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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;
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‘‘(iii) over the life of the MAGLEV
project, total project benefits will exceed
total project costs; and
‘‘(iv) the proposed capital financing
plan is realistic and does not assume Fed-
eral assistance that is greater than the
maximums specified in clause (ii).
‘‘(C) PROJECTS
SELECTED.—If the Sec-
retary determines that a MAGLEV project meets
the criteria established under subparagraph (B),
the Secretary shall—
‘‘(i) select that project for Federal
Phase II support; and
‘‘(ii) publish in the Federal Register a
notice of intent to prepare an environ-
mental impact statement or similar anal-
ysis required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
‘‘(d) PHASE III—DEPLOYMENT.—The State, State-
designated agency, multistate-designated agency, or special
purpose entity that is part of a public-private partnership
(meeting the TEA–21 criteria) sponsoring a MAGLEV
project that has completed a final environmental impact
statement or similar analysis required under the National
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Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
for both the MAGLEV project and the entire corridor of
which the MAGLEV project is the initial operating seg-
ment, and has completed planning studies for the construc-
tion, operation, and maintenance of the MAGLEV project,
under this or any other program, may submit an applica-
tion to the Secretary for Federal funding of a portion of
the capital costs of planning, financing, constructing, and
equipping the preferred alternative identified in the final
environmental impact statement or analysis.
‘‘(e) FINANCIAL ASSISTANCE.—
‘‘(1) IN
GENERAL.—The Secretary shall make
available financial assistance to pay the Federal
share of the full project costs of projects selected under
this section.
‘‘(2) PREVAILING
WAGE
AND
CERTAIN
TEA–21
CRITERIA.—Sections 5333(a) and the TEA–21 cri-
teria, shall apply to financial assistance made avail-
able under this section and projects funded with that
assistance.
‘‘(3) FEDERAL SHARE.—
‘‘(A) PHASE I AND PHASE II.—For Phase
I—preconstruction planning and Phase II—en-
vironmental impact studies carried out under
subsections (b) and (c), respectively, the Federal
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share of the costs of the planning and studies
shall be not more than 2⁄3 of the full cost of the
planning and studies.
‘‘(B) PHASE III.—For Phase III—deploy-
ment projects carried out under subsection (d),
not more than 2⁄3 of the full capital cost of such
a project shall be made available from funds ap-
propriated for this program.
‘‘(4) FUNDING.—
‘‘(A) CONTRACT
AUTHORITY; AUTHORIZA-
TION OF APPROPRIATIONS.—
‘‘(i) IN GENERAL.—There is authorized
to be appropriated from the Highway Trust
Fund (other than the Mass Transit Ac-
count) for fiscal years 2005 through 2009 to
carry out this section—
‘‘(I) $10,000,000 for Phase I—
preconstruction planning studies;
‘‘(II) $20,000,000 for Phase II—
environmental impact studies; and
‘‘(III) 
$60,000,000 
for 
Phase
III—deployment projects.
‘‘(ii) OBLIGATION AUTHORITY.—Funds
authorized by this subparagraph shall be
available for obligation in the same manner
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as if the funds were apportioned under
chapter I, except that—
‘‘(I) the Federal share of the cost
of the project shall be in accordance
with paragraph (2); and
‘‘(II) the availability of the funds
shall be in accordance with subsection
(f).
‘‘(B) NONCONTRACT
AUTHORITY
AUTHOR-
IZATION OF APPROPRIATIONS.—
‘‘(i) PHASE I.—There are authorized to
be appropriated from the Highway Trust
Fund (other than the Mass Transit Ac-
count) 
to 
carry 
out 
Phase 
I—
preconstruction planning studies under sub-
section (b)—
‘‘(I) $6,000,000 for fiscal year
2005; and
‘‘(II) $2,000,000 for each of fiscal
years 2006 through 2009.
‘‘(ii) PHASE II.—There are authorized
to be appropriated from the Highway Trust
Fund (other than the Mass Transit Ac-
count) to carry out Phase II—environ-
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mental impact studies under subsection
(c)—
‘‘(I) $25,000,000 for fiscal year
2005;
‘‘(II) $37,000,000 for fiscal year
2006;
‘‘(III) $21,000,000 for fiscal year
2007; and
‘‘(IV) $9,000,000 for each of fiscal
years 2008 and 2009.
‘‘(iii) PHASE III.—There are author-
ized to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) to carry out Phase III—deploy-
ment projects under subsection (d)—
‘‘(I) $500,000,000 for fiscal year
2005;
‘‘(II) $650,000,000 for fiscal year
2006;
‘‘(III) $850,000,000 for fiscal year
2007;
‘‘(IV) $850,000,000 for fiscal year
2008; and
‘‘(V) $600,000,000 for fiscal year
2009.
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‘‘(iv) 
PROGRAM
ADMINISTRATION.—
There are authorized to be appropriated
from the Highway Trust Fund (other than
the Mass Transit Account) to carry out ad-
ministration of this program—
‘‘(I) $13,000,000 for fiscal year
2005;
‘‘(II) $16,000,000 for fiscal year
2006;
‘‘(III) $8,000,000 for fiscal year
2007; and
‘‘(IV) $5,000,000 for each of fiscal
years 2008 and 2009.
‘‘(v) RESEARCH AND DEVELOPMENT.—
There is authorized to be appropriated from
the Highway Trust Fund (other than the
Mass Transit Account) to carry out research
and 
development 
activities 
to 
reduce
MAGLEV deployment costs $4,000,000 for
each of fiscal years 2005 through 2009.
‘‘(f) AVAILABILITY OF FUNDS.—Funds made available
under subsection (e) shall remain available until expended.
‘‘(g) OTHER FEDERAL FUNDS.—Funds made available
to a State to carry out the surface transportation program
under section 133 and the congestion mitigation and air
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quality improvement programs under section 149 may be
used by any State to pay a portion of the full project costs
of an eligible project selected under this section, without re-
quirement for non-Federal funds.
‘‘(h) OTHER FEDERAL FUNDS.—A project selected for
funding under this section shall be eligible for other forms
of financial assistance provided by this title and title V of
the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821 et seq.), including loans, loan guaran-
tees, and lines of credit.
‘‘(i) MANDATORY ADDITIONAL SELECTION.—
‘‘(1) IN GENERAL.—Subject to paragraph 2, in
selecting projects for preconstruction planning, de-
ployment, and financial assistance, the Secretary
may only provide funds to MAGLEV projects that
meet the criteria established under subsection (b)(4).
‘‘(2) PRIORITY
FUNDING.—The Secretary shall
give priority funding to a MAGLEV project that—
‘‘(A) has already met the TEA–21 criteria
and has received funding prior to the date of en-
actment of the Safe, Affordable, Flexible, and Ef-
ficient Transportation Equity Act of 2005 as a
result of evaluation and contracting procedures
for MAGLEV transportation, to the extent that
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the project continues to fulfill the requirements of
this section;
‘‘(B) to the maximum extent practicable,
has met safety guidelines established by the Sec-
retary to protect the health and safety of the
public;
‘‘(C) is based on designs that ensure the
greatest life cycle advantages for the project;
‘‘(D) contains domestic content of at least
70 percent; and
‘‘(E) is designed and developed through
public/private partnership entities and continues
to meet the TEA–21 criteria relating to public/
private partnerships.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 3 of title 23, United States Code, is amended by
striking the item relating to section 322 and inserting the
following:
‘‘322. High-speed magnetic levitation system deployment program.’’.
