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‘‘(II) available for obligation in
the same manner as if the funds were
apportioned under this chapter.
‘‘(C) OBLIGATION AUTHORITY.—Obligation
authority shall be transferred to the General
Services Administration in the same manner
and amount as the funds transferred under sub-
paragraph (A).’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as
amended by section 1809(b)), is amended by adding at the
end the following:
‘‘172. Border planning, operations, technology, and capacity program.’’.
SEC. 1811. PUERTO RICO HIGHWAY PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code (as amended by section 1810(a)),
is amended by adding at the end the following:
‘‘§ 173. Puerto Rico highway program
‘‘(a) IN GENERAL.—The Secretary shall allocate funds
authorized by section 1101(15) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2005
for each of fiscal years 2005 through 2009 to the Common-
wealth of Puerto Rico to carry out a highway program in
the Commonwealth.
‘‘(b) APPLICABILITY OF TITLE.—
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‘‘(1) IN GENERAL.—Amounts made available by
section 1101(15) of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of 2005
shall be available for obligation in the same manner
as if such funds were apportioned under this chapter.
‘‘(2) 
LIMITATION
ON
OBLIGATIONS.—The
amounts shall be subject to any limitation on obliga-
tions for Federal-aid highway and highway safety
construction programs.
‘‘(c) TREATMENT OF FUNDS.—Amounts made avail-
able to carry out this section for a fiscal year shall be ad-
ministered as follows:
‘‘(1) APPORTIONMENT.—For the purpose of im-
posing any penalty under this title or title 49, the
amounts shall be treated as being apportioned to
Puerto Rico under sections 104(b) and 144, for each
program funded under those sections in an amount
determined by multiplying—
‘‘(A) the aggregate of the amounts for the
fiscal year; by
‘‘(B) the ratio that—
‘‘(i) the amount of funds apportioned
to Puerto Rico for each such program for
fiscal year 1997; bears to
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‘‘(ii) the total amount of funds appor-
tioned to Puerto Rico for all such programs
for fiscal year 1997.
‘‘(2) PENALTY.—The amounts treated as being
apportioned to Puerto Rico under each section re-
ferred to in paragraph (1) shall be deemed to be re-
quired to be apportioned to Puerto Rico under that
section for purposes of the imposition of any penalty
under this title and title 49.
‘‘(3) EFFECT ON ALLOCATIONS AND APPORTION-
MENTS.—Subject to paragraph (2), nothing in this
section affects any allocation under section 105 and
any apportionment under sections 104 and 144.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as
amended by section 1810(b)), is amended by adding at the
end the following:
‘‘173. Puerto Rico highway program.’’.
SEC. 1812. NATIONAL HISTORIC COVERED BRIDGE PRESER-
VATION.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code (as amended by section 1811(a)),
is amended by adding at the end the following:
‘‘§ 174. National historic covered bridge preservation
‘‘(a) DEFINITION OF HISTORIC COVERED BRIDGE.—
In this section, the term ‘historic covered bridge’ means a
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covered bridge that is listed or eligible for listing on the
National Register of Historic Places.
‘‘(b) HISTORIC COVERED BRIDGE PRESERVATION.—
Subject to the availability of appropriations, the Secretary
shall—
‘‘(1) collect and disseminate information on his-
toric covered bridges;
‘‘(2) conduct educational programs relating to
the history and construction techniques of historic
covered bridges;
‘‘(3) conduct research on the history of historic
covered bridges; and
‘‘(4) conduct research on, and study techniques
for, protecting historic covered bridges from rot, fire,
natural disasters, or weight-related damage.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—Subject to the availability of
appropriations, the Secretary shall make a grant to
a State that submits an application to the Secretary
that demonstrates a need for assistance in carrying
out 1 or more historic covered bridge projects de-
scribed in paragraph (2).
