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‘‘(iii) over the life of the MAGLEV
project, total project benefits will exceed
total project costs; and
‘‘(iv) the proposed capital financing
plan is realistic and does not assume Fed-
eral assistance that is greater than the
maximums specified in clause (ii).
‘‘(C) PROJECTS
SELECTED.—If the Sec-
retary determines that a MAGLEV project meets
the criteria established under subparagraph (B),
the Secretary shall—
‘‘(i) select that project for Federal
Phase II support; and
‘‘(ii) publish in the Federal Register a
notice of intent to prepare an environ-
mental impact statement or similar anal-
ysis required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
‘‘(d) PHASE III—DEPLOYMENT.—The State, State-
designated agency, multistate-designated agency, or special
purpose entity that is part of a public-private partnership
(meeting the TEA–21 criteria) sponsoring a MAGLEV
project that has completed a final environmental impact
statement or similar analysis required under the National
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Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
for both the MAGLEV project and the entire corridor of
which the MAGLEV project is the initial operating seg-
ment, and has completed planning studies for the construc-
tion, operation, and maintenance of the MAGLEV project,
under this or any other program, may submit an applica-
tion to the Secretary for Federal funding of a portion of
the capital costs of planning, financing, constructing, and
equipping the preferred alternative identified in the final
environmental impact statement or analysis.
‘‘(e) FINANCIAL ASSISTANCE.—
‘‘(1) IN
GENERAL.—The Secretary shall make
available financial assistance to pay the Federal
share of the full project costs of projects selected under
this section.
‘‘(2) PREVAILING
WAGE
AND
CERTAIN
TEA–21
CRITERIA.—Sections 5333(a) and the TEA–21 cri-
teria, shall apply to financial assistance made avail-
able under this section and projects funded with that
assistance.
‘‘(3) FEDERAL SHARE.—
‘‘(A) PHASE I AND PHASE II.—For Phase
I—preconstruction planning and Phase II—en-
vironmental impact studies carried out under
subsections (b) and (c), respectively, the Federal
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share of the costs of the planning and studies
shall be not more than 2⁄3 of the full cost of the
planning and studies.
‘‘(B) PHASE III.—For Phase III—deploy-
ment projects carried out under subsection (d),
not more than 2⁄3 of the full capital cost of such
a project shall be made available from funds ap-
propriated for this program.
‘‘(4) FUNDING.—
‘‘(A) CONTRACT
AUTHORITY; AUTHORIZA-
TION OF APPROPRIATIONS.—
‘‘(i) IN GENERAL.—There is authorized
to be appropriated from the Highway Trust
Fund (other than the Mass Transit Ac-
count) for fiscal years 2005 through 2009 to
carry out this section—
‘‘(I) $10,000,000 for Phase I—
preconstruction planning studies;
‘‘(II) $20,000,000 for Phase II—
environmental impact studies; and
‘‘(III) 
$60,000,000 
for 
Phase
III—deployment projects.
‘‘(ii) OBLIGATION AUTHORITY.—Funds
authorized by this subparagraph shall be
available for obligation in the same manner
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as if the funds were apportioned under
chapter I, except that—
‘‘(I) the Federal share of the cost
of the project shall be in accordance
with paragraph (2); and
‘‘(II) the availability of the funds
shall be in accordance with subsection
(f).
‘‘(B) NONCONTRACT
AUTHORITY
AUTHOR-
IZATION OF APPROPRIATIONS.—
‘‘(i) PHASE I.—There are authorized to
be appropriated from the Highway Trust
Fund (other than the Mass Transit Ac-
count) 
to 
carry 
out 
Phase 
I—
preconstruction planning studies under sub-
section (b)—
‘‘(I) $6,000,000 for fiscal year
2005; and
‘‘(II) $2,000,000 for each of fiscal
years 2006 through 2009.
‘‘(ii) PHASE II.—There are authorized
to be appropriated from the Highway Trust
Fund (other than the Mass Transit Ac-
count) to carry out Phase II—environ-
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mental impact studies under subsection
(c)—
‘‘(I) $25,000,000 for fiscal year
2005;
‘‘(II) $37,000,000 for fiscal year
2006;
‘‘(III) $21,000,000 for fiscal year
2007; and
‘‘(IV) $9,000,000 for each of fiscal
years 2008 and 2009.
