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clude, in the inventory of roads, those pro-
posed for inclusion by tribal village govern-
ments from among community streets 
within the village and those proposed pri-
mary access routes for inclusion by tribal 
village governments, including roads and 
trails between villages (including links over 
water), roads and trails to landfills, roads 
and trails to drinking water sources, roads 
and trails to natural resources identified 
for economic development, and roads and 
trails that provide access to intermodal ter-
mini, such as airports, harbors, or boat 
landings. 
‘‘(ii) LIMITATION ON PRIMARY ACCESS 
ROUTES.—For purposes of this subpara-
graph, a proposed primary access route is 
the shortest practicable route connecting 2 
points of the proposed route.’’. 
(c) 
BIA 
ADMINISTRATIVE
EXPENSES.—Section 
202(d)(2) of such title is further amended by adding at 
the end the following: 
‘‘(F) ADMINISTRATIVE EXPENSES.—Of the 
funds authorized to be appropriated for Indian 
reservation roads, $27,000,000 for fiscal year
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2006, $28,000,000 for fiscal year 2007, 
$29,000,000 
for 
fiscal 
year 
2008, 
and 
$30,000,000 for fiscal year 2009 may be used 
by the Secretary of the Interior for program 
management oversight and project-related ad-
ministrative expenses.’’. 
(d) BRIDGE PRECONSTRUCTION ACTIVITIES ELIGI-
BILITY.—Section 202(d)(4)(B) of such title is amended by 
adding at the end the following: ‘‘Of the amount reserved 
under this paragraph for a fiscal year, not more than 15 
percent may be used for preconstruction activities, such 
as engineering and design.’’. 
(e) GRANTS
FOR
FINANCING
TRANSPORTATION 
DEBT.—Section 202(d)(2)(A) of such title is amended by 
inserting before the period at the end the following: ‘‘; ex-
cept that, beginning October 1, 2004, the Secretary may 
use up to 3 percent of such funds for making grants to 
Indian tribes for the purpose of financing transportation 
debt for individual Indian reservation roads subject to all 
requirements governing Federal assistance for Indian 
roads under this section and section 204’’. 
(f) DEPUTY ASSISTANT SECRETARY OF TRANSPOR-
TATION
FOR TRIBAL GOVERNMENT AFFAIRS.—Section 
102 of title 49, United States Code, is amended—
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(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL 
GOVERNMENT AFFAIRS.—The Department of Transpor-
tation shall have, within the office of the Secretary, a Dep-
uty Assistant Secretary for Tribal Government Affairs ap-
pointed by the President to plan, coordinate, and imple-
ment the Department of Transportation policy and pro-
grams serving Indian tribes and tribal organizations and 
to coordinate tribal transportation programs and activities 
in all offices and administrations of the Department and 
to be a participant in any negotiated rulemaking related 
to, or has impact on, projects, programs, or funding asso-
ciated with the tribal transportation program.’’. 
(g) ALASKA
NATIVE
VILLAGE
TRANSPORTATION 
PROGRAM.—
(1) 
ESTABLISHMENT.—Not 
later 
than 
months after the date of enactment of this Act, the 
Secretary and the Denali Commission, in coordina-
tion with the Alaska Federation of Natives, shall es-
tablish an Alaska Native Village transportation pro-
gram to pay the costs of planning, design, construc-
tion, and maintenance of road and other surface
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transportation facilities identified by Alaska Native 
Villages. 
(2) ALASKA
NATIVE
VILLAGE
DEFINED.—In 
this subsection, the term ‘‘Alaska Native Village’’ 
has the same meaning such term has as used by the 
Bureau of Indian Affairs in administering the In-
dian reservation road program under section 202 of 
title 23, United States Code. 
SEC. 1121. CONSERVATION MEASURES. 
(a) REFUGE ROADS.—Section 204(k)(1) of title 23, 
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) by redesigning subparagraph (C) as sub-
paragraph (D); 
(3) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) construction, maintenance, and im-
provement of wildlife observation infrastructure; 
and’’; and 
(4) in subparagraph (D) (as so redesignated) 
by striking ‘‘maintenance and improvements’’ and 
inserting ‘‘construction, maintenance, and improve-
ments’’.
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(b) FOREST HIGHWAYS.—Of the amounts made 
available for public lands highways under section 1101—
(1) not to exceed $20,000,000 per fiscal year 
may be used for the maintenance of forest highways; 
(2) not to exceed $2,500,000 per fiscal year 
may be used to repair culverts and bridges on forest 
highways to facilitate appropriate fish passage and 
ensure reasonable flows and to maintain and remove 
such culverts and bridges as appropriate; and 
(3) not to exceed $1,000,000 per fiscal year 
may be used for signage identifying public hunting 
and fishing access. 
(c) WILDLIFE
VEHICLE
COLLISION
REDUCTION 
STUDY.—
(1) IN GENERAL.—The Secretary shall conduct 
a study of methods to reduce collisions between 
motor vehicles and wildlife (in this subsection re-
ferred to as ‘‘wildlife vehicle collisions’’). 
(2) CONTENTS.—
(A) AREAS OF STUDY.—The study shall in-
clude an assessment of the causes and impacts 
of wildlife vehicle collisions and solutions and 
best practices for reducing such collisions.
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(B) METHODS
FOR
CONDUCTING
THE 
STUDY.—In carrying out the study, the Sec-
retary shall—
(i) conduct a thorough literature re-
view; and 
(ii) survey current practices of the 
Department of Transportation. 
(3) CONSULTATION.—In carrying out the study, 
the Secretary shall consult with appropriate experts 
in the field of wildlife vehicle collisions. 
(4) REPORT.—
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Sec-
retary shall transmit to Congress a report on 
the results of the study. 
(B) CONTENTS.—The report shall include 
a description of each of the following: 
(i) Causes of wildlife vehicle collisions. 
(ii) Impacts of wildlife vehicle colli-
sions. 
(iii) Solutions to and prevention of 
wildlife vehicle collisions. 
(5) MANUAL.—
(A) DEVELOPMENT.—Based upon the re-
sults of the study, the Secretary shall develop a
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best practices manual to support State efforts 
to reduce wildlife vehicle collisions. 
(B) AVAILABILITY.—The manual shall be 
made available to States not later than 1 year 
after the date of transmission of the report 
under paragraph (4). 
(C) CONTENTS.—The manual shall in-
clude, at a minimum, the following: 
(i) A list of best practices addressing 
wildlife vehicle collisions. 
(ii) A list of information, technical, 
and funding resources for addressing wild-
life vehicle collisions. 
(iii) Recommendations for addressing 
wildlife vehicle collisions. 
(iv) Guidance for developing a State 
action plan to address wildlife vehicle colli-
sions. 
(6) TRAINING.—Based upon the manual devel-
oped under paragraph (5), the Secretary shall de-
velop a training course on addressing wildlife vehicle 
collisions for transportation professionals. 
SEC. 1122. PEDESTRIAN AND CYCLIST EQUITY. 
(a) SAFE ROUTES TO SCHOOL PROGRAM.—
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(1) ESTABLISHMENT.—Subject to the require-
ments of this subsection, the Secretary shall estab-
lish and carry out a safe routes to school program 
for the benefit of children in primary and middle 
schools. 
(2) PURPOSES.—The purposes of the program 
shall be—
(A) to enable and encourage children, in-
cluding those with disabilities, to walk and bicy-
cle to school; 
(B) to make bicycling and walking to 
school a safer and more appealing transpor-
tation 
alternative, 
thereby 
encouraging 
a 
healthy and active lifestyle from an early age; 
and 
(C) to facilitate the planning, development, 
and implementation of projects and activities 
that will improve safety and reduce traffic, fuel 
consumption, and air pollution in the vicinity of 
schools. 
(3) APPORTIONMENT OF FUNDS.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B), (C), and (D) amounts made avail-
able to carry out this subsection for a fiscal
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year shall be apportioned among the States in 
the ratio that—
(i) the total student enrollment in pri-
mary and middle schools in each State; 
bears to 
(ii) the total student enrollment in 
primary and middle schools in all the 
States. 
(B) 
MINIMUM
APPORTIONMENT.—No 
State shall receive an apportionment under this 
subsection for a fiscal year of less than 
$2,000,000. 
(C) SET-ASIDE FOR ADMINISTRATIVE EX-
PENSES.—Before apportioning amounts made 
available to carry out this subsection under this 
paragraph for a fiscal year, the Secretary shall 
set aside not more than 2 percent of such 
amounts for the administrative expenses of the 
Secretary in carrying out this subsection. 
(D) SET-ASIDE FOR NONMOTORIZED PILOT 
PROGRAM.—Before apportioning amounts made 
available to carry out this subsection under this 
paragraph and the set-aside under subpara-
graph (C) for a fiscal year, the Secretary shall 
set aside for the nonmotorized pilot program
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under 
subsection 
(b) 
of 
this 
section 
$25,000,000 for each of fiscal years 2005 
through 2009. 
(E) DETERMINATION
OF
STUDENT
EN-
ROLLMENTS.—Determinations under this para-
graph concerning student enrollments shall be 
made by the Secretary. 
(4) ADMINISTRATION OF AMOUNTS.—Amounts 
apportioned to a State under this subsection shall be 
administered by the State’s department of transpor-
tation. 
(5) ELIGIBLE
RECIPIENTS.—Amounts appor-
tioned to a State under this subsection shall be used 
by the State to provide financial assistance to State, 
local, and regional agencies, including nonprofit or-
ganizations, that demonstrate an ability to meet the 
requirements of this subsection. 
