H. R. 3
One Hundred Ninth Congress
of the
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the fourth day of January, two thousand and five 
An Act 
To authorize funds for Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Safe, Account-
able, Flexible, Efficient Transportation Equity Act: A Legacy for 
Users’’ or ‘‘SAFETEA–LU’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. General definitions. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorization of Programs 
Sec. 1101. Authorization of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Apportionments. 
Sec. 1104. Equity bonus program. 
Sec. 1105. Revenue aligned budget authority. 
Sec. 1106. Future Interstate System routes. 
Sec. 1107. Metropolitan planning. 
Sec. 1108. Transfer of highway and transit funds. 
Sec. 1109. Recreational trails. 
Sec. 1110. Temporary traffic control devices. 
Sec. 1111. Set-asides for Interstate discretionary projects. 
Sec. 1112. Emergency relief. 
Sec. 1113. Surface transportation program. 
Sec. 1114. Highway bridge program. 
Sec. 1115. Highway use tax evasion projects. 
Sec. 1116. Appalachian development highway system. 
Sec. 1117. Transportation, community, and system preservation program. 
Sec. 1118. Territorial highway program. 
Sec. 1119. Federal lands highways. 
Sec. 1120. Puerto Rico highway program. 
Sec. 1121. HOV facilities. 
Sec. 1122. Definitions. 
Subtitle B—Congestion Relief 
Sec. 1201. Real-time system management information program. 
Subtitle C—Mobility and Efficiency 
Sec. 1301. Projects of national and regional significance. 
Sec. 1302. National corridor infrastructure improvement program. 
Sec. 1303. Coordinated border infrastructure program. 
Sec. 1304. High priority corridors on the National Highway System. 
Sec. 1305. Truck parking facilities. 
Sec. 1306. Freight intermodal distribution pilot grant program. 
Sec. 1307. Deployment of magnetic levitation transportation projects.
H. R. 3—2
Sec. 1308. Delta region transportation development program. 
Sec. 1309. Extension of public transit vehicle exemption from axle weight restric-
tions. 
Sec. 1310. Interstate oasis program. 
Subtitle D—Highway Safety 
Sec. 1401. Highway safety improvement program. 
Sec. 1402. Worker injury prevention and free flow of vehicular traffic. 
Sec. 1403. Toll facilities workplace safety study. 
Sec. 1404. Safe routes to school program. 
Sec. 1405. Roadway safety improvements for older drivers and pedestrians. 
Sec. 1406. Safety incentive grants for use of seat belts. 
Sec. 1407. Safety incentives to prevent operation of motor vehicles by intoxicated 
persons. 
Sec. 1408. Improvement or replacement of highway features on National Highway 
System. 
Sec. 1409. Work zone safety grants. 
Sec. 1410. National Work Zone Safety Information Clearinghouse. 
Sec. 1411. Roadway safety. 
Sec. 1412. Idling reduction facilities in Interstate rights-of-way. 
Subtitle E—Construction and Contract Efficiency 
Sec. 1501. Program efficiencies. 
Sec. 1502. Highways for LIFE pilot program. 
Sec. 1503. Design build. 
Subtitle F—Finance 
Sec. 1601. Transportation Infrastructure Finance and Innovation Act amendments. 
Sec. 1602. State infrastructure banks. 
Sec. 1603. Use of excess funds and funds for inactive projects. 
Sec. 1604. Tolling. 
Subtitle G—High Priority Projects 
Sec. 1701. High Priority Projects program. 
Sec. 1702. Project authorizations. 
Sec. 1703. Technical amendments to transportation projects. 
Subtitle H—Environment 
Sec. 1801. Construction of ferry boats and ferry terminal facilities. 
Sec. 1802. National Scenic Byways Program. 
Sec. 1803. America’s Byways Resource Center. 
Sec. 1804. National historic covered bridge preservation. 
Sec. 1805. Use of debris from demolished bridges and overpasses. 
Sec. 1806. Additional authorization of contract authority for States with Indian res-
ervations. 
Sec. 1807. Nonmotorized transportation pilot program. 
Sec. 1808. Addition to CMAQ-eligible projects. 
Subtitle I—Miscellaneous 
Sec. 1901. Inclusion of requirements for signs identifying funding sources in title 
23. 
Sec. 1902. Donations and credits. 
Sec. 1903. Inclusion of Buy America requirements in title 23. 
Sec. 1904. Stewardship and oversight. 
Sec. 1905. Transportation development credits. 
Sec. 1906. Grant program to prohibit racial profiling. 
Sec. 1907. Pavement marking systems demonstration projects. 
Sec. 1908. Inclusion of certain route segments on Interstate System and NHS. 
Sec. 1909. Future of surface transportation system. 
Sec. 1910. Motorist information concerning full service restaurants. 
Sec. 1911. Approval and funding for certain construction projects. 
Sec. 1912. Lead agency designation. 
Sec. 1913. Bridge construction, North Dakota. 
Sec. 1914. Motorcyclist Advisory Council. 
Sec. 1915. Loan forgiveness. 
Sec. 1916. Treatment of off-ramp. 
Sec. 1917. Opening of Interstate ramps. 
Sec. 1918. Credit to State of Louisiana for State matching funds. 
Sec. 1919. Road user fees. 
Sec. 1920. Transportation and local workforce investment.
H. R. 3—3
Sec. 1921. Update of obsolete text. 
Sec. 1922. Technical amendments to nondiscrimination section. 
Sec. 1923. Transportation assets and needs of Delta region. 
Sec. 1924. Alaska Way Viaduct study. 
Sec. 1925. Community enhancement study. 
Sec. 1926. Budget justification. 
Sec. 1927. 14th Amendment Highway and 3rd Infantry Division Highway. 
Sec. 1928. Sense of Congress regarding Buy America. 
