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mation concerning innovative technologies and non-
structural best management practices to mitigate
highway stormwater discharges.’’.
(c) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as
amended by section 1601(b), is amended by inserting after
the item relating to section 166 the following:
‘‘167. Highway stormwater discharge mitigation program.’’.
SEC. 1621. FEDERAL PROCUREMENT OF RECYCLED COOL-
ANT.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the President shall conduct
a review of Federal procurement policy of off-site recycled
coolant.
(b) ELEMENTS.—In conducting the review under sub-
section (a), the President shall consider recycled coolant
produced from processes that—
(1) are energy efficient;
(2) generate no hazardous waste (as defined in
section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903));
(3) produce no emissions of air pollutants;
(4) present lower health and safety risks to em-
ployees at a plant or facility; and
(5) recover at least 97 percent of the glycols from
used antifreeze feedstock.
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SEC. 1622. CLEAN SCHOOL BUS PROGRAM.
(a) DEFINITIONS.—In this section:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) ALTERNATIVE FUEL.—The term ‘‘alternative
fuel’’ means—
(A) liquefied natural gas, compressed nat-
ural gas, liquefied petroleum gas, hydrogen, or
propane;
(B) methanol or ethanol at no less than 85
percent by volume; or
(C) biodiesel conforming with standards
published by the American Society for Testing
and Materials as of the date of enactment of this
Act.
(3) CLEAN
SCHOOL
BUS.—The term ‘‘clean
school bus’’ means a school bus with a gross vehicle
weight of greater than 14,000 pounds that—
(A) is powered by a heavy duty engine; and
(B) is operated solely on an alternative fuel
or ultra-low sulfur diesel fuel.
(4) ELIGIBLE RECIPIENT.—
(A) IN GENERAL.—Subject to subparagraph
(B), the term ‘‘eligible recipient’’ means—
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(i) 1 or more local or State govern-
mental entities responsible for—
(I) providing school bus service to
1 or more public school systems; or
(II) the purchase of school buses;
(ii) 1 or more contracting entities that
provide school bus service to 1 or more pub-
lic school systems; or
(iii) a nonprofit school transportation
association.
(B) SPECIAL REQUIREMENTS.—In the case
of eligible recipients identified under clauses (ii)
and (iii), the Administrator shall establish time-
ly and appropriate requirements for notice and
may establish timely and appropriate require-
ments for approval by the public school systems
that would be served by buses purchased or ret-
rofit using grant funds made available under
this section.
(5) RETROFIT TECHNOLOGY.—The term ‘‘retrofit
technology’’ means a particulate filter or other emis-
sions control equipment that is verified or certified by
the Administrator or the California Air Resources
Board as an effective emission reduction technology
when installed on an existing school bus.
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(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
(7) ULTRA-LOW
SULFUR
DIESEL
FUEL.—The
term ‘‘ultra-low sulfur diesel fuel’’ means diesel fuel
that contains sulfur at not more than 15 parts per
million.
(b) PROGRAM FOR RETROFIT OR REPLACEMENT OF
CERTAIN EXISTING SCHOOL BUSES WITH CLEAN SCHOOL
BUSES.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Administrator, in
consultation with the Secretary and other appro-
priate Federal departments and agencies, shall
establish a program for awarding grants on a
competitive basis to eligible recipients for the re-
placement, 
retrofit 
(including 
repowering,
aftertreatment, and remanufactured engines) of,
or purchase of alternative fuels for, certain exist-
ing school buses.
(B) 
BALANCING.—In 
awarding 
grants
under this section, the Administrator shall, to
the maximum extent practicable, achieve an ap-
propriate balance between awarding grants—
(i) to replace school buses;
(ii) to install retrofit technologies; and
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(iii) to purchase and use alternative
fuel.
(2) PRIORITY OF GRANT APPLICATIONS.—
(A) REPLACEMENT.—In the case of grant
applications to replace school buses, the Admin-
istrator shall give priority to applicants that
propose to replace school buses manufactured be-
fore model year 1977.
(B) RETROFITTING.—In the case of grant
applications to retrofit school buses, the Admin-
istrator shall give priority to applicants that
propose to retrofit school buses manufactured in
or after model year 1991.
(3) USE OF SCHOOL BUS FLEET.—
(A) IN GENERAL.—All school buses acquired
or retrofitted with funds provided under this sec-
tion shall be operated as part of the school bus
fleet for which the grant was made for not less
than 5 years.
(B) MAINTENANCE, OPERATION, AND FUEL-
ING.—New school buses and retrofit technology
shall be maintained, operated, and fueled accord-
ing to manufacturer recommendations or State
requirements.
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(4) RETROFIT GRANTS.—The Administrator may
award grants for up to 100 percent of the retrofit
technologies and installation costs.
(5) REPLACEMENT GRANTS.—
(A) 
ELIGIBILITY
FOR
PERCENT
GRANTS.—The Administrator may award grants
for replacement of school buses in the amount of
up to 1⁄2 of the acquisition costs (including fuel-
ing infrastructure) for —
(i) clean school buses with engines
manufactured in model year 2005 or 2006
that emit not more than—
(I) 1.8 grams per brake horse-
power-hour of non-methane hydro-
carbons and oxides of nitrogen; and
(II) .01 grams per brake horse-
power-hour of particulate matter; or
(ii) clean school buses with engines
manufactured in model year 2007, 2008, or
2009 that satisfy regulatory requirements
established by the Administrator for emis-
sions of oxides of nitrogen and particulate
matter to be applicable for school buses
manufactured in model year 2010.
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(B) 
ELIGIBILITY
FOR
PERCENT
GRANTS.—The Administrator may award grants
for replacement of school buses in the amount of
up to 1⁄4 of the acquisition costs (including fuel-
ing infrastructure) for —
(i) clean school buses with engines
manufactured in model year 2005 or 2006
that emit not more than—
(I) 2.5 grams per brake horse-
power-hour of non-methane hydro-
carbons and oxides of nitrogen; and
(II) .01 grams per brake horse-
power-hour of particulate matter; or
(ii) clean school buses with engines
manufactured in model year 2007 or there-
after that satisfy regulatory requirements
established by the Administrator for emis-
sions of oxides of nitrogen and particulate
matter from school buses manufactured in
that model year.
(6) ULTRA-LOW SULFUR DIESEL FUEL.—
(A) IN GENERAL.—In the case of a grant re-
cipient receiving a grant for the acquisition of
ultra-low sulfur diesel fuel school buses with en-
gines manufactured in model year 2005 or 2006,
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the grant recipient shall provide, to the satisfac-
tion of the Administrator—
(i) documentation that diesel fuel con-
taining sulfur at not more than 15 parts
per million is available for carrying out the
purposes of the grant; and
(ii) a commitment by the applicant to
use that fuel in carrying out the purposes of
the grant.
(7) DEPLOYMENT AND DISTRIBUTION.—The Ad-
ministrator 
shall, 
to 
the 
maximum 
extent
practicable—
(A) achieve nationwide deployment of clean
school buses through the program under this sec-
tion; and
(B) ensure a broad geographic distribution
of grant awards, with no State receiving more
than 10 percent of the grant funding made avail-
able under this section during a fiscal year.
