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‘‘(ii) open to public travel.
‘‘(29) PUBLIC
ROAD.—The term ‘public road’
means any road or street that is—
‘‘(A) under the jurisdiction of, and main-
tained by, a public authority; and
‘‘(B) open to public travel.
‘‘(30) RECREATIONAL
ROAD.—The term ‘rec-
reational road’ means a public road—
‘‘(A) that provides access to a museum, lake,
reservoir, visitors center, gateway to a major
wilderness area, public use area, or recreational
or historic site; and
‘‘(B) for which title is vested in the Federal
Government.
‘‘(31) REFUGE ROAD.—The term ‘refuge road’
means a public road—
‘‘(A) that provides access to or within a
unit of the National Wildlife Refuge System or
a national fish hatchery; and
‘‘(B) for which title and maintenance re-
sponsibility is vested in the United States Gov-
ernment.
‘‘(32) RURAL
AREA.—The term ‘rural area’
means an area of a State that is not included in an
urban area.
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‘‘(33) SECRETARY.—The term ‘Secretary’ means
the Secretary of Transportation.
‘‘(34) STATE.—The term ‘State’ means—
‘‘(A) a State;
‘‘(B) the District of Columbia; and
‘‘(C) the Commonwealth of Puerto Rico.
‘‘(35) STATE FUNDS.—The term ‘State funds’ in-
cludes funds that are—
‘‘(A) raised under the authority of the State
(or any political or other subdivision of a State);
and
‘‘(B) made available for expenditure under
the direct control of the State transportation de-
partment.
‘‘(36) STATE TRANSPORTATION DEPARTMENT.—
The term ‘State transportation department’ means
the department, agency, commission, board, or official
of any State charged by the laws of the State with the
responsibility for highway construction.
‘‘(37) TERRITORIAL
HIGHWAY
SYSTEM.—The
term ‘territorial highway system’ means the system of
arterial highways, collector roads, and necessary
interisland connectors in American Samoa, the Com-
monwealth of the Northern Mariana Islands, Guam,
and the United States Virgin Islands that have been
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designated by the appropriate Governor or chief exec-
utive officer of a territory, and approved by the Sec-
retary, in accordance with section 215.
‘‘(38) TRANSPORTATION
ENHANCEMENT
ACTIV-
ITY.—The term ‘transportation enhancement activity’
means, with respect to any project or the area to be
served by the project, any of the following activities
as the activities relate to surface transportation:
‘‘(A) Provision of facilities for pedestrians
and bicycles.
‘‘(B) Provision of safety and educational
activities for pedestrians and bicyclists.
‘‘(C) Acquisition of scenic easements and
scenic or historic sites (including historic battle-
fields).
‘‘(D) Scenic or historic highway programs
(including the provision of tourist and welcome
center facilities).
‘‘(E) Landscaping and other scenic beautifi-
cation.
‘‘(F) Historic preservation.
‘‘(G) Rehabilitation and operation of his-
toric transportation buildings, structures, or fa-
cilities (including historic railroad facilities and
canals).
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‘‘(H) Preservation of abandoned railway
corridors (including the conversion and use of
the corridors for pedestrian or bicycle trails).
‘‘(I) Inventory, control, and removal of out-
door advertising.
‘‘(J) Archaeological planning and research.
‘‘(K) Environmental mitigation—
‘‘(i) to address water pollution due to
highway runoff; or
‘‘(ii) reduce vehicle-caused wildlife
mortality 
while 
maintaining 
habitat
connectivity.
‘‘(L) Establishment of transportation muse-
ums.
‘‘(39) TRANSPORTATION SYSTEMS MANAGEMENT
AND OPERATIONS.—
‘‘(A) IN
GENERAL.—The term ‘transpor-
tation systems management and operations’
means an integrated program to optimize the
performance of existing infrastructure through
the implementation of multimodal and inter-
modal, cross-jurisdictional systems, services, and
projects designed to preserve capacity and im-
prove security, safety, and reliability of the
transportation system.
