H. R. 3—94
(A) address achieving the Highways for LIFE perform-
ance standards for quality, safety, and speed of construc-
tion; 
(B) deliver and deploy innovative technologies, manu-
facturing processes, financing, contracting practices, and 
performance measures that will demonstrate substantial 
improvements in safety, congestion, quality, and cost-
effectiveness; 
(C) include innovation that will lead to change in the 
administration of the State’s transportation program to 
more quickly construct long-lasting, high-quality, cost-effec-
tive projects that improve safety and reduce congestion; 
(D) are or will be ready for construction within 1 year 
of approval of the project proposal; and 
(E) meet such other criteria as the Secretary deter-
mines appropriate. 
(5) FINANCIAL ASSISTANCE.—
(A) FUNDS FOR HIGHWAYS FOR LIFE PROJECTS.—Out 
of amounts made available to carry out this section for 
a fiscal year, the Secretary may allocate to a State up 
to 20 percent, but not more than $5,000,000, of the total 
cost of a project approved under this section. Notwith-
standing any other provision of law, funds allocated to 
a State under this subparagraph may be applied to the 
non-Federal share of the cost of construction of a project 
under title 23, United States Code. 
(B) USE OF APPORTIONED FUNDS.—A State may obligate 
not more than 10 percent of the amount apportioned to 
the State under one or more of paragraphs (1), (2), (3), 
and (4) of section 104(b) of title 23, United States Code, 
for a fiscal year for projects approved under this section. 
(C) INCREASED FEDERAL SHARE.—Notwithstanding sec-
tions 120 and 129 of title 23, United States Code, the 
Federal share payable on account of any project constructed 
with Federal funds allocated under this section, or appor-
tioned under section 104(b) of such title, to a State under 
such title and approved under this section may amount 
to 100 percent of the cost of construction of such project. 
(D) LIMITATION ON STATUTORY CONSTRUCTION.—Except 
as provided in subparagraph (C), nothing in this subsection 
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 assistance under the program 
and the location of the project), to amounts apportioned 
to a State for a program under section 104(b) that are 
obligated by the State for projects approved under this 
subsection. 
(6) PROJECT SELECTIONS.—In the period of fiscal years 2005 
through 2009, the Secretary, to the maximum extent possible, 
shall approve at least 1 project in each State for participation 
in the pilot program and for financial assistance under para-
graph (5) if the State submits an application and the project 
meets the eligibility requirements and selection criteria under 
this subsection.
H. R. 3—95
(7) MAXIMUM
NUMBER
OF
PROJECTS.—The maximum 
number of projects for which the Secretary may allocate funds 
under this subsection in a fiscal year is 15. 
(c) TECHNOLOGY PARTNERSHIPS.—
(1) IN GENERAL.—The Secretary may make grants or enter 
into cooperative agreements or other transactions to foster the 
development, improvement, and creation of innovative tech-
nologies and facilities to improve safety, enhance the speed 
of highway construction, and improve the quality and durability 
of highways. 
(2) FEDERAL SHARE.—The Federal share of the cost of an 
activity carried out under this subsection shall not exceed 80 
percent. 
(d) TECHNOLOGY
TRANSFER
AND
INFORMATION
DISSEMINA-
TION.—
(1) IN GENERAL.—The Secretary shall conduct a highways 
for life technology transfer program. 
(2) AVAILABILITY
OF
INFORMATION.—The Secretary shall 
ensure that the information and technology used, developed, 
or deployed under this subsection is made available to the 
transportation community and the public. 
(e) STAKEHOLDER INPUT
AND INVOLVEMENT.—The Secretary 
shall establish a process for stakeholder input and involvement 
in the development, implementation, and evaluation of the High-
ways for LIFE Pilot Program. The process may include participation 
by representatives of State departments of transportation and other 
interested persons. 
(f) PROJECT MONITORING
AND EVALUATION.—The Secretary 
shall monitor and evaluate the effectiveness of any activity carried 
out under this section. 
(g) CONTRACT AUTHORITY.—Except as otherwise provided in 
this section, funds authorized to be appropriated to carry out this 
section shall be available for obligation in the same manner as 
if the funds were apportioned under chapter 1 of title 23, United 
States Code. 
(h) STATE DEFINED.—In this section, the term ‘‘State’’ has the 
meaning such term has in section 101(a) of title 23, United States 
Code. 
SEC. 1503. DESIGN BUILD. 
Section 112(b)(3) of title 23, United States Code, is amended—
(1) by redesignating subparagraph (D) as subparagraph 
(E); and 
(2) by striking subparagraph (C) and inserting the fol-
lowing: 
‘‘(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 issued by the Secretary. 
‘‘(D) REGULATORY PROCESS.—Not later than 90 days 
after the date of enactment of the SAFETEA–LU, the Sec-
retary shall issue revised regulations under section 1307(c) 
of the Transportation Equity Act for 21st Century (23 
U.S.C. 112 note; 112 Stat. 230) that—
H. R. 3—96
‘‘(i) do not preclude a State transportation depart-
ment or local transportation agency, prior to compli-
ance with section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332), from—
‘‘(I) issuing requests for proposals; 
‘‘(II) proceeding with awards of design-build 
contracts; or 
‘‘(III) issuing notices to proceed with prelimi-
nary design work under design-build contracts; 
‘‘(ii) require that the State transportation depart-
ment or local transportation agency receive concur-
rence from the Secretary before carrying out an activity 
under clause (i); and 
‘‘(iii) preclude the design-build contractor from pro-
ceeding with final design or construction of any perma-
nent improvement prior to completion of the process 
under such section 102.’’. 
Subtitle F—Finance 
SEC. 
1601. 
TRANSPORTATION 
INFRASTRUCTURE 
FINANCE 
AND 
INNOVATION ACT AMENDMENTS. 
(a) DEFINITIONS.—Section 181 of title 23, United States Code, 
is amended—
(1) in paragraph (3) by striking ‘‘category’’ and ‘‘offered 
into the capital markets’’; 
(2) by striking paragraph (7) and redesignating paragraphs 
(8) through (15) as paragraphs (7) through (14), respectively; 
(3) in paragraph (8) (as redesignated by paragraph (2) 
of this subsection)—
(A) in subparagraph (B) by striking the period at the 
end and inserting a semicolon; and 
(B) by striking subparagraph (D) and inserting the 
following: 
‘‘(D) a project that—
‘‘(i) is a project—
‘‘(I) for a public freight rail facility or a private 
facility providing public benefit for highway users; 
‘‘(II) for an intermodal freight transfer facility; 
‘‘(III) for a means of access to a facility 
described in subclause (I) or (II); 
‘‘(IV) for a service improvement for a facility 
described in subclause (I) or (II) (including a cap-
ital investment for an intelligent transportation 
system); or 
‘‘(V) that comprises a series of projects 
described in subclauses (I) through (IV) with the 
common objective of improving the flow of goods; 
‘‘(ii) may involve the combining of private and 
public sector funds, including investment of public 
funds in private sector facility improvements; and 
‘‘(iii) if located within the boundaries of a port 
terminal, includes only such surface transportation 
infrastructure modifications as are necessary to facili-
tate direct intermodal interchange, transfer, and access 
into and out of the port.’’; and
H. R. 3—97
(4) in paragraph (10) (as redesignated by paragraph (2) 
of this subsection) by striking ‘‘bond’’ and inserting ‘‘credit’’. 
(b) DETERMINATION OF ELIGIBILITY.—Section 182(a) of such title 
is amended—
(1) by striking paragraphs (1) and (2) and inserting the 
following: 
‘‘(1) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.—
The project shall satisfy the applicable planning and program-
ming requirements of sections 134 and 135 at such time as 
an agreement to make available a Federal credit instrument 
is entered into under this subchapter. 