‘‘(2) ELIGIBLE PROJECTS.—A grant under para-
graph (1) may be made for a project—
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‘‘(A) to rehabilitate or repair a historic cov-
ered bridge; or
‘‘(B) to preserve a historic covered bridge,
including through—
‘‘(i) installation of a fire protection
system, including a fireproofing or fire de-
tection system and sprinklers;
‘‘(ii) installation of a system to pre-
vent vandalism and arson; or
‘‘(iii) relocation of a bridge to a pres-
ervation site.
‘‘(3) AUTHENTICITY
REQUIREMENTS.—A grant
under paragraph (1) may be made for a project only
if—
‘‘(A) to the maximum extent practicable, the
project—
‘‘(i) is carried out in the most histori-
cally appropriate manner; and
‘‘(ii) preserves the existing structure of
the historic covered bridge; and
‘‘(B) the project provides for the replace-
ment of wooden components with wooden compo-
nents, unless the use of wood is impracticable for
safety reasons.
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‘‘(4) FEDERAL SHARE.—Except as provided in
section 120, the Federal share of the cost of a project
carried out with a grant under this subsection shall
be 80 percent.
‘‘(d) FUNDING.—There is authorized to be appro-
priated to carry out this section $13,140,805 for each of
fiscal years 2005 through 2009, to remain available until
expended.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as
amended by section 1811(b)), is amended by adding at the
end the following:
‘‘174. National historic covered bridge preservation.’’.
SEC. 1813. TRANSPORTATION AND COMMUNITY AND SYS-
TEM PRESERVATION PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code (as amended by section 1812(a)),
is amended by adding at the end the following:
‘‘§ 175. Transportation and community and system
preservation program
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
a comprehensive program to facilitate the planning, devel-
opment, and implementation of strategies by States, metro-
politan planning organizations, federally-recognized Indian
tribes, and local governments to integrate transportation,
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community, and system preservation plans and practices
that address the goals described in subsection (b).
‘‘(b) GOALS.—The goals of the program are to—
‘‘(1) improve the efficiency of the transportation
system in the United States;
‘‘(2) reduce the impacts of transportation on the
environment;
‘‘(3) reduce the need for costly future investments
in public infrastructure;
‘‘(4) provide efficient access to jobs, services, and
centers of trade; and
‘‘(5) examine development patterns, and to iden-
tify strategies, to encourage private sector develop-
ment patterns that achieve the goals identified in
paragraphs (1) through (4).
‘‘(c) ALLOCATION OF FUNDS FOR IMPLEMENTATION.—
‘‘(1) IN GENERAL.—The Secretary shall allocate
funds made available to carry out this subsection to
States, metropolitan planning organizations, and
local governments to carry out projects to address
transportation efficiency and community and system
preservation.
‘‘(2) CRITERIA.—In allocating funds made avail-
able to carry out this subsection, the Secretary shall
give priority to applicants that—
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‘‘(A) have instituted preservation or devel-
opment plans and programs that—
‘‘(i) meet the requirements of this title
and chapter 53 of title 49, United States
Code; and
‘‘(ii)(I) are coordinated with State and
local adopted preservation or development
plans;
‘‘(II) are intended to promote cost-ef-
fective and strategic investments in trans-
portation infrastructure that minimize ad-
verse impacts on the environment; or
‘‘(III) are intended to promote innova-
tive private sector strategies.
‘‘(B) have instituted other policies to inte-
grate transportation and community and system
preservation practices, such as—
‘‘(i) spending policies that direct funds
to high-growth areas;
‘‘(ii) urban growth boundaries to guide
metropolitan expansion;
‘‘(iii) ‘green corridors’ programs that
provide access to major highway corridors
for areas targeted for efficient and compact
development; or
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‘‘(iv) other similar programs or poli-
cies as determined by the Secretary;
‘‘(C) have preservation or development poli-
cies that include a mechanism for reducing po-
tential impacts of transportation activities on
the environment;
‘‘(D) examine ways to encourage private
sector investments that address the purposes of
this section; and
‘‘(E) propose projects for funding that ad-
dress the purposes described in subsection (b)(2).
‘‘(3) EQUITABLE DISTRIBUTION.—In allocating
funds to carry out this subsection, the Secretary shall
ensure the equitable distribution of funds to a diver-
sity of populations and geographic regions.