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‘‘(B) INCLUSIONS.—The term ‘transpor-
tation systems management and operations’
includes—
‘‘(i) regional operations collaboration
and coordination activities between trans-
portation and public safety agencies; and
‘‘(ii) improvements to the transpor-
tation system such as traffic detection and
surveillance, arterial management, freeway
management, demand management, work
zone management, emergency management,
electronic toll collection, automated enforce-
ment, traffic incident management, road-
way weather management, traveler infor-
mation services, commercial vehicle oper-
ations, traffic control, freight management,
and coordination of highway, rail, transit,
bicycle, and pedestrian operations.
‘‘(40) URBAN
AREA.—The term ‘urban area’
means—
‘‘(A) an urbanized area (or, in the case of
an urbanized area encompassing more than 1
State, the portion of the urbanized area in each
State); and
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‘‘(B) an urban place designated by the Bu-
reau of the Census that—
‘‘(i) has a population of 5,000 or more;
‘‘(ii) is not located within any urban-
ized area; and
‘‘(iii) is located within boundaries
that—
‘‘(I) are fixed cooperatively by re-
sponsible State and local officials, sub-
ject to approval by the Secretary; and
‘‘(II) encompass, at a minimum,
the entire urban place designated by
the Bureau of the Census (except in the
case of cities in the State of Maine and
in the State of New Hampshire).
‘‘(41) URBANIZED AREA.—The term ‘urbanized
area’ means an area that—
‘‘(A) has a population of 50,000 or more;
‘‘(B) is designated by the Bureau of the
Census; and
‘‘(C) is located within boundaries that—
‘‘(i) are fixed cooperatively by respon-
sible State and local officials, subject to ap-
proval by the Secretary; and
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‘‘(ii) encompass, at a minimum, the
entire urbanized area within a State as des-
ignated by the Bureau of the Census.’’.
TITLE I—FEDERAL-AID
HIGHWAYS
Subtitle A—Funding
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
The following sums are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Tran-
sit Account):
(1) INTERSTATE MAINTENANCE PROGRAM.—For
the Interstate maintenance program under section
119 of title 23, United States Code—
(A) $6,017,113,333 for fiscal year 2005;
(B) $6,258,525,160 for fiscal year 2006;
(C) $6,276,479,750 for fiscal year 2007;
(D) $6,589,235,166 for fiscal year 2008;
and
(E) $6,685,150,152 for fiscal year 2009.
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of that
title—
(A) $7,316,858,660 for fiscal year 2005;
(B) $7,606,591,948 for fiscal year 2006;
(C) $7,628,384,160 for fiscal year 2007;
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(D) $8,007,988,062 for fiscal year 2008;
and
(E) $8,124,348,085 for fiscal year 2009.
(3) BRIDGE PROGRAM.—For the bridge program
under section 144 of that title—
(A) $5,171,723,801 for fiscal year 2005;
(B) $5,365,009,649 for fiscal year 2006;
(C) $5,349,259,875 for fiscal year 2007;
(D) $5,647,754,080 for fiscal year 2008;
and
(E) $5,729,786,635 for fiscal year 2009.
(4) SURFACE TRANSPORTATION PROGRAM.—For
the surface transportation program under section 133
of that title—
(A) $7,588,497,988 for fiscal year 2005;
(B) $7,878,361,598 for fiscal year 2006;
(C) $7,900,976,158 for fiscal year 2007;
(D) $8,294,904,735 for fiscal year 2008;
and
(E) $8,415,808,100 for fiscal year 2009.
(5) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—For the congestion mitiga-
tion and air quality improvement program under sec-
tion 149 of that title—
(A) $2,051,899,502 for fiscal year 2005;
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(B) $2,124,435,995 for fiscal year 2006;
(C) $2,130,535,073 for fiscal year 2007;
(D) $2,236,776,417 for fiscal year 2008;
and
(E) $2,269,463,235 for fiscal year 2009.
(6) 
HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram under section 148 of that title—
(A) $1,253,007,425 for fiscal year 2005;
(C) $1,291,977,089 for fiscal year 2006;
(D) $1,305,007,731 for fiscal year 2007;
(E) $1,369,468,771 for fiscal year 2008;
and
(F) $1,389,408,993 for fiscal year 2009.