‘‘(iii) PHASE III.—There are author-
ized to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) to carry out Phase III—deploy-
ment projects under subsection (d)—
‘‘(I) $500,000,000 for fiscal year
2005;
‘‘(II) $650,000,000 for fiscal year
2006;
‘‘(III) $850,000,000 for fiscal year
2007;
‘‘(IV) $850,000,000 for fiscal year
2008; and
‘‘(V) $600,000,000 for fiscal year
2009.
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‘‘(iv) 
PROGRAM
ADMINISTRATION.—
There are authorized to be appropriated
from the Highway Trust Fund (other than
the Mass Transit Account) to carry out ad-
ministration of this program—
‘‘(I) $13,000,000 for fiscal year
2005;
‘‘(II) $16,000,000 for fiscal year
2006;
‘‘(III) $8,000,000 for fiscal year
2007; and
‘‘(IV) $5,000,000 for each of fiscal
years 2008 and 2009.
‘‘(v) RESEARCH AND DEVELOPMENT.—
There is authorized to be appropriated from
the Highway Trust Fund (other than the
Mass Transit Account) to carry out research
and 
development 
activities 
to 
reduce
MAGLEV deployment costs $4,000,000 for
each of fiscal years 2005 through 2009.
‘‘(f) AVAILABILITY OF FUNDS.—Funds made available
under subsection (e) shall remain available until expended.
‘‘(g) OTHER FEDERAL FUNDS.—Funds made available
to a State to carry out the surface transportation program
under section 133 and the congestion mitigation and air
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quality improvement programs under section 149 may be
used by any State to pay a portion of the full project costs
of an eligible project selected under this section, without re-
quirement for non-Federal funds.
‘‘(h) OTHER FEDERAL FUNDS.—A project selected for
funding under this section shall be eligible for other forms
of financial assistance provided by this title and title V of
the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821 et seq.), including loans, loan guaran-
tees, and lines of credit.
‘‘(i) MANDATORY ADDITIONAL SELECTION.—
‘‘(1) IN GENERAL.—Subject to paragraph 2, in
selecting projects for preconstruction planning, de-
ployment, and financial assistance, the Secretary
may only provide funds to MAGLEV projects that
meet the criteria established under subsection (b)(4).
‘‘(2) PRIORITY
FUNDING.—The Secretary shall
give priority funding to a MAGLEV project that—
‘‘(A) has already met the TEA–21 criteria
and has received funding prior to the date of en-
actment of the Safe, Affordable, Flexible, and Ef-
ficient Transportation Equity Act of 2005 as a
result of evaluation and contracting procedures
for MAGLEV transportation, to the extent that
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the project continues to fulfill the requirements of
this section;
‘‘(B) to the maximum extent practicable,
has met safety guidelines established by the Sec-
retary to protect the health and safety of the
public;
‘‘(C) is based on designs that ensure the
greatest life cycle advantages for the project;
‘‘(D) contains domestic content of at least
70 percent; and
‘‘(E) is designed and developed through
public/private partnership entities and continues
to meet the TEA–21 criteria relating to public/
private partnerships.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 3 of title 23, United States Code, is amended by
striking the item relating to section 322 and inserting the
following:
‘‘322. High-speed magnetic levitation system deployment program.’’.
SEC. 1820. DONATIONS AND CREDITS.
Section 323 of title 23, United States Code, is
amended—
(1) in the first sentence of subsection (c), by in-
serting ‘‘, or a local government from offering to do-
nate funds, materials, or services performed by local
government employees,’’ after ‘‘services’’; and
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(2) striking subsection (e).
SEC. 1821. DISADVANTAGED BUSINESS ENTERPRISES.
(a) GENERAL RULE.—Except to the extent that the
Secretary determines otherwise, not less than 10 percent of
the amounts made available for any program under titles
I, II, and VI of this Act shall be expended with small busi-
ness concerns owned and controlled by socially and eco-
nomically disadvantaged individuals.
(b) DEFINITIONS.—In this section:
(1) SMALL BUSINESS CONCERN.—
(A) IN GENERAL.—The term ‘‘small busi-
ness concern’’ has the meaning given the term
under section 3 of the Small Business Act (15
U.S.C. 632).
(B) EXCLUSION.—The term ‘‘small business
concern’’ does not include any concern or group
of concerns controlled by the same socially and
economically disadvantaged individual or indi-
viduals that has average annual gross receipts
over the preceding 3 fiscal years in excess of
$18,308,420, as adjusted by the Secretary for in-
flation.