(6) ELIGIBLE PROJECTS AND ACTIVITIES.—
(A) 
INFRASTRUCTURE-RELATED 
PROJECTS.—
(i) IN
GENERAL.—Amounts appor-
tioned to a State under this subsection 
may be used for the planning, design, and 
construction 
of 
infrastructure-related 
projects that will substantially improve the
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ability of students to walk and bike to 
school, including sidewalk improvements, 
traffic calming and speed reduction im-
provements, pedestrian and bicycle cross-
ing improvements, on-street bicycle facili-
ties, off-street bicycle and pedestrian facili-
ties, secure bicycle parking facilities, and 
traffic diversion improvements in the vicin-
ity of schools. 
(ii) LOCATION OF PROJECTS.—Infra-
structure-related projects under subpara-
graph (A) may be carried out on any pub-
lic road or any bicycle or pedestrian path-
way or trail in the vicinity of schools. 
(B) NONINFRASTRUCTURE-RELATED
AC-
TIVITIES.—
(i) IN
GENERAL.—In addition to 
projects described in subparagraph (A), 
amounts apportioned to a State under this 
subsection may be used for noninfrastruc-
ture-related activities to encourage walking 
and bicycling to school, including public 
awareness campaigns and outreach to 
press and community leaders, traffic edu-
cation and enforcement in the vicinity of
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schools, student sessions on bicycle and pe-
destrian safety, health, and environment, 
and funding for training, volunteers, and 
managers of safe routes to school pro-
grams. 
(ii) ALLOCATION.—Not less than 10 
percent and not more than 30 percent of 
the amount apportioned to a State under 
this subsection for a fiscal year shall be 
used for noninfrastructure-related activities 
under this subparagraph. 
(C) SAFE
ROUTES
TO
SCHOOL
COORDI-
NATOR.—Each State receiving an apportion-
ment under this subsection for a fiscal year 
shall use a sufficient amount of the apportion-
ment to fund a full-time position of coordinator 
of the State’s safe routes to school program. 
(7) CLEARINGHOUSE.—
(A) IN
GENERAL.—The Secretary shall 
make grants to a national nonprofit organiza-
tion engaged in promoting safe routes to 
schools to—
(i) operate a national safe routes to 
school clearinghouse;
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(ii) develop information and edu-
cational programs on safe routes to school; 
and 
(iii) provide technical assistance and 
disseminate techniques and strategies used 
for successful safe routes to school pro-
grams. 
(B) FUNDING.—The Secretary shall carry 
out this paragraph using amounts set aside for 
administrative 
expenses 
under 
paragraph 
(3)(C). 
(8) TASK FORCE.—
(A) IN GENERAL.—The Secretary shall es-
tablish a national safe routes to school task 
force composed of leaders in health, transpor-
tation, and education, including representatives 
of appropriate Federal agencies, to study and 
develop a strategy for advancing safe routes to 
school programs nationwide. 
(B) REPORT.—Not later than March 31, 
2006, the Secretary shall transmit to Congress 
a report containing the results of the study con-
ducted, and a description of the strategy devel-
oped, under subparagraph (A) and information 
regarding the use of funds for infrastructure-re-
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lated and noninfrastructure-related activities 
under subparagraphs (A) and (B) of paragraph 
(6). 
(C) FUNDING.—The Secretary shall carry 
out this paragraph using amounts set aside for 
administrative 
expenses 
under 
paragraph 
(3)(C). 
(9) APPLICABILITY OF TITLE 23.—Funds made 
available to carry out this subsection shall be avail-
able for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, 
United States Code; except that such funds shall not 
be transferable and shall remain available until ex-
pended and the Federal share of the cost of a 
project or activity under this section shall be 100 
percent. Notwithstanding any other provision of law, 
projects assisted under this subsection shall be treat-
ed as projects on a Federal-aid system under such 
chapter. 
(10) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) IN THE VICINITY OF SCHOOLS.—The 
term ‘‘in the vicinity of schools’’ means, with 
respect to a school, the area within bicycling
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and walking distance of the school (approxi-
mately 2 miles). 
(B) PRIMARY
AND
MIDDLE
SCHOOLS.—
The term ‘‘primary and middle schools’’ means 
schools providing education from kindergarten 
through eighth grade. 
(C) STATE.—The term ‘‘State’’ has the 
meaning such term has in section 101(a) of 
title 23, United States Code. 
(b) NONMOTORIZED TRANSPORTATION PILOT PRO-
GRAM.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish and carry out a nonmotorized transportation 
pilot program to construct, in 4 communities se-
lected by the Secretary, a network of nonmotorized 
transportation infrastructure facilities, including 
sidewalks, bicycle lanes, and pedestrian and bicycle 
trails, that connect directly with transit stations, 
schools, residences, businesses, recreation areas, and 
other community activity centers. 
(2) PURPOSE.—The purpose of the program 
shall be to demonstrate the extent to which bicycling 
and walking can carry a significant part of the 
transportation load, and represent a major portion
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of the transportation solution, within selected com-
munities. 
(3) GRANTS.—In carrying out the program, the 
Secretary may make grants to State, local, and re-
gional agencies, that the Secretary determines are 
suitably equipped and organized to carry out the ob-
jectives and requirements of this subsection. An 
agency that receives a grant under this subsection 
may suballocate grant funds to a nonprofit organiza-
tion to carry out the program under this subsection. 
(4) STATISTICAL
INFORMATION.—In carrying 
out the program, the Secretary shall develop statis-
tical information on changes in motor vehicle, non-
motorized transportation, and public transportation 
usage in communities participating in the program 
and assess how such changes decrease congestion 
and energy usage, increase the frequency of biking 
and walking, and promote better health and a clean-
er environment. 
(5) REPORTS.—The Secretary shall transmit to 
Congress an interim report not later than September 
30, 2007, and a final report not later than Sep-
tember 30, 2010, on the results of the program.
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SEC. 1123. NATIONAL COMMISSIONS. 
(a) NATIONAL COMMISSION ON FUTURE REVENUE 
SOURCES TO SUPPORT THE HIGHWAY TRUST FUND.—
(1) ESTABLISHMENT.—There is established a 
National Commission on Future Revenue Sources to 
Support the Highway Trust Fund to conduct—
(A) a study evaluating alternative short-
term sources of Highway Trust Fund revenue 
to support the requirements of section 1125; 
and 
(B) a study evaluating alternative long-
term sources of revenue to support the Highway 
Trust Fund, considering the findings, conclu-
sions, and recommendations of a recent study 
by the Transportation Research Board of the 
National Academy of Sciences on alternatives to 
the fuel tax to support highway program financ-
ing and other relevant prior research. 
(2) FUNCTIONS.—The Commission shall—
(A) develop recommendations to generate 
Highway Trust Fund revenue necessary to ac-
complish the requirements of section 1125; 
(B) oversee a comprehensive investigation 
of alternatives to replace the fuel tax as the 
principal revenue source to support the High-
way Trust Fund over at least the next 30 years;
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(C) consult with the Secretary of Trans-
portation and the Secretary of the Treasury to 
assure that their views concerning essential at-
tributes of Highway Trust Fund revenue alter-
natives are understood; 
(D) assure that State transportation agen-
cy views on alternative revenue sources to sup-
port State transportation improvement pro-
grams are appropriately considered and that 
any recommended Federal financing strategy 
take into account State financial requirements; 
and 
(E) make specific recommendations re-
garding actions that need to be taken to develop 
alternative revenue sources to support the 
Highway Trust Fund and when those actions 
must be taken. 
(3) SPECIFIC MATTERS TO BE ADDRESSED.—
The study under paragraph (1)(B) shall address 
specifically—
(A) advantages and disadvantages of alter-
native revenue sources to meet anticipated Fed-
eral surface transportation financial require-
ments;
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(B) the time frame within which actions 
must be taken to transition from the fuel tax to 
alternative revenue sources to support the 
Highway Trust Fund; 
(C) recommendations concerning the most 
promising revenue sources to support long-term 
Federal surface transportation financing re-
quirements; 
(D) development of a broad transition 
strategy to move from the current tax base to 
new funding mechanisms, including the time 
frame for various aspects of the transition 
strategy; 
(E) recommendations for additional re-
search that may be needed to implement rec-
ommended alternatives; and 
(F) the extent to which revenues should re-
flect the relative use of the highway system. 
(4) MATTERS TO CONSIDER AND EVALUATE.—
To the maximum extent feasible, the Commission, in 
conducting the study under paragraph (1)(B), shall 
consider and evaluate other related work that has 
been done by the Department of Transportation, the 
Department of Energy, the Transportation Research 
Board, and others. In developing recommendations
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under paragraph (2), the Commission shall con-
sider—
(A) the ability to generate sufficient reve-
nues to meet anticipated long term surface 
transportation financing needs; 
(B) the roles of the various levels of gov-
ernment and the private sector in meeting fu-
ture surface transportation financing needs; 
(C) administrative costs, including enforce-
ment, to implement each option; 
(D) potential taxpayer privacy concerns; 
(E) likely technological advances that could 
ease implementation of each option; 
(F) the equity and economic efficiency of 
each option; 
(G) the flexibility of different options to 
allow various pricing alternatives to be imple-
mented; and 
(H) potential compatibility issues with 
States tax mechanisms under each alternative. 
(5) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall 
be composed of nine members of whom—
(i) three members shall be appointed 
by the Secretary;
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(ii) two members shall be appointed 
by the Speaker of the House of Represent-
atives; 
(iii) one member shall be appointed by 
the minority leader of the House of Rep-
resentatives; 
(iv) two members shall be appointed 
by the majority leader of the Senate; and 
(v) one member shall be appointed by 
the minority leader of the Senate. 
