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‘‘(B) MINIMUM NUMBER OF OCCUPANTS.—
Except as provided in paragraph (3), an occu-
pancy requirement established under subpara-
graph (A) shall—
‘‘(i) require at least 2 occupants per
vehicle for a vehicle operating on a high oc-
cupancy vehicle lane; and
‘‘(ii) in the case of a high occupancy
vehicle lane that traverses an adjacent
State, be established in consultation with
the adjacent State.
‘‘(3) EXCEPTIONS TO HOV OCCUPANCY REQUIRE-
MENTS.—
‘‘(A) MOTORCYCLES.—For the purpose of
this subsection, a motorcycle—
‘‘(i) shall not be considered to be a sin-
gle occupant vehicle; and
‘‘(ii) shall be allowed to use a high oc-
cupancy vehicle lane unless a responsible
agency—
‘‘(I) certifies to the Secretary the
use of a high occupancy vehicle lane by
a motorcycle would create a safety haz-
ard; and
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‘‘(II) restricts that the use of the
high occupancy vehicle lane by motor-
cycles.
‘‘(B) LOW
EMISSION
AND
ENERGY-EFFI-
CIENT VEHICLES.—
‘‘(i) DEFINITION
OF
LOW
EMISSION
AND ENERGY-EFFICIENT VEHICLE.—In this
subparagraph, the term ‘low emission and
energy-efficient vehicle’ means a vehicle
that—
‘‘(I) meets Tier II emission levels
established in regulations promulgated
by the Administrator of the Environ-
mental Protection Agency under sec-
tion 202(i) of the Clean Air Act (42
U.S.C. 7521(i)) for that make and
model year; and
‘‘(I)(aa) is certified by the Admin-
istrator of the Environmental Protec-
tion Agency, in consultation with the
manufacturer, to have achieved not less
than a 50-percent increase in city fuel
economy or not less than a 25-percent
increase in combined city-highway fuel
economy relative to a comparable vehi-
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cle that is an internal combustion gas-
oline fueled vehicle (other than a vehi-
cle that has propulsion energy from on-
board hybrid sources); or
‘‘(bb) is a dedicated alternative
fueled vehicle under section 301 of the
Energy Policy Act of 1992 (42 U.S.C.
13211).
‘‘(ii) COMPARABLE
VEHICLE
DETER-
MINATION.—Not later than 180 days after
the date of enactment of the Safe, Afford-
able, Flexible, and Efficient Transportation
Equity Act of 2005, the Administrator of
the Environmental Protection Agency, in
accordance with section 32908(b) of title 49,
United States Code, shall establish guide-
lines and procedures for making the vehicle
comparisons and performance calculations
described in clause (i)(I)(aa).
‘‘(iii) HOV LANE PERFORMANCE.—
‘‘(I) IN
GENERAL.—The respon-
sible agency may not permit quali-
fying low emission and energy-efficient
vehicles that do not meet applicable oc-
cupancy requirements (as determined
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by the responsible agency) to use high
occupancy vehicle lanes if the perform-
ance of the lanes is seriously degraded.
‘‘(II) 
MANAGEMENT.—In 
man-
aging the use of high occupancy vehicle
lanes by low emission and energy effi-
cient vehicles that do not meet applica-
ble occupancy requirements, the re-
sponsible agency may increase the per-
centages described in clause (i)(I)(aa).
‘‘(iv) EXEMPTION FOR LOW EMISSION
AND ENERGY-EFFICIENT VEHICLES.—A re-
sponsible agency may permit qualifying low
emission and energy-efficient vehicles that
do not meet applicable occupancy require-
ments (as determined by the responsible
agency) to use high occupancy vehicle lanes
if the responsible agency—
‘‘(I) establishes a program that
addresses how those qualifying low
emission and energy-efficient vehicles
are selected and certified;
‘‘(II) establishes requirements for
labeling qualifying low emission and
energy-efficient vehicles (including pro-
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cedures for enforcing those require-
ments);
‘‘(III) 
continuously 
monitors,
evaluates, and reports to the Secretary
on performance; and
‘‘(IV) imposes such restrictions on
the use on high occupancy vehicle lanes
by vehicles that do not satisfy estab-
lished occupancy requirements as are
necessary to ensure that the perform-
ance of individual high occupancy ve-
hicle lanes, and the entire high occu-
pancy vehicle lane system, will not be-
come seriously degraded.