‘‘(2) APPLICATION.—A State, local government, public 
authority, public-private partnership, or any other legal entity 
undertaking the project and authorized by the Secretary, shall 
submit a project application to the Secretary.’’; 
(2) in paragraph (3)(A)(i) by striking ‘‘$100,000,000’’ and 
inserting ‘‘$50,000,000’’; 
(3) in paragraph (3)(A)(ii) by striking ‘‘50’’ and inserting 
‘‘331⁄3’’; 
(4) in paragraph (3)(B) by striking ‘‘$30,000,000’’ and 
inserting ‘‘$15,000,000’’; and 
(5) in paragraph (4)—
(A) by striking ‘‘Project financing’’ and inserting ‘‘The 
Federal credit instrument’’; and 
(B) by inserting before the period at the end ‘‘that 
also secure the project obligations’’. 
(c) PROJECT
SELECTION.—Section 182(b) of such title is 
amended—
(1) in paragraph (1) by striking ‘‘criteria’’ the second place 
it appears and inserting ‘‘requirements’’; and 
(2) in paragraph (2)(B) by inserting ‘‘, which may be the 
Federal credit instrument,’’ after ‘‘obligations’’. 
(d) SECURED LOANS.—
(1) AGREEMENTS.—Section 183(a)(1) of such title is 
amended—
(A) in subparagraph (A) by inserting ‘‘of any project 
selected under section 602’’ after ‘‘costs’’; 
(B) by striking the semicolon at the end of subpara-
graph (B) and all that follows through ‘‘under section 182.’’ 
and inserting ‘‘of any project selected under section 602; 
or’’; and 
(C) by adding at the end the following: 
‘‘(C) to refinance long-term project obligations or Fed-
eral credit instruments if such refinancing provides addi-
tional funding capacity for the completion, enhancement, 
or expansion of any project that—
‘‘(i) is selected under section 602; or 
‘‘(ii) otherwise meets the requirements of section 
602.’’. 
(2) INVESTMENT-GRADE
RATING
REQUIREMENT.—Section 
183(a)(4) of such title is amended—
(A) by striking ‘‘The funding’’ and inserting ‘‘The execu-
tion’’; and 
(B) by striking the first comma and all that follows 
through ‘‘1 rating agency’’. 
(3) TERMS AND LIMITATIONS.—Section 183(b) of such title 
is amended—
H. R. 3—98
(A) in paragraph (2)—
(i) by inserting ‘‘the lesser of’’ after ‘‘exceed’’; and 
(ii) by inserting ‘‘or, if the secured loan does not 
receive an investment grade rating, the amount of 
the senior project obligations’’ after ‘‘costs’’; 
(B) in paragraph (3)(A)(i) by inserting ‘‘that also secure 
the senior project obligations’’ after ‘‘sources’’; and 
(C) in paragraph (4) by striking ‘‘marketable’’. 
(4) REPAYMENT.—Section 183(c) of such title is amended—
(A) by striking paragraph (3); 
(B) by redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively; 
(C) in paragraph (3)(A) (as redesignated by subpara-
graph (B) of this paragraph) by striking ‘‘during the 10 
years’’; and 
(D) in subparagraph (3)(B)(ii) (as so redesignated) by 
striking ‘‘loan’’ and all that follows and inserting ‘‘loan.’’. 
(e) LINES OF CREDIT.—
(1) TERMS AND LIMITATIONS.—Section 184(b) of such title 
is amended—
(A) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) MAXIMUM
AMOUNTS.—The total amount of the line 
of credit shall not exceed 33 percent of the reasonably antici-
pated eligible project costs.’’; 
(B) in paragraph (3) by striking ‘‘, any debt service 
reserve fund, and any other available reserve’’ and inserting 
‘‘but not including reasonably required financing reserves’’; 
(C) in paragraph (4)—
(i) by striking ‘‘marketable’’; 
(ii) by striking ‘‘on which’’ and inserting ‘‘of execu-
tion of ’’; and 
(iii) by striking ‘‘is obligated’’ and inserting ‘‘agree-
ment’’; 
(D) in paragraph (5)(A)(i) by inserting ‘‘that also secure 
the senior project obligations’’ after ‘‘sources’’; and 
(E) in paragraph (6) by striking ‘‘line of credit’’ and 
inserting ‘‘full amount of the line of credit, to the extent 
not drawn upon,’’. 
(2) REPAYMENT.—Section 184(c) of such title is amended—
(A) in paragraph (2)—
(i) by striking ‘‘scheduled’’; 
(ii) by inserting ‘‘be scheduled to’’ after ‘‘shall’’; 
and 
(iii) by striking ‘‘be fully repaid, with interest,’’ 
and inserting ‘‘to conclude, with full repayment of prin-
cipal and interest,’’; and 
(B) by striking paragraph (3). 
(f) PROGRAM ADMINISTRATION.—Section 185 of such title is 
amended to read as follows: 
‘‘§ 185. Program administration 
‘‘(a) REQUIREMENT.—The Secretary shall establish a uniform 
system to service the Federal credit instruments made available 
under this subchapter. 
‘‘(b) FEES.—
H. R. 3—99
‘‘(1) IN GENERAL.—The Secretary may collect and spend 
fees, contingent upon authority being provided in appropria-
tions Acts, at a level that is sufficient to cover—
‘‘(A) the costs of services of expert firms retained pursu-
ant to subsection (d); and 
‘‘(B) all or a portion of the costs to the Federal Govern-
ment of servicing the Federal credit instruments. 
‘‘(c) SERVICER.—
‘‘(1) IN GENERAL.—The Secretary may appoint a financial 
entity to assist the Secretary in servicing the Federal credit 
instruments. 
‘‘(2) DUTIES.—The servicer shall act as the agent for the 
Secretary. 
‘‘(3) FEE.—The servicer shall receive a servicing fee, subject 
to approval by the Secretary. 
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may 
retain the services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments.’’. 
(g) FUNDING.—Section 188 of such title is amended to read 
as follows: 
‘‘§ 188. Funding 
‘‘(a) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this subchapter $122,000,000 for each 
of fiscal years 2005 through 2009. 
‘‘(2) AVAILABILITY.—Amounts made available to carry out 
this chapter shall remain available until expended. 
‘‘(3) ADMINISTRATIVE COSTS.—From funds made available 
to carry out this chapter, the Secretary may use, for the 
administration of this subchapter, not more than $2,200,000 
for each of fiscal years 2005 through 2009. 
‘‘(b) CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
law, approval by the Secretary of a Federal credit instrument 
that uses funds made available under this subchapter shall 
impose upon the United States a contractual obligation to fund 
the Federal credit investment. 
‘‘(2) AVAILABILITY.—Amounts authorized under this section 
for a fiscal year shall be available for obligation on October 
1 of the fiscal year.’’. 
(h) DATES FOR SUBMISSION OF REPORTS.—Section 189 of such 
title is amended—
(1) by striking the section designation and heading and 
inserting the following: 
‘‘§ 189. Reports to Congress’’; 
(2) by striking ‘‘Not later than 4 years after the date 
of enactment of this subchapter,’’ and inserting ‘‘On June 1, 
2006, and every 2 years thereafter,’’; and 
(3) by striking ‘‘subchapter’’ each place it appears and 
inserting ‘‘chapter (other than section 610)’’.
H. R. 3—100
(i) CLERICAL AMENDMENT.—The analysis for chapter 1 of such 
title is amended by striking the item relating to section 185 and 
inserting the following:
‘‘185. Program administration.’’.
SEC. 1602. STATE INFRASTRUCTURE BANKS. 
(a) IN GENERAL.—Subchapter II of chapter 1 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘§ 190. State infrastructure bank program 
‘‘(a) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) CAPITAL PROJECT.—The term ‘capital project’ has the 
meaning such term has under section 5302 of title 49. 
‘‘(2) OTHER FORMS OF CREDIT ASSISTANCE.—The term ‘other 
forms of credit assistance’ includes any use of funds in an 
infrastructure bank—
‘‘(A) to provide credit enhancements; 
‘‘(B) to serve as a capital reserve for bond or debt 
instrument financing; 
‘‘(C) to subsidize interest rates; 
‘‘(D) to insure or guarantee letters of credit and credit 
instruments against credit risk of loss; 
‘‘(E) to finance purchase and lease agreements with 
respect to transit projects; 
‘‘(F) to provide bond or debt financing instrument secu-
rity; and 
‘‘(G) to provide other forms of debt financing and 
methods of leveraging funds that are approved by the Sec-
retary and that relate to the project with respect to which 
such assistance is being provided. 