‘‘(4) USE OF ALLOCATED FUNDS.—
‘‘(A) IN GENERAL.—An allocation of funds
made available to carry out this subsection shall
be used by the recipient to implement the
projects proposed in the application to the Sec-
retary.
‘‘(B) TYPES OF PROJECTS.—The allocation
of funds shall be available for obligation for—
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‘‘(i) any project eligible for funding
under this title or chapter 53 of title 49,
United States Code; or
‘‘(ii) any other activity relating to
transportation and community and system
preservation that the Secretary determines
to be appropriate, including corridor pres-
ervation activities that are necessary to
implement—
‘‘(I) transit-oriented development
plans;
‘‘(II) traffic calming measures; or
‘‘(III) other coordinated transpor-
tation and community and system
preservation practices.
‘‘(d) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$46,931,447 for each of fiscal years 2005 through
2009.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under this chapter.’’.
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(b) ELIGIBLE PROJECTS.—Section 133(b) of title 23,
United States Code (as amended by section 1701(a)), is
amended by adding at the end the following:
‘‘(18) Transportation and community system
preservation to facilitate the planning, development,
and implementation of strategies of metropolitan
planning organizations and local governments to in-
tegrate transportation, community, and system pres-
ervation plans and practices that address the fol-
lowing:
‘‘(A) Improvement of the efficiency of the
transportation system in the United States.
‘‘(B) Reduction of the impacts of transpor-
tation on the environment.
‘‘(C) Reduction of the need for costly future
investments in public infrastructure.
‘‘(D) Provision of efficient access to jobs,
services, and centers of trade.
‘‘(E) Examination of development patterns,
and identification of strategies to encourage pri-
vate sector development patterns, that achieve the
goals identified in subparagraphs (A) through
(D).
‘‘(19) Projects relating to intersections, including
intersections—
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‘‘(A) that—
‘‘(i) have disproportionately high acci-
dent rates;
‘‘(ii) have high levels of congestion, as
evidenced by—
‘‘(I) interrupted traffic flow at the
intersection; and
‘‘(II) a level of service rating,
issued by the Transportation Research
Board of the National Academy of
Sciences in accordance with the High-
way Capacity Manual, that is not bet-
ter than ‘F’ during peak travel hours;
and
‘‘(iii) are directly connected to or lo-
cated on a Federal-aid highway; and
‘‘(B) improvements that are approved in the
regional plan of the appropriate local metropoli-
tan planning organization.’’.
(c) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as
amended by section 1812(b)), is amended by adding at the
end the following:
‘‘175. Transportation and community and system preservation pilot program.’’.
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SEC. 1814. PARKING PILOT PROGRAMS.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code (as amended by section 1813(a)),
is amended by adding at the end the following:
‘‘§ 176. Parking pilot programs
‘‘(a) COMMERCIAL
TRUCK
PARKING
PILOT
PRO-
GRAM.—
‘‘(1) ESTABLISHMENT.—In cooperation with ap-
propriate State, regional, and local governments, the
Secretary shall establish a pilot program to address
the shortage of long-term parking for drivers of com-
mercial motor vehicles on the National Highway Sys-
tem.
‘‘(2) ALLOCATION OF FUNDS.—
‘‘(A) IN GENERAL.—The Secretary shall al-
locate funds made available under this subsection
to States, metropolitan planning organizations,
and local governments.
‘‘(B) CRITERIA.—In allocating funds under
this subsection, the Secretary shall give priority
to an applicant that—
‘‘(i) demonstrates a severe shortage of
commercial vehicle parking capacity on the
corridor to be addressed;
‘‘(ii) consults with affected State and
local governments, community groups, pri-
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vate providers of commercial vehicle park-
ing, and motorist and trucking organiza-
tions; and
‘‘(iii) demonstrates that the project
proposed by the applicant is likely to have
a positive effect on highway safety, traffic
congestion, or air quality.
