SEC. 1116. HIGHWAY BRIDGE.
(a) SCOUR COUNTERMEASURES.—Section 144(d) of
title 23, United States Code, is amended to read as fol-
lows:
‘‘(d) APPLICATIONS FOR AND APPROVAL OF ASSIST-
ANCE.—
‘‘(1) BRIDGE REPLACEMENT OR REHABILITA-
TION.—Whenever any State or States make applica-
tion to the Secretary for assistance in replacing or
rehabilitating a highway bridge which the priority
system established under subsections (b) and (c)
shows to be eligible, the Secretary may approve Fed-
eral participation in replacing such bridge with a
comparable facility or in rehabilitating such bridge.
‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEAS-
URES, AND
APPLICATIONS
OF
CERTAIN
COMPOSI-
TIONS.—Whenever any State makes application to
the Secretary for assistance in painting, seismic ret-
rofit, or preventive maintenance of, or installing
scour countermeasures or applying calcium magne-
sium acetate, sodium acetate/formate, or other envi-
ronmentally acceptable, minimally corrosive anti-
icing and de-icing compositions to, the structure of
a highway bridge, the Secretary may approve Fed-
eral participation in the painting, seismic retrofit, or
preventive maintenance of, or installation of scour
countermeasures or application of acetate or sodium
acetate/formate or such anti-icing or de-icing com-
position to, such structure.
‘‘(3) ELIGIBILITY.—The Secretary shall deter-
mine the eligibility of highway bridges for replace-
ment or rehabilitation for each State based upon the
unsafe highway bridges in such State; except that a
State may carry out a project for preventive mainte-
nance on a bridge, seismic retrofit of a bridge, or in-
stalling scour countermeasures to a bridge under
this section without regard to whether the bridge is
eligible for replacement or rehabilitation under this
section.’’.
(b) BRIDGE DISCRETIONARY SET-ASIDE.—Section
144(g)(1) of such title is amended by adding at the end
the following:
‘‘(D) FISCAL YEARS 2004 THROUGH 2009.—
Of the amounts authorized to be appropriated
to carry out the bridge program under this sec-
tion for each of the fiscal years 2004 through
2009, all but $100,000,000 shall be appor-
tioned as provided in subsection (e). Such
$100,000,000 shall be available at the discre-
tion of the Secretary; except that $25,000,000
shall be available only for projects for the seis-
mic 
retrofit 
of 
bridges, 
and 
of 
which
$10,000,000 shall be available only for the seis-
mic retrofit of a bridge described in subsection
(l), and except as provided in subparagraph
(E).
‘‘(E) GRAVINA ACCESS.—
‘‘(i) IN
GENERAL.—Of the amounts
authorized to be appropriated to carry out
the bridge program under this paragraph,
for each of the fiscal years 2005 through
2009, $10,000,000 shall be set aside from
the $100,000,000 available at the discre-
tion of the Secretary under subparagraph
(D) for the construction of a bridge joining
the Island of Gravina to the community of
Ketchikan in Alaska.
‘‘(ii) SCORING.—The project described
in this subparagraph shall not be counted
for purposes of the reduction set forth in
the fourth sentence of subsection (e).’’.
(c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of
such title is amended—
(1) by striking ‘‘15 percent’’ and inserting ‘‘20
percent’’;
(2) by striking ‘‘1987’’ and inserting ‘‘2005’’;
(3) by striking ‘‘2004’’ the first place it appears
and all that follows through ‘‘2005,’’ and inserting
‘‘2009 for the bridge program,’’;
(4) by inserting ‘‘, perform systematic preven-
tive maintenance,’’ after ‘‘paint’’; and
(5) by inserting a comma before ‘‘to highway
bridges’’.