SEC. 1820. DONATIONS AND CREDITS.
Section 323 of title 23, United States Code, is
amended—
(1) in the first sentence of subsection (c), by in-
serting ‘‘, or a local government from offering to do-
nate funds, materials, or services performed by local
government employees,’’ after ‘‘services’’; and
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(2) striking subsection (e).
SEC. 1821. DISADVANTAGED BUSINESS ENTERPRISES.
(a) GENERAL RULE.—Except to the extent that the
Secretary determines otherwise, not less than 10 percent of
the amounts made available for any program under titles
I, II, and VI of this Act shall be expended with small busi-
ness concerns owned and controlled by socially and eco-
nomically disadvantaged individuals.
(b) DEFINITIONS.—In this section:
(1) SMALL BUSINESS CONCERN.—
(A) IN GENERAL.—The term ‘‘small busi-
ness concern’’ has the meaning given the term
under section 3 of the Small Business Act (15
U.S.C. 632).
(B) EXCLUSION.—The term ‘‘small business
concern’’ does not include any concern or group
of concerns controlled by the same socially and
economically disadvantaged individual or indi-
viduals that has average annual gross receipts
over the preceding 3 fiscal years in excess of
$18,308,420, as adjusted by the Secretary for in-
flation.
(2) SOCIALLY
AND
ECONOMICALLY
DISADVAN-
TAGED
INDIVIDUALS.—The term ‘‘socially and eco-
nomically disadvantaged individuals’’ has the mean-
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ing given the term under section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcon-
tracting regulations promulgated under that section,
except that women shall be presumed to be socially
and economically disadvantaged individuals for the
purposes of this section.
(c) ANNUAL LISTING OF DISADVANTAGED BUSINESS
ENTERPRISES.—Each State shall annually survey and
compile a list of the small business concerns referred to in
subsection (a) and the location of such concerns in the State
and notify the Secretary, in writing, of the percentage of
such concerns which are controlled by women, by socially
and economically disadvantaged individuals (other than
women), and by individuals who are women and are other-
wise socially and economically disadvantaged individuals.
(d) UNIFORM CERTIFICATION.—The Secretary shall es-
tablish minimum uniform criteria for State governments
to use in certifying whether a concern qualifies for purposes
of this section. Such minimum uniform criteria shall in-
clude on-site visits, personal interviews, licenses, analysis
of stock ownership, listing of equipment, analysis of bond-
ing capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(e) COMPLIANCE WITH COURT ORDERS.—Nothing in
this section limits the eligibility of an entity or person to
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receive funds made available under titles I, III, and V of
this Act, if the entity or person is prevented, in whole or
in part, from complying with subsection (a) because a Fed-
eral court issues a final order in which the court finds that
the requirement of subsection (a), or the program estab-
lished under subsection (a), is unconstitutional.
SEC. 1822. ƒRESERVED.≈
SEC. 1823. PRIORITY FOR PEDESTRIAN AND BICYCLE FACIL-
ITY ENHANCEMENT PROJECTS.
Section 133(e)(5) of title 23, United States Code, is
amended by adding at the end the following:
‘‘(D) PRIORITY FOR PEDESTRIAN AND BICY-
CLE
FACILITY
ENHANCEMENT
PROJECTS.—The
Secretary shall encourage States to give priority
to pedestrian and bicycle facility enhancement
projects that include a coordinated physical ac-
tivity or healthy lifestyles program.’’.
SEC. 1824. THE DELTA REGIONAL AUTHORITY.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code (as amended by section 1814(a)),
is amended by adding at the end the following:
‘‘§ 178. Delta Region transportation development pro-
gram
‘‘(a) IN GENERAL.—The Secretary shall carry out a
program to—
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‘‘(1) support and encourage multistate transpor-
tation planning and corridor development;
‘‘(2) provide for transportation project develop-
ment;
‘‘(3) facilitate transportation decisionmaking;
and
‘‘(4) support transportation construction.
‘‘(b) ELIGIBLE RECIPIENTS.—A State transportation
department or metropolitan planning organization may re-
ceive and administer funds provided under the program.
‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary shall make
allocations under the program for multistate highway plan-
ning, development, and construction projects.
‘‘(d) OTHER PROVISIONS REGARDING ELIGIBILITY.—
All activities funded under this program shall be consistent
with the continuing, cooperative, and comprehensive plan-
ning processes required by section 134 and 135.
‘‘(e) SELECTION CRITERIA.—The Secretary shall select
projects to be carried out under the program based on—
‘‘(1) whether the project is located—
‘‘(A) in an area that is part of the Delta
Regional Authority; and
‘‘(B) on the Federal-aid system;
‘‘(2) endorsement of the project by the State de-
partment of transportation; and
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‘‘(3) evidence of the ability to complete the
project.
‘‘(f) PROGRAM PRIORITIES.—In administering the
program, the Secretary shall—
‘‘(1) encourage State and local officials to work
together to develop plans for multimodal and multi-
jurisdictional transportation decisionmaking; and
‘‘(2) give priority to projects that emphasize
multimodal planning, including planning for oper-
ational improvements that—
‘‘(A) increase the mobility of people and
goods;
‘‘(B) improve the safety of the transpor-
tation system with respect to catastrophic—
‘‘(i) natural disasters; or
‘‘(ii) disasters caused by human activ-
ity; and
‘‘(C) contribute to the economic vitality of
the area in which the project is being carried
out.
‘‘(g) FEDERAL SHARE.—Amounts provided by the
Delta Regional Authority to carry out a project under this
section shall be applied to the non-Federal share required
by section 120.
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‘‘(h) AVAILABILITY OF FUNDS.—Amounts made avail-
able to carry out this section shall remain available until
expended.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 1 of title 23, United States Code (as amended by
section 1814(b)), is amended by adding at the end the fol-
lowing:
‘‘178. Delta Region transportation development program.’’.
SEC. 1825. MULTISTATE INTERNATIONAL CORRIDOR DEVEL-
OPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish a
program to develop international trade corridors to facili-
tate the movement of freight from international ports of
entry and inland ports through and to the interior of the
United States.
(b) ELIGIBLE RECIPIENTS.—State transportation de-
partments and metropolitan planning organizations shall
be eligible to receive and administer funds provided under
the program.
(c) ELIGIBLE ACTIVITIES.—The Secretary shall make
allocations under this program for any activity eligible for
funding under title 23, United States Code, including
multistate highway and multistate multimodal planning
and project construction.
(d) OTHER PROVISIONS REGARDING ELIGIBILITY.—
All activities funded under this program shall be consistent
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with the continuing, cooperative, and comprehensive plan-
ning processes required by sections 134 and 135 of title 23,
United States Code.
