SECTION 1. SHORT TITLE, TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Transportation Equity Act: A Legacy for Users’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title, table of contents.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorization of Programs
Sec. 1101. Authorizations of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Project approval and oversight.
Sec. 1106. Temporary traffic control devices.
Sec. 1107. Revenue aligned budget authority.
Sec. 1108. Emergency relief.
Sec. 1109. Surface transportation program.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. Appalachian development highway system.
Sec. 1112. Construction of ferry boats and ferry terminal facilities.
Sec. 1113. Interstate maintenance discretionary.
Sec. 1114. Highway bridge.
Sec. 1115. Transportation and community and system preservation program.
Sec. 1116. Deployment of magnetic levitation transportation projects.
Sec. 1117. Recreational trails.
Sec. 1118. Federal lands Highways.
Sec. 1119. Conservation measures.
Sec. 1120. Pedestrian and cyclist equity.
Sec. 1121. National commissions.
Sec. 1122. Adjustments for the Surface Transportation Extension Act of 2003.
Sec. 1123. Roadway safety.
Sec. 1124. Equity requirement.
Subtitle B—Congestion Relief
Sec. 1201. Motor vehicle congestion relief.
Sec. 1202. Transportation systems management and operations.
Sec. 1203. Real-time system management information program.
Sec. 1204. Expedited national intelligent transportation systems deployment
program.
Sec. 1205. Intelligent transportation systems deployment.
Sec. 1206. Environmental review of activities that support deployment of intel-
ligent transportation systems.
Sec. 1207. State assumption of responsibility for certain programs and projects.
Sec. 1208. Repeal.
Sec. 1209. Congestion pricing pilot program.
Subtitle C—Mobility and Efficiency
Sec. 1301. National corridor infrastructure improvement program.
Sec. 1302. Coordinated border infrastructure program.
Sec. 1303. Freight intermodal connectors.
Sec. 1304. Projects of national and regional significance.
Sec. 1305. Dedicated truck lanes.
Sec. 1306. Truck parking facilities.
Subtitle D—Highway Safety
Sec. 1401. Highway safety improvement program.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic.
Sec. 1403. High risk rural road safety improvement program.
Sec. 1404. Transfers of apportionments to safety programs.
Sec. 1405. Safety incentive grants for use of seat belts.
Sec. 1406. Safety incentives to prevent operation of motor vehicles by intoxi-
cated persons.
Sec. 1407. Repeat offenders for driving while intoxicated.
Sec. 1408. Repair or replacement of highway features on National Highway
System.
Subtitle E—Construction and Contract Efficiencies
Sec. 1501. Design–build.
Sec. 1502. Warranty Highway Construction Project Pilot Program.
Sec. 1503. Private investment study.
Sec. 1504. Highways for LIFE pilot program.
Subtitle F—Finance
Sec. 1601. Transportation Infrastructure Finance and Innovation Act.
Sec. 1602. State infrastructure banks.
Sec. 1603. FAST fees.
Sec. 1604. Toll feasibility.
Sec. 1605. Use of excess funds.
Subtitle G—High Priority Projects
Sec. 1701. High priority projects program.
Sec. 1702. Project authorizations.
Subtitle H—Miscellaneous Provisions
Sec. 1801. Budget justification.
Sec. 1802. Motorist Information.
Sec. 1803. Motorist information concerning full service restaurants.
Sec. 1804. High priority corridors on the National Highway System.
Sec. 1805. Additions to Appalachian region.
Sec. 1806. Transportation assets and needs of Delta region.
Sec. 1807. Toll facilities workplace safety study.
Sec. 1808. Pavement Marking Systems Demonstration Projects.
Sec. 1809. Work zone safety grants.
Sec. 1810. Grant program to prohibit racial profiling.
Sec. 1811. America’s Byways Resource Center.
Sec. 1812. Technical adjustment.
Sec. 1813. Road User Charge Evaluation Pilot Project.
Sec. 1814. Thomas P. ‘‘Tip’’ O’Neill, Jr. Tunnel.
Sec. 1815. Conforming amendment for transportation planning sections.
Sec. 1816. Distribution of metropolitan planning funds within States.
Sec. 1817. Treatment of off ramp.
Sec. 1818. Loan forgiveness.
Sec. 1819. Lead agency designation.
Sec. 1820. Use of debris from demolished bridges and overpasses.
Sec. 1821. Hubzone program.
Sec. 1822. Technical amendments to TEA 21 projects.