Sec. 1929. Designation of Daniel Patrick Moynihan Interstate Highway. 
Sec. 1930. Designation of Thomas P. ‘‘Tip’’ O’Neill, Jr. Tunnel. 
Sec. 1931. Richard Nixon Parkway, California. 
Sec. 1932. Amo Houghton Bypass. 
Sec. 1933. Billy Tauzin Energy Corridor. 
Sec. 1934. Transportation improvements. 
Sec. 1935. Project flexibility. 
Sec. 1936. Advances. 
Sec. 1937. Roads in closed basins. 
Sec. 1938. Technology. 
Sec. 1939. BIA Indian Road Program. 
Sec. 1940. Going-to-the-Sun Road, Glacier National Park, Montana. 
Sec. 1941. Beartooth Highway, Montana. 
Sec. 1943. Great Lakes ITS implementation. 
Sec. 1944. Transportation construction and remediation, Ottawa County, Okla-
homa. 
Sec. 1945. Infrastructure awareness program. 
Sec. 1946. Gateway rural improvement pilot program. 
Sec. 1947. Eligible safety improvements. 
Sec. 1948. Emergency service route. 
Sec. 1949. Knik Arm Bridge funding clarification. 
Sec. 1950. Lincoln Parish, LA/I–20 Transportation Corridor Program. 
Sec. 1951. Bonding assistance program. 
Sec. 1952. Congestion relief. 
Sec. 1953. Authorization of appropriations. 
Sec. 1954. Bicycle transportation and pedestrian walkways. 
Sec. 1955. Conveyance to the City of Ely, Nevada. 
Sec. 1956. Brownfields grants. 
Sec. 1957. Traffic circle construction, Clarendon, Vermont. 
Sec. 1958. Limitation on project approval. 
Sec. 1959. Cross harbor freight movement project. 
Sec. 1960. Denali access system program. 
Sec. 1961. I–95/Contee Road interchange study. 
Sec. 1962. Multimodal facility improvements. 
Sec. 1963. Apollo Theater leases. 
Sec. 1964. Project Federal share. 
TITLE II—HIGHWAY SAFETY 
Sec. 2001. Authorization of appropriations. 
Sec. 2002. Highway safety programs. 
Sec. 2003. Highway safety research and outreach programs. 
Sec. 2004. Occupant protection incentive grants. 
Sec. 2005. Grants for primary safety belt use laws. 
Sec. 2006. State traffic safety information system improvements. 
Sec. 2007. Alcohol-impaired driving countermeasures. 
Sec. 2008. NHTSA accountability. 
Sec. 2009. High visibility enforcement program. 
Sec. 2010. Motorcyclist safety. 
Sec. 2011. Child safety and child booster seat incentive grants. 
Sec. 2012. Safety data. 
Sec. 2013. Drug-impaired driving enforcement. 
Sec. 2014. First responder vehicle safety program. 
Sec. 2015. Driver performance study. 
Sec. 2016. Rural State emergency medical services optimization pilot program. 
Sec. 2017. Older driver safety; law enforcement training. 
Sec. 2018. Safe intersections. 
Sec. 2019. National Highway Safety Advisory Committee technical correction. 
Sec. 2020. Presidential Commission on Alcohol-Impaired Driving. 
Sec. 2021. Sense of the Congress in support of increased public awareness of blood 
alcohol concentration levels and dangers of alcohol-impaired driving. 
Sec. 2022. Effective date. 
TITLE III—PUBLIC TRANSPORTATION 
Sec. 3001. Short title.
H. R. 3—4
Sec. 3002. Amendments to title 49, United States Code; updated terminology. 
Sec. 3003. Policies, findings, and purposes. 
Sec. 3004. Definitions. 
Sec. 3005. Metropolitan transportation planning. 
Sec. 3006. Statewide transportation planning. 
Sec. 3007. Planning programs. 
Sec. 3008. Private enterprise participation. 
Sec. 3009. Urbanized area formula grants. 
Sec. 3010. Clean fuels grant program. 
Sec. 3011. Capital investment grants. 
Sec. 3012. Formula grants for special needs of elderly individuals and individuals 
with disabilities. 
Sec. 3013. Formula grants for other than urbanized areas. 
Sec. 3014. Research, development, demonstration, and deployment projects. 
Sec. 3015. Transit cooperative research program. 
Sec. 3016. National research and technology programs. 
Sec. 3017. National Transit Institute. 
Sec. 3018. Job access and reverse commute formula grants. 
Sec. 3019. New Freedom Program. 
Sec. 3020. Bus testing facility. 
Sec. 3021. Alternative transportation in parks and public lands. 
Sec. 3022. Human resources programs. 
Sec. 3023. General provisions on assistance. 
Sec. 3024. Special provisions for capital projects. 
Sec. 3025. Contract requirements. 
Sec. 3026. Project management oversight and review. 
Sec. 3027. Project review. 
Sec. 3028. Investigations of safety hazards and security risks. 
Sec. 3029. State safety oversight. 
Sec. 3030. Controlled substances and alcohol misuse testing. 
Sec. 3031. Employee protective arrangements. 
Sec. 3032. Administrative procedures. 
Sec. 3033. National transit database. 
Sec. 3034. Apportionments of formula grants. 
Sec. 3035. Apportionments based on fixed guideway factors. 
Sec. 3036. Authorizations. 
Sec. 3037. Alternatives analysis program. 
Sec. 3038. Apportionments based on growing States formula factors. 
Sec. 3039. Over-the-road bus accessibility program. 
Sec. 3040. Obligation ceiling. 
Sec. 3041. Adjustments for fiscal year 2005. 
Sec. 3042. Terrorist attacks and other acts of violence against public transportation 
systems. 
Sec. 3043. Project authorizations for new fixed guideway capital projects. 