(e) SELECTION CRITERIA.—The Secretary shall only
select projects for corridors—
(1) that have significant levels or increases in
truck and traffic volume relating to international
freight movement;
(2) connect to at least 1 international terminus
or inland port;
(3) traverse at least 3 States; and
(4) are identified by section 1105(c) of the Inter-
modal Transportation Efficiency Act of 1991 (Public
Law 102–240; 105 Stat. 2032).
(f) PROGRAM PRIORITIES.—In administering the pro-
gram, the Secretary shall—
(1) encourage and enable States and other juris-
dictions to work together to develop plans for
multimodal and multijurisdictional transportation
decisionmaking; and
(2) give priority to studies that emphasize
multimodal planning, including planning for oper-
ational improvements that increase mobility, freight
productivity, access to marine ports, safety, and secu-
rity while enhancing the environment.
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(g) FEDERAL SHARE.—The Federal share required for
any study carried out under this section shall be available
for obligation in the same manner as if the funds were ap-
portioned under chapter I of title 23, United States Code.
SEC. 1826. AUTHORIZATION OF CONTRACT AUTHORITY FOR
STATES WITH INDIAN RESERVATIONS.
Section 1214(d)(5)(A) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 202 note; 112 Stat.
206) is amended by striking ‘‘$1,500,000 for each of fiscal
years 1998 through 2003’’ and inserting ‘‘$1,800,000 for
each of fiscal years 2005 through 2009’’.
SEC. 1827. VALUE PRICING PILOT PROGRAM.
Section 1012(b)(1) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) is amended in the first sentence by striking
‘‘The Secretary’’ and inserting ‘‘For fiscal year 2005 and
each fiscal year thereafter, the Secretary’’.
SEC. 1828. CREDIT TO STATE OF LOUISIANA FOR STATE
MATCHING FUNDS.
(a) IN GENERAL.—The Secretary may provide a credit
to the State of Louisiana in an amount equal to the cost
of any planning, engineering, design, or construction work
carried out by the State on any project that the Secretary
determines is in accordance with the project numbered 202
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under section 1602 of the Transportation Equity Act for
the 21st Century (Public Law 105–178; 112 Stat. 256).
(b) ELIGIBILITY OF CREDIT.—The credit shall be eligi-
ble for use for any future payment relating to the comple-
tion of a project described in subsection (a) that is required
by the State under title 23, United States Code.
SEC. 1829. APPROVAL AND FUNDING FOR CERTAIN CON-
STRUCTION PROJECTS.
(a) IN GENERAL.—Not later than 30 days after the
date of receipt by the Secretary of a construction authoriza-
tion request from the State transportation department for
the State of Georgia for project number STP–189–1(15)CT
3 in Gwinnett County, Georgia, the Secretary shall—
(1) approve the project; and
(2) reserve such Federal funds available to the
Secretary as are necessary to carry out the project.
(b) CONFORMITY DETERMINATION.—
(1) IN GENERAL.—Approval, funding, and im-
plementation of the project referred to in subsection
(a) shall not be subject to the requirements of part 93
of title 40, Code of Federal Regulations (or successor
regulations).
(2) 
REGIONAL
EMISSIONS.—Notwithstanding
paragraph (1), all subsequent regional emission anal-
yses required by section 93.118 or 93.119 of title 40,
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Code of Federal Regulations (or successor regula-
tions), shall include the project.
SEC. 1830. NOTICE REGARDING PARTICIPATION OF SMALL
BUSINESS CONCERNS.
The Secretary of Transportation shall notify each
State or political subdivision of a State to which the Sec-
retary of Transportation awards a grant or other Federal
funds of the criteria for participation by a small business
concern in any program or project that is funded, in whole
or in part, by the Federal Government under section 155
of the Small Business Reauthorization and Manufacturing
Assistance Act of 2004 (15 U.S.C. 567g).
SEC. 1831. ALASKA WAY VIADUCT STUDY.
(a) FINDINGS.—Congress finds that—
(1) in 2001, the Alaska Way Viaduct, a critical
segment of the National Highway System in Seattle,
Washington, was seriously damaged by the Nisqually
earthquake;
(2) an effort to address the possible repair, ret-
rofit, or replacement of the Alaska Way Viaduct that
conforms with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is underway; and
(3) as a result of the efforts referred to in para-
graph (1), a locally preferred alternative for the Alas-
ka Way Viaduct is being developed.
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(b) DEFINITIONS.—In this section:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal High-
way Administration.
(2) CITY.—The term ‘‘City’’ means the city of
Seattle, Washington.
(3) 
EARTHQUAKE.—The 
term 
‘‘earthquake’’
means the Nisqually earthquake of 2001.
(4) FUND.—The term ‘‘Fund’’ means the emer-
gency fund authorized under section 125 of title 23,
United States Code.
(5) STATE.—The term ‘‘State’’ means the Wash-
ington State Department of Transportation.
(6) VIADUCT.—The term ‘‘Viaduct’’ means the
Alaska Way Viaduct.
(c) STUDY.—
(1) IN GENERAL.—As soon as practicable after
the date of enactment of this Act, the Administrator,
in cooperation with the State and the City, shall con-
duct a comprehensive study to determine the specific
damage to the Viaduct from the earthquake that con-
tribute to the ongoing degradation of the Viaduct.
(2) REQUIREMENTS.—The study under para-
graph (1) shall—
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(A) identify any repair, retrofit, and re-
placement costs for the Viaduct that are eligible
for additional assistance from the Fund, con-
sistent with the emergency relief manual gov-
erning eligible expenses from the Fund; and
(B) determine the amount of assistance
from the Fund for which the Viaduct is eligible.
(3) REPORT.—Not later than 180 days after the
date of enactment of this Act, the Administrator shall
submit to Congress a report that describes the find-
ings of the study.
SEC. 1832. BRIDGE CONSTRUCTION, NORTH DAKOTA.
Notwithstanding any other provision of law, and re-
gardless of the source of Federal funds, the Federal share
of the eligible costs of construction of a bridge between Bis-
marck, North Dakota, and Mandan, North Dakota, shall
be 90 percent.
SEC. 1833. COMMUNITY ENHANCEMENT STUDY.
(a) IN GENERAL.—The Secretary shall conduct a
study on—
(1) the role of well-designed transportation
projects in—
(A) promoting economic development;
(B) protecting public health, safety, and the
environment; and
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(C) enhancing the architectural design and
planning of communities; and
(2) the positive economic, cultural, aesthetic, sce-
nic, architectural, and environmental benefits of those
projects for communities.
(b) CONTENTS.—The study shall address—
(1) the degree to which well-designed transpor-
tation projects—
(A) have positive economic, cultural, aes-
thetic, scenic, architectural, and environmental
benefits for communities;
(B) protect and contribute to improvements
in public health and safety; and
(C) use inclusive public participation proc-
esses to achieve quicker, more certain, and better
results;
(2) the degree to which positive results are
achieved by linking transportation, design, and the
implementation of community visions for the future;
and
(3) methods of facilitating the use of successful
models or best practices in transportation investment
or development to accomplish—
(A) enhancement of community identity;
(B) protection of public health and safety;
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(C) provision of a variety of choices in
housing, shopping, transportation, employment,
and recreation;
(D) preservation and enhancement of exist-
ing infrastructure; and
(E) creation of a greater sense of commu-
nity through public involvement.