(B) 
QUALIFICATIONS.—Members 
ap-
pointed under subparagraph (A) shall have ex-
perience in public finance, surface transpor-
tation program administration, managing orga-
nizations that use surface transportation facili-
ties, academic research into related issues, or 
other activities that provide unique perspectives 
on current and future requirements for revenue 
sources to support the Highway Trust Fund. 
(C) TERMS.—Members shall be appointed 
for the life of the Commission. 
(D) VACANCIES.—A vacancy on the Com-
mission shall be filled in the manner in which 
the original appointment was made.
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(E) TRAVEL
EXPENSES.—Members shall 
serve without pay but shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 
5703 of title 5, United States Code. 
(F) CHAIRMAN.—The Chairman of the 
Commission shall be elected by the members. 
(6) STAFF.—
(A) IN GENERAL.—The Commission may 
engage the services of an appropriate organiza-
tion, agency, or firm to conduct the studies 
under this subsection, but the Commission shall 
provide strategic guidance for the studies. 
(B) DETAIL STAFF.—Upon request of the 
Commission, the Secretary may detail, on a re-
imbursable basis, any of the personnel of the 
Department of Transportation to the Commis-
sion to assist the Commission in carrying out 
its duties under this subsection. 
(C) COOPERATION.—The Secretary shall 
cooperate with the Commission in conducting 
the studies under this subsection, including pro-
viding the Commission with such nonconfiden-
tial data and information as necessary for con-
ducting and completing the study.
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(7) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Secretary 
shall provide to the Commission, on a reimbursable 
basis, the administrative support and services nec-
essary for the Commission to carry out its respon-
sibilities under this subsection. 
(8) REPORTS AND RECOMMENDATIONS.—
(A) REVENUE
ACTIONS.—Not later than 
September 30, 2005, the Commission shall 
transmit to Congress a report on revenue ac-
tions that would support the requirements of 
section 1125. 
(B) ALTERNATIVE
LONG-TERM
SOURCES 
OF REVENUE.—Not later than September 30, 
2006, the Commission shall transmit to Con-
gress a report on the results of the study con-
ducted under paragraph (1)(B), relating to al-
ternative long-term sources of revenue to sup-
port the Highway Trust Fund, including rec-
ommendations to address the needs identified in 
the study. 
(9) TERMINATION.—The Commission shall ter-
minate on the 180th day following the date of trans-
mittal of the report under paragraph (8)(B). By 
such 180th day, the Commission shall deliver all
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records and papers of the Commission to the Archi-
vist of the United States for deposit in the National 
Archives. 
(10) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit 
Account) $1,500,000 for each of fiscal years 2005 
and 2006 to carry out this subsection. 
(11) APPLICABILITY
OF
TITLE
23.—Funds 
made available to carry out this subsection shall be 
available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 
23, United States Code; except that the Federal 
share of the cost of activities carried out under this 
subsection shall be 100 percent, and such funds 
shall remain available until expended. 
(b) DECLARATION OF POLICY REGARDING FUTURE 
OF THE INTERSTATE HIGHWAY SYSTEM STUDY.—Section 
101(b) of title 23, United States Code, is amended by 
striking the last paragraph and inserting the following: 
‘‘It is further declared that it is in the national inter-
est to preserve and enhance the Dwight D. Eisenhower 
National System of Interstate and Defense Highways to 
meet the Nation’s needs for the 21st century. The current 
urban and long distance personal travel and freight move-
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ment demands have surpassed the vision of the original 
Interstate System and travel demand patterns are ex-
pected to change. Continued planning for and investment 
in the Interstate System is critical to assure it adequately 
meets the changing travel demands of the future. Among 
the foremost needs that the Interstate System must pro-
vide are safe, efficient, and reliable (1) national and inter-
regional personal mobility, (2) flow of interstate com-
merce, and (3) travel movements essential for national se-
curity. To the maximum extent, actions under this title 
should address congestion, safety, and freight transpor-
tation to provide for a strong and vigorous national econ-
omy. The Interstate System is hereby declared to be the 
Nation’s premiere highway system, essential for the Na-
tion’s economic vitality, national security, and general wel-
fare. The Secretary of Transportation is directed to take 
appropriate actions to preserve and enhance the Interstate 
System to meet the needs of the 21st century in accord-
ance with this title.’’. 
(c) NATIONAL COMMISSION ON FUTURE OF INTER-
STATE HIGHWAY SYSTEM.—
(1) ESTABLISHMENT.—There is established a 
National Commission on the Future of the Dwight 
D. Eisenhower National System of Interstate and
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Defense Highways (in this subsection referred to as 
the ‘‘Interstate System’’). 
(2) FUNCTION.—The Commission shall—
(A) conduct a study of the current condi-
tion and future of the Interstate System and 
develop a conceptual plan with alternative ap-
proaches for the future of the Interstate System 
to assure that the Interstate System will con-
tinue to serve the needs of the Nation; 
(B) assure that State transportation agen-
cy views are considered; and 
(C) make specific recommendations regard-
ing those design standards, Federal policies, 
and legislative changes that must be made to 
assure the national interests are served in meet-
ing future Interstate System needs. 
(3) SPECIFIC MATTERS TO BE ADDRESSED.—
The Commission shall assure that the study under 
this subsection specifically addresses the following: 
(A) CURRENT
CONDITION.—The current 
condition and performance of the Interstate 
System, including physical condition of bridges 
and pavements and operational characteristics 
and performance, shall be examined, relying 
primarily on existing data sources.
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(B) FUTURE ASSESSMENT.—The future of 
the Interstate System, based on a range of leg-
islative and policy approaches for 15-, 30-, and 
50-year horizons. 
(4) SPECIFIC
ISSUES
AND
DETAILS
TO
AD-
DRESS.—The following specific issues and details 
shall be addressed as a part of the study under this 
subsection: 
(A) 
DEMOGRAPHICS.—Expected 
demo-
graphics and business uses that impact trans-
portation. 
(B) USAGE.—Expected system use and ef-
fects of changing vehicle types, fleet size and 
weights, and traffic volumes. 
(C) NATURAL
DISASTER.—Seismic and 
other vulnerabilities and their potential impacts. 
(D) DESIGN
STANDARDS.—Desirable de-
sign policies and standards for future improve-
ments, including safety improvement and addi-
tional access points. 
(E) SYSTEM WIDE NEEDS.—Identification 
of both urban and rural needs. 
(F) POTENTIAL SYSTEM EXPANSION, UP-
GRADES, OR OTHER CHANGES.—Deployment of 
advanced materials and intelligent technologies;
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critical multi-state rural corridors needing ca-
pacity, safety, and operational enhancements; 
urban and multi-state corridor additions; by-
passes of major cities that ensure efficient long-
haul travel; improvements to inter-modal link-
ages; strategies to enhance asset preservation; 
and implementation strategies. 
(G) COMMUNITY
VALUES.—Consideration 
of alternative approaches to maintaining or en-
hancing community values in those neighbor-
hoods adjacent to the Interstate System. 
(H) ENVIRONMENTAL ISSUES.—Consider-
ation of alternative approaches to addressing 
environmental 
concerns 
relative 
to 
rec-
ommended alternatives. 
(I) SYSTEM
PERFORMANCE.—Evaluation 
and assessment of the current and future capa-
bilities for conducting system-wide real-time 
performance data collection and analysis, traffic 
monitoring, system operations and manage-
ment. 
(5) ALTERNATIVES.—A range of policy rec-
ommendations shall be developed as a part of the 
plan under this subsection to address identified fu-
ture needs of the Interstate System. The alternatives
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shall include funding needs and potential approaches 
to provide those funds. 
(6) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall 
be composed of nine members of whom—
(i) three members shall be appointed 
by the Secretary; 
(ii) two members shall be appointed 
by the Speaker of the House of Represent-
atives; 
(iii) one member shall be appointed by 
the minority leader of the House of Rep-
resentatives; 
(iv) two members shall be appointed 
by the majority leader of the Senate; and 
(v) one member shall be appointed by 
the minority leader of the Senate. 
(B) 
QUALIFICATIONS.—Members 
ap-
pointed under subparagraph (A) shall be ap-
pointed from among individuals that have a 
concern for maintaining a strong role for the 
Interstate System in the future of the Nation 
and may include representatives from Federal, 
State, and local governments, other transpor-
tation authorities or agencies, and organizations
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representing surface transportation owners and 
operators. 
(C) TERMS.—Members shall be appointed 
for the life of the Commission. 
(D) VACANCIES.—A vacancy in the Com-
mission shall be filled in the manner in which 
the original appointment was made. 
(E) TRAVEL
EXPENSES.—Member shall 
serve without pay but shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 
5703 of title 5, United States Code. 
(F) CHAIRMAN.—The Chairman of the 
Commission shall be elected by the members. 
(7) STAFF.—
(A) IN GENERAL.—The Commission may 
engage the services of an appropriate organiza-
tion, agency, or firm to conduct the study under 
this subsection, but the Commission shall pro-
vide strategic guidance for the study. 
(B) DETAIL STAFF.—Upon request of the 
Commission, the Secretary may detail, on a re-
imbursable basis, any of the personnel of the 
Department of Transportation to the Commis-
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sion to assist the Commission in carrying out 
its duties under this subsection. 
(C) COOPERATION.—The Secretary shall 
cooperate with the Commission in the study, in-
cluding providing the Commission with such 
nonconfidential data and information as nec-
essary for conducting and completing the study. 
(8) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Secretary 
shall provide to the Commission, on a reimbursable 
basis, the administrative support and services nec-
essary for the Commission to carry out its respon-
sibilities under this subsection. 