Sec. 3044. Projects for bus and bus-related facilities and clean fuels grant program. 
Sec. 3045. National fuel cell bus technology development program. 
Sec. 3046. Allocations for national research and technology programs. 
Sec. 3047. Forgiveness of grant agreement. 
Sec. 3048. Cooperative procurement. 
Sec. 3049. Transportation fringe benefits. 
Sec. 3050. Commuter rail. 
Sec. 3051. Paratransit service in Illinois. 
TITLE IV—MOTOR CARRIER SAFETY 
Sec. 4001. Short title. 
Subtitle A—Commercial Motor Vehicle Safety 
Sec. 4101. Authorization of appropriations. 
Sec. 4102. Increased penalties for out-of-service violations and false records. 
Sec. 4103. Penalty for denial of access to records. 
Sec. 4104. Revocation of operating authority. 
Sec. 4105. State laws relating to vehicle towing. 
Sec. 4106. Motor carrier safety grants. 
Sec. 4107. High priority activities and new entrants audits. 
Sec. 4108. Data quality improvement. 
Sec. 4109. Performance and registration information system management. 
Sec. 4110. Border enforcement grants. 
Sec. 4111. Motor carrier research and technology program. 
Sec. 4112. Nebraska custom harvesters length exemption. 
Sec. 4113. Pattern of safety violations by motor carrier management. 
Sec. 4114. Intrastate operations of interstate motor carriers.
H. R. 3—5
Sec. 4115. Transfer provision. 
Sec. 4116. Medical program. 
Sec. 4117. Safety performance history screening. 
Sec. 4118. Roadability. 
Sec. 4119. International cooperation. 
Sec. 4120. Financial responsibility for private motor carriers. 
Sec. 4121. Deposit of certain civil penalties into Highway Trust Fund. 
Sec. 4122. CDL learner’s permit program. 
Sec. 4123. Commercial driver’s license information system modernization. 
Sec. 4124. Commercial driver’s license improvements. 
Sec. 4125. Hobbs Act. 
Sec. 4126. Commercial vehicle information systems and networks deployment. 
Sec. 4127. Outreach and education. 
Sec. 4128. Safety data improvement program. 
Sec. 4129. Operation of commercial motor vehicles by individuals who use insulin 
to treat diabetes mellitus. 
Sec. 4130. Operators of vehicles transporting agricultural commodities and farm 
supplies. 
Sec. 4131. Maximum hours of service for operators of ground water well drilling 
rigs. 
Sec. 4132. Hours of service for operators of utility service vehicles. 
Sec. 4133. Hours of service rules for operators providing transportation to movie 
production sites. 
Sec. 4134. Grant program for commercial motor vehicle operators. 
Sec. 4135. CDL task force. 
Sec. 4136. Interstate van operations. 
Sec. 4137. Decals. 
Sec. 4138. High risk carrier compliance reviews. 
Sec. 4139. Foreign commercial motor vehicles. 
Sec. 4140. School bus driver qualifications and endorsement knowledge test. 
Sec. 4141. Driveaway saddlemount vehicles. 
Sec. 4142. Registration of motor carriers and freight forwarders. 
Sec. 4143. Authority to stop commercial motor vehicles. 
Sec. 4144. Motor Carrier Safety Advisory Committee. 
Sec. 4145. Technical corrections. 
Sec. 4146. Exemption during harvest periods. 
Sec. 4147. Emergency condition requiring immediate response. 
Sec. 4148. Substance abuse professionals. 
Sec. 4149. Office of intermodalism. 
Subtitle B—Household Goods Transportation 
Sec. 4201. Short title. 
Sec. 4202. Definitions; application of provisions. 
Sec. 4203. Payment of rates. 
Sec. 4204. Additional registration requirements for motor carriers of household 
goods. 
Sec. 4205. Household goods carrier operations. 
Sec. 4206. Enforcement of regulations related to transportation of household goods. 
Sec. 4207. Liability of carriers under receipts and bills of lading. 
Sec. 4208. Arbitration requirements. 
Sec. 4209. Civil penalties relating to household goods brokers and unauthorized 
transportation. 
Sec. 4210. Penalties for holding household goods hostage. 
Sec. 4211. Consumer handbook on DOT web site. 
Sec. 4212. Release of household goods broker information. 
Sec. 4213. Working group for development of practices and procedures to enhance 
Federal-State relations. 
Sec. 4214. Consumer complaint information. 
Sec. 4215. Review of liability of carriers. 
Sec. 4216. Application of State consumer protection laws to certain household goods 
carriers. 
Subtitle C—Unified Carrier Registration Act of 2005
Sec. 4301. Short title. 
Sec. 4302. Relationship to other laws. 
Sec. 4303. Inclusion of motor private and exempt carriers. 
Sec. 4304. Unified Carrier Registration System. 
Sec. 4305. Registration of motor carriers by States. 
Sec. 4306. Identification of vehicles. 
Sec. 4307. Use of UCR Agreement revenues as matching funds. 
Sec. 4308. Regulations.
H. R. 3—6
Subtitle D—Miscellaneous Provisions 
Sec. 4401. Technical adjustment. 
Sec. 4402. Transfer. 
Sec. 4403. Extension of assistance. 
Sec. 4404. Designations. 
Sec. 4405. Limited exception. 
Sec. 4406. Airport land amendment. 
Sec. 4407. Rights-of-way. 
Sec. 4408. Rialto Municipal Airport. 
Sec. 4409. Conforming amendments. 
Sec. 4410. Ralph M. Bartholomew Veterans’ Memorial Bridge. 
Sec. 4411. Don Young’s Way. 
Sec. 4412. Quality bank adjustments. 
Sec. 4413. Technical amendment. 
Sec. 4414. Airport certification. 