‘‘(3) USE OF ALLOCATED FUNDS.—
‘‘(A) IN GENERAL.—A recipient of funds al-
located under this subsection shall use the funds
to carry out the project proposed in the applica-
tion submitted by the recipient to the Secretary.
‘‘(B) TYPES OF PROJECTS.—Funds under
this subsection shall be available for obligation
for projects that serve the National Highway
System, including—
‘‘(i) construction of safety rest areas
that include parking for commercial motor
vehicles;
‘‘(ii) construction of commercial motor
vehicle parking facilities that are adjacent
to commercial truck stops and travel plazas;
‘‘(iii) costs associated with the opening
of facilities (including inspection and weigh
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stations and park-and-ride facilities) to
provide commercial motor vehicle parking;
‘‘(iv) projects that promote awareness
of the availability of public or private com-
mercial motor vehicle parking on the Na-
tional Highway System, including parking
in connection with intelligent transpor-
tation systems and other systems;
‘‘(v) construction of turnouts along the
National Highway System for commercial
motor vehicles;
‘‘(vi) capital improvements to public
commercial motor vehicle truck parking fa-
cilities closed on a seasonal basis in order
to allow the facilities to remain open year-
around; and
‘‘(vii) improvements to the geometric
design at interchanges on the National
Highway System to improve access to com-
mercial motor vehicle parking facilities.
‘‘(4) REPORT.—Not later than 5 years after the
date of enactment of this section, the Secretary shall
submit to Congress a report on the results of the pilot
program carried out under this subsection.
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‘‘(5) FEDERAL SHARE.—The Federal share of the
cost of a project carried out under this subsection
shall be consistent with section 120.
‘‘(6) FUNDING.—
‘‘(A) IN GENERAL.—There is authorized to
be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry
out this subsection $9,386,289 for each of fiscal
years 2005 through 2009.
‘‘(B) CONTRACT
AUTHORITY.—Funds au-
thorized under this paragraph shall be available
for obligation in the same manner as if the funds
were apportioned under this chapter.
‘‘(b) CORRIDOR AND FRINGE PARKING PILOT PRO-
GRAM.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—In cooperation with
appropriate State, regional, and local govern-
ments, the Secretary shall carry out a pilot pro-
gram to provide corridor and fringe parking fa-
cilities.
‘‘(B) PRIMARY
FUNCTION.—The primary
function of a corridor and fringe parking facility
funded under this subsection shall be to provide
parking capacity to support car pooling, van
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pooling, ride sharing, commuting, and high oc-
cupancy vehicle travel.
‘‘(C) OVERNIGHT PARKING.—A State may
permit a facility described in subparagraph (B)
to be used for the overnight parking of commer-
cial vehicles if the use does not foreclose or un-
duly limit the primary function of the facility
described in subparagraph (B).
‘‘(2) ALLOCATION OF FUNDS.—
‘‘(A) IN GENERAL.—The Secretary shall al-
locate funds made available to carry out this
subsection to States.
‘‘(B) CRITERIA.—In allocating funds under
this subsection, the Secretary shall give priority
to a State that—
‘‘(i) demonstrates demand for corridor
and fringe parking on the corridor to be ad-
dressed;
‘‘(ii) consults with affected metropoli-
tan planning organizations, local govern-
ments, community groups, and providers of
corridor and fringe parking; and
‘‘(iii) demonstrates that the project
proposed by the State is likely to have a
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positive effect on ride sharing, traffic con-
gestion, or air quality.
‘‘(3) USE OF ALLOCATED FUNDS.—
‘‘(A) IN GENERAL.—A recipient of funds al-
located under this subsection shall use the funds
to carry out the project proposed in the applica-
tion submitted by the recipient to the Secretary.
‘‘(B) TYPES OF PROJECTS.—Funds under
this subsection shall be available for obligation
for projects that serve the Federal-aid system,
including—
‘‘(i) construction of corridor and fringe
parking facilities;
‘‘(ii) costs associated with the opening
of facilities;
‘‘(iii) projects that promote awareness
of the availability of corridor and fringe
parking through the use of signage and
other means;
‘‘(iv) capital improvements to corridor
and fringe parking facilities closed on a
seasonal basis in order to allow the facilities
to remain open year-around; and
‘‘(v) improvements to the geometric de-
sign on adjoining roadways to facilitate ac-
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cess to, and egress from, corridor and fringe
parking facilities.