Sec. 1823. National work zone safety information clearinghouse.
Sec. 1824. Transportation conformity.
Sec. 1825. Eligibility to participate in Western Alaska Community Development
Quota Program.
Sec. 1826. Metropolitan Regional Freight and Passenger Transportation Study.
Sec. 1827. Intermodal transportation facility expansion.
Sec. 1828. Advanced truck stop electrification system.
Sec. 1829. Technology.
Sec. 1830. Extension of public transit vehicle exemption from axle weight re-
strictions.
Sec. 1831. Sense of Congress.
TITLE II—HIGHWAY SAFETY
Sec. 2001. Authorization of appropriations.
Sec. 2002. Occupant protection incentive grants.
Sec. 2003. Alcohol-impaired driving countermeasures.
Sec. 2004. State traffic safety information system improvements.
Sec. 2005. High visibility enforcement program.
Sec. 2006. Motorcycle crash causation study.
Sec. 2007. Child safety and child booster seat incentive grants.
Sec. 2008. Safety data.
Sec. 2009. Motorcyclist safety.
Sec. 2010. Driver fatigue.
Sec. 2011. Drug impaired driving enforcement.
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title; amendments to title 49, United States Code.
Sec. 3002. Policies, findings, and purposes.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Statewide planning.
Sec. 3006. Planning programs.
Sec. 3007. Private enterprise participation.
Sec. 3008. Urbanized area formula grants.
Sec. 3009. Clean fuels formula grant program.
Sec. 3010. Capital investment grants.
Sec. 3011. Formula grants for special needs of elderly individuals and individ-
uals with disabilities.
Sec. 3012. Formula grants for other than urbanized areas.
Sec. 3013. Research, development, demonstration, and deployment projects.
Sec. 3014. Cooperative research program.
Sec. 3015. National research and technology programs.
Sec. 3016. National Transit Institute.
Sec. 3017. Job access and reverse commute formula grants.
Sec. 3018. New Freedom program.
Sec. 3019. Bus testing facility.
Sec. 3020. Bicycle facilities.
Sec. 3021. Transit in the parks pilot program.
Sec. 3022. Human resource programs.
Sec. 3023. General provisions on assistance.
Sec. 3024. Special provisions for capital projects.
Sec. 3025. Contract requirements.
Sec. 3026. Project management oversight and review.
Sec. 3027. Investigations of safety and hazards.
Sec. 3028. State safety oversight.
Sec. 3029. Controlled substances and alcohol misuse testing.
Sec. 3030. Employee protective arrangements.
Sec. 3031. Administrative procedures.
Sec. 3032. National transit database.
Sec. 3033. Apportionments based on fixed guideway factors.
Sec. 3034. Authorizations.
Sec. 3035. Over-the-road bus accessibility program.
Sec. 3036. Updated terminology.
Sec. 3037. Project authorizations for new fixed guideway capital projects.
Sec. 3038. Projects for bus and bus-related facilities.
Sec. 3039. National fuel cell bus technology development program.
Sec. 3040. High-intensity small-urbanized area formula grant program.
Sec. 3041. Allocations for national research and technology programs.
Sec. 3042. Obligation ceiling.
Sec. 3043. Adjustments for the Surface Transportation Extension Act of 2004.
Sec. 3044. Cooperative procurement.
TITLE IV—MOTOR CARRIER TRANSPORTATION AND SAFETY
Subtitle A—Commercial Motor Vehicle Safety
Sec. 4101. Authorization of appropriations.
Sec. 4102. Motor carrier safety grants.
Sec. 4103. Border enforcement grants.
Sec. 4104. Commercial driver’s license improvements.
Sec. 4105. Hobbs Act.
Sec. 4106. Penalty for denial of access to records.
Sec. 4107. Medical Review Board.
Sec. 4108. Increased penalties for out-of-service violations and false records.
Sec. 4109. Commercial vehicle information systems and networks deployment.
Sec. 4110. Safety fitness.
Sec. 4111. Pattern of safety violations by motor carrier or broker management.
Sec. 4112. Motor carrier research and technology program.
Sec. 4113. International cooperation.
Sec. 4114. Performance and registration information system management.
Sec. 4115. Data quality improvement.
Sec. 4116. Driveaway saddlemount vehicles.
Sec. 4117. Completion of uniform carrier registration.
Sec. 4118. Registration of motor carriers and freight forwarders.
Sec. 4119. Deposit of certain civil penalties into Highway Trust Fund.