TITLE V—RESEARCH 
Subtitle A—Funding 
Sec. 5101. Authorization of appropriations. 
Sec. 5102. Obligation ceiling. 
Sec. 5103. Findings. 
Subtitle B—Research, Technology, and Education 
Sec. 5201. Research, technology, and education. 
Sec. 5202. Long-term bridge performance program; innovative bridge research and 
deployment program. 
Sec. 5203. Technology deployment. 
Sec. 5204. Training and education. 
Sec. 5205. State planning and research. 
Sec. 5206. International highway transportation outreach program. 
Sec. 5207. Surface transportation environment and planning cooperative research 
program. 
Sec. 5208. Transportation research and development strategic planning. 
Sec. 5209. National cooperative freight transportation research program. 
Sec. 5210. Future strategic highway research program. 
Sec. 5211. Multistate corridor operations and management. 
Subtitle C—Intelligent Transportation System Research 
Sec. 5301. National ITS program plan. 
Sec. 5302. Use of funds. 
Sec. 5303. Goals and purposes. 
Sec. 5304. Infrastructure development. 
Sec. 5305. General authorities and requirements. 
Sec. 5306. Research and development. 
Sec. 5307. National architecture and standards. 
Sec. 5308. Road weather research and development program. 
Sec. 5309. Centers for surface transportation excellence. 
Sec. 5310. Definitions. 
Subtitle D—University Transportation Research; Scholarship Opportunities 
Sec. 5401. National university transportation centers. 
Sec. 5402. University transportation research. 
Subtitle E—Other Programs 
Sec. 5501. Transportation safety information management system project. 
Sec. 5502. Surface transportation congestion relief solutions research initiative. 
Sec. 5503. Motor carrier efficiency study. 
Sec. 5504. Center for Transportation Advancement and Regional Development. 
Sec. 5505. Transportation scholarship opportunities program. 
Sec. 5506. Commercial remote sensing products and spatial information tech-
nologies. 
Sec. 5507. Rural interstate corridor communications study. 
Sec. 5508. Transportation technology innovation and demonstration program. 
Sec. 5509. Repeal. 
Sec. 5510. Notice. 
Sec. 5511. Motorcycle crash causation study grants. 
Sec. 5512. Advanced travel forecasting procedures program. 
Sec. 5513. Research grants. 
Sec. 5514. Competition for specification of alternative types of culvert pipes.
H. R. 3—7
Subtitle F—Bureau of Transportation Statistics 
Sec. 5601. Bureau of Transportation Statistics. 
TITLE VI—TRANSPORTATION PLANNING AND PROJECT DELIVERY 
Sec. 6001. Transportation planning. 
Sec. 6002. Efficient environmental reviews for project decisionmaking. 
Sec. 6003. State assumption of responsibilities for certain programs and projects. 
Sec. 6004. State assumption of responsibility for categorical exclusions. 
Sec. 6005. Surface transportation project delivery pilot program. 
Sec. 6006. Environmental restoration and pollution abatement; control of noxious 
weeds and aquatic noxious weeds and establishment of native species. 
Sec. 6007. Exemption of Interstate System. 
Sec. 6008. Integration of natural resource concerns into transportation project plan-
ning. 
Sec. 6009. Parks, recreation areas, wildlife and waterfowl refuges, and historic 
sites. 
Sec. 6010. Environmental review of activities that support deployment of intelligent 
transportation systems. 
Sec. 6011. Transportation conformity. 
Sec. 6012. Federal Reference Method. 
Sec. 6013. Air quality monitoring data influenced by exceptional events. 
Sec. 6014. Federal procurement of recycled coolant. 
Sec. 6015. Clean school bus program. 
Sec. 6016. Special designation. 
Sec. 6017. Increased use of recovered mineral component in federally funded 
projects involving procurement of cement or concrete. 
Sec. 6018. Use of granular mine tailings. 
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 7001. Short title. 
Sec. 7002. Amendment of title 49, United States Code. 
Subtitle A—General Authorities on Transportation of Hazardous Materials 
Sec. 7101. Findings and purpose. 
Sec. 7102. Definitions. 
Sec. 7103. General regulatory authority. 
Sec. 7104. Limitation on issuance of hazmat licenses. 
Sec. 7105. Background checks for drivers hauling hazardous materials. 
Sec. 7106. Representation and tampering. 
Sec. 7107. Technical amendments. 
Sec. 7108. Training of certain employees. 
Sec. 7109. Registration. 
Sec. 7110. Shipping papers and disclosure. 
Sec. 7111. Rail tank cars. 
Sec. 7112. Unsatisfactory safety ratings. 
Sec. 7113. Training curriculum for the public sector. 
Sec. 7114. Planning and training grants; Hazardous Materials Emergency Pre-
paredness Fund. 
Sec. 7115. Special permits and exclusions. 
Sec. 7116. Uniform forms and procedures. 
Sec. 7117. International uniformity of standards and requirements. 
Sec. 7118. Administrative authority. 
Sec. 7119. Enforcement. 
Sec. 7120. Civil penalty. 
Sec. 7121. Criminal penalty. 
Sec. 7122. Preemption. 
Sec. 7123. Judicial review. 
Sec. 7124. Relationship to other laws. 
Sec. 7125. Authorization of appropriations. 
Sec. 7126. References to the Secretary of Transportation. 
Sec. 7127. Criminal matters. 
Sec. 7128. Additional civil and criminal penalties. 
Sec. 7129. Hazardous material transportation plan requirement. 
Sec. 7130. Determining amount of undeclared shipments of hazardous materials 
entering the United States. 
Sec. 7131. Hazardous materials research projects. 
Sec. 7132. National first responder transportation incident response system. 
Sec. 7133. Common carrier pipeline system. 