(8) ANNUAL REPORT.—
(A) IN GENERAL.—Not later than January
31 of each year, the Administrator shall submit
to Congress a report that—
(i) evaluates the implementation of this
section; and
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(ii) describes—
(I) the total number of grant ap-
plications received;
(II) the number and types of al-
ternative fuel school buses, ultra-low
sulfur diesel fuel school buses, and ret-
rofitted buses requested in grant appli-
cations;
(III) grants awarded and the cri-
teria used to select the grant recipients;
(IV) certified engine emission lev-
els of all buses purchased or retrofitted
under this section;
(V) an evaluation of the in-use
emission level of buses purchased or
retrofitted under this section; and
(VI) any other information the
Administrator considers appropriate.
(c) EDUCATION.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Administrator
shall develop an education outreach program to pro-
mote and explain the grant program.
(2) COORDINATION WITH STAKEHOLDERS.—The
outreach program shall be designed and conducted in
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conjunction with national school bus transportation
associations and other stakeholders.
(3) 
COMPONENTS.—The 
outreach 
program
shall—
(A) inform potential grant recipients on the
process of applying for grants;
(B) describe the available technologies and
the benefits of the technologies;
(C) explain the benefits of participating in
the grant program; and
(D) include, as appropriate, information
from the annual report required under subsection
(b)(8).
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Administrator to carry
out this section, to remain available until expended—
(1) $55,000,000 for each of fiscal years 2006 and
2007; and
(2) such sums as are necessary for each of fiscal
years 2008, 2009, and 2010.
SEC. 1623. CONSERVE BY BICYCLING PROGRAM.
(a) DEFINITIONS.—In this section:
(1) PROGRAM.—The term ‘‘program’’ means the
Conserve by Bicycling Program established by sub-
section (b).
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(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(b) ESTABLISHMENT.—There is established within the
Department of Transportation a program to be known as
the ‘‘Conserve by Bicycling Program’’.
(c) PROJECTS.—
(1) IN GENERAL.—In carrying out the program,
the Secretary shall establish not more than 10 pilot
projects that are—
(A) dispersed geographically throughout the
United States; and
(B) designed to conserve energy resources by
encouraging the use of bicycles in place of motor
vehicles.
(2) REQUIREMENTS.—A pilot project described
in paragraph (1) shall—
(A) use education and marketing to convert
motor vehicle trips to bicycle trips;
(B) document project results and energy
savings (in estimated units of energy conserved);
(C) facilitate partnerships among interested
parties in at least 2 of the fields of—
(i) transportation;
(ii) law enforcement;
(iii) education;
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(iv) public health;
(v) environment; and
(vi) energy;
(D) maximize bicycle facility investments;
(E) demonstrate methods that may be used
in other regions of the United States; and
(F) facilitate the continuation of ongoing
programs that are sustained by local resources.
(3) COST SHARING.—At least 20 percent of the
cost of each pilot project described in paragraph (1)
shall be provided from State or local sources.
(d) ENERGY AND BICYCLING RESEARCH STUDY.—
(1) IN GENERAL.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall
enter into a contract with the National Academy of
Sciences for, and the National Academy of Sciences
shall conduct and submit to Congress a report on, a
study on the feasibility of converting motor vehicle
trips to bicycle trips.
(2) COMPONENTS.—The study shall—
(A) document the results or progress of the
pilot projects under subsection (b);
(B) determine the type and duration of
motor vehicle trips that people in the United
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States may feasibly make by bicycle, taking into
consideration factors such as—
(i) weather;
(ii) land use and traffic patterns;
(iii) the carrying capacity of bicycles;
and
(iv) bicycle infrastructure;
(C) determine any energy savings that
would result from the conversion of motor vehicle
trips to bicycle trips;
(D) include a cost-benefit analysis of bicycle
infrastructure investments; and
(E) include a description of any factors
that would encourage more motor vehicle trips to
be replaced with bicycle trips.
Subtitle G—Operations
SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND
OPERATIONS.
(a) SURFACE
TRANSPORTATION
PROGRAM
ELIGI-
BILITY.—Section 133(b) of title 23, United States Code (as
amended by section 1601(a)(2)), is amended by adding at
the end the following:
‘‘(16) Regional transportation operations col-
laboration and coordination activities that are associ-
ated with regional improvements, such as traffic inci-
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dent management, technology deployment, emergency
management and response, traveler information, and
regional congestion relief.
‘‘(17) RUSH HOUR CONGESTION RELIEF.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a State may spend the funds appor-
tioned under this section to reduce traffic delays
caused by motor vehicle accidents and break-
downs on highways during peak driving times.
‘‘(B) USE OF FUNDS.—A State, metropoli-
tan planning organization, or local government
may use the funds under subparagraph (A)—
‘‘(i) to develop a region-wide coordi-
nated plan to mitigate traffic delays caused
by motor vehicle accidents and breakdowns;
‘‘(ii) to purchase or lease telecommuni-
cations equipment for first responders;
‘‘(iii) to purchase or lease towing and
recovery services;
‘‘(iv) to pay contractors for towing and
recovery;
‘‘(v) to rent vehicle storage areas adja-
cent to roadways;
‘‘(vi) to fund service patrols, equip-
ment, and operations;
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‘‘(vii) to purchase incident detection
equipment;
‘‘(viii) to carry out training.’’.
(b) CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM ELIGIBILITY.—Section 149(b)(5) of
title 23, United States Code, is amended by inserting ‘‘im-
prove transportation systems management and operations,’’
after ‘‘intersections,’’.
(c) TRANSPORTATION SYSTEMS MANAGEMENT AND OP-
ERATIONS.—
(1) IN GENERAL.—Subchapter I of chapter 1 of
title 23, United States Code (as amended by section
1620(b)), is amended by adding at the end the fol-
lowing:
‘‘§ 168. Transportation systems management and oper-
ations
‘‘(a) IN GENERAL.—The Secretary shall carry out a
transportation systems management and operations pro-
gram to—
‘‘(1) ensure efficient and effective management
and operation of transportation systems through col-
laboration, coordination, and real-time information
sharing at a regional and Statewide level among—
‘‘(A) managers and operators of major
modes of transportation;
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‘‘(B) public safety officials; and
‘‘(C) the general public; and
‘‘(2) manage and operate transportation systems
in a coordinated manner to preserve the capacity and
maximize the performance of transportation facilities
for travelers and carriers.
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—In carrying out the program
under subsection (a), the Secretary may carry out ac-
tivities to—
‘‘(A) encourage managers and operators of
major modes of transportation, public safety offi-
cials, and transportation planners in urbanized
areas that are responsible for conducting the
day-to-day management, operations, public safe-
ty, and planning of transportation facilities and
services to collaborate on and coordinate, on a
regional level and in a continuous and sustained
manner, improved transportation systems man-
agement and operations; and
‘‘(B) encourage States to—
‘‘(i) establish a system of basic real-
time monitoring for the surface transpor-
tation system; and
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‘‘(ii) provide the means to share the
data gathered under clause (i) among—
‘‘(I) highway, transit, and public
safety agencies;
‘‘(II) 
jurisdictions 
(including
States, cities, counties, and metropoli-
tan planning organizations);
‘‘(III) private-sector entities; and
‘‘(IV) the general public.