(9) REPORT
AND
RECOMMENDATIONS.—Not 
later than September 30, 2006, the Commission 
shall transmit to Congress a final report on the re-
sults of the study conducted under this subsection, 
including recommendations to address the needs 
identified in the study. 
(10) TERMINATION.—The Commission shall 
terminate on the 180th day following the date of 
transmittal of the report under paragraph (9). By 
such 180th day, the Commission shall deliver all 
records and papers of the Commission to the Archi-
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vist of the United States for deposit in the National 
Archives. 
(11) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the 
Highway Trust Funds (other than the Mass Transit 
Account) to carry out this subsection $1,000,000 for 
each of fiscal years 2005 and 2006. 
(12) APPLICABILITY
OF
TITLE
23, UNITED 
STATES
CODE.—Funds authorized to be appro-
priated by this section shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States 
Code; except that the Federal share of the cost of 
activities carried out under this subsection shall be 
100 percent and such funds shall remain available 
until expended. 
SEC. 1124. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2004, PART V. 
[Reserved] 
SEC. 1125. ROADWAY SAFETY. 
(a) ROAD SAFETY.—
(1) IN
GENERAL.—The Secretary shall enter 
into an agreement to assist in the activities of a na-
tional nonprofit organization that is dedicated solely 
to improving public road safety—
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(A) by improving the quality of data per-
taining to public road hazards and design fea-
tures that affect or increase the severity of 
motor vehicle crashes; 
(B) by developing and carrying out a pub-
lic awareness campaign to educate State and 
local transportation officials, public safety offi-
cials, and motorists regarding the extent to 
which public road hazards and design features 
are a factor in motor vehicle crashes; and 
(C) by promoting public road safety re-
search and technology transfer activities. 
(2) FUNDING.—There is authorized to be ap-
propriated from the Highway Trust Fund (other 
than the Mass Transit Account) $500,000 for each 
of fiscal years 2005 through 2009 to carry out this 
subsection. 
(3) APPLICABILITY OF TITLE 23.—Funds made 
available by this subsection shall be available for ob-
ligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United 
States Code, except that the funds shall remain 
available until expended. 
(b) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
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(1) IN GENERAL.—The Secretary shall make 
grants to a national, not-for-profit organization en-
gaged in promoting bicycle and pedestrian safety—
(A) to operate a national bicycle and pe-
destrian clearinghouse; 
(B) to develop information and educational 
programs; and 
(C) to disseminate techniques and strate-
gies for improving bicycle and pedestrian safety. 
(2) FUNDING.—There is authorized to be ap-
propriated from the Highway Trust Fund (other 
than the Mass Transit Account) $500,000 for each 
of fiscal years 2004 through 2009 to carry out this 
subsection. 
(3) APPLICABILITY OF TITLE 23.—Funds made 
available by this subsection shall be available for ob-
ligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United 
States Code, except that the funds shall remain 
available until expended. 
SEC. 1126. EQUITY REQUIREMENT. 
(a) GENERAL PROVISIONS.—The Secretary may not 
apportion before August 1, 2006, any funds for any of 
the programs referred to in subsection (b) for fiscal year
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2006 unless, after the date of enactment of this Act, a 
law has been enacted that—
(1) increases the guaranteed rate of return pur-
suant to section 105 of title 23, United States Code, 
to 92 percent in fiscal year 2006, 93 percent in fis-
cal year 2007, 94 percent in fiscal year 2008, and 
95 percent in fiscal year 2009; and 
(2) requires that each State receive apportion-
ments for such programs for each of such fiscal 
years that in the aggregate are at least equal to the 
greater of—
(A) the State’s minimum guaranteed rate 
of return required under paragraph (1); and 
(B) the State’s prior fiscal year’s appor-
tioned highway funds for programs referred in 
subsection (b) plus an amount equal to the 
State’s prior year apportioned funds for such 
programs multiplied by the percentage increase 
in the consumer price index during the 12-
month period ending June 30 of the calendar 
year in which the fiscal year begins. 
(b) APPLICABILITY.—The withholding of apportioned 
funds under subsection (a) shall apply to the following 
programs:
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(1) The National Highway System program 
under section 103(b) of title 23, United States Code. 
(2) The high priority projects program under 
section 117 of such title. 
(3) The Interstate maintenance program under 
section 119 of such title. 
(4) The surface transportation program under 
section 133 of such title. 
(5) Metropolitan planning under chapter 52 of 
title 49, United States Code. 
(6) The highway bridge replacement and reha-
bilitation program under section 144 of title 23, 
United States Code. 
(7) The congestion mitigation and air quality 
improvement program under section 149 of such 
title. 
(8) The recreational trails program under sec-
tion 206 of such title. 
(9) The Appalachian development highway sys-
tem under subtitle IV of title 40, United States 
Code. 
(10) The freight intermodal connectors program 
under section 1303 of this Act. 
(11) The coordinated border infrastructure pro-
gram under section 1302 of this Act.
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(12) The high risk rural road safety improve-
ment program under section 1403 of this Act. 
(13) The safe routes to schools program under 
section 1122 of this Act. 
(14) The minimum guarantee program under 
section 105 of title 23, United States Code. 
(c) CONSIDERATION OF COMMISSION FINDINGS.—In 
considering a law that increases the guaranteed rate of 
return referred to in subsection (a), Congress should con-
sider the findings of the report on alternative short-term 
sources of Highway Trust Fund revenue to be published 
by the National Commission on Future Revenue Sources 
to Support the Highway Trust Fund pursuant to section 
1123 of this Act. 
Subtitle B—Congestion Relief 
SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF. 
(a) IN GENERAL.—Title 23, United States Code, is 
amended by inserting after section 138 the following: 
‘‘§ 139. Motor vehicle congestion relief 
‘‘(a) IN GENERAL.—Each State that has an urban-
ized area with an urbanized area population of over 
200,000 individuals shall obligate in each of fiscal years 
2005 through 2009 a portion of the State’s apportion-
ments under section 104(b) in such fiscal year, as cal-
culated under subsection (b), for congestion relief activi-
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ties in such urbanized areas in accordance with this sec-
tion. 
‘‘(b) CALCULATION OF AMOUNT.—The portion of a 
State’s apportionments for a fiscal year to be obligated 
for congestion relief activities under subsection (a) shall 
be determined by multiplying—
‘‘(1) the total of amounts apportioned to the 
State under each of paragraphs (1), (2), (3), and (4) 
of section 104(b) in such fiscal year; by 
‘‘(2) 10 percent; by 
‘‘(3) the percentage of the State’s population 
residing in urbanized areas of the State with an ur-
banized area population of over 200,000 individuals. 
‘‘(c) ALLOCATION
BETWEEN
UNDER
ONE
AND 
UNDER THREE CONGESTION RELIEF ACTIVITIES.—Of 
the total amount of a State’s apportionments to be obli-
gated for congestion relief activities for a fiscal year as 
calculated under subsection (b)—
‘‘(1) 40 percent shall be obligated for under one 
congestion relief activities; 
‘‘(2) 35 percent shall be obligated for under 
three congestion relief activities; and 
‘‘(3) 25 percent shall be obligated at the discre-
tion of the State department of transportation for 1 
or more of the following:
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‘‘(A) Under one congestion relief activities. 
‘‘(B) Under three congestion relief activi-
ties. 
‘‘(C) Capital costs for transit projects that 
are eligible for assistance under chapter 53 of 
title 49. 
‘‘(D) Demand relief projects and activities 
that shift demand to non-peak hours or to other 
modes of transportation or that reduce the 
overall level of demand for roads through such 
means as telecommuting, ridesharing, alter-
native work hour programs, and value pricing. 
‘‘(d) OBLIGATION OF AMOUNTS.—
‘‘(1) IN GENERAL.—In complying with the re-
quirements of this section, the amounts obligated by 
a State for congestion relief activities under sub-
section (a) shall be allocated among the individual 
programs for which funds are apportioned under 
sections 
104(b)(1), 
104(b)(2), 
104(b)(3), 
and 
104(b)(4). 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
as requiring a State to obligate proportional or equal 
amounts 
under 
sections 
104(b)(1), 
104(b)(2),
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104(b)(3), and 104(b)(4) for any congestion relief 
activity under this section. 
‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or 
otherwise affecting the applicability of the requirements 
of this chapter (including requirements relating to the eli-
gibility of a project for assistance under the program, the 
location of the project, and the Federal-share payable on 
account of the project) to amounts apportioned to a State 
for a program under section 104(b) that are obligated by 
the State for congestion relief activities under subsection 
(a). 
‘‘(f) JOINT RESPONSIBILITY.—Each State, each af-
fected metropolitan planning organization, and the Sec-
retary shall jointly ensure compliance with this section. 
‘‘(g) TRANSFERS.—
‘‘(1) IN
GENERAL.—A State may transfer a 
portion of the amount that the State must obligate 
for under one congestion relief activities in a fiscal 
year under this section to the amount the State 
must obligate for under three congestion relief ac-
tivities under this section if the State certifies to the 
Secretary that there are no under one congestion re-
lief activities for which such portion can be obligated 
in such fiscal year and the Secretary does not dis-
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approve such transfer within 30 days after the date 
of such certification. 
‘‘(2) LIMITATION.—The amount that a State 
may transfer in a fiscal year under this subsection 
may not reduce the amount the State must obligate 
for under one congestion relief activities to less than 
10 percent of the total amount of the State’s appor-
tionments to be obligated for congestion relief activi-
ties for such fiscal year as calculated under sub-
section (b). 