‘‘(C) TOLLING OF VEHICLES.—
‘‘(i) IN GENERAL.—A responsible agen-
cy may permit vehicles, in addition to the
vehicles described in paragraphs (A), (B),
and (D) that do not satisfy established occu-
pancy requirements, to use a high occu-
pancy vehicle lane only if the responsible
agency charges those vehicles a toll.
‘‘(ii) APPLICABLE AUTHORITY.—In im-
posing a toll under clause (i), a responsible
agency shall—
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‘‘(I) be subject to section 129;
‘‘(II) establish a toll program that
addresses ways in which motorists may
enroll and participate in the program;
‘‘(III) 
develop, 
manage, 
and
maintain a system that will automati-
cally collect the tolls from covered vehi-
cles;
‘‘(IV) 
continuously 
monitor,
evaluate, and report on performance of
the system;
‘‘(V) establish such policies and
procedures as are necessary—
‘‘(aa) to vary the toll charged
in order to manage the demand
for use of high occupancy vehicle
lanes; and
‘‘(bb) to enforce violations;
and
‘‘(VI) establish procedures to im-
pose such restrictions on the use of high
occupancy vehicle lanes by vehicles that
do not satisfy established occupancy re-
quirements as are necessary to ensure
that the performance of individual
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high occupancy vehicle lanes, and the
entire high occupancy vehicle lane sys-
tem, will not become seriously de-
graded.
‘‘(D) 
DESIGNATED
PUBLIC
TRANSPOR-
TATION VEHICLES.—
‘‘(i) DEFINITION OF DESIGNATED PUB-
LIC
TRANSPORTATION
VEHICLE.—In this
subparagraph, the term ‘designated public
transportation vehicle’ means a vehicle
that—
‘‘(I) provides designated public
transportation (as defined in section
221 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12141)); and
‘‘(II)(aa) is owned or operated by
a public entity; or
‘‘(bb) is operated under a contract
with a public entity.
‘‘(ii) USE OF HIGH OCCUPANCY VEHI-
CLE
LANES.—A responsible agency may
permit designated public transportation ve-
hicles that do not satisfy established occu-
pancy requirements to use high occupancy
vehicle lanes if the responsible agency—
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‘‘(I) requires the clear and identi-
fiable labeling of each designated pub-
lic transportation vehicle operating
under a contract with a public entity
with the name of the public entity on
all sides of the vehicle;
‘‘(II) continuously monitors, eval-
uates, and reports on performance of
those designated public transportation
vehicles; and
‘‘(III) imposes such restrictions on
the use of high occupancy vehicle lanes
by designated public transportation ve-
hicles as are necessary to ensure that
the performance of individual high oc-
cupancy vehicle lanes, and the entire
high occupancy vehicle lane system,
will not become seriously degraded.
‘‘(E) HOV LANE MANAGEMENT, OPERATION,
AND MONITORING.—
‘‘(i) IN GENERAL.—A responsible agen-
cy that permits any of the exceptions speci-
fied in this paragraph shall comply with
clauses (ii) and (iii).
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‘‘(ii) 
PERFORMANCE
MONITORING,
EVALUATION, AND REPORTING.—A respon-
sible agency described in clause (i) shall es-
tablish, manage, and support a performance
monitoring, evaluation, and reporting pro-
gram under which the responsible agency
continuously monitors, assesses, and reports
on the effects that any vehicle permitted to
use a high occupancy vehicle lane under an
exception under this paragraph may have
on the operation of—
‘‘(I) individual high occupancy
vehicle lanes; and
‘‘(II) the entire high occupancy
vehicle lane system.