‘‘(3) STATE.—The term ‘State’ has the meaning such term 
has under section 401. 
‘‘(4) CAPITALIZATION.—The term ‘capitalization’ means the 
process used for depositing funds as initial capital into a State 
infrastructure bank to establish the infrastructure bank. 
‘‘(5) COOPERATIVE
AGREEMENT.—The term ‘cooperative 
agreement’ means written consent between a State and the 
Secretary which sets forth the manner in which the infrastruc-
ture bank established by the State in accordance with this 
section will be administered. 
‘‘(6) LOAN.—The term ‘loan’ means any form of direct finan-
cial assistance from a State infrastructure bank that is required 
to be repaid over a period of time and that is provided to 
a project sponsor for all or part of the costs of the project. 
‘‘(7) GUARANTEE.—The term ‘guarantee’ means a contract 
entered into by a State infrastructure bank in which the bank 
agrees to take responsibility for all or a portion of a project 
sponsor’s financial obligations for a project under specified 
conditions. 
‘‘(8) INITIAL
ASSISTANCE.—The term ‘initial assistance’ 
means the first round of funds that are loaned or used for 
credit enhancement by a State infrastructure bank for projects 
eligible for assistance under this section. 
‘‘(9) LEVERAGE.—The term ‘leverage’ means a financial 
structure used to increase funds in a State infrastructure bank 
through the issuance of debt instruments.
H. R. 3—101
‘‘(10) LEVERAGED.—The term ‘leveraged’, as used with 
respect to a State infrastructure bank, means that the bank 
has total potential liabilities that exceed the capital of the 
bank. 
‘‘(b) COOPERATIVE AGREEMENTS.—Subject to the provisions of 
this section, the Secretary may enter into cooperative agreements 
with States for the establishment of State infrastructure banks 
for making loans and providing other forms of credit assistance 
to public and private entities carrying out or proposing to carry 
out projects eligible for assistance under this section. 
‘‘(c) INTERSTATE COMPACTS.—
‘‘(1) IN GENERAL.—Congress grants consent to two or more 
of the States, entering into a cooperative agreement under 
subsection (a) with the Secretary for the establishment by 
such States of a multistate infrastructure bank in accordance 
with this section, to enter into an interstate compact estab-
lishing such bank in accordance with this section. 
‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend, 
or repeal interstate compacts entered into under this subsection 
is expressly reserved. 
‘‘(d) FUNDING.—
‘‘(1) HIGHWAY ACCOUNT.—Subject to subsection (j), the Sec-
retary may permit a State entering into a cooperative agree-
ment under this section to establish a State infrastructure 
bank to deposit into the highway account of the bank not 
to exceed—
‘‘(A) 10 percent of the funds apportioned to the State 
for each of fiscal years 2005 through 2009 under each 
of sections 104(b)(1), 104(b)(3), 104(b)(4), and 144; and 
‘‘(B) 10 percent of the funds allocated to the State 
for each of such fiscal years under section 105. 
‘‘(2) TRANSIT ACCOUNT.—Subject to subsection (j), the Sec-
retary may permit a State entering into a cooperative agree-
ment under this section to establish a State infrastructure 
bank, and any other recipient of Federal assistance under sec-
tion 5307, 5309, or 5311 of title 49, to deposit into the transit 
account of the bank not to exceed 10 percent of the funds 
made available to the State or other recipient in each of fiscal 
years 2005 through 2009 for capital projects under each of 
such sections. 
‘‘(3) RAIL ACCOUNT.—Subject to subsection (j), the Secretary 
may permit a State entering into a cooperative agreement 
under this section to establish a State infrastructure bank, 
and any other recipient of Federal assistance under subtitle 
V of title 49, to deposit into the rail account of the bank 
funds made available to the State or other recipient in each 
of fiscal years 2005 through 2009 for capital projects under 
such subtitle. 
‘‘(4) CAPITAL GRANTS.—
‘‘(A) HIGHWAY ACCOUNT.—Federal funds deposited into 
a highway account of a State infrastructure bank under 
paragraph (1) shall constitute for purposes of this section 
a capitalization grant for the highway account of the bank. 
‘‘(B) TRANSIT ACCOUNT.—Federal funds deposited into 
a transit account of a State infrastructure bank under 
paragraph (2) shall constitute for purposes of this section 
a capitalization grant for the transit account of the bank.
H. R. 3—102
‘‘(C) RAIL ACCOUNT.—Federal funds deposited into a 
rail account of a State infrastructure bank under paragraph 
3 shall constitute for purposes of this section a capitaliza-
tion grant for the rail account of the bank. 
‘‘(5) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.—
Funds in a State infrastructure bank that are attributed to 
urbanized areas of a State with urbanized populations of over 
200,000 under section 133(d)(3) may be used to provide assist-
ance with respect to a project only if the metropolitan planning 
organization designated for such area concurs, in writing, with 
the provision of such assistance. 
‘‘(6) DISCONTINUANCE OF FUNDING.—If the Secretary deter-
mines that a State is not implementing the State’s infrastruc-
ture bank in accordance with a cooperative agreement entered 
into under subsection (b), the Secretary may prohibit the State 
from contributing additional Federal funds to the bank. 
‘‘(e) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.—
An infrastructure bank established under this section may make 
loans or provide other forms of credit assistance to a public or 
private entity in an amount equal to all or a part of the cost 
of carrying out a project eligible for assistance under this section. 
The amount of any loan or other form of credit assistance provided 
for the project may be subordinated to any other debt financing 
for the project. Initial assistance provided with respect to a project 
from Federal funds deposited into an infrastructure bank under 
this section may not be made in the form of a grant. 
‘‘(f) ELIGIBLE PROJECTS.—Subject to subsection (e), funds in 
an infrastructure bank established under this section may be used 
only to provide assistance for projects eligible for assistance under 
this title and capital projects defined in section 5302 of title 49, 
and any other projects relating to surface transportation that the 
Secretary determines to be appropriate. 
‘‘(g) INFRASTRUCTURE BANK REQUIREMENTS.—In order to estab-
lish an infrastructure bank under this section, the State estab-
lishing the bank shall—
‘‘(1) deposit in cash, at a minimum, into each account 
of the bank from non-Federal sources an amount equal to 
25 percent of the amount of each capitalization grant made 
to the State and deposited into such account; except that, 
if the deposit is into the highway account of the bank and 
the State has a non-Federal share under section 120(b) that 
is less than 25 percent, the percentage to be deposited from 
non-Federal sources shall be the lower percentage of such grant; 
‘‘(2) ensure that the bank maintains on a continuing basis 
an investment grade rating on its debt, or has a sufficient 
level of bond or debt financing instrument insurance, to main-
tain the viability of the bank; 
‘‘(3) ensure that investment income derived from funds 
deposited to an account of the bank are—
‘‘(A) credited to the account; 
‘‘(B) available for use in providing loans and other 
forms of credit assistance to projects eligible for assistance 
from the account; and 
‘‘(C) invested in United States Treasury securities, 
bank deposits, or such other financing instruments as the 
Secretary may approve to earn interest to enhance the 
leveraging of projects assisted by the bank;
H. R. 3—103
‘‘(4) ensure that any loan from the bank will bear interest 
at or below market interest rates, as determined by the State, 
to make the project that is the subject of the loan feasible; 
‘‘(5) ensure that repayment of any loan from the bank 
will commence not later than 5 years after the project has 
been completed or, in the case of a highway project, the facility 
has opened to traffic, whichever is later; 
‘‘(6) ensure that the term for repaying any loan will not 
exceed 30 years after the date of the first payment on the 
loan; and 
‘‘(7) require the bank to make an annual report to the 
Secretary on its status no later than September 30 of each 
year and such other reports as the Secretary may require 
under guidelines issued to carry out this section. 