Sec. 4120. Outreach and education.
Sec. 4121. Insulin treated diabetes mellitus.
Sec. 4122. Grant program for commercial motor vehicle operators.
Sec. 4123. Commercial motor vehicle safety advisory Committee.
Sec. 4124. Safety data improvement program.
Sec. 4125. Commercial driver’s license information system modernization.
Sec. 4126. Maximum hours of service for operators of ground water well drill-
ing rigs.
Sec. 4127. Safety performance history screening.
Sec. 4128. Intermodal chassis roadability rule-making.
Sec. 4129. Substance abuse professionals.
Sec. 4130. Interstate van operations.
Sec. 4131. Hours of service for operators of utility service vehicles.
Sec. 4132. Hours of service rules for operators providing transportation to
movie production sites.
Sec. 4133. Technical corrections.
Sec. 4134. Operators of vehicles transporting agricultural commodities and
farm supplies.
Subtitle B—Household Goods Transportation
Sec. 4201. Federal-State relations relating to transportation of household
goods.
Sec. 4202. Arbitration requirements.
Sec. 4203. Civil penalties relating to household goods brokers and unauthorized
transportation.
Sec. 4204. Penalties for holding household goods hostage.
Sec. 4205. Working group for development of practices and procedures to en-
hance Federal-State relations.
Sec. 4206. Consumer handbook on dot Web site.
Sec. 4207. Release of household goods broker information.
Sec. 4208. Consumer complaint information.
Sec. 4209. Insurance regulations.
Sec. 4210. Estimating requirements.
Sec. 4211. Application of State consumer protection laws to certain household
goods carriers.
Sec. 4212. Applicability to household goods motor carriers.
TITLE V—TRANSPORTATION RESEARCH AND EDUCATION
Subtitle A—Funding
Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.
Subtitle B—Research, Technology, and Education
Sec. 5201. Research, technology, and education.
Sec. 5202. Long-term bridge performance program; innovative bridge research
and deployment program.
Sec. 5203. Surface transportation environment and planning cooperative re-
search program.
Sec. 5204. Technology deployment.
Sec. 5205. Training and education.
Sec. 5206. Freight planning capacity building.
Sec. 5207. Advanced travel forecasting procedures program.
Sec. 5208. National cooperative freight transportation research program.
Sec. 5209. Future strategic highway research program.
Sec. 5210. Transportation safety information management system project.
Sec. 5211. Surface transportation congestion relief solutions research initiative.
Sec. 5212. Motor carrier efficiency study.
Sec. 5213. Transportation research and development strategic planning.
Subtitle C—University Transportation Research; Scholarship Opportunities
Sec. 5301. National university transportation centers.
Sec. 5302. University transportation research.
Sec. 5303. Transportation scholarship opportunities program.
Subtitle D—Advanced Technologies
Sec. 5401. Advanced heavy-duty vehicle technologies research program.
Sec. 5402. Commercial remote sensing products and spatial information tech-
nologies.
Subtitle E—Transportation Data and Analysis
Sec. 5501. Bureau of Transportation Statistics.
Subtitle F—Intelligent Transportation Systems Research
Sec. 5601. Short title.
Sec. 5602. Goals and purposes.
Sec. 5603. General authorities and requirements.
Sec. 5604. National architecture and standards.
Sec. 5605. Research and development.
Sec. 5606. Infrastructure development.
Sec. 5607. Road Weather Research and Development Program.
Sec. 5608. Definitions.
Sec. 5609. Rural interstate corridor communications study.
Sec. 5610. Centers for Surface Transportation Excellence.
Sec. 5611. Repeal.
TITLE VI—TRANSPORTATION PLANNING AND PROJECT
DELIVERY
Sec. 6001. Transportation planning.
Sec. 6002. Efficient environmental reviews for project decisionmaking.
Sec. 6003. Policy on historic sites.
Sec. 6004. Exemption of interstate system.
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Amendment of title 49, United States Code.
Sec. 7002. Findings and purpose.
Sec. 7003. Definitions.
Sec. 7004. General regulatory authority.
Sec. 7005. Chemical or biological materials.
Sec. 7006. Representation and tampering.
Sec. 7007. Technical amendments.
Sec. 7008. Training of certain employees.
Sec. 7009. Registration.
Sec. 7010. Providing shipping papers.
Sec. 7011. Rail tank cars.
Sec. 7012. Unsatisfactory safety rating.
Sec. 7013. Training curriculum for the public sector.