(d) SET-ASIDE FOR TRANSPORTATION INFRASTRUC-
TURE FINANCE AND INNOVATION ACT.—Section 144(g)
of such title is amended by adding at the end the fol-
lowing:
‘‘(4) TRANSPORTATION
INFRASTRUCTURE
FI-
NANCE AND INNOVATION ACT.—Whenever an appor-
tionment is made under subsection (e) of the sums
made available for carrying out the bridge program
under this section for a fiscal year, the Secretary
shall set aside $130,000,000 for fiscal year 2004
and $140,000,000 for each of fiscal years 2005
through 2009 to carry out chapter 6 of title 23,
United States Code.’’.
(e) TECHNICAL AMENDMENT.—Section 144(i) of
such title is amended by striking ‘‘at the same time’’ and
all that follows through ‘‘Congress’’.
SEC. 1117. TRANSPORTATION AND COMMUNITY AND SYS-
TEM PRESERVATION PROGRAM.
(a) FEDERAL SHARE.—Section 1221(e)(2) of the
Transportation Equity Act for the 21st Century (23
U.S.C. 101 note; 112 Stat. 223; 118 Stat. 879; 118 Stat.
1149) is amended by inserting before the period at the
end ‘‘; except that such funds shall not be transferable
and the Federal share for projects and activities carried
out with such funds shall be determined in accordance
with section 120(b) of title 23, United States Code’’.
(b) PLANNING ACTIVITIES PILOT PROGRAM.—Sec-
tion 1221 of such Act is amended by adding at the end
the following:
‘‘(f) PLANNING ACTIVITIES PILOT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a pilot program using funds set aside under
paragraph (4) to support planning and public par-
ticipation activities related to highway and public
transportation projects.
‘‘(2) ELIGIBLE ACTIVITIES.—Activities eligible
to be carried out under the pilot program may in-
clude the following:
‘‘(A) Improving data collection and anal-
ysis to improve freight movement, intermodal
connections, and transportation access and effi-
ciency for all users, including children, older in-
dividuals, individuals with disabilities, low-in-
come individuals, and minority communities.
‘‘(B) Supporting public participation by
holding public meetings using an interactive
workshop format facilitated by design or plan-
ning experts (or both) to consider public input
at the initial stages of project development and
during other phases of a project.
‘‘(C) Using innovative planning or design
visualization and simulation tools to improve
the evaluation of alternatives and their impacts
and to enhance public participation in the
transportation planning process, including tools
having a structure that enables modifications to
scenarios and assumptions in real time.
‘‘(D) Enhancing coordination among trans-
portation, land use, workforce development,
human service, economic development, and
other agencies to strengthen access to job train-
ing services, daycare centers, health care facili-
ties, senior centers, public schools, universities,
and residential areas, including the use of inte-
grated planning and service delivery, especially
for transit dependent and low-income individ-
uals.
‘‘(E) Contracting with nonprofit organiza-
tions, universities, and local agencies to deliver
community-oriented transportation plans and
projects, including public outreach, context sen-
sitive 
design, 
transit-oriented 
development,
multimodal corridor investments, commuter
benefits deployment, and brownfield redevelop-
ment.
‘‘(F) Measuring and reporting on the an-
nual performance of the transportation system
(or parts of) relative to State or locally-estab-
lished criteria regarding—
‘‘(i) maintenance and operating costs
of the transportation system, vehicle miles
traveled, peak-period travel times, trans-
portation choices, and mode shares;
‘‘(ii) location of housing units, jobs,
medical facilities, and commercial centers
to transit;
‘‘(iii) improvements directed to low-in-
come families and older individuals;
‘‘(iv) transportation-related pollution
emissions into the air and water;
‘‘(v) land consumption; and
‘‘(vi) other locally-significant factors.
‘‘(G) Improving regional travel and emis-
sion modeling to examine factors not currently
considered, such as induced travel and land use
effects of transportation alternatives, types of
vehicles owned and used by households, time-of-
day of travel and linkage of trips to each other
throughout the day, effects of urban design and
pedestrian and bicycle environment on travel
behavior, and impacts of alternatives on the dis-
tribution of benefits and burdens among various
groups protected under title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.).
