II 

111TH CONGRESS 

1ST SESSION S. 308 

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

and development in rural States through highway investment, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2009 

Mr. BAUCUS (for himself, Mr. TESTER, Mr. THUNE, Mr. CONRAD, Mr. 

CRAPO, and Mr. BROWNBACK) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

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

opportunity and development in rural States through 

highway investment, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rural Opportunity and 

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


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1 SEC. 2. FINDINGS. 

2 Congress finds that investment in highway preserva3 tion and improvement is essential to the economic develop4 ment and well-being of rural areas. 

5 SEC. 3. RURAL OPPORTUNITY AND DEVELOPMENT PRO6 GRAM. 

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

8 23, United States Code, is amended by inserting after sec9 tion 149 the following: 

10 ‘‘§ 150. Rural opportunity and development program 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab12 lish and implement a rural opportunity and development 

13 program to promote opportunity and economic develop14 ment in rural States by allocating funds to States for the 

15 preservation and improvement of highways. 

16 ‘‘(b) STATE ALLOCATIONS.— 

17 ‘‘(1) IN GENERAL.—Funds authorized to be ap18 propriated for the program established under sub19 section (a) shall be allocated for each fiscal year 

20 among States in accordance with this subsection. 

21 ‘‘(2) STATE SHARES.—The Secretary shall de22 termine the number of shares to be allocated among 

23 eligible States by assigning— 

24 ‘‘(A) 6 shares to each State with a popu25 lation density of 20 or fewer individuals per 

26 square mile of land area; 


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1 ‘‘(B) 3 shares to each State with a popu2 lation density of between 20 and 40 individuals 

3 per square mile of land area; 

4 ‘‘(C) 1 share to each State with a popu5 lation density of between 40 and 70 individuals 

6 per square mile of land area; and 

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

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

9 population density of greater than 70 individ10 uals per square mile of land area. 

11 ‘‘(3) USE OF 2000 DECENNIAL CENSUS.—In de12 termining the population density of States under 

13 paragraph (2), the Secretary shall use data con14 tained in the 2000 decennial census. 

15 ‘‘(4) CALCULATION OF SHARES.—For each fis16 cal year, for each share assigned to a State under 

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

18 State an amount equal to the quotient obtained by 

19 dividing— 

20 ‘‘(A) $1,000,000,000; by 

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

22 under paragraph (2) for the fiscal year. 

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

24 the program established under subsection (a)— 


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1 ‘‘(1) may be used for any type of project eligi2 ble under section 133; 

3 ‘‘(2) are not subject to other provisions of sec4 tion 133; and 

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

6 within the geographical boundaries of an area that 

7 has been identified or designated as a transportation 

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

9 (b) CONFORMING AMENDMENT.—The analysis for 

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

11 inserting after the item relating to section 149 the fol12 lowing: 

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

13 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

14 From amounts available in the Highway Trust Fund 

15 (other than the Mass Transit Account), there is author16 ized to be appropriated, for fiscal year 2010 and for each 

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

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

19 development program established under section 150 

20 of title 23, United States Code; 

21 (2) shall remain available until expended; and 

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

23 funds were apportioned under chapter 1 of title 23, 

24 United States Code; but 


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1 (B) shall not be subject to any limitation on ob2 ligations. 

Æ 


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