(c) ADMINISTRATION.—
(1) IN GENERAL.—To carry out this section, the
Secretary shall make a grant to, or enter into a coop-
erative agreement or contract with, a national orga-
nization with expertise in the design of a wide range
of transportation and infrastructure projects, includ-
ing the design of buildings, public facilities, and sur-
rounding communities.
(2) FEDERAL SHARE.—Notwithstanding section
1221(e)(2) of the Transportation Equity Act for the
21st Century (23 U.S.C. 101 note), the Federal share
of the cost of the study under this section shall be 100
percent.
(d) REPORT.—Not later than September 20, 2006, the
Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the results of the study under this section.
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(e) AUTHORIZATION.—Of the amounts made available
to carry out section 1221 of the Transportation Equity Act
for the 21st Century (23 U.S.C. 101 note), $1,000,000 shall
be available for each of fiscal years 2005 and 2006 to carry
out this section.
SEC. 1834. COMPREHENSIVE COASTAL EVACUATION PLAN.
(a) IN GENERAL.—The Secretary of Transportation
and the Secretary of Homeland Security (referred to in this
section as the ‘‘Secretaries’’) shall jointly develop a written
comprehensive plan for evacuation of the coastal areas of
the United States during any natural or man-made dis-
aster that affects coastal populations.
(b) CONSULTATION.—In developing the comprehensive
plan, the Secretaries shall consult with Federal, State, and
local transportation and emergency management officials
that have been involved with disaster related evacuations.
(c) CONTENTS.—The comprehensive plan shall—
(1) consider, on a region-by-region basis, the ex-
tent to which coastal areas may be affected by a dis-
aster; and
(2) address, at a minimum—
(A) all practical modes of transportation
available for evacuations;
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(B) methods of communicating evacuation
plans and preparing citizens in advance of evac-
uations;
(C) methods of coordinating communication
with evacuees during plan execution;
(D) precise methods for mass evacuations
caused by disasters such as hurricanes, flash
flooding, and tsunamis; and
(E) recommended policies, strategies, pro-
grams, and activities that could improve dis-
aster-related evacuations.
(d) REPORT AND UPDATES.—The Secretaries shall—
(1) not later than October 1, 2006, submit to
Congress the written comprehensive plan; and
(2) periodically thereafter, but not less often than
every 5 years, update, and submit to Congress any re-
vision to, the plan.
SEC. 1835. PRIORITY PROJECTS.
Section 1602 of the Transportation Equity Act for the
21st Century (112 Stat. 306) is amended in item 1349 of
the table contained in that section by inserting ‘‘, and im-
provements to streets and roads providing access to,’’ after
‘‘along’’.
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SEC. 1836. TRANSPORTATION NEEDS, GRAYLING, MICHI-
GAN.
Item number 820 in the table contained in section
1602 of the Transportation Equity Act for the 21st Century
(112 Stat. 287) is amended by striking ‘‘Conduct’’ and all
that follows through ‘‘interchange’’ and inserting ‘‘Conduct
a transportation needs study and make improvements to
I–75 interchanges in the Grayling area’’.
SEC. 1837. US–95 PROJECT, LAS VEGAS, NEVADA.
Unless an agreement is reached between the Federal
Highway Administration, the State of Nevada, and the Si-
erra Club, the State of Nevada may continue to completion
construction of the project entitled ‘‘US–95 Project in Las
Vegas, Nevada’’, as approved by the Federal Highway Ad-
ministration on November 18, 1999, and selected in the
record of decision dated January 28, 2000, on June 30,
2005.
Subtitle I—Technical Corrections
SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT.
(a) LETTING OF CONTRACTS.—Section 112 of title 23,
United States Code, is amended—
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection
(f).
(b) FRINGE AND CORRIDOR PARKING FACILITIES.—
Section 137(a) of title 23, United States Code, is amended
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in the first sentence by striking ‘‘on the Federal-aid urban
system’’ and inserting ‘‘on a Federal-aid highway’’.
SEC. 1902. CLARIFICATION OF DATE.
Section 109(g) of title 23, United States Code, is
amended in the first sentence by striking ‘‘The Secretary’’
and all that follows through ‘‘of 1970’’ and inserting ‘‘Not
later than January 30, 1971, the Secretary shall issue’’.
SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDEN-
TIFYING FUNDING SOURCES IN TITLE 23.
(a) IN GENERAL.—Section 154 of the Federal-Aid
Highway Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209)
is—
(1) transferred to title 23, United States Code;
(2) redesignated as section 321;
(3) moved to appear after section 320 of that
title; and
(4) amended by striking the section heading and
inserting the following:
‘‘§ 321. Signs identifying funding sources’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 3 of title 23, United States Code, is amended by
inserting after the item relating to section 320 the following:
‘‘321. Signs identifying funding sources.’’.
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SEC. 1904. INCLUSION OF BUY AMERICA REQUIREMENTS IN
TITLE 23.
(a) IN GENERAL.—Section 165 of the Highway Im-
provement Act of 1982 (23 U.S.C. 101 note; 96 Stat. 2136)
is—
(1) transferred to title 23, United States Code;
(2) redesignated as section 313;
(3) moved to appear after section 312 of that
title; and
(4) amended by striking the section heading and
inserting the following:
‘‘§ 313. Buy America’’.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 3 of title 23, United
States Code, is amended by inserting after the item
relating to section 312 the following:
‘‘313. Buy America.’’.
(2) Section 313 of title 23, United States Code
(as added by subsection (a)), is amended—
(A) in subsection (a), by striking ‘‘by this
Act’’ the first place it appears and all that fol-
lows through ‘‘of 1978’’ and inserting ‘‘to carry
out the Surface Transportation Assistance Act of
1982 (96 Stat. 2097) or this title’’;
(B) in subsection (b), by redesignating
paragraph (4) as paragraph (3);
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(C) in subsection (d), by striking ‘‘this
Act,’’ and all that follows through ‘‘Code, which’’
and inserting ‘‘the Surface Transportation As-
sistance Act of 1982 (96 Stat. 2097) or this title
that’’;
(D) by striking subsection (e); and
(E) by redesignating subsections (f) and (g)
as subsections (e) and (f), respectively.
SEC. 1905. TECHNICAL AMENDMENTS TO NONDISCRIMINA-
TION SECTION.