‘‘(2) ACTIVITIES.—Activities to be carried out
under paragraph (1) include—
‘‘(A) developing a regional concept of oper-
ations that defines a regional strategy shared by
all transportation and public safety participants
with respect to the manner in which the trans-
portation systems of the region should be man-
aged, operated, and measured;
‘‘(B) the sharing of information among op-
erators, service providers, public safety officials,
and the general public; and
‘‘(C) guiding, in a regionally-coordinated
manner and in a manner consistent with and
integrated into the metropolitan and statewide
transportation planning processes and regional
intelligent transportation system architecture,
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the implementation of regional transportation
system management and operations initiatives,
including—
‘‘(i) emergency evacuation and re-
sponse;
‘‘(ii) traffic incident management;
‘‘(iii) technology deployment; and
‘‘(iv) traveler information systems de-
livery.
‘‘(c) COOPERATION.—In carrying out the program
under subsection (a), the Secretary may assist and cooper-
ate with other Federal agencies, State and local govern-
ments, metropolitan planning organizations, private indus-
try, and other interested parties to improve regional col-
laboration and real-time information sharing between man-
agers and operators of major modes of transportation, pub-
lic safety officials, emergency managers, and the general
public to increase the security, safety, and reliability of
Federal-aid highways.
‘‘(d) GUIDANCE; REGULATIONS.—
‘‘(1) IN GENERAL.—In carrying out the program
under subsection (a), the Secretary may issue guid-
ance or promulgate regulations for the procurement of
transportation system management and operations
facilities, equipment, and services, including—
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‘‘(A) equipment procured in preparation for
natural disasters, disasters caused by human ac-
tivity, and emergencies;
‘‘(B) system hardware;
‘‘(C) software; and
‘‘(D) software integration services.
‘‘(2) CONSIDERATIONS.—In developing the guid-
ance or regulations under paragraph (1), the Sec-
retary may consider innovative procurement methods
that support the timely and streamlined execution of
transportation system management and operations
programs and projects.
‘‘(3) FINANCIAL
ASSISTANCE.—The Secretary
may authorize the use of funds made available under
section 104(b)(3) to provide assistance for regional
operations collaboration and coordination activities
that are associated with regional improvements, such
as—
‘‘(A) traffic incident management;
‘‘(B) technology deployment;
‘‘(C) emergency management and response;
‘‘(D) traveler information; and
‘‘(E) congestion relief.’’.
(2) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 1 of title 23, United States
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Code (as amended by section 1620(c)), is amended by
adding at the end:
‘‘168. Transportation systems management and operations.’’.
SEC. 1702. REAL-TIME SYSTEM MANAGEMENT INFORMA-
TION PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code (as amended by section 1701(c)(1)),
is amended by adding at the end the following:
‘‘§ 169. Real-time system management information
program
‘‘(a) IN GENERAL.—The Secretary shall carry out a
real-time system management information program to—
‘‘(1) provide a nationwide system of basic real-
time information for managing and operating the
surface transportation system;
‘‘(2)(A) identify long-range real-time highway
and transit monitoring needs; and
‘‘(B) develop plans and strategies for meeting
those needs;
‘‘(3) provide the capability and means to share
the basic real-time information with State and local
governments and the traveling public; and
‘‘(4) provide the nationwide capability to mon-
itor, in real-time, the traffic and travel conditions of
major highways in the United States, and to share
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that information with State and local governments
and the traveling public, to—
‘‘(A) improve the security of the surface
transportation system;
‘‘(B) address congestion problems;
‘‘(C) support improved response to weather
events; and
‘‘(D) facilitate the distribution of national
and regional traveler information.
‘‘(b) DATA EXCHANGE FORMATS.—Not later than 1
year after the date of enactment of this section, the Sec-
retary shall establish data exchange formats to ensure that
the data provided by highway and transit monitoring sys-
tems (including statewide incident reporting systems) can
readily be exchanged between jurisdictions to facilitate the
nationwide availability of information on traffic and travel
conditions.
‘‘(c) STATEWIDE INCIDENT REPORTING SYSTEM.—Not
later than 2 years after the date of enactment of this section,
or not later than 5 years after the date of enactment of this
section if the Secretary determines that adequate real-time
communications capability will not be available within 2
years after the date of enactment of this section, each State
shall establish a statewide incident reporting system to fa-
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cilitate the real-time electronic reporting of highway and
transit incidents to a central location for use in—
‘‘(1) monitoring an incident;
‘‘(2) providing accurate traveler information on
the incident; and
‘‘(3) responding to the incident as appropriate.
‘‘(d) REGIONAL ITS ARCHITECTURE.—
‘‘(1) IN GENERAL.—In developing or updating
regional intelligent transportation system architec-
tures under section 940.9 of title 23, Code of Federal
Regulations (or any successor regulation), States and
local governments shall address—
‘‘(A) the real-time highway and transit in-
formation needs of the State or local government,
including coverage, monitoring systems, data fu-
sion and archiving, and methods of exchanging
or sharing information; and
‘‘(B) the systems needed to meet those needs.
‘‘(2) DATA EXCHANGE FORMATS.—In developing
or updating regional intelligent transportation system
architectures, States and local governments are en-
couraged to incorporate the data exchange formats de-
veloped by the Secretary under subsection (b) to en-
sure that the data provided by highway and transit
monitoring systems can readily be—
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‘‘(A) exchanged between jurisdictions; and
‘‘(B) shared with the traveling public.
‘‘(e) ELIGIBLE FUNDING.—Subject to project approval
by the Secretary, a State may—
‘‘(1) use funds available to the State under sec-
tion 505(a) to carry out activities relating to the
planning of real-time monitoring elements; and
‘‘(2) use funds apportioned to the State under
paragraphs (1) and (3) of section 104(b) to carry out
activities relating to the planning and deployment of
real-time monitoring elements.’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as
amended by section 1701(c)(2)), is amended adding at the
end the following:
‘‘169. Real-time system management information program.’’.
SEC. 1703. CONTRACTING FOR ENGINEERING AND DESIGN
SERVICES.
Section 112(b)(2) of title 23, United States Code, is
amended—
(1) in subparagraph (A), by striking ‘‘title 40’’
and all that follows through the period and inserting
‘‘title 40.’’;
(2) by striking subparagraph (B);
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(3) by redesignating subparagraphs (C) through
(F) as subparagraphs (B) through (E), respectively;
and
(4) by striking subparagraph (G).
SEC. 1704. DESIGNATION OF TRANSPORTATION MANAGE-
MENT AREAS.
(a) FUNDING.—Section 134(d)(3)(C)(ii) of title 23,
United States Code, is amended by striking subclause (II)
and inserting the following:
‘‘(II) FUNDING.—In addition to
funds made available to the metropoli-
tan planning organization for the Lake
Tahoe Region under this title and
chapter 53 of title 49, 1 percent of all
funds distributed under section 202
shall be used to carry out the transpor-
tation planning process for the Lake
Tahoe region under this subpara-
graph.’’.