(7) APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM
PROGRAM.—For the Appalachian development
highway system program under section 170 of that
title, $552,048,803 for each of fiscal years 2005
through 2009.
(8) RECREATIONAL TRAILS PROGRAM.—For the
recreational trails program under section 206 of that
title, $56,140,557 for each of fiscal years 2005
through 2009.
(9) FEDERAL LANDS HIGHWAYS PROGRAM.—
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(A) INDIAN RESERVATION ROADS.—For In-
dian reservation roads under section 204 of that
title—
(i) $305,054,403 for fiscal year 2005;
(ii) $328,520,126 for fiscal year 2006;
(iii) $351,985,849 for fiscal year 2007;
(iv) $375,451,572 for fiscal year 2008;
and
(v) $398,917,296 for fiscal year 2009.
(B) RECREATION
ROADS.—For recreation
roads under section 204 of that title, $46,931,447
for each of fiscal years 2005 through 2009.
(C) PARK ROADS AND PARKWAYS.—
(i) IN GENERAL.—For park roads and
parkways under section 204 of that title—
(I) $320,000,000 for fiscal year
2005; and
(II) $330,000,000 for each of fis-
cal years 2006 through 2009.
(ii) MINIMUM ALLOCATION TO CERTAIN
STATES.—A State more than 50 percent of
the acreage of which is within the National
Park System shall receive not less than 3
percent of any funds appropriated under
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this subparagraph, to be used for park
transportation projects.
(iii) MODIFICATION
OF
AUTHORIZA-
TION.—Any amount authorized to be appro-
priated under section 2001(a)(1)(A) to
carry out surface transportation research
shall be reduced by—
(I) 
for 
fiscal 
year 
2005,
$29,025,031; and
(II) for each of fiscal years 2006
through 2009, $29,638,742.
(D) REFUGE
ROADS.—For refuge roads
under section 204 of that title, $29,158,868 for
each of fiscal years 2005 through 2009.
(E) PUBLIC LANDS HIGHWAYS.—For Fed-
eral lands highways under section 204 of that
title, $281,588,679 for each of fiscal years 2005
through 2009.
(F) SAFETY.—For safety under section 204
of that title, $37,545,157 for each of fiscal years
2005 through 2009.
(10) MULTISTATE CORRIDOR PROGRAM.—For the
multistate corridor program under section 171 of that
title—
(A) $124,987,840 for fiscal year 2005;
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(B) $145,819,146 for fiscal year 2006;
(C) $166,650,453 for fiscal year 2007;
(D) $187,481,760 for fiscal year 2008; and
(E) $208,313,066 for fiscal year 2009.
(11) BORDER
PLANNING, 
OPERATIONS, 
AND
TECHNOLOGY
PROGRAM.—For the border planning,
operations, and technology program under section 172
of that title—
(A) $124,987,840 for fiscal year 2005;
(B) $145,819,146 for fiscal year 2006;
(C) $166,650,453 for fiscal year 2007;
(D) $187,481,760 for fiscal year 2008; and
(E) $208,313,066 for fiscal year 2009.
(12) NATIONAL SCENIC BYWAYS PROGRAM.—For
the national scenic byways program under section
162 of that title—
(A) $32,852,013 for fiscal year 2005;
(B) $33,790,642 for fiscal year 2006;
(C) $34,729,270 for fiscal year 2007; and
(D) $36,606,528 for each of fiscal years
2008 and 2009.
(13) INFRASTRUCTURE PERFORMANCE AND MAIN-
TENANCE PROGRAM.—For carrying out the infrastruc-
ture performance and maintenance program under
section 139 of that title $0 for fiscal year 2004.
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(14) CONSTRUCTION
OF
FERRY
BOATS
AND
FERRY
TERMINAL
FACILITIES.—For construction of
ferry boats and ferry terminal facilities under section
147 of that title, $56,916,300 for each of fiscal years
2005 through 2009.
(15) COMMONWEALTH OF PUERTO RICO HIGH-
WAY
PROGRAM.—For the Commonwealth of Puerto
Rico highway program under section 173 of that
title—
(A) $136,101,195 for fiscal year 2005;
(B) $139,855,711 for fiscal year 2006;
(C) $144,548,855 for fiscal year 2007;
(D) $150,180,629 for fiscal year 2008; and
(E) $152,996,516 for fiscal year 2009.