‘‘(3) TREATMENT.—Amounts transferred by a 
State under this subsection for a fiscal year shall be 
included in the amount of the State’s apportion-
ments allocated for under three congestion relief ac-
tivities for such fiscal year under subsection (c)(2). 
‘‘(h) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CONGESTION RELIEF ACTIVITIES.—
‘‘(A) IN GENERAL.—The term ‘congestion 
relief activity’ means any activity, project, or 
program that has as its primary purpose, as de-
termined by the State transportation depart-
ment, the relief of motor vehicle congestion. 
‘‘(B) INCLUSIONS.—Such term includes 
the following:
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‘‘(i) Relief of motor vehicle congestion 
through additional capacity, construction 
of additional lanes, improvements to inter-
changes, improved access to major termi-
nals, construction of parallel roads, con-
struction of truck only lanes, and major 
arterial improvements. 
‘‘(ii) Transportation systemwide oper-
ational improvements targeted at increas-
ing motor vehicle travel reliability through 
such means as incident management pro-
grams, traffic monitoring and surveillance, 
and traveler information initiatives. 
‘‘(iii) Maximizing efficient use of ex-
isting motor vehicle travel capacity through 
such means as reversible lanes, coordinated 
traffic signalization, and managed lanes or 
other lane management strategies. 
‘‘(C) EXCLUSIONS.—Such term does not 
include demand relief projects and activities 
that shift demand to non-peak hours or to other 
modes of transportation or that reduce the 
overall level of demand for roads through such 
means as telecommuting, ridesharing, alter-
native work hour programs, and value pricing.
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‘‘(2) UNDER ONE CONGESTION RELIEF ACTIVI-
TIES.—The term ‘under one congestion relief activ-
ity’ means a congestion relief activity that—
‘‘(A) will be completed within one year 
after the date of commencement of onsite im-
provements; 
‘‘(B) has a total projected cost of less than 
$1,000,000; and 
‘‘(C) will improve conditions in the applica-
ble urbanized area or is an element of the con-
gestion management system of the applicable 
metropolitan planning organization. 
‘‘(3) UNDER THREE CONGESTION RELIEF AC-
TIVITIES.—The term ‘under three congestion relief 
activities’ means congestion relief activities that—
‘‘(A) will be completed within 3 years after 
the date of commencement of onsite improve-
ments; and 
‘‘(B) will improve conditions in the applica-
ble urbanized area or is an element of the con-
gestion management system of the applicable 
metropolitan planning organization.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter I of such title is amended by inserting after the 
item relating to section 138 the following:
‘‘139. Motor vehicle congestion relief.’’.
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(c) MOTOR VEHICLE DEFINED.—Title 23, United 
States Code, is amended—
(1) in section 154(a)(2), relating to the defini-
tion of motor vehicle, by inserting ‘‘streets, roads, 
and’’ before ‘‘highways’’; 
(2) by redesignating paragraph (2) of section 
154(a) as paragraph (38); 
(3) by moving such redesignated paragraph 
from section 154(a) to the end of section 101(a); 
(4) by redesignating paragraphs (3) and (4) of 
section 154(a) as paragraphs (2) and (3), respec-
tively; 
(5) in section 153(i)—
(A) by striking paragraph (2); and 
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; 
(6) in section 164(a)(4) by striking ‘‘means’’ 
and all that follows through ‘‘rail line or’’ and in-
serting ‘‘does not include’’; and 
(7) in section 405(f)—
(A) by striking paragraph (2); and 
(B) by redesignating paragraphs (3), (4), 
(5), and (6) as paragraphs (2), (3), (4), and 
(5).
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SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND 
OPERATIONS. 
(a) DEFINITIONS.—
(1) OPERATING
COSTS
FOR
TRAFFIC
MONI-
TORING, 
MANAGEMENT, 
AND
CONTROL.—Section 
101(a)(17) of title 23, United States Code, is 
amended by inserting ‘‘transportation systems man-
agement and operations and’’ after ‘‘associated 
with’’. 
(2) 
OPERATIONAL
IMPROVEMENT.—Section 
101(a)(18)(A)(i) of such title is amended—
(A) by inserting ‘‘transportation systems 
management and operations, including’’ after 
‘‘for’’; and 
(B) by inserting ‘‘equipment and programs 
for transportation response to natural disas-
ters,’’ after ‘‘incident management programs,’’. 
(3) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—Section 101(a) of such title is 
further amended by adding at the end the following: 
‘‘(39) TRANSPORTATION
SYSTEMS
MANAGE-
MENT AND OPERATIONS.—
‘‘(A) IN GENERAL.—The term ‘transpor-
tation systems management and operations’ 
means an integrated program to optimize the 
performance of existing infrastructure through
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the implementation of multimodal and inter-
modal, cross-jurisdictional systems, services, 
and projects designed to preserve capacity and 
improve the security, safety, and reliability of 
Federal-aid highways. 
‘‘(B) INCLUDED ACTIVITIES AND IMPROVE-
MENTS.—The term includes regional operations 
collaboration and coordination activities be-
tween transportation and public safety agencies 
and improvements such as traffic detection and 
surveillance, 
arterial 
management, 
freeway 
management, demand management, work zone 
management, emergency management, elec-
tronic toll collection, automated enforcement, 
traffic operations measures to improve capacity, 
traffic signal coordination, optimization of traf-
fic signal timing, traffic incident management, 
communications equipment related to traffic in-
cident management (including integrated, inter-
operable, emergency communications equip-
ment), roadway weather management, traveler 
information services, commercial vehicle oper-
ations, traffic control, freight management, and 
coordination of highway, rail, transit, bicycle, 
and pedestrian operations.’’.
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(b) SURFACE TRANSPORTATION PROGRAM ELIGI-
BILITY.—Section 133(b) of such title is amended—
(1) by redesignating paragraphs (13) and (14) 
as paragraphs (12) and (13), respectively; and 
(2) by adding at the end the following: 
‘‘(14) Regional transportation operations col-
laboration and coordination activities that are asso-
ciated with regional improvements, including activi-
ties for traffic incident management, technology de-
ployment, emergency management and response, 
traveler information, and regional congestion re-
lief.’’. 
(c) NATIONAL HIGHWAY SYSTEM ELIGIBILITY.—
Section 103(b)(6) of such title is amended by adding at 
the end the following: 
‘‘(Q) Capital, operating, and systems main-
tenance costs for transportation systems man-
agement and operations.’’. 
(d) TRANSPORTATION SYSTEMS MANAGEMENT AND 
OPERATIONS.—Subchapter I of chapter 1 of such title is 
further amended by adding at the end the following: 
‘‘§ 166. Transportation systems management and op-
erations 
‘‘(a) AUTHORITY.—The Secretary may—
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‘‘(1) encourage transportation system man-
agers, operators, public safety officials, and trans-
portation planners within an urbanized area, who 
are actively engaged in and responsible for con-
ducting activities relating to day-to-day manage-
ment, operations, public safety, and planning of 
transportation facilities and services, to collaborate 
and coordinate on a regional level in a continuous 
and sustained manner for improved transportation 
systems management and operations, including, at a 
minimum—
‘‘(A) developing a regional concept of oper-
ations that defines a regional strategy shared 
by all transportation and public safety partici-
pants for how the region’s systems should be 
managed, operated, and measured; 
‘‘(B) sharing of information among opera-
tors, service providers, public safety officials, 
and the general public; and 
‘‘(C) guiding, in a regionally-coordinated 
manner, the implementation of regional trans-
portation system management and operations 
initiatives, including emergency evacuation and 
response, traffic incident management, tech-
nology deployment, and traveler information
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systems delivery, in a manner consistent with 
and integrated into the ongoing metropolitan 
and statewide transportation planning processes 
and regional intelligent transportation system 
architecture, if required; and 
‘‘(2) encourage States to establish a system of 
basic real-time monitoring capability for the surface 
transportation system and provide the capability and 
means to share that data among agencies (including 
highway, transit, and public safety agencies), juris-
dictions (including States, cities, counties, and areas 
represented by metropolitan planning organizations), 
private-sector entities, and the traveling public. 
‘‘(b) EXECUTION.—To support the successful execu-
tion of transportation systems management and oper-
ations activities, the Secretary may undertake the fol-
lowing activities: 
‘‘(1) Assist and cooperate with other Federal 
departments and agencies, State and local govern-
ments, metropolitan planning organizations, private 
industry representatives, and other interested parties 
to improve regional collaboration and real-time infor-
mation sharing between transportation system man-
agers and operators, public safety officials, emer-
gency managers, and the general public to increase
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the security, safety, and reliability of Federal-aid 
highways. 
‘‘(2) Issue, if necessary, new guidance or regu-
lations for the procurement of transportation system 
management and operations facilities, equipment, 
and services, including equipment procured in prepa-
ration for natural disasters and emergencies, system 
hardware, software, and software integration serv-
ices.’’. 
(e) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by adding at the end the 
following:
‘‘166. Transportation systems management and operations.’’.
(f) INTELLIGENT TRANSPORTATION SYSTEM PRO-
CUREMENT POLICY.—
(1) STUDY.—The Secretary shall—
(A) conduct a study of the current policies 
and practices for the procurement of intelligent 
transportation system facilities, equipment, and 
services; and 
(B) develop a conceptual plan with alter-
native approaches for expediting and stream-
lining such procurements at the State level. 
(2) RECOMMENDATIONS.—Based on the results 
of the study, the Secretary shall make recommenda-
tions in the report under paragraph (4) regarding
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procurement standards, including recommendations 
regarding any changes in Federal and State stat-
utes, regulations, and policies necessary to ensure 
that national interests are served in meeting future 
intelligent transportation system needs. 