Section 140 of title 23, United States Code, is
amended—
(1) in subsection (a)—
(A) in the first sentence, by striking ‘‘sub-
section (a) of section 105 of this title’’ and in-
serting ‘‘section 135’’;
(B) in the second sentence, by striking ‘‘He’’
and inserting ‘‘The Secretary’’;
(C) in the third sentence, by striking ‘‘where
he considers it necessary to assure’’ and insert-
ing ‘‘if necessary to ensure’’; and
(D) in the last sentence—
(i) by striking ‘‘him’’ and inserting
‘‘the Secretary’’ and
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(ii) by striking ‘‘he’’ and inserting ‘‘the
Secretary’’;
(2) in subsection (b)—
(A) in the first sentence, by striking ‘‘high-
way construction’’ and inserting ‘‘surface trans-
portation’’; and
(B) in the second sentence—
(i) by striking ‘‘as he may deem nec-
essary’’ and inserting ‘‘as necessary’’; and
(ii) 
by 
striking 
‘‘not 
to 
exceed
$2,500,000 for the transition quarter ending
September 30, 1976, and’’;
(3) in the second sentence of subsection (c)—
(A) by striking ‘‘subsection 104(b)(3) of this
title’’ and inserting ‘‘section 104(b)(3)’’; and
(B) by striking ‘‘he may deem’’; and
(4) in the heading of subsection (d), by striking
‘‘AND CONTRACTING’’.
TITLE II—TRANSPORTATION
RESEARCH
Subtitle A—Funding
SEC. 2001. 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):
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(1) SURFACE TRANSPORTATION RESEARCH.—
(A) IN
GENERAL.—For carrying out sec-
tions 502, 503, 506, 507, 508, and 511 of title
23, United States Code—
(i) $198,050,704 for fiscal year 2005;
(ii) $201,805,220 for fiscal year 2006;
(iii) $204,621,107 for fiscal year 2007;
(iv) $206,498,365 for fiscal year 2008;
and
(v) $209,314,252 for fiscal year 2009.
(B) SURFACE
TRANSPORTATION-ENVIRON-
MENTAL
COOPERATIVE
RESEARCH
PROGRAM.—
For each of fiscal years 2005 through 2009, the
Secretary shall set aside $18,772,579 of the funds
authorized under subparagraph (A) to carry out
the surface transportation-environmental cooper-
ative research program under section 507 of title
23, United States Code.
(2) TRAINING
AND
EDUCATION.—For carrying
out section 504 of title 23, United States Code—
(A) $26,281,610 for fiscal year 2005;
(B) $27,220,239 for fiscal year 2006;
(C) $28,158,868 for fiscal year 2007;
(D) $29,097,497 for fiscal year 2008; and
(E) $30,036,126 for fiscal year 2009.
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(3) BUREAU OF TRANSPORTATION STATISTICS.—
For the Bureau of Transportation Statistics to carry
out section 111 of title 49, United States Code,
$26,281,610 for each of fiscal years 2005 through
2009.
(4) ITS STANDARDS, RESEARCH, OPERATIONAL
TESTS, AND DEVELOPMENT.—For carrying out sec-
tions 524, 525, 526, 527, 528, and 529 of title 23,
United States Code—
(A) $115,451,358 for fiscal year 2005;
(B) $118,267,245 for fiscal year 2006;
(C) $121,083,132 for fiscal year 2007;
(D) $123,899,019 for fiscal year 2008; and
(E) $126,714,906 for fiscal year 2009.
(5) UNIVERSITY
TRANSPORTATION
CENTERS.—
For carrying out section 510 of title 23, United States
Code $42,238,302 for each of fiscal years 2005
through 2009.
(b) APPLICABILITY
OF TITLE 23, UNITED STATES
CODE.—Funds authorized to be appropriated by subsection
(a)—
(1) shall be available for obligation in the same
manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code, except that the
Federal share of the cost of a project or activity car-
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ried out using the funds shall be the share applicable
under section 120(b) of title 23, United States Code,
as adjusted under subsection (d) of that section (un-
less otherwise specified or otherwise determined by the
Secretary); and
(2) shall remain available until expended.
(c) ALLOCATIONS.—
(1) SURFACE TRANSPORTATION RESEARCH.—Of
the amounts made available under subsection (a)(1)—
(A) $25,342,981 for each of fiscal years
2005 through 2009 shall be available to carry
out advanced, high-risk, long-term research
under section 502(d) of title 23, United States
Code;
(B) $10,000,000 for each of fiscal years
2005 through 2009 shall be available to carry
out the long-term pavement performance pro-
gram under section 502(e) of that title;
(C) $5,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out the
high-performance concrete bridge research and
technology transfer program under section 502(i)
of that title, of which $750,000 for each fiscal
year shall be used by the Secretary to carry out
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demonstration projects involving the use of ultra-
high-performance concrete with ductility;
(D) $5,000,000 for each of fiscal years 2005
through 2009 shall be made available to carry
out the high-performing steel bridge research and
technology transfer program under section 502(k)
of title 23, United States Code;
(E) $5,000,000 for each of fiscal years 2005
through 2009 shall be made available to carry
out research on asphalt used in highway pave-
ments;
(F) $5,000,000 for each of fiscal years 2005
through 2009 shall be made available to carry
out research on concrete pavements;
(G) $5,000,000 for each of fiscal years 2005
through 2009 shall be made available to carry
out research on alternative materials;
(H) $3,000,000 for each of fiscal years 2005
through 2009 shall be made available to carry
out research on aggregates used in highway
pavements, including alternative materials used
in highway drainage applications;
(I) $3,000,000 for each of fiscal years 2005
through 2009 shall be made available for further
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development and deployment of techniques to
prevent and mitigate alkali silica reactivity;
(J) $1,500,000 for fiscal year 2005 shall be
remain available until expended for asphalt and
asphalt-related reclamation research at the South
Dakota School of Mines; and
(K) $2,500,000 for each of fiscal years 2005
through 2009 shall be made available to carry
out section 502(f)(3) of title 23, United States
Code.
(2) TECHNOLOGY
APPLICATION
PROGRAM.—Of
the amounts made available under subsection (a)(1),
$56,317,736 for each of fiscal years 2005 through
2009 shall be available to carry out section 503 of
title 23, United States Code.
(3) TRAINING AND EDUCATION.—Of the amounts
made available under subsection (a)(2)—
(A) $11,732,862 for fiscal year 2005,
$12,202,176 for fiscal year 2006, $12,671,491 for
fiscal year 2007, $13,140,805 for fiscal year
2008, and $13,610,119 for fiscal year 2009 shall
be available to carry out section 504(a) of title
23, United States Code (relating to the National
Highway Institute);
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(B) $14,079,434 for each of fiscal years
2005 through 2009 shall be available to carry
out section 504(b) of that title (relating to local
technical assistance); and
(C) $2,815,887 for each of fiscal years 2005
through 2009 shall be available to carry out sec-
tion 504(c)(2) of that title (relating to the Eisen-
hower Transportation Fellowship Program).
(4) INTERNATIONAL HIGHWAY TRANSPORTATION
OUTREACH PROGRAM.—Of the amounts made avail-
able under subsection (a)(1), $469,314 for each of fis-
cal years 2005 through 2009 shall be available to
carry out section 506 of title 23, United States Code.