‘‘(3) FEDERAL SHARE.—Notwithstanding sub-
section (e)(2), the Federal share of the cost of ac-
tivities carried out under the pilot program shall be
100 percent.
‘‘(4) SET
ASIDE.—The Secretary shall make
available $1,500,000 of the amounts made available
to carry out this section for each of fiscal years
2005 through 2009 to carry out the pilot program
under this subsection.’’.
SEC. 
1118. 
DEPLOYMENT 
OF 
MAGNETIC 
LEVITATION
TRANSPORTATION PROJECTS.
(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’—
(A) 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
facilities, access roads, and storage, repair, and
maintenance facilities, but not including costs
incurred for a new station; and
(B) includes the costs of preconstruction
planning 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.—The term ‘‘MAGLEV’’ means
transportation systems employing magnetic levita-
tion that would be capable of safe use by the public
at a speed in excess of 240 miles per hour.
(4) STATE.—The term ‘‘State’’ has the mean-
ing such term has under section 101(a) of title 23,
United States Code.
(b) IN GENERAL.—
(1) ASSISTANCE
FOR
ELIGIBLE
PROJECTS.—
The Secretary shall make available financial assist-
ance to pay the Federal share of full project costs
of eligible projects authorized by this section.
(2) USE OF ASSISTANCE.—Financial assistance
provided under paragraph (1) shall be used only to
pay eligible project costs of projects authorized by
this section.
(3) APPLICABILITY OF OTHER LAWS.—Finan-
cial assistance made available under this section,
and projects assisted with such assistance, shall be
subject to section 5333(a) of title 49, United States
Code.
(c) PROJECT ELIGIBILITY.—To be eligible to receive
financial assistance under subsection (b), a project shall—
(1) involve a segment or segments of a high-
speed ground transportation corridor;
(2) result in an operating transportation facility
that provides a revenue producing service; and
(3) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by 1 or more States.
SEC. 1119. RECREATIONAL TRAILS.
(a) RECREATIONAL TRAILS PROGRAM FORMULA.—
Section 104(h)(1) of title 23, United States Code, is
amended by striking ‘‘research and technical’’ and all that
follows through ‘‘Committee’’ and inserting ‘‘research,
technical assistance, and training under the recreational
trails program’’.
(b) PERMISSIBLE USES.—Section 206(d)(2) of such
title is amended to read as follows:
‘‘(2) PERMISSIBLE USES.—Permissible uses of
funds apportioned to a State for a fiscal year to
carry out this section include—
‘‘(A) maintenance and restoration of exist-
ing recreational trails;
‘‘(B) development and rehabilitation of
trailside and trailhead facilities and trail link-
ages for recreational trails;
‘‘(C) purchase and lease of recreational
trail construction and maintenance equipment;
‘‘(D) construction of new recreational
trails, except that, in the case of new rec-
reational trails crossing Federal lands, con-
struction of the trails shall be—
‘‘(i) permissible under other law;
‘‘(ii) necessary and recommended by a
statewide comprehensive outdoor recreation
plan that is required by the Land and
Water Conservation Fund Act of 1965 (16
U.S.C. 460l–4 et seq.) and that is in ef-
fect;
‘‘(iii) approved by the administering
agency of the State designated under sub-
section (c)(1); and
‘‘(iv) approved by each Federal agency
having jurisdiction over the affected lands
under such terms and conditions as the
head of the Federal agency determines to
be appropriate, except that the approval
shall be contingent on compliance by the
Federal agency with all applicable laws, in-
cluding the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the
Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C.
1600 et seq.), and the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1701 et seq.);
‘‘(E) acquisition of easements and fee sim-
ple title to property for recreational trails or
recreational trail corridors;
‘‘(F) assessment of trail conditions for ac-
cessibility and maintenance;