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eligible for replacement or rehabilitation under this 
section.’’. 
(b) BRIDGE DISCRETIONARY SET-ASIDE.—Section 
144(g)(1) of such title is amended by adding at the end 
the following: 
‘‘(D) FISCAL YEARS 2004 THROUGH 2009.—
Of the amounts authorized to be appropriated 
to carry out the bridge program under this sec-
tion for each of the fiscal years 2004 through 
2009, all but $100,000,000 shall be appor-
tioned as provided in subsection (e). Such 
$100,000,000 shall be available at the discre-
tion of the Secretary; except that $25,000,000 
shall be available only for projects for the seis-
mic 
retrofit 
of 
bridges, 
and 
of 
which 
$10,000,000 shall be available only for the seis-
mic retrofit of a bridge described in subsection 
(l), and except as provided in subparagraph 
(E). 
‘‘(E) GRAVINA ACCESS.—
‘‘(i) IN
GENERAL.—Of the amounts 
authorized to be appropriated to carry out 
the bridge program under this paragraph, 
for each of the fiscal years 2005 through 
2009, $10,000,000 shall be set aside from
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the $100,000,000 available at the discre-
tion of the Secretary under subparagraph 
(D) for the construction of a bridge joining 
the Island of Gravina to the community of 
Ketchikan in Alaska. 
‘‘(ii) SCORING.—The project described 
in this subparagraph shall not be counted 
for purposes of the reduction set forth in 
the fourth sentence of subsection (e).’’. 
(c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of 
such title is amended—
(1) by striking ‘‘15 percent’’ and inserting ‘‘20 
percent’’; 
(2) by striking ‘‘1987’’ and inserting ‘‘2005’’; 
(3) by striking ‘‘2004’’ the first place it apears 
and all that follows through ‘‘2005,’’ and inserting 
‘‘2009 for the bridge program,’’; 
(4) by inserting ‘‘, perform systematic preven-
tive maintenance,’’ after ‘‘paint’’; and 
(5) by inserting a comma before ‘‘to highway 
bridges’’. 
(d) TECHNICAL AMENDMENT.—Section 144(i) of 
such title is amended by striking ‘‘at the same time’’ and 
all that follows through ‘‘Congress’’.
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SEC. 1115. TRANSPORTATION AND COMMUNITY AND SYS-
TEM PRESERVATION PROGRAM. 
(a) EXTENSION.—Section 1221(e)(1) of Transpor-
tation Equity Act for the 21st Century (23 U.S.C. 101 
note; 112 Stat. 223; 118 Stat. 879; 118 Stat. 1149) is 
amended—
(1) by striking ‘‘1999 and’’ and inserting 
‘‘1999,’’; and 
(2) by striking ‘‘2004’’ the first place it appears 
and all that follows through ‘‘2005’’ and inserting 
the following: ‘‘, and $25,000,000 for fiscal year 
2004, 
$30,000,000 
for 
fiscal 
year 
2005, 
$35,000,000 for fiscal year 2006, $35,000,000,000 
for fiscal year 2007, and $35,000,000 for each of 
fiscal years 2008 and 2009’’. 
(b) FEDERAL SHARE.—Section 1221(e)(2) of such 
Act is amended by inserting before the period at the end 
‘‘; except that such funds shall not be transferable and 
the Federal share for projects and activities carried out 
with such funds shall be determined in accordance with 
section 120(b) of title 23, United States Code’’. 
(c) PLANNING ACTIVITIES PILOT PROGRAM.—Sec-
tion 1221 of such Act is amended by adding at the end 
the following: 
‘‘(f) PLANNING ACTIVITIES PILOT PROGRAM.—
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‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a pilot program using funds set aside under 
paragraph (4) to support planning and public par-
ticipation activities related to highway and public 
transportation projects. 
‘‘(2) ELIGIBLE ACTIVITIES.—Activities eligible 
to be carried out under the pilot program may in-
clude the following: 
‘‘(A) Improving data collection and anal-
ysis to improve freight movement, intermodal 
connections, and transportation access and effi-
ciency for all users, including children, older in-
dividuals, individuals with disabilities, low-in-
come individuals, and minority communities. 
‘‘(B) Supporting public participation by 
holding public meetings using an interactive 
workshop format facilitated by design or plan-
ning experts (or both) to consider public input 
at the initial stages of project development and 
during other phases of a project. 
‘‘(C) Using innovative planning or design 
visualization and simulation tools to improve 
the evaluation of alternatives and their impacts 
and to enhance public participation in the 
transportation planning process, including tools
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having a structure that enables modifications to 
scenarios and assumptions in real time. 