(5) NEW STRATEGIC HIGHWAY RESEARCH PRO-
GRAM.—For each of fiscal years 2005 through 2009,
to carry out section 509 of title 23, United States
Code, the Secretary shall set aside—
(A) $14,079,434 of the amounts made avail-
able to carry out the interstate maintenance pro-
gram under section 119 of title 23, United States
Code, for the fiscal year;
(B) $17,833,949 of the amounts made avail-
able for the National Highway System under
section 101 of title 23, United States Code, for
the fiscal year;
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(C) $12,202,176 of the amounts made avail-
able to carry out the bridge program under sec-
tion 144 of title 23, United States Code, for the
fiscal year;
(D) $18,772,579 of the amounts made avail-
able to carry out the surface transportation pro-
gram under section 133 of title 23, United States
Code, for the fiscal year;
(E) $4,693,145 of the amounts made avail-
able to carry out the congestion mitigation and
air quality improvement program under section
149 of title 23, United States Code, for the fiscal
year; and
(F) $2,815,887 of the amounts made avail-
able to carry out the highway safety improve-
ment program under section 148 of title 23,
United States Code, for the fiscal year.
(6) COMMERCIAL VEHICLE INTELLIGENT TRANS-
PORTATION SYSTEM INFRASTRUCTURE PROGRAM.—Of
the amounts made available under subsection (a)(4),
not less than $28,158,868 for each of fiscal years 2005
through 2009 shall be available to carry out section
527 of title 23, United States Code.
(d) TRANSFERS
OF
FUNDS.—The Secretary may
transfer—
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(1) to an amount made available under para-
graphs (1), (2), or (4) of subsection (c), not to exceed
10 percent of the amount allocated for a fiscal year
under any other of those paragraphs; and
(2) to an amount made available under subpara-
graphs (A), (B), or (C) of subsection (c)(3), not to ex-
ceed 10 percent of the amount allocated for a fiscal
year under any other of those subparagraphs.
SEC. 2002. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total
of all obligations from amounts made available from the
Highway Trust Fund (other than the Mass Transit Ac-
count) by section 2001(a) shall not exceed—
(1) $408,491,420 for fiscal year 2005;
(2) $416,000,453 for fiscal year 2006;
(3) $422,570,857 for fiscal year 2007;
(4) $428,202,637 for fiscal year 2008; and
(5) $434,773,037 for fiscal year 2009.
SEC. 2003. NOTICE.
(a) NOTICE OF REPROGRAMMING.—If any funds au-
thorized for carrying out this title or the amendments made
by this title are subject to a reprogramming action that re-
quires notice to be provided to the Committee on Appropria-
tions of the House of Representatives and the Committee
on Appropriations of the Senate, notice of that action shall
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be concurrently provided to the Committee on Transpor-
tation and Infrastructure and the Committee on Science of
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate.
(b) NOTICE OF REORGANIZATION.—On or before the
15th day preceding the date of any major reorganization
of a program, project, or activity of the Department of
Transportation for which funds are authorized by this title
or the amendments made by this title, the Secretary shall
provide notice of the reorganization to the Committee on
Transportation and Infrastructure and the Committee on
Science of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
Subtitle B—Research and
Technology
SEC. 2101. RESEARCH AND TECHNOLOGY PROGRAM.
(a) IN GENERAL.—Chapter 5 of title 23, United States
Code, is amended to read as follows:
‘‘CHAPTER 5—RESEARCH AND
TECHNOLOGY
‘‘SUBCHAPTER I—SURFACE TRANSPORTATION
‘‘Sec.
‘‘501. Definitions.
‘‘502. Surface transportation research.
‘‘503. Technology application program.
‘‘504. Training and education.
‘‘505. State planning and research.
‘‘506. International highway transportation outreach program.
‘‘507. Surface transportation-environmental cooperative research program.
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‘‘508. Surface transportation research technology deployment and strategic plan-
ning.
‘‘509. New strategic highway research program.
‘‘510. University transportation centers.
‘‘511. Multistate corridor operations and management.
‘‘512. Transportation analysis simulation system.
‘‘SUBCHAPTER II—INTELLIGENT TRANSPORTATION SYSTEM
RESEARCH AND TECHNICAL ASSISTANCE PROGRAM
‘‘521. Finding.
‘‘522. Goals and purposes.
‘‘523. Definitions.
‘‘524. General authorities and requirements.
‘‘525. National ITS Program Plan.
‘‘526. National ITS architecture and standards.
‘‘527. Commercial vehicle intelligent transportation system infrastructure pro-
gram.
‘‘528. Research and development.
‘‘529. Use of funds.
‘‘SUBCHAPTER I—SURFACE TRANSPORTATION
‘‘§ 501. Definitions
‘‘In this subchapter:
‘‘(1) FEDERAL LABORATORY.—The term ‘Federal
laboratory’ includes—
‘‘(A) a Government-owned, Government-op-
erated laboratory; and
‘‘(B) a Government-owned, contractor-oper-
ated laboratory.
‘‘(2) SAFETY.—The term ‘safety’ includes high-
way and traffic safety systems, research, and develop-
ment relating to—
‘‘(A) vehicle, highway, driver, passenger, bi-
cyclist, and pedestrian characteristics;
‘‘(B) accident investigations;
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‘‘(C) integrated, interoperable emergency
communications;
‘‘(D) emergency medical care; and
‘‘(E) transportation of the injured.
‘‘§ 502. Surface transportation research
‘‘(a) IN GENERAL.—
‘‘(1) RESEARCH, 
DEVELOPMENT, 
AND
TECH-
NOLOGY TRANSFER ACTIVITIES.—The Secretary may
carry out research, development, and technology
transfer activities with respect to—
‘‘(A) all phases of transportation planning
and development (including new technologies,
construction, transportation systems manage-
ment and operations development, design, main-
tenance, safety, security, financing, data collec-
tion 
and 
analysis, 
demand 
forecasting,
multimodal assessment, and traffic conditions);
and
‘‘(B) the effect of State laws on the activities
described in subparagraph (A).
‘‘(2) TESTS AND DEVELOPMENT.—The Secretary
may test, develop, or assist in testing and developing,
any material, invention, patented article, or process.
‘‘(3) COOPERATION, GRANTS, AND CONTRACTS.—
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‘‘(A) IN
GENERAL.—The Secretary may
carry out this section—
‘‘(i) independently;
‘‘(ii) in cooperation with—
‘‘(I) any other Federal agency or
instrumentality; and
‘‘(II) any Federal laboratory; or
‘‘(iii) by making grants to, or entering
into contracts, cooperative agreements, and
other transactions with—
‘‘(I) the National Academy of
Sciences;
‘‘(II) the American Association of
State Highway and Transportation
Officials;
‘‘(III) planning organizations;
‘‘(IV) a Federal laboratory;
‘‘(V) a State agency;
‘‘(VI) an authority, association,
institution, or organization;
‘‘(VII) a for-profit or nonprofit
corporation;
‘‘(VIII) a foreign country; or
‘‘(IX) any other person.
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‘‘(B) COMPETITION; REVIEW.—All parties
entering into contracts, cooperative agreements
or other transactions with the Secretary, or re-
ceiving grants, to perform research or provide
technical assistance under this section shall be
selected, to the maximum extent practicable and
appropriate—
‘‘(i) on a competitive basis; and
‘‘(ii) on the basis of the results of peer
review of proposals submitted to the Sec-
retary.