‘‘(h) APPLICABILITY OF FEDERAL LAW.—
‘‘(1) IN GENERAL.—The requirements of this title and title 
49 that would otherwise apply to funds made available under 
this title or such title and projects assisted with those funds 
shall apply to—
‘‘(A) funds made available under this title or such 
title and contributed to an infrastructure bank established 
under this section, including the non-Federal contribution 
required under subsection (g); and 
‘‘(B) projects assisted by the bank through the use 
of the funds, 
except to the extent that the Secretary determines that any 
requirement of such title (other than sections 113 and 114 
of this title and section 5333 of title 49) is not consistent 
with the objectives of this section. 
‘‘(2) REPAYMENTS.—The requirements of this title and title 
49 shall apply to repayments from non-Federal sources to an 
infrastructure bank from projects assisted by the bank. Such 
a repayment shall be considered to be Federal funds. 
‘‘(i) UNITED STATES NOT OBLIGATED.—The deposit of Federal 
funds into an infrastructure bank established under this section 
shall not be construed as a commitment, guarantee, or obligation 
on the part of the United States to any third party, nor shall 
any third party have any right against the United States for pay-
ment solely by virtue of the contribution. Any security or debt-
financing instrument issued by the infrastructure bank shall 
expressly state that the security or instrument does not constitute 
a commitment, guarantee, or obligation of the United States. 
‘‘(j) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503 
of title 31 shall not apply to funds deposited into an infrastructure 
bank under this section. 
‘‘(k) PROGRAM ADMINISTRATION.—For each of fiscal years 2005 
through 2009, a State may expend not to exceed 2 percent of 
the Federal funds contributed to an infrastructure bank established 
by the State under this section to pay the reasonable costs of 
administering the bank.’’. 
(b) PREPARATORY AMENDMENTS.—
(1) SECTION 181.—Section 181 of such title is amended—
(A) by striking the section designator and heading 
and inserting the following:
H. R. 3—104
‘‘§ 181. Generally applicable provisions’’;
(B) by striking ‘‘In this subchapter’’ and inserting the 
following: 
‘‘(a) DEFINITIONS.—In this chapter’’; 
(C) in paragraph (5) by striking ‘‘184’’ and inserting 
‘‘604’’; 
(D) in paragraph (11) (as redesignated by section 
1601(a) of this Act) by striking ‘‘183’’ and inserting ‘‘603’’; 
and 
(E) by adding at the end the following: 
‘‘(b) TREATMENT OF CHAPTER.—For purposes of this title, this 
chapter shall be treated as being part of chapter 1.’’. 
(2) SECTION 182.—Section 182(b)(2)(A)(viii) of such title 
is amended by inserting ‘‘and chapter 1’’ after ‘‘this chapter’’. 
(3) SECTION 183.—Section 183(a)(3) of such title is amended 
by striking ‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B)’’. 
(4) SECTION 184.—Section 184 of such title is amended—
(A) in subsection (a)(1) by striking ‘‘182’’ and inserting 
‘‘602’’; 
(B) in subsection (a)(3) by striking ‘‘182(b)(2)(B)’’ and 
inserting ‘‘602(b)(2)(B)’’; and 
(C) in subsection (b)(10) by striking ‘‘183’’ and inserting 
‘‘603’’. 
(5) REFERENCES IN SUBCHAPTER.—Subchapter II of chapter 
1 of such title is amended by striking ‘‘this subchapter’’ each 
place it appears and inserting ‘‘this chapter’’. 
(6) SUBCHAPTER HEADINGS.—Chapter 1 of such title is fur-
ther amended—
(A) by striking ‘‘SUBCHAPTER I—GENERAL PROVI-
SIONS’’ preceding section 101; and 
(B) by striking ‘‘SUBCHAPTER II—INFRASTRUC-
TURE FINANCE’’ preceding section 181. 
(c) CHAPTER 6.—Such title is further amended by adding at 
the end the following: 
‘‘CHAPTER 6—INFRASTRUCTURE FINANCE
‘‘Sec. 
‘‘601. Generally applicable provisions. 
‘‘602. Determination of eligibility and project selection. 
‘‘603. Secured loans. 
‘‘604. Lines of credit. 
‘‘605. Program administration. 
‘‘606. State and local permits. 
‘‘607. Regulations. 
‘‘608. Funding. 
‘‘609. Reports to Congress. 
‘‘610. State infrastructure bank program.’’.
(d) MOVING
AND
REDESIGNATING.—Such title is further 
amended—
(1) by redesignating sections 181 through 189 as sections 
601 through 609, respectively; 
(2) by moving such sections from chapter 1 to chapter 
6 (as added by subsection (c)); and 
(3) by inserting such sections after the analysis for chapter 
6. 
(e) ANALYSIS FOR CHAPTER 1 AND TABLE OF CHAPTERS.—
(1) ANALYSIS FOR CHAPTER 1.—The analysis for chapter 
1 of such title is amended—
H. R. 3—105
(A) by striking the headings for subchapters I and 
II; and 
(B) by striking the items relating to sections 181 
through 189. 
(2) TABLE OF CHAPTERS.—The table of chapters for such 
title is amended by inserting after the item relating to chapter 
5 the following:
‘‘6. Infrastructure Finance ..................................................................................... 601.’’.
SEC. 1603. USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE 
PROJECTS. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) ELIGIBLE FUNDS.—
(A) IN
GENERAL.—The term ‘‘eligible funds’’ means 
excess funds or inactive funds for a specific transportation 
project or activity that were—
(i) allocated before fiscal year 1991; and 
(ii) designated in a public law, or a report accom-
panying a public law, for allocation for the specific 
surface transportation project or activity. 
(B) INCLUSION.—The term ‘‘eligible funds’’ includes 
funds described in subparagraph (A) that were allocated 
and designated for a demonstration project. 
(2) EXCESS FUNDS.—The term ‘‘excess funds’’ means—
(A) funds obligated for a specific transportation project 
or activity that remain available for the project or activity 
after the project or activity has been completed or canceled; 
or 
(B) an unobligated balance of funds allocated for a 
transportation project or activity that the State in which 
the project or activity was to be carried out certifies are 
no longer needed for the project or activity. 
(3) INACTIVE FUNDS.—The term ‘‘inactive funds’’ means—
(A) an obligated balance of Federal funds for an eligible 
transportation project or activity against which no expendi-
tures have been charged during any 1-year period begin-
ning after the date of obligation of the funds; and 
(B) funds that are available to carry out a transpor-
tation project or activity in a State, but, as certified by 
the State, are unlikely to be advanced for the project or 
activity during the 1-year period beginning on the date 
of certification. 
(b) AVAILABILITY FOR STP PURPOSES.—Eligible funds shall be—
(1) made available in accordance with this section to the 
State that originally received the funds; and 
(2) available for obligation for any eligible purpose under 
section 133 of title 23, United States Code. 
(c) RETENTION FOR ORIGINAL PURPOSE.—
(1) IN
GENERAL.—The Secretary may determine that 
eligible funds identified as inactive funds shall remain available 
for the purpose for which the funds were initially made avail-
able if the applicable State certifies that the funds are necessary 
for that initial purpose. 
(2) REPORT.—A certification provided by a State under 
paragraph (1) shall include a report on the status of, and
H. R. 3—106
an estimated completion date for, the project that is the subject 
of the certification. 
(d) AUTHORITY
TO OBLIGATE.—Notwithstanding the original 
source or period of availability of eligible funds, the Secretary 
may, on the request by a State—
(1) obligate the funds for any eligible purpose under section 
133 of title 23, United States Code; or 
(2)(A) deobligate the funds; and 
(B) reobligate the funds for any eligible purpose under 
that section. 
(e) APPLICABILITY.—
(1) IN
GENERAL.—Subject to paragraph (2), this section 
applies only to eligible funds. 
(2) DISCRETIONARY ALLOCATIONS; SECTION 125 PROJECTS.—
This section does not apply to funds that are—
(A) allocated at the discretion of the Secretary and 
for which the Secretary has the authority to withdraw 
the allocation for use on other projects; or 
(B) made available to carry out projects under section 
125 of title 23, United States Code. 
