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‘‘(iii) the public participation require-
ments under section 5307(e); and
‘‘(B) in the case of a qualified project that
is at a unit of the National Park system, the
planning process shall be consistent with the gen-
eral management plans of the unit of the Na-
tional Park system; and
‘‘(2) if the qualified participant is a State or
local governmental authority, or more than one State
or local governmental authority in more than one
State, the qualified participant shall—
‘‘(A) comply with the metropolitan plan-
ning provisions under section 5303 of this title;
‘‘(B) comply with the statewide planning
provisions under section 5304 of this title;
‘‘(C) comply with the public participation
requirements under section 5307(e) of this title;
and
‘‘(D) consult with the appropriate Federal
land management agency during the planning
process.
‘‘(f) COST SHARING.—
‘‘(1) The Secretary, in cooperation with the Sec-
retary of the Interior, shall establish the agency share
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of net project cost to be provided under this section
to a qualified participant.
‘‘(2) In establishing the agency share of net
project cost to be provided under this section, the Sec-
retary shall consider—
‘‘(A) visitation levels and the revenue de-
rived from user fees in the eligible area in which
the qualified project is carried out;
‘‘(B) the extent to which the qualified par-
ticipant coordinates with a public transportation
authority or private entity engaged in public
transportation;
‘‘(C) private investment in the qualified
project, including the provision of contract serv-
ices, joint development activities, and the use of
innovative financing mechanisms;
‘‘(D) the clear and direct benefit to the
qualified participant; and
‘‘(E) any other matters that the Secretary
considers appropriate to carry out this section.
‘‘(3) Notwithstanding any other provision of law,
Federal funds appropriated to any Federal land man-
agement agency may be counted toward the non-agen-
cy share of the net project cost of a qualified project.
‘‘(g) SELECTION OF QUALIFIED PROJECTS.—
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‘‘(1) The Secretary of the Interior, after consulta-
tion with and in cooperation with the Secretary, shall
determine the final selection and funding of an an-
nual program of qualified projects in accordance with
this section.
‘‘(2) In determining whether to include a project
in the annual program of qualified projects, the Sec-
retary of the Interior shall consider—
‘‘(A) the justification for the qualified
project, including the extent to which the quali-
fied project would conserve resources, prevent or
mitigate adverse impact, and enhance the envi-
ronment;
‘‘(B) the location of the qualified project, to
ensure that the selected qualified projects—
‘‘(i) are geographically diverse nation-
wide; and
‘‘(ii) include qualified projects in eligi-
ble areas located in both urban areas and
rural areas;
‘‘(C) the size of the qualified project, to en-
sure that there is a balanced distribution;
‘‘(D) the historical and cultural significance
of a qualified project;
‘‘(E) safety;
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‘‘(F) the extent to which the qualified
project would-
‘‘(i) enhance livable communities;
‘‘(ii) reduce pollution (including noise
pollution, air pollution, and visual pollu-
tion);
‘‘(iii) reduce congestion; and
‘‘(iv) improve the mobility of people in
the most efficient manner; and
‘‘(G) any other matters that the Secretary
considers appropriate to carry out this section,
including—
‘‘(i) visitation levels;
‘‘(ii) the use of innovative financing or
joint development strategies; and
‘‘(iii) coordination with gateway com-
munities.
‘‘(h) QUALIFIED PROJECTS CARRIED OUT
IN AD-
VANCE.—
‘‘(1) When a qualified participant carries out
any part of a qualified project without assistance
under this section in accordance with all applicable
procedures and requirements, the Secretary, in con-
sultation with the Secretary of the Interior, may pay
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the share of the net capital project cost of a qualified
project if—
‘‘(A) the qualified participant applies for
the payment;
‘‘(B) the Secretary approves the payment;
and
‘‘(C) before carrying out that part of the
qualified project, the Secretary approves the
plans and specifications in the same manner as
plans and specifications are approved for other
projects assisted under this section.
‘‘(2)(A) The cost of carrying out part of a quali-
fied project under paragraph (1) includes the amount
of interest earned and payable on bonds issued by a
State or local governmental authority, to the extent
that proceeds of the bond are expended in carrying
out that part.
‘‘(B) The rate of interest under this paragraph
may not exceed the most favorable rate reasonably
available for the qualified project at the time of bor-
rowing.
‘‘(C) The qualified participant shall certify, in a
manner satisfactory to the Secretary, that the quali-
fied participant has exercised reasonable diligence in
seeking the most favorable interest rate.
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‘‘(i) RELATIONSHIP TO OTHER LAWS.—
‘‘(1) SECTION
5307.—A qualified participant
under this section shall be subject to the requirements
of sections 5307 and 5333(a) to the extent the Sec-
retary determines to be appropriate.