(b) SPECIAL DESIGNATION.—For the purpose of any
applicable program under title 23, United States Code, the
city of Norman, Oklahoma, shall be considered to be part
of the Oklahoma City urbanized area.
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Subtitle H—Federal-Aid
Stewardship
SEC. 1801. FUTURE INTERSTATE SYSTEM ROUTES.
Section 103(c)(4)(B) of title 23, United States Code,
is amended—
(1) in clause (ii), by striking ‘‘12’’ and inserting
‘‘20’’; and
(2) in clause (iii)—
(A) in subclause (I), by striking ‘‘in the
agreement between the Secretary and the State
or States’’; and
(B) by adding at the end the following:
‘‘(III) EXISTING AGREEMENTS.—
An agreement described in clause (ii)
that is entered into before the date of
enactment of this subparagraph shall
be deemed to include the 20-year time
limitation described in that clause, re-
gardless of any earlier construction
completion date in the agreement.’’.
SEC. 1802. STEWARDSHIP AND OVERSIGHT.
(a) IN GENERAL.—Section 106 of title 23, United
States Code, is amended—
(1) by striking subsection (e) and inserting the
following:
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‘‘(e) VALUE ENGINEERING ANALYSIS.—
‘‘(1) DEFINITION OF VALUE ENGINEERING ANAL-
YSIS.—
‘‘(A) IN GENERAL.—In this subsection, the
term ‘value engineering analysis’ means a sys-
tematic process of review and analysis of a
project, during the concept and design phases, by
a multidisciplined team of persons not involved
in the project, that is conducted to provide rec-
ommendations such as those described in sub-
paragraph (B) for—
‘‘(i) providing the needed functions
safely, reliably, and at the lowest overall
cost;
‘‘(ii) improving the value and quality
of the project; and
‘‘(iii) reducing the time to complete the
project.
‘‘(B) INCLUSIONS.—The recommendations
referred to in subparagraph (A) include, with re-
spect to a project—
‘‘(i) combining or eliminating other-
wise inefficient use of costly parts of the
original proposed design for the project; and
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‘‘(ii) completely redesigning the project
using different technologies, materials, or
methods so as to accomplish the original
purpose of the project.
‘‘(2) ANALYSIS.—The State shall provide a value
engineering analysis or other cost-reduction analysis
for—
‘‘(A) each project on the Federal-Aid System
with an estimated total cost of $25,000,000 or
more;
‘‘(B) a bridge project with an estimated
total cost of $20,000,000 or more; and
‘‘(C) any other project the Secretary deter-
mines to be appropriate.
‘‘(3) MAJOR PROJECTS.—The Secretary may re-
quire more than 1 analysis described in paragraph
(2) for a major project described in subsection (h).
‘‘(4) REQUIREMENTS.—Analyses described in
paragraph (1) for a bridge project shall—
‘‘(A) include bridge substructure require-
ments based on construction material; and
‘‘(B) be evaluated—
‘‘(i) on engineering and economic
bases, taking into consideration acceptable
designs for bridges; and
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‘‘(ii) using an analysis of life-cycle
costs and duration of project construction.’’;
and
(2) by striking subsections (g) and (h) and in-
serting the following:
‘‘(g) OVERSIGHT PROGRAM.—
‘‘(1) PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish an oversight program to monitor the ef-
fective and efficient use of funds made available
under this title.
‘‘(B) MINIMUM REQUIREMENTS.—At a min-
imum, the program shall monitor and respond to
all areas relating to financial integrity and
project delivery.
‘‘(2) FINANCIAL INTEGRITY.—
‘‘(A) FINANCIAL MANAGEMENT SYSTEMS.—
‘‘(i) IN GENERAL.—The Secretary shall
perform annual reviews of the financial
management systems of State transpor-
tation departments that affect projects ap-
proved under subsection (a).
‘‘(ii) REVIEW AREAS.—In carrying out
clause (i), the Secretary shall use risk as-
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sessment procedures to identify areas to be
reviewed.
‘‘(B) 
PROJECT
COSTS.—The 
Secretary
shall—
‘‘(i) develop minimum standards for
estimating project costs; and
‘‘(ii) periodically evaluate practices of
the States for—
‘‘(I) estimating project costs;
‘‘(II) awarding contracts; and
‘‘(III) reducing project costs.
‘‘(C) RESPONSIBILITY OF THE STATES.—
‘‘(i) IN GENERAL.—Each State shall be
responsible for ensuring that subrecipients
of Federal funds within the State under this
section have—
‘‘(I) sufficient accounting controls
to properly manage the Federal funds;
and
‘‘(II) adequate project delivery
systems for projects approved under
this section.
‘‘(ii) REVIEW
BY
SECRETARY.—The
Secretary shall periodically review moni-
toring by the States of those subrecipients.
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‘‘(3) PROJECT DELIVERY.—The Secretary shall—
‘‘(A) perform annual reviews of the project
delivery system of each State, including analysis
of 1 or more activities that are involved in the
life cycle of a project; and
‘‘(B) employ risk assessment procedures to
identify areas to be reviewed.
‘‘(4) SPECIFIC OVERSIGHT RESPONSIBILITIES.—
Nothing in this section discharges or otherwise affects
any oversight responsibility of the Secretary—
‘‘(A) specifically provided for under this
title or other Federal law; or
‘‘(B) for the design and construction of all
Appalachian development highways under sec-
tion 14501 of title 40 or section 170 of this title.
‘‘(h) MAJOR PROJECTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this section, a recipient of Federal finan-
cial assistance for a project under this title with an
estimated total cost of $1,000,000,000 or more, and
recipients for such other projects as may be identified
by the Secretary, shall submit to the Secretary for
each project—
‘‘(A) a project management plan; and
‘‘(B) an annual financial plan.
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‘‘(2) PROJECT
MANAGEMENT
PLAN.—A project
management plan shall document—
‘‘(A) the procedures and processes that are
in effect to provide timely information to the
project decisionmakers to effectively manage the
scope, costs, schedules, and quality of, and the
Federal requirements applicable to, the project;
and
‘‘(B) the role of the agency leadership and
management team in the delivery of the project.
‘‘(3) FINANCIAL PLAN.—A financial plan shall—
‘‘(A) be based on detailed estimates of the
cost to complete the project; and
‘‘(B) provide for the annual submission of
updates to the Secretary that are based on rea-
sonable assumptions, as determined by the Sec-
retary, of future increases in the cost to complete
the project.
‘‘(i) OTHER PROJECTS.—A recipient of Federal finan-
cial assistance for a project under this title that receives
$100,000,000 or more in Federal assistance for the project,
and that is not covered by subsection (h), shall prepare, and
make available to the Secretary at the request of the Sec-
retary, an annual financial plan for the project.’’.