‘‘(4) REPORT.—Not later than 5 years after the
date of enactment of this section, the Secretary shall
submit to Congress a report on the results of the pilot
program carried out under this subsection.
‘‘(5) FEDERAL SHARE.—The Federal share of the
cost of a project carried out under this subsection
shall be consistent with section 120.
‘‘(6) FUNDING.—
‘‘(A) IN GENERAL.—There is authorized to
be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) to carry
out this subsection $9,386,289 for each of fiscal
years 2005 through 2009.
‘‘(B) CONTRACT
AUTHORITY.—Funds au-
thorized under this paragraph shall be available
for obligation in the same manner as if the funds
were apportioned under this chapter.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter I of title 23, United States Code (as
amended by section 1813(c)), is amended by adding at the
end the following:
‘‘176. Parking pilot programs.’’.
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SEC. 1815. INTERSTATE OASIS PROGRAM.
(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:
‘‘§ 177. Interstate oasis program
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this section, in consultation with the
States and other interested parties, the Secretary shall—
‘‘(1) establish an Interstate oasis program; and
‘‘(2) develop standards for designating, as an
Interstate oasis, a facility that—
‘‘(A) offers—
‘‘(i) products and services to the pub-
lic;
‘‘(ii) 24-hour access to restrooms; and
‘‘(iii) parking for automobiles and
heavy trucks; and
‘‘(B) meets other standards established by
the Secretary.
‘‘(b) STANDARDS FOR DESIGNATION.—The standards
for designation under subsection (a) shall include standards
relating to—
‘‘(1) the appearance of a facility; and
‘‘(2) the proximity of the facility to the Inter-
state System.
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‘‘(c) ELIGIBILITY FOR DESIGNATION.—If a State elects
to participate in the interstate oasis program, any facility
meeting the standards established by the Secretary shall be
eligible for designation under this section.
‘‘(d) LOGO.—The Secretary shall design a logo to be
displayed by a facility designated under this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter I of title 23, United States Code (as
amended by section 1814(b)), is amended by adding at the
end the following:
‘‘177. Interstate oasis program.’’.
SEC. 1816. TRIBAL-STATE ROAD MAINTENANCE AGREE-
MENTS.
Section 204 of title 23, United States Code (as amend-
ed by section 1806(f)(4)), is amended by adding at the end
the following:
‘‘(n) TRIBAL-STATE ROAD MAINTENANCE AGREE-
MENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, regulation, policy, or guideline, an
Indian tribe and a State may enter into a road
maintenance agreement under which an Indian tribe
assumes the responsibilities of the State for—
‘‘(A) Indian reservation roads; and
‘‘(B) roads providing access to Indian res-
ervation roads.
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‘‘(2) TRIBAL-STATE
AGREEMENTS.—Agreements
entered into under paragraph (1)—
‘‘(A) shall be negotiated between the State
and the Indian tribe; and
‘‘(B) shall not require the approval of the
Secretary.
‘‘(3) ANNUAL REPORT.—Effective beginning with
fiscal year 2005, the Secretary shall prepare and sub-
mit to Congress an annual report that identifies—
‘‘(A) the Indian tribes and States that have
entered into agreements under paragraph (1);
‘‘(B) the number of miles of roads for which
Indian tribes have assumed maintenance respon-
sibilities; and
‘‘(C) the amount of funding transferred to
Indian tribes for the fiscal year under agree-
ments entered into under paragraph (1).’’.
SEC. 1817. NATIONAL FOREST SYSTEM ROADS.