‘‘(2) OTHER REQUIREMENTS.—A qualified par-
ticipant under this section is subject to any other
terms, conditions, requirements, and provisions that
the Secretary determines to be appropriate to carry
out this section, including requirements for the dis-
tribution of proceeds on disposition of real property
and equipment resulting from a qualified project as-
sisted under this section.
‘‘(3) PROJECT
MANAGEMENT
PLAN.—If the
amount of assistance anticipated to be required for a
qualified project under this section is not less than
$25,000,000—
‘‘(A) the qualified project shall, to the extent
the Secretary considers appropriate, be carried
out through a full funding grant agreement, in
accordance with section 5309(g); and
‘‘(B) the qualified participant shall prepare
a project management plan in accordance with
section 5327(a).
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‘‘(i) ASSET MANAGEMENT.—The Secretary, in con-
sultation with the Secretary of the Interior, may transfer
the interest of the Department of Transportation in, and
control over, all facilities and equipment acquired under
this section to a qualified participant for use and disposi-
tion in accordance with any property management regula-
tions that the Secretary determines to be appropriate.
‘‘(j) COORDINATION OF RESEARCH AND DEPLOYMENT
OF NEW TECHNOLOGIES.—
‘‘(1) The Secretary, in cooperation with the Sec-
retary of the Interior, may undertake, or make
grants, cooperative agreements, contracts (including
agreements with departments, agencies, and instru-
mentalities of the Federal Government) or other
transactions for research, development, and deploy-
ment of new technologies in eligible areas that will—
‘‘(A) conserve resources;
‘‘(B) prevent or mitigate adverse environ-
mental impact;
‘‘(C) improve visitor mobility, accessibility,
and enjoyment; and
‘‘(D) reduce pollution (including noise pol-
lution and visual pollution).
‘‘(2) The Secretary may request and receive ap-
propriate information from any source.
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‘‘(3) Grants, cooperative agreements, contracts or
other transactions under paragraph (1) shall be
awarded from amounts allocated under subsection
(c)(1).
‘‘(k) INNOVATIVE FINANCING.—A qualified project re-
ceiving financial assistance under this section shall be eligi-
ble for funding through a state infrastructure bank or other
innovative financing mechanism available to finance an el-
igible project under this chapter.
‘‘(l) REPORTS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Interior, shall annually
submit a report on the allocation of amounts made
available to assist qualified projects under this section
to—
‘‘(A) the Committee on Banking, Housing,
and Urban Affairs of the Senate; and
‘‘(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
‘‘(2) ANNUAL AND SUPPLEMENTAL REPORTS.—
The report required under paragraph (1) shall be in-
cluded in the report submitted under section
5309(m).’’.
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(b) CONFORMING AMENDMENTS.—The table of sections
for chapter 53 is amended by inserting after the item relat-
ing to section 5315 the following:
‘‘5316. Alternative transportation in parks and public lands.’’.
SEC. 6041. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total
of all obligations from amounts made available from the
Mass Transit Account of the Highway Trust Fund by, and
amounts appropriated under, subsections (a) through (c) of
section 5338 of title 49, United States Code, shall not
exceed—
(1) $7,646,336,000 for fiscal year 2005;
(2) $8,900,000,000 for fiscal year 2006;
(3) $9,267,464,000 for fiscal year 2007;
(4) $10,050,700,000 for fiscal year 2008; and
(5) $10,686,500,000 for fiscal year 2009.
SEC. 6042. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2004.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary shall reduce the total apportion-
ments and allocations made for fiscal year 2005 to each
grant recipient under section 5338 of title 49, United States
Code, by the amount apportioned to that recipient pursuant
to section 8 of the Surface Transportation Extension Act
of 2004 part V (118 Stat. 1154).
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(b) FIXED
GUIDEWAY
MODERNIZATION
ADJUST-
MENT.—In making the apportionments described in sub-
section (a), the Secretary shall adjust the amount appor-
tioned for fiscal year 2005 to each urbanized area for fixed
guideway modernization to reflect the apportionment meth-
od set forth in 5337(a) of title 49, United States Code.
SEC. 6043. DISADVANTAGED BUSINESS ENTERPRISE.
Section 1821(a) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005 shall apply
to all funds authorized or otherwise made available under
this title.
SEC. 6044. TRANSIT PASS TRANSPORTATION FRINGE BENE-
FITS.
(a) TRANSIT PASS TRANSPORTATION FRINGE BENE-
FITS STUDY.—
(1) STUDY.—The Secretary of Transportation
shall conduct a study on tax-free transit benefits and
ways to promote improved access to and increased
usage of such benefits, at Federal agencies in the Na-
tional Capital Region, including agencies not cur-
rently offering the benefit.
(2) CONTENT.—The study under this subsection
shall include—
(A) an examination of how agencies offering
the benefit make its availability known to their