(3) SPECIFIC MATTERS TO BE ADDRESSED.—
The study under this subsection shall specifically ad-
dress the following: 
(A) CURRENT
CONDITION.—The current 
practices and policies relating to procurement of 
intelligent 
transportation 
system 
facilities, 
equipment, and services, including equipment 
procured in preparation for natural disasters 
and emergencies, system hardware, software, 
and software integration services. 
(B) ASSESSMENT
OF
NEED
FOR
POLICY 
REFORM.—The ability of current practices and 
policies to achieve the successful implementa-
tion of intelligent transportation system goals 
and the need for national policy reform to expe-
dite and streamline procurements necessary to 
meet such goals. 
(C) ALTERNATIVES.—The range of legisla-
tive, regulatory, and policy alternatives to ad-
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dress identified needs and goals, including fund-
ing needs. 
(D) 
RECOMMENDATIONS.—Recommenda-
tions regarding procurement standards, includ-
ing recommendations regarding any changes in 
Federal and State statutes, regulations, and 
policies necessary for expedited and streamlined 
procurements. 
(4) REPORT
AND
RECOMMENDATIONS.—Not 
later than March 31, 2006, the Secretary shall 
transmit to the appropriate committees of Congress 
a final report regarding the results of the study con-
ducted under this subsection and recommendations 
to address the needs identified in such study. 
(5) 
INITIATION
OF
RULEMAKING
PRO-
CEEDING.—To the extent any recommendation made 
by the Secretary under this subsection may be im-
plemented by regulation, the Secretary shall initiate 
a rulemaking proceeding to address such rec-
ommendation not later than the 90th day following 
the date of submission of the report under para-
graph (4). 
(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit
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Account) $1,000,000 in fiscal year 2005 to carry out 
this subsection. 
(7) APPLICABILITY OF TITLE 23.—Funds made 
available to carry out this subsection shall be avail-
able for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, 
United States Code; except that the Federal share of 
the cost of the study under this subsection shall be 
100 percent and such funds shall remain available 
until expended. 
SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMA-
TION PROGRAM. 
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish 
a real-time system management information pro-
gram to provide, in all States, the capability to mon-
itor, in real-time, the traffic and travel conditions of 
the Nation’s major highways and to share that in-
formation to improve the security of the surface 
transportation system, to address congestion prob-
lems, to support improved response to weather 
events and surface transportation incidents, and to 
facilitate national and regional highway traveler in-
formation.
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(2) PURPOSES.—The purposes of the real-time 
system management information program are to—
(A) establish, in all States, a system of 
basic real-time information for managing and 
operating the surface transportation system; 
(B) identify longer range real-time high-
way and transit monitoring needs and develop 
plans and strategies for meeting such needs; 
and 
(C) provide the capability and means to 
share that data with State and local govern-
ments and the traveling public. 
(b) NATIONAL STEERING COMMITTEE.—
(1) IN GENERAL.—The Secretary shall establish 
a national steering committee to assist in the devel-
opment of data exchange formats under subsection 
(c). 
(2) REPRESENTATIVES.—The national steering 
committee shall consist of representatives of State 
transportation departments, metropolitan planning 
organizations, local governments, nonprofit entities, 
the private sector, and academia. 
(3) PURPOSE.—The purpose of the national 
steering committee shall be to provide guidance re-
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garding the content and uniformity of data exchange 
formats. 
(c) DATA EXCHANGE FORMATS.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall establish data exchange formats based on rec-
ommendations of the steering committee established under 
subsection (b) to ensure that the data provided by highway 
and transit monitoring systems, including statewide inci-
dent reporting systems, can readily be exchanged across 
jurisdictional boundaries, facilitating nationwide avail-
ability of information. 
(d) REGIONAL INTELLIGENT TRANSPORTATION SYS-
TEM ARCHITECTURE.—
(1) ADDRESSING
INFORMATION
NEEDS.—As 
State and local governments develop or update re-
gional intelligent transportation system architec-
tures, described in section 940.9 of title 23, Code of 
Federal Regulations, such governments shall explic-
itly address real-time highway and transit informa-
tion needs and the systems needed to meet such 
needs, including addressing coverage, monitoring 
systems, data fusion and archiving, and methods of 
exchanging or sharing highway and transit informa-
tion.
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(2) DATA EXCHANGE.—States shall incorporate 
the data exchange formats established by the Sec-
retary under subsection (c) to ensure that the data 
provided by highway and transit monitoring systems 
may readily be exchanged with State and local gov-
ernments and may be made available to the traveling 
public. 
(e) ELIGIBILITY.—Subject to project approval by the 
Secretary, a State may obligate funds apportioned to the 
State under sections 104(b)(1), 104(b)(2), and 104(b)(3) 
of title 23, United States Code, for activities related to 
the planning and deployment of real-time monitoring ele-
ments that advance the goals and purposes described in 
subsection (a). 
(f) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or 
otherwise affecting the applicability of the requirements 
of chapter 1 of title 23, United States Code (including 
requirements relating to the eligibility of a project for as-
sistance under the program, the location of the project, 
and the Federal-share payable on account of the project), 
to amounts apportioned to a State for a program under 
section 104(b) that are obligated by the State for activities 
and projects under this section.
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(g) STATEWIDE INCIDENT REPORTING SYSTEM DE-
FINED.—In this section, the term ‘‘statewide incident re-
porting system’’ means a statewide system for facilitating 
the real-time electronic reporting of surface transportation 
incidents to a central location for use in monitoring the 
event, providing accurate traveler information, and re-
sponding to the incident as appropriate. 
SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPOR-
TATION SYSTEMS DEPLOYMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a comprehensive program to accelerate the integration, 
interoperability, and deployment of intelligent transpor-
tation systems in order to improve the performance of the 
surface transportation system in metropolitan and rural 
areas. 
(b) SELECTION OF MODEL PROJECTS.—Under the 
program, the Secretary may make grants, through com-
petitive solicitation, for projects that will serve as models 
to improve transportation efficiency, promote surface 
transportation safety (including safe freight movement), 
increase traffic flow (including the flow of intermodal trav-
el at ports of entry), reduce emissions of air pollutants, 
improve traveler information, enhance alternative trans-
portation modes, build on existing intelligent transpor-
tation system projects, and promote tourism.
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(c) OTHER PROJECTS, PROGRAMS, AND ACTIVI-
TIES.—Under the program, the Secretary may make 
grants for projects, programs, and activities in metropoli-
tan and rural areas that—
(1) contribute to national deployment goals and 
objectives outlined in the national intelligent trans-
portation system program plan; 
(2) promote cooperation among agencies, juris-
dictions, and the private sector, as evidenced by 
signed memoranda of understanding that clearly de-
fine the responsibilities and relations of all parties to 
a partnership arrangement, including institutional 
relationships and financial agreements needed to 
support deployment of intelligent transportation sys-
tems; 
(3) encourage private sector involvement and fi-
nancial commitment to such deployment to the max-
imum extent practicable through innovative financial 
arrangements, especially public-private partnerships, 
including arrangements that generate revenue to off-
set public investment costs; 
(4) enhance fully integrated intelligent trans-
portation system deployment; 
(5) create technical capacity for effective oper-
ations and maintenance of such systems;
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(6) improve safety, mobility, geographic and re-
gional diversity, and economic development in de-
ployment of such systems; 
(7) advance deployment of the 511 traveler in-
formation program; and 
(8) advance deployment of other national sys-
tems, including a statewide incident reporting sys-
tem, wireless e-911 system, and road weather infor-
mation system. 
(d) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated under sec-
tion 1101(a)(16) of this Act shall be available for obliga-
tion to carry out subsection (c)(7) in the same manner 
and to the same extent as if such funds were apportioned 
under chapter 1 of title 23, United States Code; except 
that the Federal share of the cost of projects carried out 
under subsection (c)(7) shall be 80 percent and such funds 
shall remain available until expended. 
SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DE-
PLOYMENT. 
(a) PURPOSE.—The purpose of this section is to en-
sure that a minimum of $2,500,000,000 of the amounts 
authorized to be appropriated for the National Highway 
System, Interstate maintenance, surface transportation, 
and congestion mitigation and air quality improvement
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programs for fiscal years 2005 through 2009 is utilized 
to expand deployment of intelligent transportation sys-
tems. 
(b) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by inserting after section 149 the 
following: 
‘‘§ 150. Deployment of intelligent transportation sys-
tems 
‘‘(a) IN GENERAL.—In each of fiscal years 2005 
through 2009, each State shall obligate a portion of the 
funds apportioned to the State under sections 104(b)(1), 
104(b)(2), 104(b)(3), and 104(b)(4) for such fiscal year, 
calculated under subsection (b), for projects described in 
subsection (c) that support deployment of intelligent 
transportation systems in the State. 
‘‘(b) CALCULATION OF AMOUNT.—The portion of a 
State’s apportionments to be obligated under subsection 
(a) for projects described in subsection (c) in a fiscal year 
shall be determined by multiplying $500,000,000 by the 
ratio that—
‘‘(1) the aggregate of amounts apportioned to 
the State for such fiscal year under sections 
104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); 
bears to
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‘‘(2) the aggregate of amounts apportioned to 
all States for such fiscal year under such sections. 
‘‘(c) INTELLIGENT TRANSPORTATION SYSTEMS DE-
PLOYMENT PROJECTS.—Projects for which funds must be 
obligated under this section include the following: 
‘‘(1) PERFORMANCE.—Establishment and im-
plementation of operations systems and services that 
improve performance in the areas of traffic oper-
ations, emergency response to surface transportation 
incidents, surface transportation incident manage-
ment, weather event response management by State 
and local authorities, surface transportation network 
and facility management, construction and work 
zone management, and traffic flow information. 