‘‘(D) Enhancing coordination among trans-
portation, land use, workforce development, 
human service, economic development, and 
other agencies to strengthen access to job train-
ing services, daycare centers, health care facili-
ties, senior centers, public schools, universities, 
and residential areas, including the use of inte-
grated planning and service delivery, especially 
for transit dependent and low-income individ-
uals. 
‘‘(E) Contracting with nonprofit organiza-
tions, universities, and local agencies to deliver 
community-oriented transportation plans and 
projects, including public outreach, context sen-
sitive 
design, 
transit-oriented 
development, 
multimodal corridor investments, commuter 
benefits deployment, and brownfield redevelop-
ment. 
‘‘(F) Measuring and reporting on the an-
nual performance of the transportation system 
(or parts of) relative to State or locally-estab-
lished criteria regarding—
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‘‘(i) maintenance and operating costs 
of the transportation system, vehicle miles 
traveled, peak-period travel times, trans-
portation choices, and mode shares; 
‘‘(ii) location of housing units, jobs, 
medical facilities, and commercial centers 
to transit; 
‘‘(iii) improvements directed to low-in-
come families and older individuals; 
‘‘(iv) transportation-related pollution 
emissions into the air and water; 
‘‘(v) land consumption; and 
‘‘(vi) other locally-significant factors. 
‘‘(G) Improving regional travel and emis-
sion modeling to examine factors not currently 
considered, such as induced travel and land use 
effects of transportation alternatives, types of 
vehicles owned and used by households, time-of-
day of travel and linkage of trips to each other 
throughout the day, effects of urban design and 
pedestrian and bicycle environment on travel 
behavior, and impacts of alternatives on the dis-
tribution of benefits and burdens among various 
groups protected under title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.).
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‘‘(3) FEDERAL SHARE.—Notwithstanding sub-
section (e)(2), the Federal share of the cost of ac-
tivities carried out under the pilot program shall be 
100 percent. 
‘‘(4) SET
ASIDE.—The Secretary shall make 
available $1,500,000 of the amounts made available 
to carry out this section for each of fiscal years 
2005 through 2009 to carry out the pilot program 
under this subsection.’’. 
SEC. 
1116. 
DEPLOYMENT 
OF 
MAGNETIC 
LEVITATION 
TRANSPORTATION PROJECTS. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’—
(A) means the capital cost of the fixed 
guideway infrastructure of a MAGLEV project, 
including land, piers, guideways, propulsion 
equipment and other components attached to 
guideways, power distribution facilities (includ-
ing substations), control and communications 
facilities, access roads, and storage, repair, and 
maintenance facilities, but not including costs 
incurred for a new station; and
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(B) includes the costs of preconstruction 
planning activities. 
(2) FULL
PROJECT
COSTS.—The term ‘‘full 
project costs’’ means the total capital costs of a 
MAGLEV project, including eligible project costs 
and the costs of stations, vehicles, and equipment. 
(3) MAGLEV.—The term ‘‘MAGLEV’’ means 
transportation systems employing magnetic levita-
tion that would be capable of safe use by the public 
at a speed in excess of 240 miles per hour. 
(4) STATE.—The term ‘‘State’’ has the mean-
ing such term has under section 101(a) of title 23, 
United States Code. 
(b) IN GENERAL.—
(1) ASSISTANCE
FOR
ELIGIBLE
PROJECTS.—
The Secretary shall make available financial assist-
ance to pay the Federal share of full project costs 
of eligible projects authorized by this section. 
(2) USE OF ASSISTANCE.—Financial assistance 
provided under paragraph (1) shall be used only to 
pay eligible project costs of projects authorized by 
this section. 
(3) APPLICABILITY OF OTHER LAWS.—Finan-
cial assistance made available under this section, 
and projects assisted with such assistance, shall be
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subject to section 5333(a) of title 49, United States 
Code. 
(c) PROJECT ELIGIBILITY.—To be eligible to receive 
financial assistance under subsection (b), a project shall—
(1) involve a segment or segments of a high-
speed ground transportation corridor; 
(2) result in an operating transportation facility 
that provides a revenue producing service; and 
(3) be approved by the Secretary based on an 
application submitted to the Secretary by a State or 
authority designated by 1 or more States. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section $15,000,000 for fiscal year 2005 and 
$20,000,000 for each of fiscal years 2006 through 2009. 