Subtitle B—Sanitary Food Transportation 
Sec. 7201. Short title.
H. R. 3—8
Sec. 7202. Responsibilities of Secretary of Health and Human Services. 
Sec. 7203. Department of Transportation requirements. 
Sec. 7204. Effective date. 
Subtitle C—Research and Innovative Technology Administration 
Sec. 7301. Administrative authority. 
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE 
Sec. 8001. Discretionary spending limits for the highway and mass transit cat-
egories. 
Sec. 8002. Adjustments to align highway spending with revenues. 
Sec. 8003. Level of obligation limitations. 
Sec. 8004. Enforcement of guarantee. 
Sec. 8005. Transfer of Federal transit administrative expenses. 
TITLE IX—RAIL TRANSPORTATION 
Sec. 9001. High-speed rail corridor development. 
Sec. 9002. Capital grants for rail line relocation projects. 
Sec. 9003. Rehabilitation and improvement financing. 
Sec. 9004. Report regarding impact on public safety of train travel in communities 
without grade separation. 
Sec. 9005. Welded rail and tank car safety improvements. 
Sec. 9006. Alaska Railroad. 
Sec. 9007. Study of rail transportation and regulation. 
Sec. 9008. Hawaii port infrastructure expansion program. 
TITLE X—MISCELLANEOUS PROVISIONS 
Subtitle A—Sportfishing and Recreational Boating Safety 
Sec. 10101. Short title. 
CHAPTER 1—DINGELL-JOHNSON SPORT FISH RESTORATION ACT AMENDMENTS 
Sec. 10111. Amendment of Dingell-Johnson Sport Fish Restoration Act. 
Sec. 10112. Authorization of appropriations. 
Sec. 10113. Division of annual appropriations. 
Sec. 10114. Maintenance of projects. 
Sec. 10115. Boating infrastructure. 
Sec. 10116. Requirements and restrictions concerning use of amounts for expenses 
for Administration. 
Sec. 10117. Payments of funds to and cooperation with Puerto Rico, the District of 
Columbia, Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, and the Virgin Islands. 
Sec. 10118. Multistate conservation grant program. 
Sec. 10119. Expenditure of remaining balance in Boat Safety Account. 
CHAPTER 2—CLEAN VESSEL ACT OF 1992 AMENDMENTS 
Sec. 10131. Grant program. 
CHAPTER 3—RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS 
Sec. 10141. Technical correction. 
Sec. 10142. Availability of allocations. 
Sec. 10143. Authorization of appropriations for State recreational boating safety 
programs. 
Subtitle B—Other Miscellaneous Provisions 
Sec. 10201. Notice regarding participation of small business concerns. 
Sec. 10202. Emergency medical services. 
Sec. 10203. Hubzone program. 
Sec. 10204. Catastrophic hurricane evacuation plans. 
Sec. 10205. Intermodal transportation facility expansion. 
Sec. 10206. Eligibility to participate in western Alaska community development 
quota program. 
Sec. 10207. Rail rehabilitation and bridge repair. 
Sec. 10208. Rented or leased motor vehicles. 
Sec. 10209. Midway Island. 
Sec. 10210. Demonstration of digital project simulation. 
Sec. 10211. Environmental programs. 
Sec. 10212. Rescission of unobligated balances. 
Sec. 10213. Tribal land. 
Subtitle C—Specific Vehicle Safety-related Rulings 
Sec. 10301. Vehicle rollover prevention and crash mitigation.
H. R. 3—9
Sec. 10302. Side-impact crash protection rulemaking. 
Sec. 10303. Tire research. 
Sec. 10304. Vehicle backover avoidance technology study. 
Sec. 10305. Nontraffic incident data collection. 
Sec. 10306. Study of safety belt use technologies. 
Sec. 10307. Amendment of Automobile Information Disclosure Act. 
Sec. 10308. Power window switches. 
Sec. 10309. 15-Passenger van safety. 
Sec. 10310. Authorization of appropriations. 
TITLE XI—HIGHWAY REAUTHORIZATION AND EXCISE TAX 
SIMPLIFICATION 
Sec. 11100. Amendment of 1986 Code. 
Subtitle A—Trust Fund Reauthorization 
Sec. 11101. Extension of highway-related taxes and trust funds. 
Sec. 11102. Modification of adjustments of apportionments. 
Subtitle B—Excise Tax Reform and Simplification 
PART 1—HIGHWAY EXCISE TAXES 
Sec. 11111. Modification of gas guzzler tax. 
Sec. 11112. Exclusion for tractors weighing 19,500 pounds or less from Federal ex-
cise tax on heavy trucks and trailers. 
Sec. 11113. Volumetric excise tax credit for alternative fuels. 
PART 2—AQUATIC EXCISE TAXES 
Sec. 11115. Elimination of Aquatic Resources Trust Fund and transformation of 
Sport Fish Restoration Account. 
Sec. 11116. Repeal of harbor maintenance tax on exports. 
Sec. 11117. Cap on excise tax on certain fishing equipment. 
PART 3—AERIAL EXCISE TAXES 
Sec. 11121. Clarification of excise tax exemptions for agricultural aerial applicators 
and exemption for Fixed-Wing aircraft engaged in forestry operations. 
Sec. 11122. Modification of rural airport definition. 
Sec. 11123. Exemption from taxes on transportation provided by seaplanes. 
Sec. 11124. Certain sightseeing flights exempt from taxes on air transportation. 
PART 4—TAXES RELATING TO ALCOHOL 
Sec. 11125. Repeal of special occupational taxes on producers and marketers of al-
coholic beverages. 
Sec. 11126. Income tax credit for distilled spirits wholesalers and for distilled spir-
its in control State bailment warehouses for costs of carrying Federal ex-
cise taxes on bottled distilled spirits. 