(b) CONFORMING AMENDMENTS.—
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(1) Section 114(a) of title 23, United States
Code, is amended—
(A) in the first sentence by striking ‘‘high-
ways or portions of highways located on a Fed-
eral-aid system’’ and inserting ‘‘Federal-aid
highway or a portion of a Federal-aid highway’’;
and
(B) by striking the second sentence and in-
serting ‘‘The Secretary shall have the right to
conduct such inspections and take such corrective
action as the Secretary determines to be appro-
priate.’’.
(2) Section 117 of title 23, United States Code,
is amended—
(A) by striking subsection (d); and
(B) by redesignating subsections (e) through
(h) as subsections (d) through (g), respectively.
SEC. 1803. REVISION OF REGULATIONS.
Section 112(b)(3) of title 23, United States Code, is
amended—
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and
(2) by striking subparagraph (C) and inserting
the following:
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‘‘(C) QUALIFIED
PROJECTS.—A qualified
project referred to in subparagraph (A) is a
project under this chapter (including intermodal
projects) for which the Secretary has approved
the use of design-build contracting under criteria
specified in regulations promulgated by the Sec-
retary.
‘‘(D) REGULATORY
PROCESS.—Not later
than 90 days after the date of enactment of the
Safe, Affordable, Flexible, and Efficient Trans-
portation Equity Act of 2005, the Secretary shall
promulgate revised regulations under section
1307(c) of the Transportation Equity Act for
21st Century (23 U.S.C. 112 note; 112 Stat.
230) that—
‘‘(i) do not preclude State transpor-
tation departments or local transportation
agencies from—
‘‘(I) issuing requests for proposals;
‘‘(II) proceeding with awards of
design-build contracts; or
‘‘(III) issuing notices to proceed
with preliminary design work under
design-build contracts;
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prior to compliance with section 102 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332);
‘‘(ii) require that the State transpor-
tation department or local transportation
agency receive concurrence from the Sec-
retary before carrying out an activity under
clause (i); and
‘‘(iii) preclude the design-build con-
tractor from proceeding with final design or
construction of any permanent improve-
ment prior to completion of the process
under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C.
4332).’’.
SEC. 1804. PROGRAM EFFICIENCIES—FINANCE.
(a) ADVANCE CONSTRUCTION.—Section 115 of title 23,
United States Code, is amended—
(1) by redesignating subsection (c) as subsection
(d);
(2) 
by 
redesignating 
subsections 
(a)(2),
(a)(2)(A), and (a)(2)(B) as subsections (c), (c)(1),
and (c)(2), respectively, and indenting appropriately;
(3) by striking ‘‘(a) CONGESTION’’ and all that
follows through subsection (a)(1)(B);
(4) by striking subsection (b); and
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(5) by inserting after the section heading the fol-
lowing:
‘‘(a) IN GENERAL.—The Secretary may authorize a
State to proceed with a project authorized under this title—
‘‘(1) without the use of Federal funds; and
‘‘(2) in accordance with all procedures and re-
quirements applicable to the project other than those
procedures and requirements that limit the State to
implementation of a project—
‘‘(A) with the aid of Federal funds pre-
viously apportioned or allocated to the State; or
‘‘(B) with obligation authority previously
allocated to the State.
‘‘(b) OBLIGATION
OF FEDERAL SHARE.—The Sec-
retary, on the request of a State and execution of a project
agreement, may obligate all or a portion of the Federal
share of the project authorized under this section from any
category of funds for which the project is eligible.’’.
(b) OBLIGATION AND RELEASE OF FUNDS.—Section
118 of title 23, United States Code, is amended by striking
subsection (d) and inserting the following:
‘‘(d) OBLIGATION AND RELEASE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds apportioned or allo-
cated to a State for a particular purpose for any fis-
cal year shall be considered to be obligated if a sum
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equal to the total of the funds apportioned or allo-
cated to the State for that purpose for that fiscal year
and previous fiscal years is obligated.
‘‘(2) RELEASED FUNDS.—Any funds released by
the final payment for a project, or by modifying the
project agreement for a project, shall be—
‘‘(A) credited to the same class of funds pre-
viously apportioned or allocated to the State;
and
‘‘(B) immediately available for obligation.
‘‘(3) NET
OBLIGATIONS.—Notwithstanding any
other provision of law (including a regulation), obli-
gations recorded against funds made available under
this section shall be recorded and reported as net obli-
gations.’’.
SEC. 1805. SET-ASIDES FOR INTERSTATE DISCRETIONARY
PROJECTS.
Section 118(c)(1) of title 23, United States Code, is
amended—
(1) by striking ‘‘$50,000,000’’ and all that
follows 
through 
‘‘2003’’ 
and 
inserting
‘‘$93,862,893 for each of fiscal years 2005
through 2009’’; and
(2) by striking ‘‘Transportation Equity Act
for the 21st Century’’ and inserting ‘‘Safe, Ac-
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countable, Flexible, and Efficient Transportation
Equity Act of 2005’’.
SEC. 1806. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) FEDERAL SHARE PAYABLE.—
(1) IN
GENERAL.—Section 120(k) of title 23,
United States Code, is amended—
(A) by striking ‘‘Federal-aid highway’’; and
(B) by striking ‘‘section 104’’ and inserting
‘‘this title or chapter 53 of title 49’’.
(2) TECHNICAL REFERENCES.—Section 120(l) of
title 23, United States Code, is amended by striking
‘‘section 104’’ and inserting ‘‘this title or chapter 53
of title 49’’.
(b) PAYMENTS TO FEDERAL AGENCIES FOR FEDERAL-
AID PROJECTS.—Section 132 of title 23, United States
Code, is amended—
(1) by striking the first 2 sentences and inserting
the following:
‘‘(a) IN GENERAL.—In a case in which a proposed
Federal-aid project is to be undertaken by a Federal agency
in accordance with an agreement between a State and the
Federal agency, the State may—
‘‘(1) direct the Secretary to transfer the funds for
the Federal share of the project directly to the Federal
agency; or
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‘‘(2) make such deposit with, or payment to, the
Federal agency as is required to meet the obligation
of the State under the agreement for the work under-
taken or to be undertaken by the Federal agency.
‘‘(b) REIMBURSEMENT.—On execution of a project
agreement with a State described in subsection (a), the Sec-
retary may reimburse the State, using any available funds,
for the estimated Federal share under this title of the obliga-
tion of the State deposited or paid under subsection
(a)(2).’’; and
(2) in the last sentence, by striking ‘‘Any sums’’
and inserting the following:
‘‘(c) RECOVERY
AND CREDITING
OF FUNDS.—Any
sums’’.
(c) ALLOCATIONS.—Section 202 of title 23, United
States Code, is amended—
(1) in subsection (a), by striking ‘‘(a) On Octo-
ber 1’’ and all that follows through ‘‘Such allocation’’
and inserting the following:
‘‘(a) ALLOCATION BASED ON NEED.—
‘‘(1) IN GENERAL.—On October 1 of each fiscal
year, the Secretary shall allocate sums authorized to
be appropriated for the fiscal year for forest develop-
ment roads and trails according to the relative needs
of the various national forests and grasslands.