‘‘(4) TECHNOLOGICAL
INNOVATION.—The pro-
grams and activities carried out under this section
shall be consistent with the surface transportation re-
search and technology development strategic plan de-
veloped under section 508(c).
‘‘(5) FUNDS.—
‘‘(A) SPECIAL
ACCOUNT.—In addition to
other funds made available to carry out this sec-
tion, the Secretary shall use such funds as may
be deposited by any cooperating organization or
person in a special account of the Treasury es-
tablished for this purpose.
‘‘(B) USE OF FUNDS.—The Secretary shall
use funds made available to carry out this sec-
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tion to develop, administer, communicate, and
promote the use of products of research, develop-
ment, and technology transfer programs under
this section.
‘‘(b) COLLABORATIVE
RESEARCH
AND
DEVELOP-
MENT.—
‘‘(1) IN GENERAL.—To encourage innovative so-
lutions to surface transportation problems and stimu-
late the deployment of new technology, the Secretary
may carry out, on a cost-shared basis, collaborative
research and development with—
‘‘(A) non-Federal entities (including State
and local governments, foreign governments, col-
leges and universities, corporations, institutions,
partnerships, sole proprietorships, and trade as-
sociations that are incorporated or established
under the laws of any State); and
‘‘(B) Federal laboratories.
‘‘(2) AGREEMENTS.—In carrying out this sub-
section, the Secretary may enter into cooperative re-
search and development agreements (as defined in sec-
tion 12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a)).
‘‘(3) FEDERAL SHARE.—
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‘‘(A) IN GENERAL.—The Federal share of
the cost of activities carried out under a coopera-
tive research and development agreement entered
into under this subsection shall not exceed 50
percent, except that if there is substantial public
interest or benefit, the Secretary may approve a
greater Federal share.
‘‘(B) NON-FEDERAL SHARE.—All costs di-
rectly incurred by the non-Federal partners, in-
cluding personnel, travel, and hardware develop-
ment costs, shall be credited toward the non-Fed-
eral share of the cost of the activities described
in subparagraph (A).
‘‘(4) USE OF TECHNOLOGY.—The research, devel-
opment, or use of a technology under a cooperative re-
search and development agreement entered into under
this subsection, including the terms under which the
technology may be licensed and the resulting royalties
may be distributed, shall be subject to the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).
‘‘(5) 
WAIVER
OF
ADVERTISING
REQUIRE-
MENTS.—Section 3709 of the Revised Statutes (41
U.S.C. 5) shall not apply to a contract or agreement
entered into under this chapter.
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‘‘(c) CONTENTS OF RESEARCH PROGRAM.—The Sec-
retary shall include as priority areas of effort within the
surface transportation research program—
‘‘(1) the development of new technologies and
methods in materials, pavements, structures, design,
and construction, with the objectives of—
‘‘(A)(i) increasing to 50 years the expected
life of pavements;
‘‘(ii) increasing to 100 years the expected
life of bridges; and
‘‘(iii) significantly increasing the durability
of other infrastructure;
‘‘(B) 
lowering 
the 
life-cycle 
costs,
including—
‘‘(i) construction costs;
‘‘(ii) maintenance costs;
‘‘(iii) operations costs; and
‘‘(vi) user costs.
‘‘(2) the development, and testing for effective-
ness, of nondestructive evaluation technologies for
civil infrastructure using existing and new tech-
nologies;
‘‘(3) the investigation of—
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‘‘(A) the application of current natural haz-
ard mitigation techniques to manmade hazards;
and
‘‘(B) the continuation of hazard mitigation
research combining manmade and natural haz-
ards;
‘‘(4) the improvement of safety—
‘‘(A) at intersections;
‘‘(B) with respect to accidents involving ve-
hicles run off the road; and
‘‘(C) on rural roads;
‘‘(5) the reduction of work zone incursions and
improvement of work zone safety;
‘‘(6) the improvement of geometric design of
roads for the purpose of safety;
‘‘(7) the examination of data collected through
the national bridge inventory conducted under section
144 using the national bridge inspection standards
established under section 151, with the objectives of
determining whether—
‘‘(A) the most useful types of data are being
collected; and
‘‘(B) any improvement could be made in the
types of data collected and the manner in which
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the data is collected, with respect to bridges in
the United States;
‘‘(8) the improvement of the infrastructure in-
vestment needs report described in subsection (g)
through—
‘‘(A) the study and implementation of new
methods of collecting better quality data, par-
ticularly with respect to performance, congestion,
and infrastructure conditions;
‘‘(B) monitoring of the surface transpor-
tation system in a system-wide manner, through
the use of—
‘‘(i) intelligent transportation system
technologies of traffic operations centers;
and
‘‘(ii) other new data collection tech-
nologies as sources of better quality per-
formance data;
‘‘(C) the determination of the critical
metrics that should be used to determine the con-
dition and performance of the surface transpor-
tation system; and
‘‘(D) the study and implementation of new
methods of statistical analysis and computer
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models to improve the prediction of future infra-
structure investment requirements;
‘‘(9) the development of methods to improve the
determination of benefits from infrastructure im-
provements, including—
‘‘(A) more accurate calculations of benefit-
to-cost ratios, considering benefits and impacts
throughout local and regional transportation sys-
tems;
‘‘(B) improvements in calculating life-cycle
costs; and
‘‘(C) valuation of assets;
‘‘(10) the improvement of planning processes to
better predict outcomes of transportation projects, in-
cluding the application of computer simulations in
the planning process to predict outcomes of planning
decisions;
‘‘(11) the multimodal applications of Geographic
Information Systems and remote sensing, including
such areas of application as—
‘‘(A) planning;
‘‘(B) environmental decisionmaking and
project delivery; and
‘‘(C) freight movement;
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‘‘(12) the development and application of meth-
ods of providing revenues to the Highway Trust Fund
with the objective of offsetting potential reductions in
fuel tax receipts;
‘‘(13) the development of tests and methods to de-
termine the benefits and costs to communities of
major transportation investments and projects;
‘‘(14) the conduct of extreme weather research,
including research to—
‘‘(A) reduce contraction and expansion
damage;
‘‘(B) reduce or repair road damage caused
by freezing and thawing;
‘‘(C) improve deicing or snow removal tech-
niques;
‘‘(D) develop better methods to reduce the
risk of thermal collapse, including collapse from
changes in underlying permafrost;
‘‘(E) improve concrete and asphalt installa-
tion in extreme weather conditions; and
‘‘(F) make other improvements to protect
highway infrastructure or enhance highway safe-
ty or performance;
‘‘(15) the improvement of surface transportation
planning;
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‘‘(16) environmental research;
‘‘(17) transportation system management and
operations; and
‘‘(18) any other surface transportation research
topics that the Secretary determines, in accordance
with the strategic planning process under section 508,
to be critical.