(16) PUBLIC-PRIVATE PARTNERSHIPS PILOT PRO-
GRAM.—For the public-private partnerships pilot pro-
gram under section 109(c)(3) of that title, $8,386,289
for each of fiscal years 2005 through 2009.
(17) DENALI ACCESS SYSTEM.—For the Denali
Access System under section 309 of the Denali Com-
mission Act of 1998 (42 U.S.C. 3121 note; Public
Law 105–277), $28,158,868 for each of fiscal years
2005 through 2009.
(18) DELTA REGION TRANSPORTATION DEVELOP-
MENT PROGRAM.—For planning and construction ac-
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tivities authorized under the Delta Regional Author-
ity, $75,090,314 for each of fiscal years 2005 through
2009.
(19) INTERMODAL PASSENGER FACILITIES.—For
intermodal passenger facilities under subchapter III
of chapter 55 of title 49, United States Code,
$9,386,289 for each of fiscal years 2005 through 2009.
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) $34,263,000,000 for fiscal year 2005;
(2) $38,924,000,000 for fiscal year 2006;
(3) $39,352,000,000 for fiscal year 2007;
(4) $41,304,000,000 for fiscal year 2008; and
(5) $42,007,000,000 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 As-
sistance 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);
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(4) subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982 (Pub-
lic Law 97–424; 96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation As-
sistance Act of 1987 (Public Law 100–17; 101 Stat.
198);
(6) sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (Pub-
lic 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 2003, but
only in an amount equal to $639,000,000 for each of
those fiscal years);
(9) Federal-aid highway programs for which ob-
ligation authority was made available under the
Transportation Equity Act for the 21st Century (Pub-
lic 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 author-
ity 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
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in an amount equal to $639,000,000 per fiscal year);
and
(11) section 1106 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 pro-
vided 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 administra-
tive takedown authorized by section 104(a)(1) of
title 23, United States Code; and
(C) amounts authorized for the highway use
tax evasion program and the Bureau of Trans-
portation 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 high-
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way 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 aggre-
gate of amounts not distributed under para-
graphs (1) and (2); bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for pro-
visions of law described in paragraphs (1)
through (9) of subsection (b) and sums author-
ized to be appropriated for section 105 of title
23, United States Code, equal to the amount re-
ferred to in subsection (b)(10) for the fiscal
year), less the aggregate of the amounts not dis-
tributed under paragraphs (1) and (2);
(4) shall distribute the obligation authority pro-
vided by subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2), for section
14501 of title 40, United States Code, so that the
amount of obligation authority available for that sec-
tion is equal to the amount determined by
multiplying—
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(A) the ratio determined under paragraph
(3); by
(B) the sums authorized to be appropriated
for that section for the fiscal year;
(5) shall distribute among the States the obliga-
tion authority provided by subsection (a), less the ag-
gregate amounts not distributed under paragraphs (1)
and (2), for each of the programs that are allocated
by the Secretary under this Act and title 23, United
States Code (other than to programs to which para-
graph (1) applies), by multiplying—
(A) the ratio determined under paragraph
(3); by
(B) the amounts authorized to be appro-
priated for each such program for the fiscal year;
and
(6) shall distribute the obligation authority pro-
vided by subsection (a), less the aggregate amounts
not distributed under paragraphs (1) and (2) and the
amounts distributed under paragraphs (4) and (5),
for Federal-aid highway and highway safety construc-
tion programs (other than the amounts apportioned
for the equity bonus program, but only to the extent
that the amounts apportioned for the equity bonus
program for the fiscal year are greater than
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$639,000,000, and the Appalachian development high-
way system program) that are apportioned by the
Secretary under this Act and title 23, United States
Code, in the ratio that—
(A) amounts authorized to be appropriated
for the programs that are apportioned to each
State for the fiscal year; bear to
(B) the total of the amounts authorized to
be appropriated for the programs that are ap-
portioned to all States for the fiscal year.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary
shall, after August 1 of each of fiscal years 2005 through
2009—
(1) revise a distribution of the obligation author-
ity made available under subsection (c) if an amount
distributed cannot be obligated during that fiscal
year; and
(2) redistribute sufficient amounts to those States
able to obligate amounts in addition to those pre-
viously distributed during that fiscal year, giving pri-
ority to those States having large unobligated bal-
ances of funds apportioned under sections 104 and
144 of title 23, United States Code.