Section 205 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(e) PASSAGES
FOR
AQUATIC
SPECIES.—Of the
amounts made available for National Forest System roads,
$14,079,433 for each fiscal year shall be used by the Sec-
retary of Agriculture to pay the costs of facilitating the pas-
sage of aquatic species beneath roads in the National Forest
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System, including the costs of constructing, maintaining,
replacing, or removing culverts and bridges, as appro-
priate.’’.
SEC. 1818. TERRITORIAL HIGHWAY PROGRAM.
(a) IN GENERAL.—Chapter 2 of title 23, United States
Code, is amended by striking section 215 and inserting the
following:
‘‘§ 215. Territorial highway program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PROGRAM.—The term ‘program’ means the
territorial highway program established under sub-
section (b).
‘‘(2) TERRITORY.—The term ‘territory’ means
the any of the following territories of the United
States:
‘‘(A) American Samoa.
‘‘(B) The Commonwealth of the Northern
Mariana Islands.
‘‘(C) Guam.
‘‘(D) The United States Virgin Islands.
‘‘(b) PROGRAM.—
‘‘(1) IN GENERAL.—Recognizing the mutual ben-
efits that will accrue to the territories and the United
States from the improvement of highways in the terri-
tories, the Secretary may carry out a program to as-
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sist each territorial government in the construction
and improvement of a system of arterial and collector
highways, and necessary inter-island connectors, that
is—
‘‘(A) designated by the Governor or chief ex-
ecutive officer of each territory; and
‘‘(B) approved by the Secretary.
‘‘(2) FEDERAL SHARE.—The Secretary shall pro-
vide Federal financial assistance to territories under
this section in accordance with section 120(h).
‘‘(c) TECHNICAL ASSISTANCE.—
‘‘(1) IN
GENERAL.—To continue a long-range
highway development program, the Secretary may
provide technical assistance to the governments of the
territories to enable the territories to, on a continuing
basis—
‘‘(A) engage in highway planning;
‘‘(B) conduct environmental evaluations;
‘‘(C) administer right-of-way acquisition
and relocation assistance programs; and
‘‘(D) design, construct, operate, and main-
tain a system of arterial and collector highways,
including necessary inter-island connectors.
‘‘(2) FORM AND TERMS OF ASSISTANCE.—Tech-
nical assistance provided under paragraph (1), and
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the terms for the sharing of information among terri-
tories receiving the technical assistance, shall be in-
cluded in the agreement required by subsection (e).
‘‘(d) NONAPPLICABILITY OF CERTAIN PROVISIONS.—
‘‘(1) IN
GENERAL.—Except to the extent that
provisions of chapter 1 are determined by the Sec-
retary to be inconsistent with the needs of the terri-
tories and the intent of the program, chapter 1 (other
than provisions of chapter 1 relating to the appor-
tionment and allocation of funds) shall apply to
funds authorized to be appropriated for the program.
‘‘(2) APPLICABLE PROVISIONS.—The specific sec-
tions of chapter 1 that are applicable to each terri-
tory, and the extent of the applicability of those sec-
tion, shall be identified in the agreement required by
subsection (e).
‘‘(e) AGREEMENT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), none of the funds made available for the
program shall be available for obligation or expendi-
ture with respect to any territory until the Governor
or chief executive officer of the territory enters into a
new agreement with the Secretary (which new agree-
ment shall be entered into not later than 1 year after
the date of enactment of the Safe, Accountable, Flexi-
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ble, and Efficient Transportation Equity Act of
2005), providing that the government of the territory
shall—
‘‘(A) implement the program in accordance
with applicable provisions of chapter 1 and sub-
section (d);
‘‘(B) design and construct a system of arte-
rial and collector highways, including necessary
inter-island connectors, in accordance with
standards that are—
‘‘(i) appropriate for each territory; and
‘‘(ii) approved by the Secretary;
‘‘(C) provide for the maintenance of facili-
ties constructed or operated under this section in
a condition to adequately serve the needs of
present and future traffic; and
‘‘(D) implement standards for traffic oper-
ations and uniform traffic control devices that
are approved by the Secretary.