Sec. 11127. Quarterly excise tax filing for small alcohol excise taxpayers. 
PART 5—SPORT EXCISE TAXES 
Sec. 11131. Custom gunsmiths. 
Subtitle C—Miscellaneous Provisions 
Sec. 11141. Motor Fuel Tax Enforcement Advisory Commission. 
Sec. 11142. National Surface Transportation Infrastructure Financing Commission. 
Sec. 11143. Tax-exempt financing of highway projects and rail-truck transfer facili-
ties. 
Sec. 11144. Treasury study of highway fuels used by trucks for non-transportation 
purposes. 
Sec. 11145. Diesel fuel tax evasion report. 
Sec. 11146. Tax treatment of State ownership of railroad real estate investment 
trust. 
Sec. 11147. Limitation on transfers to the Leaking Underground Storage Tank 
Trust Fund. 
Subtitle D—Highway-Related Technical Corrections 
Sec. 11151. Highway-related technical corrections. 
Subtitle E—Preventing Fuel Fraud 
Sec. 11161. Treatment of kerosene for use in aviation. 
Sec. 11162. Repeal of ultimate vendor refund claims with respect to farming.
H. R. 3—10
Sec. 11163. Refunds of excise taxes on exempt sales of fuel by credit card. 
Sec. 11164. Reregistration in event of change in ownership. 
Sec. 11165. Reconciliation of on-loaded cargo to entered cargo. 
Sec. 11166. Treatment of deep-draft vessels. 
Sec. 11167. Penalty with respect to certain adulterated fuels.
SEC. 2. GENERAL DEFINITIONS. 
In this Act, the following definitions apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Transportation. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Transportation. 
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorization of Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account): 
(1) INTERSTATE
MAINTENANCE
PROGRAM.—For the Inter-
state maintenance program under section 119 of title 23, United 
States Code—
(A) $4,883,759,623 for fiscal year 2005; 
(B) $4,960,788,917 for fiscal year 2006; 
(C) $5,039,058,556 for fiscal year 2007; 
(D) $5,118,588,513 for fiscal year 2008; and 
(E) $5,199,399,081 for fiscal year 2009. 
(2) NATIONAL HIGHWAY SYSTEM.—For the National Highway 
System under section 103 of such title—
(A) $5,911,200,104 for fiscal year 2005; 
(B) $6,005,256,569 for fiscal year 2006; 
(C) $6,110,827,556 for fiscal year 2007; 
(D) $6,207,937,450 for fiscal year 2008; and 
(E) $6,306,611,031 for fiscal year 2009. 
(3) BRIDGE PROGRAM.—For the bridge program under sec-
tion 144 of such title—
(A) $4,187,708,821 for fiscal year 2005; 
(B) $4,253,530,131 for fiscal year 2006; 
(C) $4,320,411,313 for fiscal year 2007; 
(D) $4,388,369,431 for fiscal year 2008; and 
(E) $4,457,421,829 for fiscal year 2009. 
(4) SURFACE TRANSPORTATION PROGRAM.—For the surface 
transportation program under section 133 of such title—
(A) $6,860,096,662 for fiscal year 2005; 
(B) $6,269,833,394 for fiscal year 2006; 
(C) $6,370,469,775 for fiscal year 2007; 
(D) $6,472,726,628 for fiscal year 2008; and 
(E) $6,576,630,046 for fiscal year 2009. 
(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
PROGRAM.—For the congestion mitigation and air quality 
improvement program under section 149 of such title—
(A) $1,667,255,304 for fiscal year 2005; 
(B) $1,694,101,866 for fiscal year 2006; 
(C) $1,721,380,718 for fiscal year 2007; 
(D) $1,749,098,821 for fiscal year 2008; and
H. R. 3—11
(E) $1,777,263,247 for fiscal year 2009. 
(6) HIGHWAY
SAFETY
IMPROVEMENT
PROGRAM.—For the 
highway safety improvement program under section 148 of 
such title—
(A) $1,235,810,000 for fiscal year 2006; 
(B) $1,255,709,322 for fiscal year 2007; 
(C) $1,275,929,067 for fiscal year 2008; and 
(D) $1,296,474,396 for fiscal year 2009. 
(7) APPALACHIAN
DEVELOPMENT
HIGHWAY
SYSTEM
PRO-
GRAM.—For the Appalachian development highway system pro-
gram under subtitle IV of title 40, United States Code, 
$470,000,000 for each of fiscal years 2005 through 2009. 
(8) RECREATIONAL TRAILS PROGRAM.—For the recreational 
trails program under section 206 of title 23, United States 
Code—
(A) $60,000,000 for fiscal year 2005; 
(B) $70,000,000 for fiscal year 2006; 
(C) $75,000,000 for fiscal year 2007; 
(D) $80,000,000 for fiscal year 2008; and 
(E) $85,000,000 for fiscal year 2009. 
(9) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN RESERVATION ROADS.—For Indian reserva-
tion roads under section 204 of such title—
(i) $300,000,000 for fiscal year 2005; 
(ii) $330,000,000 for fiscal year 2006; 
(iii) $370,000,000 for fiscal year 2007; 
(iv) $410,000,000 for fiscal year 2008; and 
(v) $450,000,000 for fiscal year 2009. 
(B) PARK ROADS AND PARKWAYS.—
(i) IN
GENERAL.—For park roads and parkways 
under section 204 of such title—
(I) $180,000,000 for fiscal year 2005; 
(II) $195,000,000 for fiscal year 2006; 
(III) $210,000,000 for fiscal year 2007; 
(IV) $225,000,000 for fiscal year 2008; and 
(V) $240,000,000 for fiscal year 2009. 
(ii) MINIMUM ALLOCATION TO CERTAIN STATES.—
A State containing more than 50 percent of the total 
acreage of the National Park System shall receive not 
less than 3 percent of any funds appropriated under 
this subparagraph. 