(e) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by this sec-
tion shall be available for obligation in the same manner 
as if such funds were apportioned under chapter 1 of title 
23, United States Code; except that the Federal share of 
the full project costs of an eligible project shall be 80 per-
cent, and such funds shall remain available until expended 
and shall not be transferable.
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SEC. 1117. RECREATIONAL TRAILS. 
(a) RECREATIONAL TRAILS PROGRAM FORMULA.—
Section 104(h)(1) of title 23, United States Code, is 
amended by striking ‘‘research and technical’’ and all that 
follows through ‘‘Committee’’ and inserting ‘‘research, 
technical assistance, and training under the recreational 
trails program’’. 
(b) PERMISSIBLE USES.—Section 206(d)(2) of such 
title is amended to read as follows: 
‘‘(2) PERMISSIBLE USES.—Permissible uses of 
funds apportioned to a State for a fiscal year to 
carry out this section include—
‘‘(A) maintenance and restoration of exist-
ing recreational trails; 
‘‘(B) development and rehabilitation of 
trailside and trailhead facilities and trail link-
ages for recreational trails; 
‘‘(C) purchase and lease of recreational 
trail construction and maintenance equipment; 
‘‘(D) construction of new recreational 
trails, except that, in the case of new rec-
reational trails crossing Federal lands, con-
struction of the trails shall be—
‘‘(i) permissible under other law; 
‘‘(ii) necessary and recommended by a 
statewide comprehensive outdoor recreation
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plan that is required by the Land and 
Water Conservation Fund Act of 1965 (16 
U.S.C. 460l–4 et seq.) and that is in ef-
fect; 
‘‘(iii) approved by the administering 
agency of the State designated under sub-
section (c)(1); and 
‘‘(iv) approved by each Federal agency 
having jurisdiction over the affected lands 
under such terms and conditions as the 
head of the Federal agency determines to 
be appropriate, except that the approval 
shall be contingent on compliance by the 
Federal agency with all applicable laws, in-
cluding the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), the 
Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1600 et seq.), and the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1701 et seq.); 
‘‘(E) acquisition of easements and fee sim-
ple title to property for recreational trails or 
recreational trail corridors;
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‘‘(F) assessment of trail conditions for ac-
cessibility and maintenance; 
‘‘(G) operation of educational programs to 
promote safety and environmental protection as 
those objectives relate to the use of recreational 
trails, but in an amount not to exceed 5 percent 
of the apportionment made to the State for the 
fiscal year; and 
‘‘(H) payment of costs to the State in-
curred in administering the program, but in an 
amount not to exceed 7 percent of the appor-
tionment made to the State for the fiscal year 
to carry out this section.’’. 
(c) USE OF APPORTIONMENTS.—Section 206(d)(3) 
of such title is amended—
(1) by striking subparagraph (C); 
(2) by redesignating subparagraph (D) as sub-
paragraph (C); and 
(3) in subparagraph (C) (as so redesignated) by 
striking ‘‘(2)(F)’’ and inserting ‘‘(2)(H)’’. 
(d) FEDERAL SHARE.—Section 206(f) of such title 
is amended—
(1) in paragraph (1)—
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(A) by inserting ‘‘and the Federal share of 
the administrative costs of a State’’ after 
‘‘project’’; and 
(B) by striking ‘‘not exceed 80 percent’’ 
and inserting ‘‘be determined in accordance 
with section 120(b)’’; 
(2) in paragraph (2)(A) by striking ‘‘80 percent 
of’’ and inserting ‘‘the amount determined in accord-
ance with section 120(b) for’’; 
(3) in paragraph (2)(B) by inserting ‘‘spon-
soring the project’’ after ‘‘Federal agency’’; 
(4) by striking paragraph (5); 
(5) by redesignating paragraph (4) as para-
graph (5); 
(6) in paragraph (5) (as so redesignated) by 
striking ‘‘80 percent’’ and inserting ‘‘the Federal 
share as determined in accordance with section 
120(b)’’; and 
(7) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) USE OF RECREATIONAL TRAILS PROGRAM 
FUNDS
TO
MATCH
OTHER
FEDERAL
PROGRAM 
FUNDS.—Notwithstanding any other provision of 
law, funds made available under this section may be
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used toward the non-Federal matching share for 
other Federal program funds that are—
‘‘(A) expended in accordance with the re-
quirements of the Federal program relating to 
activities funded and populations served; and 
‘‘(B) expended on a project that is eligible 
for assistance under this section.’’. 