‘‘(iii) OPERATION
OF
HOV
LANE
OR
SYSTEM.—A responsible agency described in
clause (i) shall limit use of, or cease to use,
any of the exceptions specified in this para-
graph if the presence of any vehicle per-
mitted to use a high occupancy vehicle lane
under an exception under this paragraph
seriously degrades the operation of—
‘‘(I) individual high occupancy
vehicle lanes; and
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‘‘(II) the entire high occupancy
vehicle lane system.’’.
SEC. 1607. BICYCLE TRANSPORTATION AND PEDESTRIAN
WALKWAYS.
(a) IN GENERAL.—Section 217 of title 23, United
States Code, is amended—
(1) in subsection (a), by inserting ‘‘pedestrian
and’’ after ‘‘safe’’;
(2) in subsection (e), by striking ‘‘bicycles’’ each
place it appears and inserting ‘‘pedestrians or
bicyclists’’;
(3) by striking subsection (f) and inserting the
following:
‘‘(f) FEDERAL SHARE.—The Federal share of the con-
struction of bicycle transportation facilities and pedestrian
walkways, and for carrying out nonconstruction projects re-
lating to safe pedestrian and bicycle use, shall be deter-
mined in accordance with section 120(b).’’;
(4) by redesignating subsection (j) as subsection
(k);
(5) by inserting after subsection (i) the following:
‘‘(j) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
‘‘(1) IN
GENERAL.—The Secretary shall select
and make grants to a national, nonprofit organiza-
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tion engaged in promoting bicycle and pedestrian
safety—
‘‘(A) to operate a national bicycle and pe-
destrian clearinghouse;
‘‘(B) to develop information and edu-
cational programs regarding walking and bicy-
cling; and
‘‘(C) to disseminate techniques and strate-
gies for improving bicycle and pedestrian safety.
‘‘(2) FUNDING.—The Secretary may use funds
set aside under section 104(n) to carry out this sub-
section.
‘‘(3) APPLICABILITY OF TITLE 23.—Funds au-
thorized to be appropriated to carry out this sub-
section shall be available for obligation in the same
manner as if the funds were apportioned under sec-
tion 104, except that the funds shall remain available
until expended.’’; and
(6) in subsection (k) (as redesignated by para-
graph (4))—
(A) by redesignating paragraph (4) as
paragraph (5); and
(B) by inserting after paragraph (3) the fol-
lowing:
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‘‘(4) SHARED USE PATH.—The term ‘shared use
path’ means a multiuse trail or other path that is—
‘‘(A) physically separated from motorized
vehicular traffic by an open space or barrier, ei-
ther within a highway right-of-way or within an
independent right-of-way; and
‘‘(B) usable for transportation purposes (in-
cluding by pedestrians, bicyclists, skaters, eques-
trians, and other nonmotorized users).’’.
(b) RESERVATION OF FUNDS.—Section 104 of title 23,
United States Code (as amended by section 1522), is
amended by adding at the end the following:
‘‘(n) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
On October 1 of each of fiscal years 2005 through 2009,
the Secretary, after making the deductions authorized by
subsections (a) and (f), shall set aside $469,314 of the re-
maining funds apportioned under subsection (b)(3) for use
in carrying out the bicycle and pedestrian safety grant pro-
gram under section 217.’’.
SEC. 1608. IDLING REDUCTION FACILITIES IN INTERSTATE
RIGHTS-OF-WAY.
Section 111 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(d) IDLING REDUCTION FACILITIES IN INTERSTATE
RIGHTS-OF-WAY.—
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‘‘(1) IN GENERAL.—Notwithstanding subsection
(a), a State may—
‘‘(A) permit electrification or other idling
reduction facilities and equipment, for use by
motor vehicles used for commercial purposes, to
be placed in rest and recreation areas, and in
safety rest areas, constructed or located on
rights-of-way of the Interstate System in the
State, so long as those idling reduction measures
do not—
‘‘(i) reduce the existing number of des-
ignated truck parking spaces at any given
rest or recreation area; or
‘‘(ii) preclude the use of those spaces by
trucks employing alternative idle reduction
technologies; and
‘‘(B) charge a fee, or permit the charging of
a fee, for the use of those parking spaces actively
providing power to a truck to reduce idling.