(f) PERIOD OF AVAILABILITY; TITLE 23 REQUIREMENTS.—
(1) IN GENERAL.—Notwithstanding the original source or 
period of availability of eligible funds obligated, or deobligated 
and reobligated, under subsection (d), the eligible funds—
(A) shall remain available for obligation for a period 
of 3 fiscal years after the fiscal year in which this Act 
is enacted; and 
(B) except as provided in paragraph (2), shall be subject 
to the requirements of title 23, United States Code, that 
apply to section 133 of that title, including provisions 
relating to Federal share. 
(2) EXCEPTION.—With respect to eligible funds described 
in paragraph (1)—
(A) section 133(d) of title 23, United States Code, shall 
not apply; and 
(B) the period of availability of the eligible funds shall 
be determined in accordance with this section. 
(g) REPORT.—Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall submit 
to the Committee on Environment and Public Works of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report describing any action taken 
by the Secretary under this section. 
(h) SENSE OF CONGRESS REGARDING USE OF ELIGIBLE FUNDS.—
It is the sense of Congress that eligible funds made available 
under this Act or title 23, United States Code, should be available 
for obligation for transportation projects and activities in the same 
geographic region for which the eligible funds were initially made 
available. 
SEC. 1604. TOLLING. 
(a) VALUE PRICING PILOT PROGRAM.—Section 1012(b)(8) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 
149 note; 105 Stat. 1938) is amended—
(1) by redesignating subparagraphs (A) and (B) as subpara-
graphs (C) and (D), respectively; and
H. R. 3—107
(2) by inserting before subparagraph (C) (as redesignated 
by paragraph (1)) the following: 
‘‘(A) IN GENERAL.—There are authorized to be appro-
priated to the Secretary from the Highway Trust Fund 
(other than the Mass Transit Account) to carry out this 
subsection—
‘‘(i) for fiscal year 2005, $11,000,000; and 
‘‘(ii) for each of fiscal years 2006 through 2009, 
$12,000,000. 
‘‘(B) SET-ASIDE FOR PROJECTS NOT INVOLVING HIGHWAY 
TOLLS.—Of the amounts made available to carry out this 
subsection, $3,000,000 for each of fiscal years 2006 through 
2009 shall be available only for congestion pricing pilot 
projects that do not involve highway tolls.’’. 
(b) EXPRESS LANES DEMONSTRATION PROGRAM.—
(1) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
(A) ELIGIBLE TOLL FACILITY.—The term ‘‘eligible toll 
facility’’ includes—
(i) a facility in existence on the date of enactment 
of this Act that collects tolls; 
(ii) a facility in existence on the date of enactment 
of this Act that serves high occupancy vehicles; 
(iii) a facility modified or constructed after the 
date of enactment of this Act to create additional tolled 
lane capacity (including a facility constructed by a 
private entity or using private funds); and 
(iv) in the case of a new lane added to a previously 
non-tolled facility, only the new lane. 
(B) NONATTAINMENT AREA.—The term ‘‘nonattainment 
area’’ has the meaning given that term in section 171 
of the Clean Air Act (42 U.S.C. 7501). 
(2) DEMONSTRATION PROGRAM.—Notwithstanding sections 
129 and 301 of title 23, United States Code, the Secretary 
shall carry out 15 demonstration projects during the period 
of fiscal years 2005 through 2009 to permit States, public 
authorities, or a public or private entities designated by States, 
to collect a toll from motor vehicles at an eligible toll facility 
for any highway, bridge, or tunnel, including facilities on the 
Interstate System—
(A) to manage high levels of congestion; 
(B) to reduce emissions in a nonattainment area or 
maintenance area; or 
(C) to finance the expansion of a highway, for the 
purpose of reducing traffic congestion, by constructing one 
or more additional lanes (including bridge, tunnel, support, 
and other structures necessary for that construction) on 
the Interstate System. 
(3) LIMITATION ON USE OF REVENUES.—
(A) USE.—
(i) IN
GENERAL.—Toll revenues received under 
paragraph (2) shall be used by a State, public 
authority, or private entity designated by a State, for—
(I) debt service; 
(II) a reasonable return on investment of any 
private financing;
H. R. 3—108
(III) the costs necessary for proper operation 
and maintenance of any facilities under paragraph 
(2) (including reconstruction, resurfacing, restora-
tion, and rehabilitation); or 
(IV) if the State, public authority, or private 
entity annually certifies that the tolled facility is 
being adequately operated and maintained, any 
other purpose relating to a highway or transit 
project carried out under title 23 or 49, United 
States Code. 
(B) REQUIREMENTS.—
(i) VARIABLE PRICE REQUIREMENT.—A facility that 
charges tolls under this subsection may establish a 
toll that varies in price according to time of day or 
level of traffic, as appropriate to manage congestion 
or improve air quality. 
(ii) HOV VARIABLE
PRICING
REQUIREMENT.—The 
Secretary shall require, for each high occupancy vehicle 
facility that charges tolls under this subsection, that 
the tolls vary in price according to time of day or 
level of traffic, as appropriate to manage congestion 
or improve air quality. 
(iii) HOV PASSENGER REQUIREMENTS.—Pursuant to 
section 166 of title 23, United States Code, a State 
may permit motor vehicles with fewer than two occu-
pants to operate in high occupancy vehicle lanes as 
part of a variable toll pricing program established 
under this subsection. 
(C) AGREEMENT.—
(i) IN GENERAL.—Before the Secretary may permit 
a facility to charge tolls under this subsection, the 
Secretary and the applicable State, public authority, 
or private entity designated by a State shall enter 
into an agreement for each facility incorporating the 
conditions described in subparagraphs (A) and (B). 
(ii) TERMINATION.—An agreement under clause (i) 
shall terminate with respect to a facility upon the 
decision of the State, public authority, or private entity 
designated by a State to discontinue the variable 
tolling program under this subsection for the facility. 
(iii) DEBT.—If there is any debt outstanding on 
a facility at the time at which the decision is made 
to discontinue the program under this subsection with 
respect to the facility, the facility may continue to 
charge tolls in accordance with the terms of the agree-
ment until such time as the debt is retired. 
(D) LIMITATION ON FEDERAL SHARE.—The Federal share 
of the cost of a project on a facility tolled under this 
subsection, including a project to install the toll collection 
facility shall be a percentage, not to exceed 80 percent, 
determined by the applicable State. 
(4) ELIGIBILITY.—To be eligible to participate in the pro-
gram under this subsection, a State, public authority, or private 
entity designated by a State shall provide to the Secretary—
(A) a description of the congestion or air quality prob-
lems sought to be addressed under the program; 
(B) a description of—
H. R. 3—109
(i) the goals sought to be achieved under the pro-
gram; and 
(ii) the performance measures that would be used 
to gauge the success made toward reaching those goals; 
and 
(C) such other information as the Secretary may 
require. 
(5) AUTOMATION.—Fees collected from motorists using an 
express lane shall be collected only through the use of noncash 
electronic technology that optimizes the free flow of traffic 
on the tolled facility. 
(6) INTEROPERABILITY.—
(A) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall promul-
gate a final rule specifying requirements, standards, or 
performance specifications for automated toll collection sys-
tems implemented under this section. 
(B) DEVELOPMENT.—In developing that rule, which 
shall be designed to maximize the interoperability of elec-
tronic collection systems, the Secretary shall, to the max-
imum extent practicable—
(i) seek to accelerate progress toward the national 
goal of achieving a nationwide interoperable electronic 
toll collection system; 
(ii) take into account the use of noncash electronic 
technology currently deployed within an appropriate 
geographical area of travel and the noncash electronic 
technology likely to be in use within the next 5 years; 
and 
(iii) seek to minimize additional costs and maxi-
mize convenience to users of toll facility and to the 
toll facility owner or operator. 