(e) PLANNING AND ENVIRONMENTAL ASSESSMENT 
COSTS INCURRED PRIOR TO PROJECT APPROVAL.—Sec-
tion 206(h)(1) of such title is amended by adding at the 
end the following: 
‘‘(C) PLANNING AND ENVIRONMENTAL AS-
SESSMENT COSTS INCURRED PRIOR TO PROJECT 
APPROVAL.—The Secretary may allow pre-ap-
proval planning and environmental compliance 
costs to be credited toward the non-Federal 
share of the cost of a project described under 
subsection (d)(2) (other than subparagraph (I)) 
in accordance with subsection (f), limited to 
costs incurred less than 18 months prior to 
project approval.’’. 
(f) ENCOURAGEMENT OF USE OF YOUTH CONSERVA-
TION OR SERVICE CORPS.—The Secretary shall encourage 
the States to enter into contracts and cooperative agree-
ments with qualified youth conservation or service corps
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to perform construction and maintenance of recreational 
trails under section 206 of title 23, United States Code. 
SEC. 1118. FEDERAL LANDS HIGHWAYS. 
(a) CONTRACTS
AND AGREEMENTS WITH INDIAN 
TRIBES.—Section 202(d)(3) of title 23, United States 
Code, is amended to read as follows: 
‘‘(3) CONTRACTS AND AGREEMENTS WITH IN-
DIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available to an Indian 
tribal government under this title for a high-
way, road, bridge, parkway, or transit facility 
project that is located on an Indian reservation 
or provides access to the reservation or a com-
munity of the Indian tribe shall be made avail-
able, on the request of the Indian tribal govern-
ment, to the Indian tribal government for use 
in carrying out, in accordance with the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), contracts and 
agreements for the planning, research, engi-
neering, and construction relating to such 
project.
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‘‘(B) EXCLUSION OF AGENCY PARTICIPA-
TION.—In accordance with subparagraph (A), 
all funds for a project to which subparagraph 
(A) applies shall be paid to the Indian tribal 
government without regard to the organiza-
tional level at which the Department of the In-
terior has previously carried out, or the Depart-
ment of Transportation has previously carried 
out under the Federal lands highway programs, 
the programs, functions, services, or activities 
involved. 
‘‘(C) CONSORTIA.—Two or more Indian 
tribes that are otherwise eligible to participate 
in a project to which this title applies may form 
a consortium to be considered as a single In-
dian tribe for the purpose of participating in 
the project under this section. 
‘‘(D) FUNDING.—The amount an Indian 
tribal government receives for a project under 
subparagraph (A) shall equal the sum of the 
funding that the Indian tribal government 
would otherwise receive for the project in ac-
cordance with the funding formula established 
under this subsection and such additional 
amount as the Secretary determines equal the
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amounts that would have been withheld for the 
costs of the Bureau of Indian Affairs for ad-
ministration of the project. 
‘‘(E) ELIGIBILITY.—An Indian tribal gov-
ernment may receive funding under subpara-
graph (A) for a project in a fiscal year if the 
Indian tribal government demonstrates to the 
satisfaction of the Secretary financial stability 
and financial management capability as dem-
onstrated in the annual auditing required under 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) and, 
during the preceding fiscal year, had no uncor-
rected significant and material audit exceptions 
in the required annual audit of the Indian 
tribe’s self-determination contracts or self-gov-
ernance funding agreements with any Federal 
agency. 
‘‘(F) ASSUMPTION OF FUNCTIONS AND DU-
TIES.—An Indian tribal government receiving 
funding under subparagraph (A) for a project 
shall assume all functions and duties that the 
Secretary of the Interior would have performed 
with respect to projects under this chapter, 
other than those functions and duties that in-
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herently cannot be legally transferred under the 
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b et seq.). 
‘‘(G) POWERS.—An Indian tribal govern-
ment receiving funding under subparagraph (A) 
for a project shall have all powers that the Sec-
retary of the Interior would have exercised in 
administering the funds transferred to the In-
dian tribal government for such project under 
this section if such funds had not been trans-
ferred, except to the extent that such powers 
are powers that inherently cannot be legally 
transferred under the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 
450b et seq.). 
‘‘(H) DISPUTE RESOLUTION.—In the event 
of a disagreement between the Secretary of 
Transportation or the Secretary of the Interior 
and an Indian tribe over whether a particular 
function, duty, or power may be lawfully trans-
ferred under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b et 
seq.), the Indian tribe shall have the right to 
pursue all alternative dispute resolutions and 
appeal procedures authorized by such Act, in-