(2) SOCIALLY
AND
ECONOMICALLY
DISADVAN-
TAGED
INDIVIDUALS.—The term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the mean-
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ing given the term under section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcon-
tracting regulations promulgated under that section,
except that women shall be presumed to be socially
and economically disadvantaged individuals for the
purposes of this section.
(c) ANNUAL LISTING OF DISADVANTAGED BUSINESS
ENTERPRISES.—Each State shall annually survey and
compile a list of the small business concerns referred to in
subsection (a) and the location of such concerns in the State
and notify the Secretary, in writing, of the percentage of
such concerns which are controlled by women, by socially
and economically disadvantaged individuals (other than
women), and by individuals who are women and are other-
wise socially and economically disadvantaged individuals.
(d) UNIFORM CERTIFICATION.—The Secretary shall es-
tablish minimum uniform criteria for State governments
to use in certifying whether a concern qualifies for purposes
of this section. Such minimum uniform criteria shall in-
clude on-site visits, personal interviews, licenses, analysis
of stock ownership, listing of equipment, analysis of bond-
ing capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(e) COMPLIANCE WITH COURT ORDERS.—Nothing in
this section limits the eligibility of an entity or person to
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receive funds made available under titles I, III, and V of
this Act, if the entity or person is prevented, in whole or
in part, from complying with subsection (a) because a Fed-
eral court issues a final order in which the court finds that
the requirement of subsection (a), or the program estab-
lished under subsection (a), is unconstitutional.
SEC. 1822. ƒRESERVED.≈
SEC. 1823. PRIORITY FOR PEDESTRIAN AND BICYCLE FACIL-
ITY ENHANCEMENT PROJECTS.
Section 133(e)(5) of title 23, United States Code, is
amended by adding at the end the following:
‘‘(D) PRIORITY FOR PEDESTRIAN AND BICY-
CLE
FACILITY
ENHANCEMENT
PROJECTS.—The
Secretary shall encourage States to give priority
to pedestrian and bicycle facility enhancement
projects that include a coordinated physical ac-
tivity or healthy lifestyles program.’’.
SEC. 1824. THE DELTA REGIONAL AUTHORITY.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code (as amended by section 1814(a)),
is amended by adding at the end the following:
‘‘§ 178. Delta Region transportation development pro-
gram
‘‘(a) IN GENERAL.—The Secretary shall carry out a
program to—
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‘‘(1) support and encourage multistate transpor-
tation planning and corridor development;
‘‘(2) provide for transportation project develop-
ment;
‘‘(3) facilitate transportation decisionmaking;
and
‘‘(4) support transportation construction.
‘‘(b) ELIGIBLE RECIPIENTS.—A State transportation
department or metropolitan planning organization may re-
ceive and administer funds provided under the program.
‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary shall make
allocations under the program for multistate highway plan-
ning, development, and construction projects.
‘‘(d) OTHER PROVISIONS REGARDING ELIGIBILITY.—
All activities funded under this program shall be consistent
with the continuing, cooperative, and comprehensive plan-
ning processes required by section 134 and 135.
‘‘(e) SELECTION CRITERIA.—The Secretary shall select
projects to be carried out under the program based on—
‘‘(1) whether the project is located—
‘‘(A) in an area that is part of the Delta
Regional Authority; and
‘‘(B) on the Federal-aid system;
‘‘(2) endorsement of the project by the State de-
partment of transportation; and
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‘‘(3) evidence of the ability to complete the
project.
‘‘(f) PROGRAM PRIORITIES.—In administering the
program, the Secretary shall—
‘‘(1) encourage State and local officials to work
together to develop plans for multimodal and multi-
jurisdictional transportation decisionmaking; and
‘‘(2) give priority to projects that emphasize
multimodal planning, including planning for oper-
ational improvements that—
‘‘(A) increase the mobility of people and
goods;
‘‘(B) improve the safety of the transpor-
tation system with respect to catastrophic—
‘‘(i) natural disasters; or
‘‘(ii) disasters caused by human activ-
ity; and
‘‘(C) contribute to the economic vitality of
the area in which the project is being carried
out.
‘‘(g) FEDERAL SHARE.—Amounts provided by the
Delta Regional Authority to carry out a project under this
section shall be applied to the non-Federal share required
by section 120.
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‘‘(h) AVAILABILITY OF FUNDS.—Amounts made avail-
able to carry out this section shall remain available until
expended.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code (as amended by
section 1814(b)), is amended by adding at the end the fol-
lowing:
‘‘178. Delta Region transportation development program.’’.