(7) REPORTING.—
(A) IN GENERAL.—The Secretary, in cooperation with 
State and local agencies and other program participants 
and with opportunity for public comment, shall—
(i) develop and publish performance goals for each 
express lane project; 
(ii) establish a program for regular monitoring and 
reporting on the achievement of performance goals, 
including—
(I) effects on travel, traffic, and air quality; 
(II) distribution of benefits and burdens; 
(III) use of alternative transportation modes; 
and 
(IV) use of revenues to meet transportation 
or impact mitigation needs. 
(B) REPORTS
TO
CONGRESS.—The Secretary shall 
submit to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives—
(i) not later than 1 year after the date of enactment 
of this Act, and annually thereafter, a report that 
describes in detail the uses of funds under this sub-
section in accordance with paragraph (8)(D); and 
(ii) not later than 3 years after the date of enact-
ment of this Act, and every 3 years thereafter, a report
H. R. 3—110
that describes any success of the program under this 
subsection in meeting congestion reduction and other 
performance goals established for express lane pro-
grams. 
(c) INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall establish and 
implement an Interstate System construction toll pilot program 
under which the Secretary, notwithstanding sections 129 and 
301 of title 23, United States Code, may permit a State or 
an interstate compact of States to collect tolls on a highway, 
bridge, or tunnel on the Interstate System for the purpose 
of constructing Interstate highways. 
(2) LIMITATION ON NUMBER OF FACILITIES.—The Secretary 
may permit the collection of tolls under this section on three 
facilities on the Interstate System. 
(3) ELIGIBILITY.—To be eligible to participate in the pilot 
program, a State shall submit to the Secretary an application 
that contains, at a minimum, the following: 
(A) An identification of the facility on the Interstate 
System proposed to be a toll facility. 
(B) In the case of a facility that affects a metropolitan 
area, an assurance that the metropolitan planning 
organization designated under section 134 or 135 for the 
area has been consulted concerning the placement and 
amount of tolls on the facility. 
(C) An analysis demonstrating that financing the 
construction of the facility with the collection of tolls under 
the pilot program is the most efficient and economical 
way to advance the project. 
(D) A facility management plan that includes—
(i) a plan for implementing the imposition of tolls 
on the facility; 
(ii) a schedule and finance plan for the construction 
of the facility using toll revenues; 
(iii) a description of the public transportation 
agency that will be responsible for implementation and 
administration of the pilot program; 
(iv) a description of whether consideration will be 
given to privatizing the maintenance and operational 
aspects of the facility, while retaining legal and 
administrative control of the portion of the Interstate 
route; and 
(v) such other information as the Secretary may 
require. 
(4) SELECTION CRITERIA.—The Secretary may approve the 
application of a State under paragraph (3) only if the Secretary 
determines that—
(A) the State’s analysis under paragraph (3)(C) is 
reasonable; 
(B) the State plan for implementing tolls on the facility 
takes into account the interests of local, regional, and inter-
state travelers; 
(C) the State plan for construction of the facility using 
toll revenues is reasonable; 
(D) the State will develop, manage, and maintain a 
system that will automatically collect the tolls; and
H. R. 3—111
(E) the State has given preference to the use of a 
public toll agency with demonstrated capability to build, 
operate, and maintain a toll expressway system meeting 
criteria for the Interstate System. 
(5) PROHIBITION ON NONCOMPETE AGREEMENTS.—Before the 
Secretary may permit a State to participate in the pilot pro-
gram, the State must enter into an agreement with the Sec-
retary that provides that the State will not enter into an 
agreement with a private person under which the State is 
prevented from improving or expanding the capacity of public 
roads adjacent to the toll facility to address conditions resulting 
from traffic diverted to such roads from the toll facility, 
including—
(A) excessive congestion; 
(B) pavement wear; and 
(C) an increased incidence of traffic accidents, injuries, 
or fatalities. 
(6) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before the 
Secretary may permit a State to participate in the pilot pro-
gram, the State must enter into an agreement with the Sec-
retary that provides that—
(A) all toll revenues received from operation of the 
toll facility will be used only for—
(i) debt service; 
(ii) reasonable return on investment of any private 
person financing the project; and 
(iii) any costs necessary for the improvement of 
and the proper operation and maintenance of the toll 
facility, including reconstruction, resurfacing, restora-
tion, and rehabilitation of the toll facility; and 
(B) regular audits will be conducted to ensure compli-
ance with subparagraph (A) and the results of such audits 
will be transmitted to the Secretary. 
(7) LIMITATION
ON
USE
OF
INTERSTATE
MAINTENANCE 
FUNDS.—During the term of the pilot program, funds appor-
tioned for Interstate maintenance under section 104(b)(4) of 
title 23, United States Code, may not be used on a facility 
for which tolls are being collected under the program. 
(8) PROGRAM
TERM.—The Secretary may approve an 
application of a State for permission to collect a toll under 
this section only if the application is received by the Secretary 
before the last day of the 10-year period beginning on the 
date of enactment of this Act. 
(9) INTERSTATE SYSTEM DEFINED.—In this section, the term 
‘‘Interstate System’’ has the meaning such term has under 
section 101 of title 23, United States Code. 
Subtitle G—High Priority Projects 
SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM. 
(a) AUTHORIZATION
OF
HIGH
PRIORITY
PROJECTS.—Section 
117(a) of title 23, United States Code, is amended to read as 
follows: 
‘‘(a) AUTHORIZATION OF HIGH PRIORITY PROJECTS.—
H. R. 3—112
‘‘(1) IN
GENERAL.—The Secretary is authorized to carry 
out high priority projects with funds made available to carry 
out the high priority projects program under this section. 
‘‘(2) AVAILABILITY OF FUNDS.—
‘‘(A) FOR TEA–21.—Of amounts made available to carry 
out this section for fiscal years 1998 through 2003, the 
Secretary, subject to subsection (b), shall make available 
to carry out each project described in section 1602 of the 
Transportation Equity Act for the 21st Century the amount 
listed for such project in such section. 
‘‘(B) FOR SAFETEA–LU.—Of amounts made available to 
carry out this section for fiscal years 2005 through 2009, 
the Secretary, subject to subsection (b), shall make avail-
able to carry out each project described in section 1702 
of the SAFETEA–LU the amount listed for such project 
in such section. 
‘‘(3) AVAILABILITY OF UNALLOCATED FUNDS.—Any amounts 
made available to carry out such program that are not allocated 
for projects described in such section shall be available to 
the Secretary, subject to subsection (b), to carry out such other 
high priority projects as the Secretary determines appropriate.’’. 
(b) ALLOCATION PERCENTAGES.—Section 117(b) of such title is 
amended to read as follows: 
‘‘(b) FOR TEA–21.—For each project to be carried out with 
funds made available to carry out the high priority projects program 
under this section for fiscal years 1998 through 2003—
‘‘(1) 11 percent of such amount shall be available for obliga-
tion beginning in fiscal year 1998; 
‘‘(2) 15 percent of such amount shall be available for obliga-
tion beginning in fiscal year 1999; 
‘‘(3) 18 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2000; 
‘‘(4) 18 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2001; 
‘‘(5) 19 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2002; and 
‘‘(6) 19 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2003. 
‘‘(c) FOR SAFETEA–LU.—For each project to be carried out 
with funds made available to carry out the high priority projects 
program under this section for fiscal years 2005 through 2009—
‘‘(1) 20 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2005; 
‘‘(2) 20 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2006; 
‘‘(3) 20 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2007; 
‘‘(4) 20 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2008; and 
‘‘(5) 20 percent of such amount shall be available for obliga-
tion beginning in fiscal year 2009.’’. 
(c) ADVANCE CONSTRUCTION.—Section 117(e) of such title is 
amended—
(1) in paragraph (1) by inserting after ‘‘21st Century’’ the 
following: ‘‘or section 1701 of the SAFETEA–LU, as the case 
may be,’’; and
H. R. 3—113
(2) by striking ‘‘section 1602 of the Transportation Equity 
Act for the 21st Century.’’ and inserting ‘‘such section 1602 
or 1702, as the case may be.’’