‘‘(2) PURPOSE.—The exclusive purpose of the fa-
cilities described in paragraph (1) (or similar tech-
nologies) shall be to enable operators of motor vehicles
used for commercial purposes—
‘‘(A) to reduce idling of a truck while
parked in the rest or recreation area; and
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‘‘(B) to use installed or other equipment
specifically designed to reduce idling of a truck,
or provide alternative power for supporting driv-
er comfort, while parked.’’.
SEC. 1609. TOLL PROGRAMS.
(a) INTERSTATE SYSTEM RECONSTRUCTION AND RE-
HABILITATION PILOT PROGRAM.—Section 1216(b) of the
Transportation Equity Act for the 21st Century (23 U.S.C.
129 note; 112 Stat. 212)—
(1) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘The Secretary’’ and
inserting ‘‘Notwithstanding section 301, the
Secretary’’; and
(ii) by striking ‘‘that could not other-
wise be adequately maintained or function-
ally improved without the collection of
tolls’’;
(B) by striking paragraph (2) and inserting
the following:
‘‘(2) LIMITATION.—The Secretary may permit
the collection of tolls under this subsection on 1 facil-
ity in the State of Virginia.’’;
(C) in paragraph (3), by striking subpara-
graph (C) and inserting the following:
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‘‘(C) An analysis demonstrating that fi-
nancing the reconstruction or rehabilitation of
the facility with the collection of tolls under this
pilot program is the most efficient, economical,
or expeditious way to advance the project.’’; and
(D) in paragraph (4)—
(i) by striking subparagraph (A) and
inserting the following:
‘‘(A) the State’s analysis showing that fi-
nancing the reconstruction or rehabilitation of a
facility with the collection of tolls under the pilot
program is the most efficient, economical, or ex-
peditious way to advance the project;’’;
(ii) by striking subparagraph (B) and
inserting the following:
‘‘(B) the facility needs reconstruction or re-
habilitation, including major work that may re-
quire replacing sections of the existing facility on
new alignment;’’;
(iii) by striking subparagraph (C);
and
(iv) by redesignating subparagraphs
(D) and (E) as subparagraphs (C) and (D),
respectively;
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(2) is redesignated as subsection (d) of section
129 of title 23, United States Code, and moved to ap-
pear at the end of that section; and
(3) by striking ‘‘of title 23, United States Code’’
each place it appears.
(b) FAST AND SENSIBLE TOLL (FAST) LANES PRO-
GRAM.—Section 129 of title 23, United States Code (as
amended by subsection (a)(2)), is amended by adding at
the end the following:
‘‘(e) FAST AND SENSIBLE TOLL (FAST) LANES PRO-
GRAM.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE TOLL FACILITY.—The term
‘eligible toll facility’ includes—
‘‘(i) a facility in existence on the date
of enactment of this subsection that collects
tolls;
‘‘(ii) a facility in existence on the date
of enactment of this subsection that serves
high occupancy vehicles;
‘‘(iii) a facility modified or constructed
after the date of enactment of this subsection
to create additional tolled capacity (includ-
ing a facility constructed by a private enti-
ty or using private funds); and
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‘‘(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 the
term in section 171 of the Clean Air Act (42
U.S.C. 7501).
‘‘(2) 
ESTABLISHMENT.—Notwithstanding 
sec-
tions 129 and 301, the Secretary shall permit a State,
public authority, or a public or private entity des-
ignated by a State, to collect a toll from motor vehi-
cles 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 nonattain-
ment area or maintenance area; or
‘‘(C) to finance the expansion of a highway,
for the purpose of reducing traffic congestion, by
constructing 1 or more additional lanes (includ-
ing bridge, tunnel, support, and other structures
necessary for that construction) on the Interstate
System.