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‘‘(2) PLANNING.—The allocation under para-
graph (1)’’;
(2) by striking subsection (b) and inserting the
following:
‘‘(b) ALLOCATION FOR PUBLIC LANDS HIGHWAYS.—
‘‘(1) PUBLIC LANDS HIGHWAYS.—
‘‘(A) IN GENERAL.—On October 1 of each
fiscal year, the Secretary shall allocate 331⁄3 per-
cent of the sums authorized to be appropriated
for that fiscal year for public lands highways
among those States having unappropriated or
unreserved public lands, or nontaxable Indian
lands or other Federal reservations, on the basis
of need in the States, respectively, as determined
by the Secretary, on application of the State
transportation departments of the respective
States.
‘‘(B) PREFERENCE.—In making the alloca-
tion under subparagraph (A), the Secretary shall
give preference to those projects that are signifi-
cantly impacted by Federal land and resource
management activities that are proposed by a
State that contains at least 3 percent of the total
public land in the United States.
‘‘(2) FOREST HIGHWAYS.—
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‘‘(A) IN GENERAL.—On October 1 of each
fiscal year, the Secretary shall allocate 662⁄3 per-
cent of the funds authorized to be appropriated
for public lands highways for forest highways in
accordance with section 134 of the Federal-Aid
Highway Act of 1987 (23 U.S.C. 202 note; 101
Stat. 173).
‘‘(B) PUBLIC ACCESS TO AND WITHIN NA-
TIONAL FOREST SYSTEM.—In making the alloca-
tion under subparagraph (A), the Secretary shall
give equal consideration to projects that provide
access to and within the National Forest System,
as identified by the Secretary of Agriculture
through—
‘‘(i) renewable resource and land use
planning; and
‘‘(ii) assessments of the impact of that
planning on transportation facilities.’’;
(3) in subsection (c)—
(A) by striking ‘‘(c) On’’ and inserting the
following:
‘‘(c) PARK ROADS AND PARKWAYS.—
‘‘(1) IN GENERAL.—On’’; and
(B) by adding at the end the following:
‘‘(2) PRIORITY.—
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‘‘(A) DEFINITION OF QUALIFYING NATIONAL
PARK.—In this paragraph, the term ‘‘qualifying
national park’’ means a National Park that is
used more than 1,000,000 recreational visitor
days per year, based on an average of the 3 most
recent years of available data from the National
Park Service.
‘‘(B) 
PRIORITY.—Notwithstanding 
any
other provision of law, with respect to funds au-
thorized for park roads and parkways, the Sec-
retary shall give priority in the allocation of
funds to projects for highways that—
‘‘(i) are located in, or provide access
to, a qualifying National Park; and
‘‘(ii) were initially constructed before
1940.
‘‘(C) PRIORITY CONFLICTS.—If there is a
conflict between projects described in subpara-
graph (B), the Secretary shall give highest pri-
ority to projects that—
‘‘(i) are in, or that provide access to,
parks that are adjacent to a National Park
of a foreign country; or
‘‘(ii) are located in more than 1
State;’’;
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(4) in subsection (d)—
(A) in paragraph (1)—
(i) in the paragraph heading, by strik-
ing ‘‘1999’’ and inserting ‘‘2005’’; and
(ii) by striking ‘‘1999’’ and inserting
‘‘2005’’;
(B) in paragraph (2)—
(i) in the paragraph heading, by strik-
ing ‘‘2000’’ and inserting ‘‘2005’’;
(ii) in subparagraphs (A), (B), and
(D), by striking ‘‘2000’’ each place it ap-
pears and inserting ‘‘2005’’;
(iii) in subparagraph (B), by striking
‘‘1999’’ each place it appears and inserting
‘‘2005’’; and
(iv) by adding at the end the following:
‘‘(E) TRANSFERRED FUNDS.—
‘‘(i) IN GENERAL.—Not later than 30
days after the date on which funds are
made available to the Secretary of the Inte-
rior under this paragraph, the funds shall
be distributed to, and available for imme-
diate use by, the eligible Indian tribes, in
accordance with the formula for distribution
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of funds under the Indian reservation roads
program.
‘‘(ii) 
USE
OF
FUNDS.—Notwith-
standing any other provision of this section,
funds available to Indian tribes for Indian
reservation roads shall be expended on
projects identified in a transportation im-
provement program approved by the Sec-
retary.’’;
(C) in paragraph (3)—
(i) in subparagraph (A), by striking
‘‘under this title’’ and inserting ‘‘under this
chapter and section 125(e)’’; and
(ii) by adding at the end the following:
‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM
DEMONSTRATION PROJECT.—
‘‘(i) IN GENERAL.—The Secretary shall
establish a demonstration project under
which all funds made available under this
chapter for Indian reservation roads and
for highway bridges located on Indian res-
ervation roads as provided for in subpara-
graph (A) shall be made available, on the
request of an affected Indian tribal govern-
ment, to the Indian tribal government for
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use in carrying out, in accordance with the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.), con-
tracts and agreements for the planning, re-
search, engineering, and construction de-
scribed in that subparagraph.
‘‘(ii) EXCLUSION OF AGENCY PARTICI-
PATION.—In accordance with subparagraph
(B), all funds for Indian reservation roads
and for highway bridges located on Indian
reservation roads to which clause (i) applies
shall be paid without regard to the organi-
zational level at which the Federal lands
highway program has previously carried
out the programs, functions, services, or ac-
tivities involved.
‘‘(iii) SELECTION
OF
PARTICIPATING
TRIBES.—
‘‘(I) PARTICIPANTS.—
‘‘(aa) IN GENERAL.—In ad-
dition to Indian tribes or tribal
organizations that, as of the date
of enactment of this subpara-
graph, are contracting or com-
pacting for any Indian reserva-
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tion road function or program, for
each fiscal year, the Secretary
may select up to 15 Indian tribes
from the applicant pool described
in subclause (II) to participate in
the demonstration project carried
out under clause (i).
‘‘(bb) CONSORTIA.—Two or
more Indian tribes that are other-
wise eligible to participate in a
program or activity to which this
title applies may form a consor-
tium to be considered as a single
Indian tribe for the purpose of be-
coming part of the applicant pool
under subclause (II).
‘‘(cc) FUNDING.—An Indian
tribe participating in the pilot
program under this subparagraph
shall 
receive 
funding 
in 
an
amount equal to the sum of the
funding that the Indian tribe
would otherwise receive in accord-
ance with the funding formula es-
tablished under the other provi-
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sions of this subsection, and an
additional 
percentage 
of 
that
amount equal to the percentage of
funds withheld during the appli-
cable fiscal year for the road pro-
gram management costs of the
Bureau of Indian Affairs under
subsection (f)(1).
‘‘(II) APPLICANT POOL.—The ap-
plicant pool described in this subclause
shall consist of each Indian tribe (or
consortium) that—
‘‘(aa) has successfully com-
pleted the planning phase de-
scribed in subclause (IV);
‘‘(bb) has requested partici-
pation 
in 
the 
demonstration
project under this subparagraph
through the adoption of a resolu-
tion or other official action by the
tribal governing body; and
‘‘(cc) has demonstrated fi-
nancial stability and financial
management capability in accord-
ance with subclause (III) during
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the 3-fiscal-year period imme-
diately preceding the fiscal year
for which participation under this
subparagraph is being requested.
