146
‘‘(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;
‘‘(ii) enforce violations of use of the
facility; and
‘‘(iii) permit low-income individuals to
pay reduced tolls.
‘‘(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
147
enforcing the restrictions on the use of the fa-
cility by such vehicles.
‘‘(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 agency—
‘‘(i) establishes a program that ad-
dresses how those qualifying low emission
and energy-efficient vehicles are selected
and certified;
‘‘(ii) establishes requirements for la-
beling qualifying low emission and energy-
efficient vehicles (including procedures for
enforcing those requirements);
‘‘(iii) continuously monitors, evalu-
ates, and reports to the Secretary on per-
formance; and
‘‘(iv) imposes such restrictions on the
use on high occupancy vehicle lanes by ve-
hicles that do not satisfy established occu-
pancy requirements as are necessary to en-
sure that the performance of individual
148
high occupancy vehicle lanes, and the en-
tire high occupancy vehicle lane system,
will not become seriously degraded.
‘‘(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.
‘‘(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
149
(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
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
150
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—
‘‘(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:
151
‘‘(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;
‘‘(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—
152
‘‘(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
‘‘(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.
153
(2) CHAPTER ANALYSIS.—The analysis for sub-
chapter I of chapter 1 of such title is amended by
adding at the end the following:
‘‘167. HOV facilities.’’.
(c) TECHNICAL AMENDMENT.—Section 102(c) of
title 23, United States Code, is amended by striking ‘‘10
years’’ and all that follows through ‘‘after’’ and inserting
‘‘10 years (or such longer period as the State requests and
the Secretary determines to be reasonable) after’’.
SEC. 1209. REPEAL.
Section 1012(b) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) is repealed.
Subtitle C—Mobility and Efficiency
SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IM-
PROVEMENT PROGRAM.
(a) IN GENERAL.—The Secretary shall establish and
implement a program to make allocations to States for
highway construction projects in corridors of national sig-
nificance to promote economic growth and international
or interregional trade pursuant to the selection factors
provided in this section. A State must submit an applica-
tion to the Secretary in order to receive an allocation
under this section.
(b) SELECTION PROCESS.—
154
(1) PRIORITY.—In the selection process under
this section, the Secretary shall give priority to
projects in corridors that are a part of, or will be
designated as part of, the Dwight D. Eisenhower
National System of Interstate and Defense High-
ways after completion of the work described in the
application received by the Secretary and to any
project that will be completed within 5 years of the
date of the allocation of funds for the project.
(2) SELECTION
FACTORS.—In making alloca-
tions under this section, the Secretary shall consider
the following factors:
(A) The extent to which the corridor pro-
vides a link between 2 existing segments of the
Interstate System.
(B) The extent to which the project will fa-
cilitate major multistate or regional mobility
and economic growth and development in areas
underserved by existing highway infrastructure.
(C) The extent to which commercial vehicle
traffic in the corridor—
(i) has increased since the date of en-
actment of the North American Free
Trade Agreement Implementation Act (16
U.S.C. 4401 et seq.); and
155
(ii) is projected to increase in the fu-
ture.
(D) The extent to which international
truck-borne commodities move through the cor-
ridor.
(E) The extent to which the project will
make improvements to an existing segment of
the Interstate System that will result in a de-
crease in congestion.
(F) The reduction in commercial and other
travel time through a major freight corridor ex-
pected as a result of the project.
(G) The value of the cargo carried by com-
mercial vehicle traffic in the corridor and the
economic costs arising from congestion in the
corridor.
(H) The extent of leveraging of Federal
funds provided to carry out this section,
including—
(i) use of innovative financing;
(ii) combination with funding provided
under other sections of this Act and title
23, United States Code; and
(iii) combination with other sources of
Federal, State, local, or private funding.
156
(c) PERIOD OF AVAILABILITY.—Funds allocated for
a project to a State under this section shall remain avail-
able for obligation in that State until 6 months from the
day on which they are allocated. Sums not obligated within
6 months of the day on which they are allocated shall be
available to the Secretary to be allocated for other projects
eligible under this section.
(d) FEDERAL SHARE.—The Federal share of the cost
of a project under this section shall be determined in ac-
cordance with section 120(b) of title 23, United States
Code.
(e) APPLICABILITY OF TITLE 23.—Except as pro-
vided in subsections (c) and (d), funds made available by
section 1101(a)(10) of this Act to carry out this section
shall be available for obligation in the same manner as
if such funds were apportioned under chapter 1 of title
23, United States Code.
(f) STATE DEFINED.—In this section, the term
‘‘State’’ has the meaning such term has under section 101
of title 23, United States Code.
SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PRO-
GRAM.
(a) GENERAL AUTHORITY.—The Secretary shall im-
plement a coordinated border infrastructure program
under which the Secretary shall distribute funds to border
157
States to improve the safe movement of motor vehicles at
or across the border between the United States and Can-
ada and the border between the United States and Mexico.
(b) ELIGIBLE USES.—A State may use funds appor-
tioned under this section only for—
(1) improvements in a border region to existing
transportation and supporting infrastructure that fa-
cilitate cross-border motor vehicle and cargo move-
ments;
(2) construction of highways and related safety
and safety enforcement facilities in a border region
that facilitate motor vehicle and cargo movements
related to international trade;
(3) operational improvements in a border re-
gion, including improvements relating to electronic
data interchange and use of telecommunications, to
expedite cross border motor vehicle and cargo move-
ment;
(4) modifications to regulatory procedures to
expedite safe and efficient cross border motor vehicle
and cargo movements; and
(5) international coordination of transportation
planning, programming, and border operation with
Canada and Mexico relating to expediting cross bor-
der motor vehicle and cargo movements.
158
(c) APPORTIONMENT OF FUNDS.—On October 1 of
each fiscal year, the Secretary shall apportion among bor-
der States sums authorized to be appropriated to carry
out this section for such fiscal year as follows:
(1) 20 percent in the ratio that—
(A) the total number of incoming commer-
cial trucks that pass through the land border
ports of entry within the boundaries of a border
State, as determined by the Secretary; bears to
(B) the total number of incoming commer-
cial trucks that pass through such ports of
entry within the boundaries of all the border
States, as determined by the Secretary.
(2) 30 percent in the ratio that—
(A) the total number of incoming personal
motor vehicles and incoming buses that pass
through land border ports of entry within the
boundaries of a border State, as determined by
the Secretary; bears to
(B) the total number of incoming personal
motor vehicles and incoming buses that pass
through such ports of entry within the bound-
aries of all the border States, as determined by
the Secretary.
(3) 25 percent in the ratio that—