‘‘(2) TECHNICAL ASSISTANCE.—The new agree-
ment required by paragraph (1) shall—
‘‘(A) specify the kind of technical assistance
to be provided under the program;
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‘‘(B) include appropriate provisions regard-
ing information sharing among the territories;
and
‘‘(C) delineate the oversight role and respon-
sibilities of the territories and the Secretary.
‘‘(3) REVIEW AND REVISION OF AGREEMENT.—
The new agreement entered into under paragraph (1)
shall be reevaluated and, as necessary, revised, at
least every 2 years.
‘‘(4) EXISTING AGREEMENTS.—With respect to
an agreement between the Secretary and the Governor
or chief executive officer of a territory that is in effect
as of the date of enactment of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of
2005—
‘‘(A) the agreement shall continue in force
until replaced by a new agreement in accordance
with paragraph (1); and
‘‘(B) amounts made available for the pro-
gram under the agreement shall be available for
obligation or expenditure so long as the agree-
ment, or a new agreement under paragraph (1),
is in effect.
‘‘(f) PERMISSIBLE USES OF FUNDS.—
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‘‘(1) IN GENERAL.—Funds made available for
the program may be used only for the following
projects and activities carried out in a territory:
‘‘(A) Eligible surface transportation pro-
gram projects described in section 133(b).
‘‘(B) Cost-effective, preventive maintenance
consistent with section 116.
‘‘(C) Ferry boats, terminal facilities, and
approaches, in accordance with subsections (b)
and (c) of section 129.
‘‘(D) Engineering and economic surveys
and investigations for the planning, and the fi-
nancing, of future highway programs.
‘‘(E) Studies of the economy, safety, and
convenience of highway use.
‘‘(F) The regulation and equitable taxation
of highway use.
‘‘(G) Such research and development as are
necessary in connection with the planning, de-
sign, and maintenance of the highway system.
‘‘(2) PROHIBITION ON USE OF FUNDS FOR ROU-
TINE MAINTENANCE.—None of the funds made avail-
able for the program shall be obligated or expended
for routine maintenance.
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‘‘(g) LOCATION OF PROJECTS.—Territorial highway
projects (other than those described in paragraphs (1), (3),
and (4) of section 133(b)) may not be undertaken on roads
functionally classified as local.’’.
(b) CONFORMING AMENDMENTS.—
(1) ELIGIBLE PROJECTS.—Section 103(b)(6) of
title 23, United States Code, is amended by striking
subparagraph (P) and inserting the following:
‘‘(P) Projects eligible for assistance under the ter-
ritorial highway program under section 215.’’.
(2) FUNDING.—Section 104(b)(1)(A) of title 23,
United States Code, is amended by striking ‘‘to the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of Northern Mariana Islands’’ and
inserting ‘‘for the territorial highway program au-
thorized under section 215’’.
(3) ANALYSIS.—The analysis for chapter 2 of
title 23, United States Code, is amended by striking
the item relating to section 215 and inserting the fol-
lowing:
‘‘215. Territorial highway program.’’.
SEC. 1819. HIGH-SPEED MAGNETIC LEVITATION SYSTEM DE-
PLOYMENT PROGRAM.
(a) IN GENERAL.—Section 322 of title 23, United
States Code, is amended to read as follows:
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‘‘§ 322. High-speed magnetic levitation system deploy-
ment program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE PROJECT COSTS.—
‘‘(A) IN
GENERAL.—The term ‘eligible
project costs’ means the capital cost of the fixed
guideway infrastructure of a MAGLEV project,
including land, piers, guideways, propulsion
equipment and other components attached to
guideways, power distribution facilities (includ-
ing substations), control and communications fa-
cilities, access roads, and storage, repair, and
maintenance facilities.
‘‘(B) INCLUSION.—The term ‘eligible project
costs’ includes the costs of preconstruction plan-
ning activities.
‘‘(2) FULL
PROJECT
COSTS.—The term ‘full
project costs’ means the total capital costs of a
MAGLEV project, including eligible project costs and
the costs of stations, vehicles, and equipment.