‘‘(III) 
CRITERIA
FOR
DETER-
MINING FINANCIAL STABILITY AND FI-
NANCIAL MANAGEMENT CAPACITY.—For
the purpose of subclause (II), evidence
that, during the 3-year period referred
to in subclause (II)(cc), an Indian
tribe had no uncorrected significant
and material audit exceptions in the
required annual audit of the Indian
tribe’s self-determination contracts or
self-governance 
funding 
agreements
with any Federal agency shall be con-
clusive evidence of the required sta-
bility and capability.
‘‘(IV) PLANNING PHASE.—
‘‘(aa) IN GENERAL.—An In-
dian tribe (or consortium) re-
questing participation in the dem-
onstration project under this sub-
paragraph shall complete a plan-
ning phase that shall include legal
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and budgetary research and inter-
nal tribal government and organi-
zation preparation.
‘‘(bb) ELIGIBILITY.—An In-
dian tribe (or consortium) de-
scribed in item (aa) shall be eligi-
ble to receive a grant under this
subclause to plan and negotiate
participation in a project de-
scribed in that item.
‘‘(V) REPORT TO CONGRESS.—Not
later than September 30, 2006, the Sec-
retary shall submit to Congress a re-
port describing the implementation of
the demonstration project and any rec-
ommendations 
for 
improving 
the
project.’’; and
(D) in paragraph (4)—
(i) in subparagraph (B)—
(I) by striking ‘‘(B) RESERVA-
TION.—Of the amounts’’ and all that
follows through ‘‘to replace,’’ and in-
serting the following:
‘‘(B) FUNDING.—
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‘‘(i) AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to any other funds
made available for Indian reservation roads
for each fiscal year, there is authorized to be
appropriated from the Highway Trust
Fund (other than the Mass Transit Ac-
count) $14,079,433 for each of fiscal years
2005 through 2009 to carry out planning,
design, engineering, preconstruction, con-
struction, and inspection of projects to re-
place,’’; and
(II) by adding at the end the fol-
lowing:
‘‘(ii) 
AVAILABILITY.—Funds 
made
available to carry out this subparagraph
shall be available for obligation in the same
manner as if the funds were apportioned
under chapter 1.’’; and
(ii) by striking subparagraph (D) and
inserting the following:
‘‘(D) APPROVAL REQUIREMENT.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), on request by an Indian tribe or the
Secretary of the Interior, the Secretary may
make funds available under this subsection
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for preliminary engineering for Indian res-
ervation road bridge projects.
‘‘(ii) CONSTRUCTION
AND
CONSTRUC-
TION
ENGINEERING.—The Secretary may
make funds available under clause (i) for
construction and construction engineering
after approval of applicable plans, speci-
fications, and estimates in accordance with
this title.’’; and
(5) by adding at the end the following:
‘‘(f) ADMINISTRATION
OF
INDIAN
RESERVATION
ROADS.—
‘‘(1) CONTRACT
AUTHORITY.—Notwithstanding
any other provision of law, for any fiscal year, not
more than 6 percent of the contract authority
amounts made available from the Highway Trust
Fund to the Bureau of Indian Affairs under this title
shall be used to pay the expenses incurred by the Bu-
reau in administering the Indian reservation roads
program (including the administrative expenses relat-
ing to individual projects associated with the Indian
reservation roads program).
‘‘(2) HEALTH AND SAFETY ASSURANCES.—Not-
withstanding any other provision of law, an Indian
tribe or tribal organization may approve plans, speci-
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fications, and estimates and commence road and
bridge construction under the Transportation Equity
Act for the 21st Century (Public Law 105-178) or the
Safe, Accountable, Flexible, and Efficient Transpor-
tation Equity Act of 2005 that is funded through a
contract or agreement under the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C.
450b et seq.) if the Indian tribe or tribal
organization—
‘‘(A) provides assurances in the contract or
agreement that the construction will meet or ex-
ceed applicable health and safety standards;
‘‘(B) obtains the advance review of the
plans and specifications from a licensed profes-
sional that has certified that the plans and speci-
fications meet or exceed the applicable health
and safety standards; and
‘‘(C) provides a copy of the certification
under subparagraph (B) to the Assistant Sec-
retary for Indian Affairs.’’.
(d) PLANNING AND AGENCY COORDINATION.—Section
204 of title 23, United States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘refuge
roads, recreation roads,’’ after ‘‘parkways,’’;
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(2) by striking subsection (b) and inserting the
following:
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds available for public
lands highways, recreation roads, park roads and
parkways, forest highways, and Indian reservation
roads shall be used by the Secretary and the Secretary
of the appropriate Federal land management agency
to pay the cost of transportation planning, research,
engineering, operation and maintenance of transit fa-
cilities, and construction of the highways, roads,
parkways, forest highways, and transit facilities lo-
cated on public land, national parks, and Indian res-
ervations.
‘‘(2) CONTRACT.—In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land manage-
ment agency may enter into a construction contract
or other appropriate agreement with—
‘‘(A) a State (including a political subdivi-
sion of a State); or
‘‘(B) an Indian tribe.
‘‘(3) INDIAN RESERVATION ROADS.—In the case
of an Indian reservation road—
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‘‘(A) Indian labor may be used, in accord-
ance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to
carry out any construction or other activity de-
scribed in paragraph (1); and
‘‘(B) funds made available to carry out this
section 
may 
be 
used 
to 
pay 
bridge
preconstruction costs (including planning, de-
sign, and engineering).
‘‘(4) FEDERAL EMPLOYMENT.—No maximum on
Federal employment shall be applicable to construc-
tion or improvement of Indian reservation roads.
‘‘(5) AVAILABILITY OF FUNDS.—Funds available
under this section for each class of Federal lands
highway shall be available for any kind of transpor-
tation project eligible for assistance under this title
that is within or adjacent to, or that provides access
to, the areas served by the particular class of Federal
lands highway.
‘‘(6) RESERVATION OF FUNDS.—The Secretary of
the Interior may reserve funds from administrative
funds of the Bureau of Indian Affairs that are associ-
ated with the Indian reservation road program to fi-
nance the Indian technical centers authorized under
section 504(b).’’; and
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(3) in subsection (k)(1)—
(A) in subparagraph (B)—
(i) by striking ‘‘(2), (5),’’ and inserting
‘‘(2), (3), (5),’’; and
(ii) by striking ‘‘and’’ after the semi-
colon;
(B) in subparagraph (C), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) maintenance of public roads in na-
tional fish hatcheries under the jurisdiction of
the United States Fish and Wildlife Service;
‘‘(E) the non-Federal share of the cost of
any project funded under this title or chapter 53
of title 49 that provides access to or within a
wildlife refuge; and
‘‘(F) maintenance and improvement of rec-
reational trails (except that expenditures on
trails under this subparagraph shall not exceed
5 percent of available funds for each fiscal
year).’’.