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(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO
TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), obligation limitations imposed by sub-
section (a) shall apply to contract authority for trans-
portation research programs carried out under—
(A) chapter 5 of title 23, United States
Code; and
(B) title II of this Act.
(2) EXCEPTION.—Obligation authority made
available under paragraph (1) shall—
(A) remain available for a period of 3 fiscal
years; and
(B) be in addition to the amount of any
limitation imposed on obligations for Federal-
aid highway and highway safety construction
programs for future fiscal years.
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED
FUNDS.—
(1) IN GENERAL.—Not later than 30 days after
the date of distribution of obligation authority under
subsection (c) for each of fiscal years 2005 through
2009, the Secretary shall distribute to the States any
funds that—
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(A) are authorized to be appropriated for
the fiscal year for Federal-aid highway pro-
grams; and
(B) the Secretary determines will not be al-
located to the States, and will not be available
for obligation, in the fiscal year due to the impo-
sition of any obligation limitation for the fiscal
year.
(2) RATIO.—Funds shall be distributed under
paragraph (1) in the same ratio as the distribution
of obligation authority under subsection (c)(6).
(3) AVAILABILITY.—Funds distributed under
paragraph (1) shall be available for any purpose de-
scribed in section 133(b) of title 23, United States
Code.
(g) SPECIAL RULE.—Obligation authority distributed
for a fiscal year under subsection (c)(4) for the provision
specified in subsection (c)(4) shall—
(1) remain available until used for obligation of
funds for that provision; and
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway
and highway safety construction programs for future
fiscal years.
(h) ADJUSTMENT IN OBLIGATION LIMIT.—
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(1) IN GENERAL.—A limitation on obligations
imposed by subsection (a) for a fiscal year shall be
adjusted by an amount equal to the amount deter-
mined in accordance with section 251(b)(1)(B) of the
Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901(b)(1)(B)) for the fiscal year.
(2) DISTRIBUTION.—An adjustment under para-
graph (1) shall be distributed in accordance with this
section.
(i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA-
TIVE EXPENSES.—Notwithstanding any other provision of
law, the total amount of all obligations under section 104(a)
of title 23, United States Code, shall not exceed—
(1) $436,462,453 for fiscal year 2005;
(2) $450,541,887 for fiscal year 2006;
(3) $464,621,321 for fiscal year 2007;
(4) $478,700,755 for fiscal year 2008; and
(5) $492,780,189 for fiscal year 2009.
(j) NATIONAL HIGHWAY SYSTEM COMPONENT.—Sec-
tion 104(b)(1) of title 23, United States Code, is amended
by striking ‘‘$36,400,000’’ and insert ‘‘$46,931,447’’.
SEC. 1103. APPORTIONMENTS.
(a) ADMINISTRATIVE EXPENSES.—
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(1) IN
GENERAL.—Section 104 of title 23,
United States Code, is amended by striking subsection
(a) and inserting the following:
‘‘(a) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to be made available
to the Secretary of Transportation for administrative
expenses of the Federal Highway Administration—
‘‘(A) $436,462,453 for fiscal year 2005;
‘‘(B) $450,541,887 for fiscal year 2006;
‘‘(C) $464,621,321 for fiscal year 2007;
‘‘(D) $478,700,755 for fiscal year 2008; and
‘‘(E) $492,780,189 for fiscal year 2009.
‘‘(2) PURPOSES.—The funds authorized by this
subsection shall be used—
‘‘(A) to administer the provisions of law to
be financed from appropriations for the Federal-
aid highway program and programs authorized
under chapter 2; and
‘‘(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for adminis-
trative activities associated with the Appa-
lachian development highway system.