(C) REFUGE ROADS.—For refuge roads under section 
204 of such title, $29,000,000 for each of fiscal years 2005 
through 2009. 
(D) PUBLIC LANDS HIGHWAYS.—For Federal lands high-
ways under section 204 of such title—
(i) $260,000,000 for fiscal year 2005; 
(ii) $280,000,000 for fiscal year 2006; 
(iii) $280,000,000 for fiscal year 2007; 
(iv) $290,000,000 for fiscal year 2008; and 
(v) $300,000,000 for fiscal year 2009. 
(10) NATIONAL
CORRIDOR
INFRASTRUCTURE
IMPROVEMENT 
PROGRAM.—For the national corridor infrastructure improve-
ment program under section 1302 of this Act—
(A) $194,800,000 for fiscal year 2005; 
(B) $389,600,000 for fiscal year 2006; 
(C) $487,000,000 for fiscal year 2007;
H. R. 3—12
(D) $487,000,000 for fiscal year 2008; and 
(E) $389,600,000 for fiscal year 2009. 
(11) COORDINATED
BORDER
INFRASTRUCTURE
PROGRAM.—
For the coordinated border infrastructure program under sec-
tion 1303 of this Act—
(A) $123,000,000 for fiscal year 2005; 
(B) $145,000,000 for fiscal year 2006; 
(C) $165,000,000 for fiscal year 2007; 
(D) $190,000,000 for fiscal year 2008; and 
(E) $210,000,000 for fiscal year 2009. 
(12) NATIONAL SCENIC BYWAYS PROGRAM.—For the national 
scenic byways program under section 162 of such title—
(A) $26,500,000 for fiscal year 2005; 
(B) $30,000,000 for fiscal year 2006; 
(C) $35,000,000 for fiscal year 2007; 
(D) $40,000,000 for fiscal year 2008; and 
(E) $43,500,000 for fiscal year 2009. 
(13) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
FACILITIES.—For construction of ferry boats and ferry terminal 
facilities under section 147 of such title—
(A) $38,000,000 for fiscal year 2005; 
(B) $55,000,000 for fiscal year 2006; 
(C) $60,000,000 for fiscal year 2007; 
(D) $65,000,000 for fiscal year 2008; and 
(E) $67,000,000 for fiscal year 2009. 
(14) PUERTO RICO HIGHWAY PROGRAM.—For the Puerto Rico 
highway program under section 165 of such title—
(A) $115,000,000 for fiscal year 2005; 
(B) $120,000,000 for fiscal year 2006; 
(C) $135,000,000 for fiscal year 2007; 
(D) $145,000,000 for fiscal year 2008; and 
(E) $150,000,000 for fiscal year 2009. 
(15) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE 
PROGRAM.—For the projects of national and regional signifi-
cance program under section 1301 of this Act—
(A) $177,900,000 for fiscal year 2005; 
(B) $355,800,000 for fiscal year 2006; 
(C) $444,750,000 for fiscal year 2007; 
(D) $444,750,000 for fiscal year 2008; and 
(E) $355,800,000 for fiscal year 2009. 
(16) HIGH PRIORITY PROJECTS PROGRAM.—For the high pri-
ority projects program under section 117 of title 23, United 
States Code, $2,966,400,000 for each of fiscal years 2005 
through 2009. 
(17) SAFE
ROUTES
TO
SCHOOL
PROGRAM.—For the safe 
routes to school program under section 1404 of this Act—
(A) $54,000,000 for fiscal year 2005; 
(B) $100,000,000 for fiscal year 2006; 
(C) $125,000,000 for fiscal year 2007; 
(D) $150,000,000 for fiscal year 2008; and 
(E) $183,000,000 for fiscal year 2009. 
(18) DEPLOYMENT
OF
MAGNETIC
LEVITATION
TRANSPOR-
TATION PROJECTS.—For the deployment of magnetic levitation 
projects under section 1307 of this Act—
(A) $15,000,000 for each of fiscal years 2006 and 2007; 
and 
(B) $30,000,000 for each of fiscal years 2008 and 2009.
H. R. 3—13
(19) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND 
COORDINATED
BORDER
INFRASTRUCTURE
PROGRAMS.—For the 
national corridor planning and development and coordinated 
border infrastructure programs under sections 1118 and 1119 
of the Transportation Equity Act for the 21st Century (112 
Stat. 161, 163) $140,000,000 for fiscal year 2005. 
(20) HIGHWAYS FOR LIFE.—For the Highways for LIFE Pro-
gram under section 1502 of this Act—
(A) $15,000,000 for fiscal year 2006; and 
(B) $20,000,000 for each of fiscal years 2007 through 
2009. 
(21) HIGHWAY USE TAX EVASION PROJECTS.—For highway 
use tax evasion projects under section 1115 of this Act—
(A) $5,000,000 for fiscal year 2005; 
(B) $44,800,000 for fiscal year 2006; 
(C) $53,300,000 for fiscal year 2007; and 
(D) $12,000,000 for each of fiscal years 2008 and 2009. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) SMALL BUSINESS CONCERN.—The term ‘‘small busi-
ness concern’’ has the meaning that term has under section 
3 of the Small Business Act (15 U.S.C. 632), except that 
the term shall not include any concern or group of concerns 
controlled by the same socially and economically disadvan-
taged individual or individuals which has average annual 
gross receipts over the preceding 3 fiscal years in excess 
of $19,570,000, as adjusted annually by the Secretary for 
inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DISADVANTAGED 
INDIVIDUALS.—The term ‘‘socially and economically dis-
advantaged individuals’’ has the meaning that term has 
under section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations issued 
pursuant to that Act, except that women shall be presumed 
to be socially and economically disadvantaged individuals 
for purposes of this subsection. 