(e) MAINTENANCE OF INDIAN RESERVATION ROADS.—
Section 204(c) of title 23, United States Code, is amended
by striking the second and third sentences and inserting the
following: ‘‘Notwithstanding any other provision of this
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title, of the amount of funds allocated for Indian reservation
roads from the Highway Trust Fund, not more than 25 per-
cent may be expended for the purpose of maintenance, ex-
cluding road sealing, and shall not be subject to any limita-
tion. The Bureau of Indian Affairs shall continue to retain
primary responsibility, including annual funding request
responsibility, for road maintenance programs on Indian
reservations. The Secretary shall ensure that funding made
available under this subsection for maintenance of Indian
reservation roads for each fiscal year is supplementary to
and not in lieu of any obligation of funds by the Bureau
of Indian Affairs for road maintenance programs on Indian
reservations.’’.
(f) SAFETY.—
(1) ALLOCATIONS.—Section 202 of title 23,
United States Code (as amended by subsection (c)(5)),
is amended by adding at the end the following:
‘‘(g) SAFETY.—Subject to paragraph (2), on October
1 of each fiscal year, the Secretary shall allocate the sums
authorized to be appropriated for the fiscal year for safety
as follows:
‘‘(1) 12 percent to the Bureau of Reclamation.
‘‘(2) 18 percent to the Bureau of Indian Affairs.
‘‘(3) 17 percent to the Bureau of Land Manage-
ment.
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‘‘(4) 17 percent to the Forest Service.
‘‘(5) 7 percent to the United States Fish and
Wildlife Service.
‘‘(6) 17 percent to the National Park Service.
‘‘(7) 12 percent to the Corps of Engineers.’’.
(2) AVAILABILITY
OF
FUNDS.—Section 203 of
title 23, United States Code, is amended by inserting
‘‘safety projects or activities,’’ after ‘‘refuge roads,’’
each place it appears.
(3) USE OF FUNDING.—Section 204 of title 23,
United States Code, is amended by adding at the end
the following:
‘‘(l) SAFETY ACTIVITIES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this title, funds made available for safety
under this title shall be used by the Secretary and the
head of the appropriate Federal land management
agency only to pay the costs of carrying out—
‘‘(A) transportation safety improvement ac-
tivities;
‘‘(B) activities to eliminate high-accident
locations;
‘‘(C) projects to implement protective meas-
ures at, or eliminate, at-grade railway-highway
crossings;
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‘‘(D) collection of safety information;
‘‘(E) transportation planning projects or
activities;
‘‘(F) bridge inspection;
‘‘(G) development and operation of safety
management systems;
‘‘(H) highway safety education programs;
and
‘‘(I) other eligible safety projects and activi-
ties authorized under chapter 4.
‘‘(2) CONTRACTS.—In carrying out paragraph
(1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter
into contracts or agreements with—
‘‘(A) a State;
‘‘(B) a political subdivision of a State; or
‘‘(C) an Indian tribe.
‘‘(3) EXCEPTION.—The cost sharing requirements
under the Federal Water Project Recreation Act (16
U.S.C. 460l–12 et seq.) shall not apply to funds made
available to the Bureau of Reclamation under this
subsection.’’.
(g) RECREATION ROADS.—
(1) AUTHORIZATIONS.—Section 201 of title 23,
United States Code, is amended in the first sentence
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by inserting ‘‘recreation roads,’’ after ‘‘public lands
highways,’’.
(2) ALLOCATIONS.—Section 202 of title 23,
United States Code (as amended by subsection (f)(1)),
is amended by adding at the end the following:
‘‘(h) RECREATION ROADS.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), on October 1 of each fiscal year, the Sec-
retary, after completing the transfer under subsection
204(i), shall allocate the sums authorized to be appro-
priated for the fiscal year for recreation roads as fol-
lows:
‘‘(A) 8 percent to the Bureau of Reclama-
tion.
‘‘(B) 9 percent to the Corps of Engineers.
‘‘(C) 13 percent to the Bureau of Land
Management.
‘‘(D) 70 percent to the Forest Service.
‘‘(2) ALLOCATION
WITHIN
AGENCIES.—Recre-
ation road funds allocated to a Federal agency under
paragraph (1) shall be allocated for projects and ac-
tivities of the Federal agency according to the relative
needs of each area served by recreation roads under
the jurisdiction of the Federal agency, as indicated in
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the approved transportation improvement program
for each Federal agency.’’.
(3) AVAILABILITY
OF
FUNDS.—Section 203 of
title 23, United States Code, is amended—
(A) in the first sentence, by inserting
‘‘recreation roads,’’ after ‘‘Indian reservation
roads,’’; and
(B) in the fourth sentence, by inserting ‘‘,
recreation roads,’’ after ‘‘Indian roads’’.
(4) USE OF FUNDING.—Section 204 of title 23,
United States Code (as amended by subsection (e)(3)),
is amended by adding at the end the following:
‘‘(m) RECREATION ROADS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this title, funds made available for recre-
ation roads under this title shall be used by the Sec-
retary and the Secretary of the appropriate Federal
land management agency only to pay the cost of—
‘‘(A) maintenance or improvements of exist-
ing recreation roads;
‘‘(B) maintenance and improvements of eli-
gible projects described in paragraph (1), (2),
(3), (5), or (6) of subsection (h) that are located
in or adjacent to Federal land under the juris-
diction of—
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‘‘(i) the Department of Agriculture; or
‘‘(ii) the Department of the Interior;
‘‘(C) transportation planning and adminis-
trative activities associated with those mainte-
nance and improvements; and
‘‘(D) the non-Federal share of the cost of
any project funded under this title or chapter 53
of title 49 that provides access to or within Fed-
eral land described in subparagraph (B).
‘‘(2) CONTRACTS.—In carrying out paragraph
(1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter
into contracts or agreements with—
‘‘(A) a State;
‘‘(B) a political subdivision of a State; or
‘‘(C) an Indian tribe.
‘‘(3) NEW
ROADS.—No funds made available
under this section shall be used to pay the cost of the
design or construction of new recreation roads.
‘‘(4) COMPLIANCE WITH OTHER ENVIRONMENTAL
LAWS.—A maintenance or improvement project that
is funded under this subsection, and that is consistent
with or has been identified in a land use plan for an
area under the jurisdiction of a Federal agency, shall
not require any additional environmental reviews or
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assessments under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) if—
‘‘(A) the Federal agency that promulgated
the land use plan analyzed the specific proposal
for the maintenance or improvement project
under that Act; and
‘‘(B) as of the date on which the funds are
to be expended, there are—
‘‘(i) no significant changes to the pro-
posal bearing on environmental concerns;
and
‘‘(ii) no significant new information.
‘‘(5) EXCEPTION.—The cost sharing requirements
under the Federal Water Project Recreation Act (16
U.S.C. 460l–12 et seq.) shall not apply to funds made
available to the Bureau of Reclamation under this
subsection.’’.
(h) CONFORMING AMENDMENTS.—
(1) Sections 120(e) and 125(e) of title 23, United
States Code, are amended by striking ‘‘public lands
highways,’’ each place it appears and inserting ‘‘pub-
lic lands highways, recreation roads,’’.
(2) Sections 120(e), 125(e), 201, 202(a), and 203
of title 23, United States Code, are amended by strik-