(d) AVAILABILITY OF OBLIGATION LIMITATION.—Section 117(g) 
of such title is amended by inserting after ‘‘21st Century’’ the 
following: ‘‘or section 1102(g) of the SAFETEA–LU, as the case 
may be’’. 
(e) FEDERAL-STATE RELATIONSHIP.—Section 145(b) of such title 
is amended—
(1) by inserting after ‘‘described in’’ the following: ‘‘section 
1702 of the SAFETEA–LU,’’; 
(2) by inserting after ‘‘for such projects by’’ the following: 
‘‘section 1101(a)(16) of the SAFETEA–LU,’’; and 
(3) by striking ‘‘117 of title 23, United States Code,’’ and 
inserting ‘‘section 117 of this title,’’. 
SEC. 1702. PROJECT AUTHORIZATIONS. 
Subject to section 117 of title 23, United States Code, the 
amount listed for each high priority project in the following table 
shall be available (from amounts made available by section 
1101(a)(16) of this Act) for fiscal years 2005 through 2009 to carry 
out each such project:
Highway Projects
High Priority Projects 
No. 
State 
Project Description 
Amount 
CA 
Construct safe access to streets for bicyclists 
and pedestrians including crosswalks, side-
walks and traffic calming measures, Covina 
$400,000
CA 
Develop and implement ITS master plan in 
Anaheim ...........................................................
$800,000
TN 
Improve circuitry on vehicle protection device 
installed at highway/RR crossing in Athens, 
TN .....................................................................
$47,200
CA 
Builds a pedestrian bridge from Hiller Street 
to the Bay Trail, Belmont ...............................
$1,960,000
OH 
Renovate and expand National Packard Mu-
seum and adjacent historic Packard facilities 
$2,750,000
IL 
Land acquisition for the widening of Rt. 47 in 
Yorkville, IL .....................................................
$4,000,000
NE 
Interstate 80 Interchange at Pflug Road, 
Sarpy County, Nebraska .................................
$1,600,000
TX 
Construction of Segment #1 of Morrison Road 
for the City of Brownsville .............................
$1,600,000
MI 
I–96 at Latson Road Interchange improve-
ments ................................................................
$4,800,000
IL 
Preconstruction and Construction of IL 83 at 
IL 132 ...............................................................
$800,000
TN 
Add third lane on U.S. 27 (State Route 29) for 
truck-climbing lane and realignment of 
roadway at Wolf Creek Road to Old U.S. 27 
north of Robbins ..............................................
$4,800,000
MI 
Reconfiguration of U.S. 31 from the Manistee 
Bascule Bridge to Lincoln Street in the City 
of Manistee ......................................................
$600,000
AR 
Bentonville, Arkansas—Widen and improve I–
540 and SH 102 Interchange ..........................
$1,420,000
WA 
Interstate 5 and 41st Street/Broadway Inter-
change and Arterial Improvement Project, 
Everett ..............................................................
$3,180,000
H. R. 3—114
Highway Projects
High Priority Projects—Continued
No. 
State 
Project Description 
Amount 
CA 
Reconstruct and deep-lift asphalt on various 
roads throughout the district in Santa Bar-
bara County .....................................................
$4,000,000
OK 
Improving the I–35 Interchange at Milepost 1 
Near Thackerville ............................................
$1,600,000
NJ 
Laurel Avenue Bridge replacement in Holmdel 
Township ..........................................................
$800,000
OH 
Construct overpass over CSX Railroad on Co-
lumbia Road (State Route 252), Olmsted 
Falls ..................................................................
$448,000
TN 
Reconstruct and widen U.S. 72 from south of 
State Route 175 to State Route 57, Shelby 
County ..............................................................
$800,000
NY 
Construct 
roundabout 
at 
Oregon 
Road—
Westbrook Drive—Red Mill Road in Town of 
Cortlandt ..........................................................
$380,000
IL 
Construct Bike, Pedestrian Paths, Orland 
Hills ..................................................................
$320,000
PA 
Construct I–79/Rte 3025 missing ramps at 
Jackson Township, PA ....................................
$920,000
NY 
John Street Extension-Lehigh Station Road to 
Bailey Road in the Town of Henrietta ...........
$2,000,000
TX 
Extension of SH 349 to U.S. 87 Relief Route in 
Dawson County ...............................................
$2,000,000
IL 
Parking facility in Peoria, IL .............................
$800,000
IL 
Construct Interchange on Interstate 255/Davis 
Ferry Road, Dupo ............................................
$17,500,000
MN 
Construction and right-of-way acquisition for 
interchange at TH 65 and TH 242 in Blaine, 
MN ....................................................................
$3,200,000
CA 
Huntington Beach, Remove off-ramp on I–405 
at Beach Blvd. Construct fourth lane on I–
405 North, at the Beach Blvd. interchange ..
$400,000
TN 
Addition of an interchange on I–40 in Roane 
County at Buttermilk Road and I–40 ............
$2,400,000
NY 
Purchase Three Ferries and Establish System 
for Ferry Service from Rockaway Peninsula 
to Manhattan ...................................................
$15,000,000
IL 
Reconstruction 
of 
Mockingbird 
Lane 
and 
Stratford St, Granite City ..............................
$1,600,000
FL 
Construction a new multi-lane tunnel below 
the channel to link the Port of Miami on 
Dodge Island with I–395 on Watson Island 
and I–95 in Downtown Miami ........................
$400,000
MD 
Rehabilitation of West Baltimore Trail and 
Implementation of Pedestrian Improvements 
Along Associated Roadways ...........................
$720,000
TN 
Removal and Reconfiguration of Interstate 
Ramps/I–40 ......................................................
$2,400,000
CA 
Replace structurally unsafe Winters Bridge for 
vehicles, bicycles and pedestrians between 
Yolo and Solano Counties ...............................
$1,600,000
IL 
City of Havana, Illinois Upgrades to Broadway 
Street ................................................................
$762,058
MN 
Construction of Gitchi-Gami State Trail from 
Cascade River to Grand Marais .....................
$900,000
LA 
Develop master transportation plan for the 
New Orleans Regional Medical Center .........
$400,000
H. R. 3—115
Highway Projects
High Priority Projects—Continued
No. 
State 
Project Description 
Amount 
VA 
Final Design and Construction for improve-
ments at I–64 and City Line Road, Virginia 
Beach and Chesapeake ...................................
$800,000
MA 
Replacement of Cross Street Bridge spanning 
flood prone Aberjona River, Winchester ........
$800,000
NC 
Construction of and improvement to I–73, I–
74, and U.S. 220 in Montgomery and Ran-
dolph Counties, NC .........................................
$8,800,000
IA 
Access and transportation enhancements to 
access Lake Belva Deer, Sigourney ...............
$1,600,000
CA 
Roadway surface improvements, street light-
ing, and storm drain improvements to South 
Center Street from Baughman Road to State 
Route 78/86, Westmorland .............................
$640,000
TX 
Construct two connectors between SH 288 and 
Beltway 8 .........................................................
$1,800,000
NY 
Implement Central NY highway grade cross-
ing and grade separation project ...................
$1,600,000
CA 
Douglas St. Improvements, El Segundo ............
$3,200,000
MA 
Reconstruction of Massachusetts Avenue in-
cluding safety improvements and related pe-
destrian, bike way in Arlington .....................
$1,600,000
NY 
Reconstruction of Rt. 5, 8, 12 (North South Ar-
terial) Burrstone Rd. to Oriskany Circle, 
City of Utica .....................................................
$800,000
OK 
Construction of Norman highway-rail Grade 
Separation ........................................................
$1,600,000
PA 
Construction of the Montour Trail, Great Alle-
gheny Passage .................................................
$1,600,000
CA 
Route 1 San Pedro Creek Bridge replacement 
in Pacifica ........................................................
$2,500,000
MI 
South Lyon, 2nd St. between Warren and 
Haggadorn ........................................................
$100,000
PA 
Street improvements, Abington Township ........
$1,600,000
IA 
Study of a direct link to I–80, Pella ..................