SEC. 1825. MULTISTATE INTERNATIONAL CORRIDOR DEVEL-
OPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish a
program to develop international trade corridors to facili-
tate the movement of freight from international ports of
entry and inland ports through and to the interior of the
United States.
(b) ELIGIBLE RECIPIENTS.—State transportation de-
partments and metropolitan planning organizations shall
be eligible to receive and administer funds provided under
the program.
(c) ELIGIBLE ACTIVITIES.—The Secretary shall make
allocations under this program for any activity eligible for
funding under title 23, United States Code, including
multistate highway and multistate multimodal planning
and project construction.
(d) OTHER PROVISIONS REGARDING ELIGIBILITY.—
All activities funded under this program shall be consistent
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with the continuing, cooperative, and comprehensive plan-
ning processes required by sections 134 and 135 of title 23,
United States Code.
(e) SELECTION CRITERIA.—The Secretary shall only
select projects for corridors—
(1) that have significant levels or increases in
truck and traffic volume relating to international
freight movement;
(2) connect to at least 1 international terminus
or inland port;
(3) traverse at least 3 States; and
(4) are identified by section 1105(c) of the Inter-
modal Transportation Efficiency Act of 1991 (Public
Law 102–240; 105 Stat. 2032).
(f) PROGRAM PRIORITIES.—In administering the pro-
gram, the Secretary shall—
(1) encourage and enable States and other juris-
dictions to work together to develop plans for
multimodal and multijurisdictional transportation
decisionmaking; and
(2) give priority to studies that emphasize
multimodal planning, including planning for oper-
ational improvements that increase mobility, freight
productivity, access to marine ports, safety, and secu-
rity while enhancing the environment.
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(g) FEDERAL SHARE.—The Federal share required for
any study carried out under this section shall be available
for obligation in the same manner as if the funds were ap-
portioned under chapter I of title 23, United States Code.
SEC. 1826. AUTHORIZATION OF CONTRACT AUTHORITY FOR
STATES WITH INDIAN RESERVATIONS.
Section 1214(d)(5)(A) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 202 note; 112 Stat.
206) is amended by striking ‘‘$1,500,000 for each of fiscal
years 1998 through 2003’’ and inserting ‘‘$1,800,000 for
each of fiscal years 2005 through 2009’’.
SEC. 1827. VALUE PRICING PILOT PROGRAM.
Section 1012(b)(1) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) is amended in the first sentence by striking
‘‘The Secretary’’ and inserting ‘‘For fiscal year 2005 and
each fiscal year thereafter, the Secretary’’.
SEC. 1828. CREDIT TO STATE OF LOUISIANA FOR STATE
MATCHING FUNDS.
(a) IN GENERAL.—The Secretary may provide a credit
to the State of Louisiana in an amount equal to the cost
of any planning, engineering, design, or construction work
carried out by the State on any project that the Secretary
determines is in accordance with the project numbered 202
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under section 1602 of the Transportation Equity Act for
the 21st Century (Public Law 105–178; 112 Stat. 256).
(b) ELIGIBILITY OF CREDIT.—The credit shall be eligi-
ble for use for any future payment relating to the comple-
tion of a project described in subsection (a) that is required
by the State under title 23, United States Code.
SEC. 1829. APPROVAL AND FUNDING FOR CERTAIN CON-
STRUCTION PROJECTS.
(a) IN GENERAL.—Not later than 30 days after the
date of receipt by the Secretary of a construction authoriza-
tion request from the State transportation department for
the State of Georgia for project number STP–189–1(15)CT
3 in Gwinnett County, Georgia, the Secretary shall—
(1) approve the project; and
(2) reserve such Federal funds available to the
Secretary as are necessary to carry out the project.
(b) CONFORMITY DETERMINATION.—
(1) IN GENERAL.—Approval, funding, and im-
plementation of the project referred to in subsection
(a) shall not be subject to the requirements of part 93
of title 40, Code of Federal Regulations (or successor
regulations).
(2) 
REGIONAL
EMISSIONS.—Notwithstanding
paragraph (1), all subsequent regional emission anal-
yses required by section 93.118 or 93.119 of title 40,
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Code of Federal Regulations (or successor regula-
tions), shall include the project.
SEC. 1830. NOTICE REGARDING PARTICIPATION OF SMALL
BUSINESS CONCERNS.
