II 

109TH CONGRESS 

1ST SESSION S. 514 

To complete construction of the 13-State Appalachian development highway 

system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2005 

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

the Committee on Environment and Public Works 

A BILL 

To complete construction of the 13-State Appalachian 

development highway system, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Appalachian Develop5 ment Highway System Completion Act of 2005’’. 

6 SEC. 2. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated out of the Highway 

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

10 the Appalachian development highway system program 
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1 under section 14501 of title 40, United States Code, 

2 $840,000,000 for each of fiscal years 2005 through 2010. 

3 (b) APPORTIONMENT.—The Secretary shall appor4 tion funds made available by subsection (a) for fiscal years 

5 2005 through 2010 among the States based on the latest 

6 available cost-to-complete estimate for the Appalachian 

7 development highway system under section 14501 of title 

8 40, United States Code, prepared by the Appalachian Re9 gional Commission. 

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

11 available by subsection (a) shall be available for obligation 

12 in the same manner as if the funds were apportioned 

13 under chapter 1 of title 23, United States Code, except 

14 that— 

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

16 carried out using the funds shall be determined in 

17 accordance with section 14501 of title 40, United 

18 States Code; and 

19 (2) the funds shall remain available until ex20 pended. 

21 (d) AVAILABILITY OF FUNDS.—Notwithstanding any 

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

23 of enactment of this Act, any obligation limitation enacted 

24 for any of fiscal years 2005 through 2010 shall not apply 

25 to obligations authorized for the Appalachian development 
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1 highway system program under section 14501 of title 40, 

2 United States Code. 

3 (e) LOANS BETWEEN STATES.— 

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

5 of Transportation, a State that receives an appor6 tionment under subsection (b) may lend any amount 

7 of contract authority or obligation authority avail8 able to the State pursuant to the apportionment to 

9 any other State that is eligible for such an appor10 tionment for use by the borrowing State for activi11 ties eligible under section 14501 of title 40, United 

12 States Code. 

13 (2) REPAYMENT.—Any loan under paragraph 

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

15 2010. 

16 (f) ADMINISTRATIVE EXPENSES.—Section 104(a) of 

17 title 23, United States Code, is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘the Federal lands highway 

20 program under section 204, or the Appalachian 

21 development highway system program under 

22 section 201 of the Appalachian Regional Devel23 opment Act of 1965 (40 U.S.C. App.),’’ and in24 serting ‘‘or the Federal lands highway program 

25 under section 204,’’; and 
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1 (B) in subparagraph (A)— 

2 (i) by striking ‘‘necessary—’’ and all 

3 that follows through ‘‘to administer’’ and 

4 inserting ‘‘necessary to administer’’; and 

5 (ii) by striking clause (ii); 

6 (2) by redesignating paragraphs (2) through 

7 (4) as paragraphs (3) through (5), respectively; and 

8 (3) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY

11 SYSTEM.—Whenever an apportionment is made of 

12 the sums made available for expenditure on the Ap13 palachian development highway system program 

14 under section 14501 of title 40, the Secretary shall 

deduct that sum, in an amount not to exceed 2 15 ⁄5 of 

16 1 percent of the sums made available, as the Sec17 retary determines to be appropriate— 

18 ‘‘(A) to administer that section; and 

19 ‘‘(B) to make transfers to the Appalachian 

20 Regional Commission to pay the costs of admin21 istrative activities associated with the Appa22 lachian development highway system.’’. 

23 (g) MINIMUM GUARANTEE.—Section 105 of title 23, 

24 United States Code, is amended— 
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1 (1) in the first sentence of subsection (a), by 

2 striking ‘‘Appalachian development highway sys3 tem,’’; and 

4 (2) in subsection (c)(1), by striking ‘‘Appa5 lachian development highway system,’’ each place it 

6 appears. 

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