAN.—If the 

6 amount of assistance anticipated to be required for 

7 a qualified project under this section is not less than 

8 $25,000,000— 

9 ‘‘(A) the qualified project shall, to the ex10 tent the Secretary considers appropriate, be 

11 carried out through a full funding grant agree12 ment, in accordance with section 5309(g); and 

13 ‘‘(B) the qualified participant shall prepare 

14 a project management plan in accordance with 

15 section 5327(a). 

16 ‘‘(i) ASSET MANAGEMENT.—The Secretary, in con17 sultation with the Secretary of the Interior, may transfer 

18 the interest of the Department of Transportation in, and 

19 control over, all facilities and equipment acquired under 

20 this section to a qualified participant for use and disposi21 tion in accordance with any property management regula22 tions that the Secretary determines to be appropriate. 

23 ‘‘(j) COORDINATION OF RESEARCH AND DEPLOY24 MENT OF NEW TECHNOLOGIES.— 
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1 ‘‘(1) The Secretary, in cooperation with the 

2 Secretary of the Interior, may undertake, or make 

3 grants, cooperative agreements, contracts (including 

4 agreements with departments, agencies, and instru5 mentalities of the Federal Government) or other 

6 transactions for research, development, and deploy7 ment of new technologies in eligible areas that will— 

8 ‘‘(A) conserve resources; 

9 ‘‘(B) prevent or mitigate adverse environ10 mental impact; 

11 ‘‘(C) improve visitor mobility, accessibility, 

12 and enjoyment; and 

13 ‘‘(D) reduce pollution (including noise pol14 lution and visual pollution). 

15 ‘‘(2) The Secretary may request and receive ap16 propriate information from any source. 

17 ‘‘(3) Grants, cooperative agreements, contracts 

18 or other transactions under paragraph (1) shall be 

19 awarded from amounts allocated under subsection 

20 (c)(1). 

21 ‘‘(k) INNOVATIVE FINANCING.—A qualified project 

22 receiving financial assistance under this section shall be 

23 eligible for funding through a state infrastructure bank 

24 or other innovative financing mechanism available to fi25 nance an eligible project under this chapter. 
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1 ‘‘(l) REPORTS.— 

2 ‘‘(1) IN GENERAL.—The Secretary, in consulta3 tion with the Secretary of the Interior, shall annu4 ally submit a report on the allocation of amounts 

5 made available to assist qualified projects under this 

6 section to— 

7 ‘‘(A) the Committee on Banking, Housing, 

8 and Urban Affairs of the Senate; and 

9 ‘‘(B) the Committee on Transportation 

10 and Infrastructure of the House of Representa11 tives. 

12 ‘‘(2) ANNUAL AND SUPPLEMENTAL REPORTS.— 

13 The report required under paragraph (1) shall be in14 cluded in the report submitted under section 

15 5309(m).’’. 

16 (b) CONFORMING AMENDMENTS.—The table of sec17 tions for chapter 53 is amended by inserting after the item 

18 relating to section 5315 the following: 

‘‘5316. Alternative transportation in parks and public lands.’’. 

19 SEC. 41. OBLIGATION CEILING. 

20 Notwithstanding any other provision of law, the total 

21 of all obligations from amounts made available from the 

22 Mass Transit Account of the Highway Trust Fund by, and 

23 amounts appropriated under, subsections (a) through (c) 

24 of section 5338 of title 49, United States Code, shall not 

25 exceed— 
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1 (1) $7,646,336,000 for fiscal year 2005; 

2 (2) $8,208,645,000 for fiscal year 2006; 

3 (3) $8,673,850,000 for fiscal year 2007; 

4 (4) $9,477,988,000 for fiscal year 2008; and 

5 (5) $10,327,303,000 for fiscal year 2009. 

6 SEC. 42. ADJUSTMENTS FOR THE SURFACE TRANSPOR7 TATION EXTENSION ACT OF 2004. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, the Secretary shall reduce the total apportion10 ments and allocations made for fiscal year 2005 to each 

11 grant recipient under section 5338 of title 49, United 

12 States Code, by the amount apportioned to that recipient 

13 pursuant to section 8 of the Surface Transportation Ex14 tension Act of 2004 part V (118 Stat. 1154). 

15 (b) FIXED GUIDEWAY MODERNIZATION ADJUST16 MENT.—In making the apportionments described in sub17 section (a), the Secretary shall adjust the amount appor18 tioned for fiscal year 2005 to each urbanized area for fixed 

19 guideway modernization to reflect the apportionment 

20 method set forth in 5337(a) of title 49, United States 

21 Code. 

22 SEC. 43. DISADVANTAGED BUSINESS ENTERPRISE. 

23 Section 1821(a) of the Safe, Accountable, Flexible, 

24 and Efficient Transportation Equity Act of 2005 shall 
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1 apply to all funds authorized or otherwise made available 

2 under this Act. 
Calendar No. 94 

109TH CONGRESS 

1ST SESSION S. 907 

A BILL 

To amend chapter 53 of title 49, United States 

tation and for other purposes. Code, to improve the Nation’s public transporAPRIL 26, 2005 

Read twice and placed on the calendar