‘‘(3) MAGLEV.—
‘‘(A) IN
GENERAL.—The term ‘MAGLEV’
means transportation systems in revenue service
employing magnetic levitation that would be ca-
pable of safe use by the public at a speed in ex-
cess of 240 miles per hour.
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‘‘(B) INCLUSION.—The term ‘MAGLEV’ in-
cludes power, control, and communication facili-
ties required for the safe operation of the vehicles
within a system described in subparagraph (A).
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of Transportation.
‘‘(5) SPECIAL PURPOSE ENTITY.—The term ‘spe-
cial purpose entity’ means a nonprofit entity that—
‘‘(A) is not a State-designated authority;
but
‘‘(B) is eligible, as determined by the Gov-
ernor of the State in which the entity is located,
to participate in the program under this section.
‘‘(6) TEA–21 CRITERIA.—The term ‘TEA–21 cri-
teria’ means—
‘‘(A) the criteria set forth in subsection (d)
of this section (as in effect on the day before the
date of enactment of the Safe, Affordable, Flexi-
ble, and Efficient Transportation Equity Act of
2005), including applicable regulations; and
‘‘(B) with respect to subsection (e)(2), the
criteria set forth in subsection (d)(8) of this sec-
tion (as so in effect).
‘‘(b) PHASE I—PRECONSTRUCTION PLANNING.—
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‘‘(1) IN
GENERAL.—A State, State-designated
authority, multistate-designated authority, or special
purpose entity may apply to the Secretary for grants
to conduct preconstruction planning for proposed new
MAGLEV projects, or extensions to MAGLEV systems
planned, studied, or deployed under this or any other
program.
‘‘(2) APPLICATIONS.—An application for a grant
under this subsection shall include a description of
the proposed MAGLEV project, including, at a
minimum—
‘‘(A) a description of the purpose and need
for the proposed MAGLEV project;
‘‘(B) a description of the travel market to be
served;
‘‘(C) a description of the technology selected
for the MAGLEV project;
‘‘(D) forecasts of ridership and revenues;
‘‘(E) a description of preliminary engineer-
ing that is sufficient to provide a reasonable esti-
mate of the capital cost of constructing, oper-
ating, and maintaining the project;
‘‘(F) a realistic schedule for construction
and equipment for the project;
‘‘(G) an environmental assessment;
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‘‘(H) a preliminary identification of the 1
or more organizations that will construct and
operate the project; and
‘‘(I) a cost-benefit analysis and tentative fi-
nancial plan for construction and operation of
the project.
‘‘(3) DEADLINE
FOR
APPLICATIONS.—The Sec-
retary shall establish an annual deadline for receipt
of applications under this subsection.
‘‘(4) EVALUATION.—The Secretary shall evaluate
all applications received by the annual deadline to
determine whether the applications meet criteria es-
tablished by the Secretary.
‘‘(5) SELECTION.—The Secretary, except as oth-
erwise provided in this section, shall select for Federal
support for preconstruction planning any project that
the Secretary determines meets the criteria.
‘‘(c) PHASE II—ENVIRONMENTAL IMPACT STUDIES.—
‘‘(1) IN
GENERAL.—A State, State-designated
authority, or multistate-designated authority that has
conducted (under this section or any other provision
of law) 1 or more studies that address each of the re-
quirements of subsection (b)(2) may apply for Federal
funding to assist in—
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‘‘(A) preparing an environmental impact
statement or similar analysis required under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
‘‘(B) planning for construction, operation,
and maintenance of a MAGLEV project.
‘‘(2) DEADLINE FOR APPLICATIONS.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) establish an annual deadline for
receipt of Phase II applications; and
‘‘(ii) evaluate all applications received
by that deadline in accordance with criteria
established under subparagraph (B).
‘‘(B) CRITERIA.—The Secretary shall estab-
lish criteria to evaluate applications that include
whether—
‘‘(i) the technology selected is available
for deployment at the time of the applica-
tion;
‘‘(ii) operating revenues combined with
known and dedicated sources of other reve-
nues in any year will exceed annual oper-
ation and maintenance costs;