‘‘(2) NETWORKS.—Conducting activities that 
support the creation of networks that link metropoli-
tan and rural surface transportation systems into an 
integrated data network, capable of collecting, shar-
ing, and archiving transportation system traffic con-
dition and performance information. 
‘‘(3) SAFETY.—Implementation of intelligent 
transportation system technologies that improve 
highway safety through linkages connecting the vehi-
cle, the infrastructure, and information to the driver.
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‘‘(4) OPERATION
AND
MANAGEMENT.—Provi-
sion of services necessary to ensure the efficient op-
eration and management of intelligent transpor-
tation systems infrastructure, including costs associ-
ated with communications, utilities, rent, hardware, 
software, labor, administrative costs, training, and 
technical services. 
‘‘(5) INTERAGENCY
SUPPORT.—Provision of 
support for institutional relationships between trans-
portation agencies, police, emergency medical serv-
ices, private emergency operators, freight operators, 
and shippers. 
‘‘(6) 
PLANNING.—Conducting 
cross-jurisdic-
tional planning and deployment of regional transpor-
tation systems operations and management ap-
proaches. 
‘‘(d) OBLIGATION OF AMOUNTS.—
‘‘(1) IN GENERAL.—In complying with the re-
quirements of this section, the amounts obligated by 
a State for projects under subsection (c) that sup-
port deployment of intelligent transportation systems 
in such State under subsection (a) shall be allocated 
among the individual programs for which funds are 
apportioned under sections 104(b)(1), 104(b)(2), 
104(b)(3), and 104(b)(4).
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‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
as requiring a State to obligate proportional or equal 
amounts 
under 
sections 
104(b)(1), 
104(b)(2), 
104(b)(3), and 104(b)(4) for any congestion relief 
activity under this section. 
‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or 
otherwise affecting the applicability of the requirements 
of this chapter (including requirements relating to the eli-
gibility of a project for assistance under the program, the 
location of the project, and the Federal-share payable on 
account of the project) to amounts apportioned to a State 
for a program under section 104(b) that are obligated by 
the State for projects under this section. 
‘‘(f) JOINT RESPONSIBILITY.—Each State, each af-
fected metropolitan planning organization, and the Sec-
retary shall jointly ensure compliance with this section.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing to section 149 the following:
‘‘150. Deployment of intelligent transportation systems.’’.
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SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT 
SUPPORT 
DEPLOYMENT 
OF 
INTELLIGENT 
TRANSPORTATION SYSTEMS. 
(a) CATEGORICAL EXCLUSIONS.—Not later than one 
year after the date of enactment of this Act, the Secretary 
shall initiate a rulemaking process to establish, to the ex-
tent appropriate, categorical exclusions for activities that 
support the deployment of intelligent transportation infra-
structure and systems from the requirement that an envi-
ronmental assessment or an environmental impact state-
ment be prepared under section 102 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
(42 U.S.C. 4332) in compliance with the standards for 
categorical exclusions established by that Act. 
(b) NATIONWIDE PROGRAMMATIC AGREEMENT.—
(1) DEVELOPMENT.—The Secretary shall de-
velop a nationwide programmatic agreement gov-
erning the review of activities that support the de-
ployment of intelligent transportation infrastructure 
and systems in accordance with section 106 of the 
National Historic Preservation Act (16 U.S.C. 470f) 
and the regulations of the Advisory Council on His-
toric Preservation. 
(2) CONSULTATION.—The Secretary shall de-
velop the agreement under paragraph (1) in con-
sultation with the National Conference of State His-
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toric Preservation Officers and the Advisory Council 
on Historic Preservation established under title II of 
the National Historic Preservation Act (26 U.S.C. 
470i et seq.) and after soliciting the views of other 
interested parties. 
(c) INTELLIGENT TRANSPORTATION INFRASTRUC-
TURE AND SYSTEMS DEFINED.—In this section, the term 
‘‘intelligent transportation infrastructure and systems’’ 
means intelligent transportation infrastructure and intel-
ligent transportation systems, as such terms are defined 
in section 5607. 
SEC. 1207. STATE ASSUMPTION OF RESPONSIBILITIES FOR 
CERTAIN PROGRAMS AND PROJECTS. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘§ 167. State assumption of responsibilities for cer-
tain programs and projects 
‘‘(a) ASSUMPTION OF SECRETARY’S RESPONSIBIL-
ITIES UNDER APPLICABLE FEDERAL LAWS.—
‘‘(1) PILOT PROGRAM.—
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
may establish a pilot program under which 
States may assume the responsibilities of the
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Secretary under any Federal laws subject to the 
requirements of this section. 
‘‘(B) FIRST 3 FISCAL YEARS.—In the first 
3 fiscal years following the date of enactment of 
this section, the Secretary may allow up to 5 
States to participate in the pilot program. 
‘‘(2) SCOPE
OF
PROGRAM.—Under the pilot 
program, the Secretary may assign, and a State may 
assume, any of the Secretary’s responsibilities (other 
than responsibilities relating to federally recognized 
Indian tribes) for environmental reviews, consulta-
tion, or decisionmaking or other actions required 
under any Federal law as such requirements apply 
to the following projects: 
‘‘(A) Projects funded under section 104(h). 
‘‘(B) Transportation enhancement activi-
ties under section 133, as such term is defined 
in section 101(a)(35). 
‘‘(C) 
Projects 
as 
defined 
in 
section 
101(a)(39) and section 5607 of the Transpor-
tation Equity Act: A Legacy for Users. 
‘‘(b) AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall enter 
into a memorandum of understanding with a State 
participating in the pilot program setting forth the
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responsibilities to be assigned under subsection 
(a)(2) and the terms and conditions under which the 
assignment is being made. 
‘‘(2) CERTIFICATION.—Before the Secretary en-
ters into a memorandum of understanding with a 
State under paragraph (1), the State shall certify 
that the State has in effect laws (including regula-
tions) applicable to projects carried out and funded 
under this title and chapter 53 of title 49 that au-
thorize the State to carry out the responsibilities 
being assumed. 
‘‘(3) MAXIMUM DURATION.—A memorandum of 
understanding with a State under this section shall 
be established for an initial period of no more than 
3 years and may be renewed by mutual agreement 
on a periodic basis for periods of not more than 3 
years. 
‘‘(4) COMPLIANCE.—
‘‘(A) IN GENERAL.—After entering into a 
memorandum of understanding under para-
graph (1), the Secretary shall review and deter-
mine compliance by the State with the memo-
randum of understanding. 
‘‘(B) RENEWALS.—The Secretary shall 
take into account the performance of a State
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under the pilot program when considering re-
newal of a memorandum of understanding with 
the State under the program. 
‘‘(c) SELECTION OF STATES FOR PILOT PROGRAM.—
‘‘(1) APPLICATION.—To be eligible to partici-
pate in the pilot program, a State shall submit to 
the Secretary an application that contains such in-
formation as the Secretary may require. At a min-
imum, an application shall include—
‘‘(A) a description of the projects or class-
es of projects for which the State seeks to as-
sume responsibilities under subsection (a)(2); 
and 
‘‘(B) a certification that the State has the 
capability to assume such responsibilities. 
‘‘(2) PUBLIC NOTICE.—Before entering into a 
memorandum of understanding allowing a State to 
participate in the pilot program, the Secretary 
shall—
‘‘(A) publish notice in the Federal Register 
of the Secretary’s intent to allow the State to 
participate in the program, including a copy of 
the State’s application to the Secretary and the 
terms of the proposed agreement with the 
State; and
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‘‘(B) provide an opportunity for public 
comment. 
‘‘(3) SELECTION
CRITERIA.—The Secretary 
may approve the application of a State to assume re-
sponsibilities under the program only if—
‘‘(A) the requirements under paragraph 
(2) have been met; and 
‘‘(B) the Secretary determines that the 
State has the capability to assume the respon-
sibilities. 
‘‘(4) OTHER FEDERAL AGENCY VIEWS.—Before 
assigning to a State a responsibility of the Secretary 
that requires the Secretary to consult with another 
Federal agency, the Secretary shall solicit the views 
of the Federal agency. 
‘‘(d) STATE DEFINED.—With respect to the rec-
reational trails program, the term ‘State’ means the State 
agency designated by the Governor of the State in accord-
ance with section 206(c)(1). 
‘‘(e) PRESERVATION OF PUBLIC INTEREST CONSID-
ERATION.—Nothing in this section shall be construed to 
limit the requirements under any applicable law providing 
for the consideration and preservation of the public inter-
est, including public participation and community values 
in transportation decisionmaking.’’.
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(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 1 of such title is amended by add-
ing at the end the following:
‘‘167. State assumption of responsibilities for certain programs and projects.’’.
SEC. 1208. HOV FACILITIES. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘§ 168. HOV facilities 
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY
OF
STATE
AGENCIES.—A 
State agency that has jurisdiction over the operation 
of a HOV facility shall establish the occupancy re-
quirements of vehicles operating on the facility. 
‘‘(2) OCCUPANCY
REQUIREMENT.—Except as 
otherwise provided by this section, no fewer than 2 
occupants per vehicle may be required for use of a 
HOV facility. 
‘‘(b) EXCEPTIONS.—Notwithstanding the occupancy 
requirements of subsection (a)(2), the following exceptions 
shall apply with respect to a State agency operating a 
HOV facility: 
‘‘(1) MOTORCYCLES AND BICYCLES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the State agency shall allow motor-
cycles and bicycles to use the HOV facility.