‘‘(3) LIMITATION ON USE OF REVENUES.—
‘‘(A) USE.—
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‘‘(i) IN
GENERAL.—Toll revenues re-
ceived under paragraph (2) shall be used by
a State, public authority, or private entity
designated by a State, for—
‘‘(I) debt service for debt incurred
on 1 or more highway or transit
projects carried out under this title or
title 49;
‘‘(II) a reasonable return on in-
vestment of any private financing;
‘‘(III) the costs necessary for
proper operation and maintenance of
any facilities under paragraph (2) (in-
cluding 
reconstruction, 
resurfacing,
restoration, and rehabilitation); or
‘‘(IV) if the State, public author-
ity, or private entity annually certifies
that the tolled facility is being ade-
quately operated and maintained, any
other purpose relating to a highway or
transit project carried out under this
title or title 49.
‘‘(B) REQUIREMENTS.—
‘‘(i) VARIABLE PRICE REQUIREMENT.—
A facility that charges tolls under this sub-
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section 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
RE-
QUIREMENT.—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
REQUIRE-
MENTS.—In addition to the exceptions to
the high occupancy vehicle passenger re-
quirements 
established 
under 
section
102(a)(2), a State may permit motor vehi-
cles with fewer than 2 occupants 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 Sec-
retary may permit a facility to charge tolls
under this subsection, the Secretary and the
applicable State, public authority, or pri-
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vate entity designated by a State shall enter
into an agreement for each facility incor-
porating the conditions described in sub-
paragraphs (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 des-
ignated by a State to discontinue the vari-
able tolling program under this subsection
for the facility.
‘‘(iii) DEBT.—
‘‘(I) IN GENERAL.—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 agreement until such time as the
debt is retired.
‘‘(II) NOTICE.—On retirement of
the debt of a tolled facility, the appli-
cable State, public authority, or pri-
vate entity designated by a State shall
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provide notice to the public of that re-
tirement.
‘‘(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, deter-
mined by the applicable State.
‘‘(4) ELIGIBILITY.—To be eligible to participate
in the program 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 problems sought to be addressed under
the program;
‘‘(B) a description of—
‘‘(i) the goals sought to be achieved
under the program; and
‘‘(ii) the performance measures that
would be used to gauge the success made to-
ward reaching those goals; and
‘‘(C) such other information as the Sec-
retary may require.
‘‘(5) AUTOMATION.—Fees collected from motorists
using a FAST lane shall be collected only through the
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use of noncash electronic technology that optimizes the
free flow of traffic on the tolled facility.
‘‘(6) INTEROPERABILITY.—
‘‘(A) RULE.—
‘‘(i) IN GENERAL.—Not later than 180
days after the date of enactment of this
paragraph, the Secretary shall promulgate
a final rule specifying requirements, stand-
ards, or performance specifications for auto-
mated toll collection systems implemented
under this section.
‘‘(ii) DEVELOPMENT.—In developing
that rule, which shall be designed to maxi-
mize the interoperability of electronic collec-
tion systems, the Secretary shall, to the
maximum extent practicable—
‘‘(I) seek to accelerate progress to-
ward 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 geo-
graphical area of travel and the
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noncash electronic technology likely to
be in use within the next 5 years; and
‘‘(III) seek to minimize additional
costs and maximize convenience to
users of toll facility and to the toll fa-
cility owner or operator.
‘‘(B) FUTURE MODIFICATIONS.—As the state
of technology progresses, the Secretary shall mod-
ify the rule promulgated under subparagraph
(A), as appropriate.
‘‘(7) REPORTING.—
‘‘(A) IN GENERAL.—The Secretary, in co-
operation with State and local agencies and
other program participants and with oppor-
tunity for public comment, shall—
‘‘(i) develop and publish performance
goals for each FAST lane project;
‘‘(ii) establish a program for regular
monitoring and reporting on the achieve-
ment of performance goals, including—
‘‘(I) effects on travel, traffic, and
air quality;
‘‘(II) distribution of benefits and
burdens;