‘‘(d) ADVANCED, HIGH-RISK RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall establish
and carry out, in accordance with the surface trans-
portation research and technology development stra-
tegic plan developed under section 508(c) and re-
search priority areas described in subsection (c), an
advanced research program that addresses longer-
term, higher-risk research with potentially dramatic
breakthroughs for improving the durability, efficiency,
environmental impact, productivity, and safety (in-
cluding bicycle and pedestrian safety) aspects of high-
way and intermodal transportation systems.
‘‘(2) PARTNERSHIPS.—In carrying out the pro-
gram, the Secretary shall seek to develop partnerships
with the public and private sectors.
‘‘(3) REPORT.—The Secretary shall include in
the strategic plan required under section 508(c) a de-
scription of each of the projects, and the amount of
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funds expended for each project, carried out under
this subsection during the fiscal year.
‘‘(e) LONG-TERM
PAVEMENT
PERFORMANCE
PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall continue,
through September 30, 2009, the long-term pavement
performance program tests, monitoring, and data
analysis.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—Under the program, the Secretary shall
make grants and enter into cooperative agreements
and contracts to—
‘‘(A) monitor, material-test, and evaluate
highway test sections in existence as of the date
of the grant, agreement, or contract;
‘‘(B) analyze the data obtained in carrying
out subparagraph (A); and
‘‘(C) prepare products to fulfill program ob-
jectives and meet future pavement technology
needs.
‘‘(3) CONCLUSION OF PROGRAM.—
‘‘(A) SUMMARY
REPORT.—The Secretary
shall include in the strategic plan required under
section 508(c) a report on the initial conclusions
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of the long-term pavement performance program
that includes—
‘‘(i) an analysis of any research objec-
tives that remain to be achieved under the
program;
‘‘(ii) an analysis of other associated
longer-term expenditures under the program
that are in the public interest;
‘‘(iii) a detailed plan regarding the
storage, maintenance, and user support of
the database, information management sys-
tem, and materials reference library of the
program;
‘‘(iv) a schedule for continued imple-
mentation of the necessary data collection
and analysis and project plan under the
program; and
‘‘(v) an estimate of the costs of car-
rying out each of the activities described in
clauses (i) through (iv) for each fiscal year
during which the program is carried out.
‘‘(B) DEADLINE; 
USEFULNESS
OF
AD-
VANCES.—The Secretary shall, to the maximum
extent practicable—
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‘‘(i) ensure that the long-term pave-
ment performance program is concluded not
later than September 30, 2009; and
‘‘(ii) make such allowances as are nec-
essary to ensure the usefulness of the techno-
logical advances resulting from the pro-
gram.
‘‘(f) SEISMIC RESEARCH.—The Secretary shall—
‘‘(1) in consultation and cooperation with Fed-
eral agencies participating in the National Earth-
quake Hazards Reduction Program established by sec-
tion 5 of the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7704), coordinate the conduct of seis-
mic research;
‘‘(2) take such actions as are necessary to ensure
that the coordination of the research is consistent
with—
‘‘(A) planning and coordination activities
of the Director of the Federal Emergency Man-
agement Agency under section 5(b)(1) of that Act
(42 U.S.C. 7704(b)(1)); and
‘‘(B) the plan developed by the Director of
the Federal Emergency Management Agency
under section 8(b) of that Act (42 U.S.C.
7705b(b)); and
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‘‘(3) in cooperation with the Center for Civil En-
gineering Research at the University of Nevada, Reno,
and the National Center for Earthquake Engineering
Research at the University of Buffalo, carry out a
seismic research program—
‘‘(A) to study the vulnerability of the Fed-
eral-aid highway system and other surface trans-
portation systems to seismic activity;
‘‘(B) to develop and implement cost-effective
methods to reduce the vulnerability; and
‘‘(C) to conduct seismic research and up-
grade earthquake simulation facilities as nec-
essary to carry out the program.
‘‘(g) INFRASTRUCTURE
INVESTMENT
NEEDS
RE-
PORT.—
‘‘(1) IN
GENERAL.—Not later than July 31,
2005, and July 31 of every second year thereafter, the
Secretary shall submit to the Committee on Environ-
ment and Public Works of the Senate and the Com-
mittee on Transportation and Infrastructure of the
House of Representatives a report that describes—
‘‘(A) estimates of the future highway and
bridge needs of the United States; and
‘‘(B) the backlog of current highway and
bridge needs.
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‘‘(2) COMPARISON WITH PRIOR REPORTS.—Each
report under paragraph (1) shall provide the means,
including all necessary information, to relate and
compare the conditions and service measures used in
the previous biennial reports.
‘‘(h) SECURITY RELATED RESEARCH
AND TECH-
NOLOGY TRANSFER ACTIVITIES.—
‘‘(1) IN
GENERAL.—Not later than 180 days
after the date of enactment of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of
2005, the Secretary, in consultation with the Sec-
retary of Homeland Security, with key stakeholder
input (including State transportation departments)
shall develop a 5-year strategic plan for research and
technology transfer and deployment activities per-
taining to the security aspects of highway infrastruc-
ture and operations.
‘‘(2) COMPONENTS
OF
PLAN.—The plan shall
include—
‘‘(A) an identification of which agencies are
responsible for the conduct of various research
and technology transfer activities;
‘‘(B) a description of the manner in which
those activities will be coordinated; and
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‘‘(C) a description of the process to be used
to ensure that the advances derived from relevant
activities supported by the Federal Highway Ad-
ministration are consistent with the operational
guidelines, policies, recommendations, and regu-
lations of the Department of Homeland Security;
and
‘‘(D) a systematic evaluation of the research
that should be conducted to address, at a
minimum—
‘‘(i) vulnerabilities of, and measures
that may be taken to improve, emergency
response capabilities and evacuations;
‘‘(ii) recommended upgrades of traffic
management during crises;
‘‘(iii) integrated, interoperable emer-
gency communications among the public,
the military, law enforcement, fire and
emergency medical services, and transpor-
tation agencies;
‘‘(iv) protection of critical, security-re-
lated infrastructure; and
‘‘(v) structural reinforcement of key fa-
cilities.
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‘‘(3) SUBMISSION.—On completion of the plan
under this subsection, the Secretary shall submit to
the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives—
‘‘(A) a copy of the plan developed under
paragraph (1); and
‘‘(B) a copy of a memorandum of under-
standing specifying coordination strategies and
assignment of responsibilities covered by the plan
that is signed by the Secretary and the Secretary
of Homeland Security.
‘‘(i) HIGH-PERFORMANCE CONCRETE BRIDGE RE-
SEARCH AND TECHNOLOGY TRANSFER PROGRAM.—In ac-
cordance with the objectives described in subsection (c)(1)
and the requirements under sections 503(b)(4) and 504(b),
the Secretary shall carry out a program to demonstrate the
application of high-performance concrete in the construc-
tion and rehabilitation of bridges.
‘‘(j) BIOBASED TRANSPORTATION RESEARCH.—There
shall be available from the Highway Trust Fund (other
than the Mass Transit Account) $12,000,000 for each of fis-
cal years 2005 through 2009 equally divided and available
to carry out biobased research of national importance at