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‘‘(B) SAFETY EXCEPTION.—A State agen-
cy may restrict use of the HOV facility by mo-
torcycles or bicycles (or both) if the agency cer-
tifies to the Secretary that such use would cre-
ate a safety hazard and the Secretary accepts 
the certification. The Secretary may accept a 
certification under this subparagraph only after 
the Secretary publishes notice of the certifi-
cation in the Federal Register and provides an 
opportunity for public comment. 
‘‘(2) PUBLIC
TRANSPORTATION
VEHICLES.—
The State agency may allow public transportation 
vehicles to use the HOV facility if the agency—
‘‘(A) establishes requirements for clearly 
identifying the vehicles; and 
‘‘(B) establishes procedures for enforcing 
the restrictions on the use of the facility by 
such vehicles. 
‘‘(3) HIGH OCCUPANCY TOLL VEHICLES.—The 
State agency may allow vehicles not otherwise ex-
empt pursuant to this subsection to use the HOV fa-
cility if the operators of such vehicles pay a toll 
charged by the agency for use of the facility and the 
agency—
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‘‘(A) establishes a program that addresses 
how motorists can enroll and participate in the 
toll program; 
‘‘(B) develops, manages, and maintains a 
system that will automatically collect the toll; 
and 
‘‘(C) establishes policies and procedures 
to—
‘‘(i) manage the demand to use the fa-
cility by varying the toll amount that is 
charged; and 
‘‘(ii) enforce violations of use of the 
facility. 
‘‘(4) LOW
EMISSION
AND
ENERGY-EFFICIENT 
VEHICLES.—
‘‘(A) INHERENTLY
LOW-EMISSION
VEHI-
CLE.—Before September 30, 2009, the State 
agency may allow vehicles that are certified as 
inherently low-emission vehicles pursuant to 
section 88.311–93 of title 40, Code of Federal 
Regulations, and are labeled in accordance with 
section 88.312–93 of such title, to use the HOV 
facility if the agency establishes procedures for 
enforcing the restrictions on the use of the fa-
cility by such vehicles.
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‘‘(B) OTHER LOW EMISSION AND ENERGY-
EFFICIENT VEHICLES.—Before September 30, 
2009, the State agency may allow vehicles cer-
tified as low emission and energy-efficient vehi-
cles under subsection (e), and labeled in accord-
ance with subsection (e), to use the HOV facil-
ity if the operators of such vehicles pay a toll 
charged by the agency for use of the facility 
and the agency—
‘‘(i) establishes a program that ad-
dresses the selection of vehicles under this 
paragraph; and 
‘‘(ii) establishes procedures for enforc-
ing the restrictions on the use of the facil-
ity by such vehicles. 
‘‘(C) AMOUNT OF TOLLS.—Under subpara-
graph (B), a State agency may charge no toll 
or a toll that is less than tolls charged under 
paragraph (3). 
‘‘(c) REQUIREMENTS APPLICABLE TO TOLLS.—
‘‘(1) IN
GENERAL.—Tolls may be charged 
under subsections (b)(3) and (b)(4) notwithstanding 
section 301 and, except as provided in paragraphs 
(2) and (3), subject to the requirements of section 
129.
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‘‘(2) HOV FACILITIES
ON
THE
INTERSTATE 
SYSTEM.—Notwithstanding section 129, tolls may be 
charged under subsections (b)(3) and (b)(4) on a 
HOV facility on the Interstate System. 
‘‘(3) EXCESS
TOLL
REVENUES.—If a State 
agency makes a certification under the last sentence 
of section 129(a)(3) with respect to toll revenues col-
lected under subsections (b)(3) and (b)(4), the 
State, in the use of tolls revenues under that sen-
tence, shall give priority consideration to projects for 
developing alternatives to single occupancy vehicle 
travel and projects for improving highway safety. 
‘‘(d) HOV FACILITY MANAGEMENT, OPERATION, 
MONITORING, AND ENFORCEMENT.—
‘‘(1) IN GENERAL.—A State agency that allows 
vehicles to use a HOV facility under subsection 
(b)(3) or (b)(4) in a fiscal year shall certify to the 
Secretary that the agency will carry out the fol-
lowing responsibilities with respect to the facility in 
the fiscal year: 
‘‘(A) Establishing, managing, and sup-
porting a performance monitoring, evaluation, 
and reporting program for the facility that pro-
vides for continuous monitoring, assessment, 
and reporting on the impacts that such vehicles
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may have on the operation of the facility and 
adjacent highways. 
‘‘(B) Establishing, managing, and sup-
porting an enforcement program that ensures 
that the facility is being operated in accordance 
with the requirements of this section. 
‘‘(C) Limiting or discontinuing the use of 
the facility by such vehicles if the presence of 
such vehicles has degraded the operation of the 
facility. 
‘‘(2) DEGRADED FACILITY.—
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the operation of a HOV facility shall 
be considered to be degraded if vehicles oper-
ating on the facility are failing to maintain a 
minimum average operating speed 90 percent of 
the time over a consecutive 6-month period dur-
ing morning or evening weekday peak hour pe-
riods (or both). 
‘‘(B) 
MINIMUM
AVERAGE
OPERATING 
SPEED
DEFINED.—In subparagraph (A), the 
term 
‘minimum 
average 
operating 
speed’ 
means—
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‘‘(i) 45 miles per hour, in the case of 
a HOV facility with a speed limit of 50 
miles per hour or greater; and 
‘‘(ii) not more than 10 miles per hour 
below the speed limit, in the case of a 
HOV facility with a speed limit of less 
than 50 miles per hour. 
‘‘(e) CERTIFICATION OF LOW EMISSION AND EN-
ERGY-EFFICIENT VEHICLES.—Not later than 6 months 
after the date of enactment of this section, the Adminis-
trator of the Environmental Protection Agency shall issue 
a final rule establishing requirements for certification of 
vehicles as low emission and energy-efficient vehicles for 
purposes of this section and requirements for the labeling 
of such vehicles. 
‘‘(f) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ALTERNATIVE FUEL VEHICLE.—The term 
‘alternative fuel vehicle’ means a vehicle that oper-
ates on—
‘‘(A) methanol, denatured ethanol, or other 
alcohols; 
‘‘(B) a mixture containing at least 85 per-
cent of methanol, denatured ethanol, and other 
alcohols by volume with gasoline or other fuels;
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‘‘(C) natural gas; 
‘‘(D) liquefied petroleum gas; 
‘‘(E) hydrogen; 
‘‘(F) coal derived liquid fuels; 
‘‘(G) fuels (except alcohol) derived from bi-
ological materials; 
‘‘(H) electricity (including electricity from 
solar energy); or 
‘‘(I) any other fuel that the Secretary pre-
scribes by regulation that is not substantially 
petroleum and that would yield substantial en-
ergy security and environmental benefits. 
‘‘(2) HOV FACILITY.—The term ‘HOV facility’ 
means a high occupancy vehicle facility. 
‘‘(3) LOW EMISSION AND ENERGY EFFICIENT 
VEHICLE.—The term ‘low emission and energy-effi-
cient vehicle’ means a vehicle that—
‘‘(A) has been certified by the Adminis-
trator of the Environmental Protection Agency 
as meeting the Tier II emission level established 
in regulations prescribed by the Administrator 
under section 202(i) of the Clean Air Act (42 
U.S.C. 7521(i)) for that make and model year 
vehicle; and
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‘‘(B)(i) has been certified by the Adminis-
trator to have a 45-mile-per-gallon or greater 
fuel economy highway rating; or 
‘‘(ii) is an alternative fuel vehicle. 
‘‘(4) PUBLIC TRANSPORTATION VEHICLE.—The 
term ‘public transportation vehicle’ means a vehicle 
that provides public transportation (as defined in 
section 5302(a) of title 49). 
‘‘(5) STATE AGENCY.—The term ‘State agency’, 
as used with respect to a HOV facility, means an 
agency of a State or local government having juris-
diction over the operation of the facility and includes 
a State transportation department.’’. 
(b) CONFORMING AMENDMENTS.—
(1) PROGRAM EFFICIENCIES.—Section 102 of 
title 23, United States Code, is amended by striking 
subsection (a) and redesignating subsections (b) and 
(c) as subsections (a) and (b), respectively. 
(2) CHAPTER ANALYSIS.—The analysis for sub-
chapter I of chapter 1 of such title is amended by 
adding at the end the following:
‘‘168. HOV facilities.’’.
(c) TECHNICAL AMENDMENT.—Section 102(b) of 
title 23, United States Code, as redesignated by subsection 
(b)(1) of this section, is amended by striking ‘‘10 years’’ 
and all that follows through ‘‘after’’ and inserting ‘‘10
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years (or such longer period as the State requests and the 
Secretary determines to be reasonable) after’’. 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary and the States should provide ad-
ditional incentives (including the use of high occupancy 
vehicle lanes on State and Interstate highways) for the 
purchase and use of hybrid and other fuel efficient vehi-
cles, which have been proven to minimize air emissions 
and decrease consumption of fossil fuels. 
SEC. 1209. CONGESTION PRICING PILOT PROGRAM. 
(a) ESTABLISHMENT.—Section 1012(b)(1) of the 
Intermodal Surface Transportation Efficiency Act of 1991 
(23 U.S.C. 149 note; 105 Stat. 1938) is amended to read 
as follows: 
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—The Secretary may 
enter into cooperative agreements with State 
and local governments to carry out not more 
than 25 congestion pricing pilot projects. 
‘‘(B) PREVIOUSLY APPROVED PROJECTS.—
Projects carried out under paragraph (1) shall 
include each project approved under this sub-
section before the date of enactment of the 
Transportation Equity Act: A Legacy for Users