The Secretary of Transportation shall notify each
State or political subdivision of a State to which the Sec-
retary of Transportation awards a grant or other Federal
funds of the criteria for participation by a small business
concern in any program or project that is funded, in whole
or in part, by the Federal Government under section 155
of the Small Business Reauthorization and Manufacturing
Assistance Act of 2004 (15 U.S.C. 567g).
SEC. 1831. ALASKA WAY VIADUCT STUDY.
(a) FINDINGS.—Congress finds that—
(1) in 2001, the Alaska Way Viaduct, a critical
segment of the National Highway System in Seattle,
Washington, was seriously damaged by the Nisqually
earthquake;
(2) an effort to address the possible repair, ret-
rofit, or replacement of the Alaska Way Viaduct that
conforms with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is underway; and
(3) as a result of the efforts referred to in para-
graph (1), a locally preferred alternative for the Alas-
ka Way Viaduct is being developed.
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(b) DEFINITIONS.—In this section:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal High-
way Administration.
(2) CITY.—The term ‘‘City’’ means the city of
Seattle, Washington.
(3) 
EARTHQUAKE.—The 
term 
‘‘earthquake’’
means the Nisqually earthquake of 2001.
(4) FUND.—The term ‘‘Fund’’ means the emer-
gency fund authorized under section 125 of title 23,
United States Code.
(5) STATE.—The term ‘‘State’’ means the Wash-
ington State Department of Transportation.
(6) VIADUCT.—The term ‘‘Viaduct’’ means the
Alaska Way Viaduct.
(c) STUDY.—
(1) IN GENERAL.—As soon as practicable after
the date of enactment of this Act, the Administrator,
in cooperation with the State and the City, shall con-
duct a comprehensive study to determine the specific
damage to the Viaduct from the earthquake that con-
tribute to the ongoing degradation of the Viaduct.
(2) REQUIREMENTS.—The study under para-
graph (1) shall—
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(A) identify any repair, retrofit, and re-
placement costs for the Viaduct that are eligible
for additional assistance from the Fund, con-
sistent with the emergency relief manual gov-
erning eligible expenses from the Fund; and
(B) determine the amount of assistance
from the Fund for which the Viaduct is eligible.
(3) REPORT.—Not later than 180 days after the
date of enactment of this Act, the Administrator shall
submit to Congress a report that describes the find-
ings of the study.
SEC. 1832. BRIDGE CONSTRUCTION, NORTH DAKOTA.
Notwithstanding any other provision of law, and re-
gardless of the source of Federal funds, the Federal share
of the eligible costs of construction of a bridge between Bis-
marck, North Dakota, and Mandan, North Dakota, shall
be 90 percent.
SEC. 1833. COMMUNITY ENHANCEMENT STUDY.
(a) IN GENERAL.—The Secretary shall conduct a
study on—
(1) the role of well-designed transportation
projects in—
(A) promoting economic development;
(B) protecting public health, safety, and the
environment; and
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(C) enhancing the architectural design and
planning of communities; and
(2) the positive economic, cultural, aesthetic, sce-
nic, architectural, and environmental benefits of those
projects for communities.
(b) CONTENTS.—The study shall address—
(1) the degree to which well-designed transpor-
tation projects—
(A) have positive economic, cultural, aes-
thetic, scenic, architectural, and environmental
benefits for communities;
(B) protect and contribute to improvements
in public health and safety; and
(C) use inclusive public participation proc-
esses to achieve quicker, more certain, and better
results;
(2) the degree to which positive results are
achieved by linking transportation, design, and the
implementation of community visions for the future;
and
(3) methods of facilitating the use of successful
models or best practices in transportation investment
or development to accomplish—
(A) enhancement of community identity;
(B) protection of public health and safety;
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(C) provision of a variety of choices in
housing, shopping, transportation, employment,
and recreation;
(D) preservation and enhancement of exist-
ing infrastructure; and
(E) creation of a greater sense of commu-
nity through public involvement.
(c) ADMINISTRATION.—
(1) IN GENERAL.—To carry out this section, the
Secretary shall make a grant to, or enter into a coop-
erative agreement or contract with, a national orga-
nization with expertise in the design of a wide range
of transportation and infrastructure projects, includ-
ing the design of buildings, public facilities, and sur-
rounding communities.
(2) FEDERAL SHARE.—Notwithstanding section
1221(e)(2) of the Transportation Equity Act for the
21st Century (23 U.S.C. 101 note), the Federal share
of the cost of the study under this section shall be 100
percent.
(d) REPORT.—Not later than September 20, 2006, the
Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the results of the study under this section.