(2) 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, III, and V 
of this Act and section 403 of title 23, United States Code, 
shall be expended through small business concerns owned and 
controlled by socially and economically disadvantaged individ-
uals. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-
PRISES.—Each State shall annually—
(A) survey and compile a list of the small business 
concerns referred to in paragraph (1) and the location of 
the concerns in the State; and 
(B) notify the Secretary, in writing, of the percentage 
of the concerns that 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. 
(4) UNIFORM CERTIFICATION.—The Secretary shall establish 
minimum uniform criteria for State governments to use in
H. R. 3—14
certifying whether a concern qualifies for purposes of this sub-
section. The minimum uniform criteria shall include, but not 
be limited to, on-site visits, personal interviews, licenses, anal-
ysis of stock ownership, listing of equipment, analysis of 
bonding capacity, listing of work completed, resume of principal 
owners, financial capacity, and type of work preferred. 
(5) COMPLIANCE WITH COURT ORDERS.—Nothing in this sub-
section limits the eligibility of an entity or person to receive 
funds made available under titles I, III, and V of this Act 
and section 403 of title 23, United States Code, if the entity 
or person is prevented, in whole or in part, from complying 
with paragraph (1) because a Federal court issues a final order 
in which the court finds that the requirement of paragraph 
(1), or the program established under paragraph (1), is unconsti-
tutional. 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Subject to subsections (g) and (h), 
and notwithstanding any other provision of law, the obligations 
for Federal-aid highway and highway safety construction programs 
shall not exceed—
(1) $34,422,400,000 for fiscal year 2005; 
(2) $36,032,343,903 for fiscal year 2006; 
(3) $38,244,210,516 for fiscal year 2007; 
(4) $39,585,075,404 for fiscal year 2008; and 
(5) $41,199,970,178 for fiscal year 2009. 
(b) EXCEPTIONS.—The limitations under subsection (a) shall 
not apply to obligations under or for—
(1) section 125 of title 23, United States Code; 
(2) section 147 of the Surface Transportation Assistance 
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 
(3) section 9 of the Federal-Aid Highway Act of 1981 (Public 
Law 97–134; 95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the Surface 
Transportation Assistance Act of 1982 (Public Law 97–424; 
96 Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 
(Public Law 100–17; 101 Stat. 198); 
(6) sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102–240; 
105 Stat. 2027); 
(7) section 157 of title 23, United States Code (as in effect 
on June 8, 1998); 
(8) section 105 of title 23, United States Code (as in effect 
for fiscal years 1998 through 2004, but only in an amount 
equal to $639,000,000 for each of those fiscal years); 
(9) Federal-aid highway programs for which obligation 
authority was made available under the Transportation Equity 
Act for the 21st Century (Public Law 105–178; 112 Stat. 107) 
or subsequent public laws for multiple years or to remain 
available until used, but only to the extent that the obligation 
authority has not lapsed or been used; 
(10) section 105 of title 23, United States Code (but, for 
each of fiscal years 2005 through 2009, only in an amount 
equal to $639,000,000 per fiscal year); and
H. R. 3—15
(11) section 1603 of this Act, to the extent that funds 
obligated in accordance with that section were not subject to 
a limitation on obligations at the time at which the funds 
were initially made available for obligation. 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal 
years 2005 through 2009, the Secretary—
(1) shall not distribute obligation authority provided by 
subsection (a) for the fiscal year for—
(A) amounts authorized for administrative expenses 
and programs by section 104(a) of title 23, United States 
Code; 
(B) programs funded from the administrative takedown 
authorized by section 104(a)(1) of title 23, United States 
Code (as in effect on the date before the date of enactment 
of this Act); and 
(C) amounts authorized for the highway use tax eva-
sion program and the Bureau of Transportation Statistics; 
(2) shall not distribute an amount of obligation authority 
provided by subsection (a) that is equal to the unobligated 
balance of amounts made available from the Highway Trust 
Fund (other than the Mass Transit Account) for Federal-aid 
highway and highway safety programs for previous fiscal years 
the funds for which are allocated by the Secretary; 
(3) shall determine the ratio that—
(A) the obligation authority provided by subsection (a) 
for the fiscal year, less the aggregate of amounts not distrib-
uted under paragraphs (1) and (2); bears to 
(B) the total of the sums authorized to be appropriated 
for the Federal-aid highway and highway safety construc-
tion programs (other than sums authorized to be appro-
priated for provisions of law described in paragraphs (1) 
through (9) of subsection (b) and sums authorized to be 
appropriated for section 105 of title 23, United States Code, 
equal to the amount referred to in subsection (b)(10) for 
the fiscal year), less the aggregate of the amounts not 
distributed under paragraphs (1) and (2); 
(4)(A) shall distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not distributed 
under paragraphs (1) and (2), for sections 1301, 1302, and 
1934 of this Act, sections 117 but individually for each of 
project numbered 1 through 3676 listed in the table contained 
in section 1702 of this Act and 144(g) of title 23, United States 
Code, and section 14501 of title 40, United States Code, and, 
during fiscal year 2005, amounts for programs, projects, and 
activities authorized by section 117 of title I of division H 
of the Consolidated Appropriations Act, 2005 (Public Law 108–
447; 118 Stat. 3212), so that the amount of obligation authority 
available for each of such sections is equal to the amount 
determined by multiplying—
(i) the ratio determined under paragraph (3); by 
(ii) the sums authorized to be appropriated for that 
section for the fiscal year; and 
(B) shall distribute $2,000,000,000 for section 105 of title 
23, United States Code; 
(5) shall distribute among the States the obligation 
authority provided by subsection (a), less the aggregate 
amounts not distributed under paragraphs (1) and (2), for each