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‘‘(3) AVAILABILITY.—The funds made available
under paragraph (1) shall remain available until ex-
pended.’’.
(2) CONFORMING AMENDMENTS.—Section 104 of
title 23, United States Code, is amended—
(A) in the matter preceding paragraph (1)
of subsection (b), by striking ‘‘the deduction au-
thorized by subsection (a) and’’;
(B) in the first sentence of subsection (e)(1),
by striking ‘‘, and also’’ and all that follows
through ‘‘this section’’; and
(C) in subsection (i), by striking ‘‘deducted’’
and inserting ‘‘made available’’.
(b) METROPOLITAN PLANNING.—Section 104(f) of title
23, United States Code, is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) SET-ASIDE.—On October 1 of each fiscal
year, the Secretary shall set aside 1.5 percent of the
funds authorized to be appropriated for the Interstate
maintenance, national highway system, surface trans-
portation, congestion mitigation and air quality im-
provement, highway safety improvement, and high-
way bridge programs authorized under this title to
carry out the requirements of section 134.’’;
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(2) in paragraph (2), by striking ‘‘per centum’’
and inserting ‘‘percent’’;
(3) in paragraph (3)—
(A) by striking ‘‘The funds’’ and inserting
the following:
‘‘(A) IN GENERAL.—The funds’’; and
(B) by striking ‘‘These funds’’ and all that
follows and inserting the following:
‘‘(B) UNUSED FUNDS.—Any funds that are
not used to carry out section 134 may be made
available by a metropolitan planning organiza-
tion to the State to fund activities under section
135.’’; and
(4) by adding at the end the following:
‘‘(6) FEDERAL SHARE.—Funds apportioned to a
State under this subsection shall be matched in ac-
cordance with section 120(b) unless the Secretary de-
termines that the interests of the Federal-aid highway
program would be best served without the match.’’.
(c) ALASKA HIGHWAY.—Section 104(b)(1)(A) of title
23, United States Code, is amended by striking
‘‘$18,800,000 for each of fiscal years 1998 through 2002’’
and inserting ‘‘$30,000,000 for each of fiscal years 2005
through 2009’’.
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SEC. 1104. EQUITY BONUS PROGRAM.
(a) IN GENERAL.—Section 105 of title 23, United
States Code, is amended to read as follows:
‘‘§ 105. Equity bonus program
‘‘(a) PROGRAM.—
‘‘(1) IN
GENERAL.—Subject to subsections (c)
and (d), for each of fiscal years 2005 through 2009,
the Secretary shall allocate among the States amounts
sufficient to ensure that no State receives a percentage
of the total apportionments for the fiscal year for the
programs specified in paragraph (2) that is less than
the percentage calculated under subsection (b).
‘‘(2) SPECIFIC
PROGRAMS.—The programs re-
ferred to in subsection (a) are—
‘‘(A) the Interstate maintenance program
under section 119;
‘‘(B) the national highway system program
under section 103;
‘‘(C) the bridge program under section 144;
‘‘(D) the surface transportation program
under section 133;
‘‘(E) the highway safety improvement pro-
gram under section 148;
‘‘(F) the congestion mitigation and air
quality improvement program under section 149;
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HR 3 PP
‘‘(G) 
metropolitan 
planning 
programs
under section 104(f) (other than planning pro-
grams funded by amounts provided under the eq-
uity bonus program under this section);
‘‘(H) the infrastructure performance and
maintenance program under section 139;
‘‘(I) the equity bonus program under this
section;
‘‘(J) the Appalachian development highway
system program under subtitle IV of title 40;
‘‘(K) the recreational trails program under
section 206;
‘‘(L) the safe routes to schools program
under section 150;
‘‘(M) the rail-highway grade crossing pro-
gram under section 130; and
‘‘(N) the border planning, operations, tech-
nology, and capacity program under section 172.
‘‘(b) STATE PERCENTAGE.—
‘‘(1) IN GENERAL.—The percentage referred to in
subsection (a) for each State shall be—
‘‘(A) 92 percent of the quotient obtained by
dividing—
‘‘(i) the estimated tax payments attrib-
utable to highway users in the State paid