‘‘(3) DEBRIS REMOVAL.—The costs of debris 
removal shall be an eligible expense under this sec-
tion only for— 
‘‘(A) an event not declared a major dis-
aster or emergency by the President under the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.); 
or 
‘‘(B) an event declared a major disaster or 
emergency by the President under that Act if 
the debris removal is not eligible for assistance 
pursuant to section 403, 407, or 502 of that 
Act (42 U.S.C. 5170b, 5173, 5192). 
‘‘(4) TERRITORIES.—The total obligations for 
projects under this section in a fiscal year in the 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands 
may not exceed $20,000,000. 
‘‘(5) TEMPORARY SUBSTITUTE HIGHWAY TRAF-
FIC SERVICE.—Notwithstanding any other provision 
of this chapter, actual and necessary costs of main-
tenance and operation of ferryboats or additional 
transit service providing temporary substitute high-
way traffic service, less the amount of fares charged, 
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may be expended from the emergency fund under 
this section authorized for Federal-aid highways. 
‘‘(6) APPLICATIONS; 
EMERGENCY
DECLARA-
TIONS.—Except as to highways, roads, and trails re-
ferred to in subsection (e), no funds may be ex-
pended under this section unless— 
‘‘(A) a declaration is made— 
‘‘(i) by the Governor of the State and 
concurred in by the Secretary, that an 
emergency exists; or 
‘‘(ii) by the President under the Rob-
ert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et 
seq.) that a major disaster or emergency 
exists; and 
‘‘(B) not later than 2 years after a dec-
laration is made under subparagraph (A), the 
Secretary has received an application for assist-
ance from the State transportation department 
that includes a comprehensive list of potentially 
eligible project sites and repair costs.’’. 
(b) TRIBAL ROADS, FEDERAL LANDS HIGHWAYS, 
AND
PUBLIC
ROADS
ON
FEDERAL
LANDS.—Section 
125(e) is amended to read as follows: 
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‘‘(e) TRIBAL ROADS, FEDERAL LANDS HIGHWAYS, 
AND PUBLIC ROADS ON FEDERAL LANDS.— 
‘‘(1) USE
OF
EMERGENCY
FUND.—Notwith-
standing subsection (d)(1), the Secretary may ex-
pend funds from the emergency fund authorized by 
this section, either independently or in cooperation 
with any other branch of the Government, a State 
agency, tribal organization, organization, or person, 
for the repair or reconstruction of tribal roads, Fed-
eral lands highways, and other federally owned roads 
that are open to public travel, whether or not such 
roads are Federal-aid highways. 
‘‘(2) REIMBURSEMENTS.—The Secretary may 
reimburse Federal agencies, State (including polit-
ical subdivisions of the States) agencies, and Indian 
tribal governments for expenditures made on 
projects determined eligible under this section, in-
cluding expenditures for emergency repairs made be-
fore a determination of eligibility. Such reimburse-
ments to Federal agencies and Indian tribal govern-
ments shall be transferred to the account from 
which the expenditure was made, or to a similar ac-
count that remains available for obligation, and the 
budget authority associated with the expenditure 
shall be restored to the agency from which it was de-
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rived and shall be available for obligation until the 
end of the fiscal year following the year in which the 
transfer occurs. 
‘‘(3) OPEN TO PUBLIC TRAVEL DEFINED.—In 
this subsection, the term ‘open to public travel’ 
means that, except during scheduled periods, ex-
treme weather conditions, or emergencies, the road 
is open to the general public for use with a standard 
passenger auto, without restrictive gates or prohibi-
tive signs or regulations, other than for general traf-
fic control or restrictions based on size, weight, or 
class of registration.’’. 
(c) RULEMAKING.—Not later than 6 months after the 
date of enactment of this Act, the Secretary shall initiate 
a rulemaking to update regulations governing the emer-
gency relief program under section 125 of title 23, United 
States Code, to— 
(1) ensure that allocations are made to States 
only for sums that the State will be able to obligate 
in the current fiscal year; 
(2) determine whether to raise the threshold for 
an eligible event and raise such threshold if war-
ranted; and 
(3) address such other matters as the Secretary 
considers appropriate. 
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(d) IMPROVING PROGRAM IMPLEMENTATION.—The 
Secretary shall take steps to— 
(1) improve training for Federal and State offi-
cials on emergency relief requirements and proc-
esses; 
(2) establish an Internet Web site containing 
information on best practices for the implementation 
of the emergency relief program; 
(3) address program differences with the dis-
aster assistance program of the Federal Emergency 
Management Agency; and 
(4) provide guidance on performing a benefit- 
cost analysis to justify cases in which a betterment 
is eligible for funding under the emergency relief 
program. 
SEC. 1112. UNIFORM TRANSFERABILITY OF FEDERAL-AID 
HIGHWAY FUNDS. 
Section 126 is amended to read as follows: 
‘‘§ 126. Uniform transferability of Federal-aid high-
way funds 
‘‘(a) GENERAL RULE.—Notwithstanding any other 
provision of law, but subject to subsection (b), a State may 
transfer not to exceed 25 percent of the State’s apportion-
ment under paragraph (1), (3), or (5) of section 104(b) 
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ceeding year, and each year thereafter as nec-
essary, the Secretary shall require the State to 
dedicate funds apportioned to the State under 
sections 104(b)(1) and 104(b)(3) to correct the 
noncompliance. 
‘‘(B) AMOUNT.—The amount of the funds 
dedicated to correcting the noncompliance in ac-
cordance with subparagraph (A) shall— 
‘‘(i) be determined by the State based 
on an analysis of the actions needed to ad-
dress the noncompliance; and 
‘‘(ii) require approval by the Sec-
retary. 
‘‘(c) TRAINING PROGRAM FOR BRIDGE AND TUNNEL 
INSPECTORS.—The Secretary, in cooperation with State 
transportation departments, shall establish a program de-
signed to train appropriate personnel to carry out highway 
bridge and tunnel inspections. 
‘‘(d) AVAILABILITY OF FUNDS.—In carrying out this 
section— 
‘‘(1) the Secretary may use funds made avail-
able to the Secretary under sections 104(a) and 503; 
‘‘(2) a State may use amounts apportioned to 
the State under sections 104(b)(1), 104(b)(3), and 
104(b)(5); 
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