$400,000
TN 
Knoxville, TN Cessna Rd. Improving At-Grade 
highway-railroad Crossings ............................
$76,800
OR 
Construct bike/pedestrian path, Powers ...........
$440,000
IL 
IL 29 from IL 6 to I–180—Phase 2 study and 
land acquisition ...............................................
$1,600,000
FL 
Construct a new bridge at Indian Street, Mar-
tin County ........................................................
$800,000
GA 
Improve sidewalks, upgrade lighting, and add 
landscaping in downtown Glennville .............
$400,000
LA 
Continue planning and construction of the 
New Orleans Regional Planning Commission 
Mississippi 
River 
trail 
in 
St. 
John, 
Plaquemines St. Bernard and St. Charles 
parishes ............................................................
$1,520,000
MO 
Road widening and curb and gutter improve-
ments on Hwy 33 in Kearney .........................
$2,400,000
TX 
The SH 146, Port Rd. direct connectors allows 
traffic bypass several rail lines and traffic 
signals at, near intersection of SH 146 and 
Port Rd .............................................................
$10,560,000
UT 
Reconstruct South Moore Cut-off Road in 
Emery County ..................................................
$7,500,000
PA 
Improvements to exits along Interstate 81 in 
Franklin County, PA—Antrim Road .............
$6,560,000
H. R. 3—116
Highway Projects
High Priority Projects—Continued
No. 
State 
Project Description 
Amount 
OH 
Plan and construct the Southeast Arterial 
Connector highway at Delaware, Ohio ..........
$4,480,000
TN 
To construct transportation enhancements on 
a multi-faceted greenway in downtown Co-
lumbia on the Duck River ..............................
$6,400,000
RI 
New Interchange constructed from I–195 to 
Taunton and Warren Avenue in East Provi-
dence .................................................................
$4,640,000
NY 
Town of Chester reconstruction of Walton 
Lake Estates subdivision and related roads
$64,000
NC 
Extend M.L. King, Jr., Boulevard in Monroe ...
$1,600,000
NY 
Town of Fishkill Old Glenham Road (aka 
Washington Ave.) reconstruction ...................
$260,400
PA 
U.S. Route 13 Corridor Reconstruction, Rede-
velopment and Beautification, Bucks County 
$4,000,000
NY 
Rochester and Southern Highway-Rail Grade 
Crossing Bypass, Silver Springs, New York
$1,464,000
IL 
Upgrade streets in the City of Rushville, IL ....
$800,000
MO 
Construct 2 lanes on Chouteau Trafficway 
from MO 210 to I–35 .......................................
$1,600,000
AZ 
U.S. 60 to Gonzalez Pass ....................................
$3,040,000
LA 
Interstate lighting system (I–10 and LA 93) ....
$240,000
...............................................................................
$0
WA 
SR 704 Cross-Base Highway, Spanaway Loop 
Road to SR 7 ....................................................
$1,200,000
NY 
Village of Brewster Main Street and Route 6 
related construction and improvements ........
$780,000
PA 
Design and construct relocation of U.S. 11 be-
tween Ridge Hill and Hempt Roads ..............
$4,544,000
VA 
Improve Route 42 (Main Street) in Bridge-
water, Virginia .................................................
$400,000
NY 
Construction of Route 59 Palisades Interstate 
Parkway to Route 303 .....................................
$1,000,000
IL 
Improve University Drive, Macomb ..................
$400,000
CA 
Adams Street Rehabilitation Project, Glendale 
$310,400
NY 
Construct grade separation-interchange be-
tween Taconic Parkway and Pudding Street 
$1,160,000
IA 
Construction of 100th St. interchange on I–35/
I–80, Urbandale ...............................................
$800,000
MO 
Lewis and Clark Expressway ............................
$1,600,000
PA 
Mercer County, PA I–79 and PA 208 Inter-
change Improvement Project ..........................
$2,400,000
WA 
Plan to relieve traffic until North-South free-
way Hwy 2 .......................................................
$440,000
CA 
San Diego River Multiuse Bicycle and Pedes-
trian Path .........................................................
$400,000
PA 
Construction of the Lafayette Street extension 
project in Montgomery County, PA ...............
$9,120,000
NJ 
Construct new ramps between I–295 and 
Route 42 ...........................................................
$4,000,000
PA 
Construct SR 29 Wal-mart to River Better-
ment, Eaton Tunkhannock, Wyoming Coun-
ty .......................................................................
$1,360,000
WV 
Construct Shawnee Parkway .............................
$880,000
FL 
Improve pedestrian and bicycle sidewalks, 
lighting, and ADA ramps—Main Street, 
Canal Street, Miramar ....................................
$480,000
MN 
Reconstruct CSAH 19 from CSAH 36 to CSAH 
2, Morrison County .........................................
$160,000
H. R. 3—117
Highway Projects
High Priority Projects—Continued
No. 
State 
Project Description 
Amount 
TN 
Develop trails, bike paths and recreational fa-
cilities on Bird Mountain, Morgan County 
for Cumberland Trail State Park ...................
$200,000
MN 
Lyndale Avenue Bridge, Richfield .....................
$13,000,000
MI 
Provide a bypass around the Village of Almont 
during M–53 reconstruction which is contig-
uous with Macomb County .............................
$80,000
100
NY 
Town of Wallkill new construction road-tunnel 
under Rt. 17 .....................................................
$800,000
101
NY 
Village of Cold Spring Main Street and ancil-
lary road and sidewalk improvements ..........
$656,000
102
IL 
West Ridge Nature Preserve, Chicago ..............
$2,800,000
103
TN 
Widen Campbell Station Road in Knoxville, 
TN .....................................................................
$1,440,000
104
AL 
Widen Hwy 84 to 4 lanes west of I–65 from 
Evergreen to Monroeville and beyond to the 
State of AL line ...............................................
$4,800,000
105
MS 
Widen State Highway 57 from I–10 through 
Vancleave .........................................................
$4,800,000
106
WA 
Widening SR 527 from 2 lanes to 5 from 
Bothell to Mill Creek ......................................
$1,200,000
107
TX 
Paving of County Roads 3230 and 3240 con-
necting FM 1158 to FM 1159 Northeast of 
Clarksville, TX .................................................
$1,000,000
108
MI 
Construct improvements to Finkbeiner Road 
from Patterson Road to Whitneyville Road 
in Barry County, and new bridge over 
Thornapple River .............................................
$3,520,000
109
PA 
York Road improvements from Horsham Road 
to Summit Avenue, Borough of Hatboro .......
$1,000,000
110
OH 
Construct Highland Road pedestrian path and 
intersection improvements at Highland and 
Bishop Roads in the City of Highland 
Heights, OH .....................................................
$489,600
111
WI 
Reconstruct Wisconsin State Highway 21 at I–
94 interchange .................................................
$2,400,000
112
MN 
Safety improvements and intersection en-
hancements of TH 95 and TH 169, Princeton 
$1,440,000
113
NY 
Wading River Bicycle and Pedestrian Project 
in Riverhead ....................................................
$960,000
114
FL 
Widen County Line Road (CR 578) from 
Suncoast Parkway to U.S. 41 to four lanes ...
$4,800,000
115
IL 
Improve Great River Road, Warsaw .................
$600,000
116
WA 
SR 518 3rd lane construction, King County .....
$1,600,000
117
FL 
Construct East Central Regional Rail Trail in 
Volusia County, Florida ..................................
$800,000
118
MO 
Y Highway U.S. 71 to MO 58, Cass County .....
$1,600,000
119
WY 
WYO 59 Reconstruction .....................................
$1,600,000
120
LA 
Plan and construct bike/pedestrian crossings 
of Washington-Palmetto Canal in the vicin-
ity of Xavier University, New Orleans ..........
$3,200,000
121
NC 
Winston-Salem Northern Beltway, Eastern 
Section and Extension, NC .............................
$4,000,000
122
CA 
Willow and Herndon Traffic Flow Improve-
ments, City of Clovis, California ....................
$240,000
123
MO 
U.S. 71 at Y Highway North and Southbound 
Ramps ...............................................................
$1,600,000