Sec. 7014. Planning and training grants, monitoring, and review.
Sec. 7015. Special permits and exclusions.
Sec. 7016. Uniform forms and procedures.
Sec. 7017. International uniformity of standards and requirements.
Sec. 7018. Administrative.
Sec. 7019. Enforcement.
Sec. 7020. Civil penalty.
Sec. 7021. Criminal penalty.
Sec. 7022. Preemption.
Sec. 7023. Relationship to other laws.
Sec. 7024. Judicial review.
Sec. 7025. Authorization of appropriations.
Sec. 7026. Determining amount of undeclared shipments of hazardous mate-
rials entering the United States.
Sec. 7027. Conforming amendments.
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING
GUARANTEE
Sec. 8001. Discretionary spending limits for the highway and mass transit cat-
egories.
Sec. 8002. Adjustments to align highway spending with revenues.
Sec. 8003. Level of obligation limitations.
Sec. 8004. Enforcement of guarantee.
Sec. 8005. Transfer of Federal transit administrative expenses.
TITLE IX—TAX PROVISIONS
Sec. 9000. Short title, etc.
Subtitle A—Highway Trust Fund Extension
Sec. 9101. Extension of highway-related taxes and trust fund.
Subtitle B—Restructuring of Incentives for Alcohol Fuels, Etc.
Sec. 9201. Reduced rates of tax on gasohol replaced with excise tax credit; re-
peal of other alcohol-based fuel incentives; etc.
Sec. 9202. Alcohol fuel subsidies borne by general fund.
Subtitle C—Reduction of Fuel Tax Evasion
Sec. 9301. Exemption from certain excise taxes for mobile machinery.
Sec. 9302. Taxation of aviation-grade kerosene.
Sec. 9303. Dye injection equipment.
Sec. 9304. Authority to inspect on-site records.
Sec. 9305. Registration of pipeline or vessel operators required for exemption
of bulk transfers to registered terminals or refineries.
Sec. 9306. Display of registration.
Sec. 9307. Penalties for failure to register and failure to report.
Sec. 9308. Collection from customs bond where importer not registered.
Sec. 9309. Modifications of tax on use of certain vehicles.
Sec. 9310. Modification of ultimate vendor refund claims with respect to farm-
ing.
Sec. 9311. Dedication of revenues from certain penalties to the Highway Trust
Fund.
Subtitle D—Other Excise Tax Provisions
Sec. 9401. Taxable fuel refunds for certain ultimate vendors.
Sec. 9402. Two-party exchanges.
Sec. 9403. Simplification of tax on tires.
Subtitle E—Small Business Expensing
Sec. 9501. 2-year extension of increased expensing for small business.
Subtitle F—Alternative Minimum Tax Relief
Sec. 9601. Net operating losses and foreign tax credit under alternative min-
imum tax.
Sec. 9602. Expansion of exemption from alternative minimum tax for small
corporations.
Sec. 9603. Income averaging for farmers not to increase alternative minimum
tax.
TITLE X—RAIL PROVISIONS
Sec. 10001. High-speed rail corridor development.
Sec. 10002. Alaska railroad.
TITLE I—FEDERAL-AID
HIGHWAYS
Subtitle A—Authorization of
Programs
SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are author-
ized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account):
(1) INTERSTATE
MAINTENANCE
PROGRAM.—
For the Interstate maintenance program under sec-
tion 
119 
of 
title 
23, 
United 
States 
Code,
$4,323,076,000 
for 
fiscal 
year 
2004,
$4,431,153,000 
for 
fiscal 
year 
2005,
$4,541,932,000 
for 
fiscal 
year, 
2006,
$4,655,480,000 
for 
fiscal 
year 
2007,
$4,771,867,000 
for 
fiscal 
year 
2008, 
and
$4,891,164,000 for fiscal year 2009.
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of that
title, 
$5,187,691,000 
for 
fiscal 
year 
2004,
$5,317,383,000 
for 
fiscal 
year 
2005,
$5,450,318,000 
for 
fiscal 
year 
2006,
$5,586,576,000 
for 
fiscal 
year 
2007,
$5,726,240,000 
for 
fiscal 
year 
2008, 
and
$5,869,396,000 for fiscal year 2009.
(3) BRIDGE
PROGRAM.—For the bridge pro-
gram 
under 
section 
144 
of 
that 
title,
$3,709,440,000 
for 
fiscal 
year 
2004,
$3,802,176,000 
for 
fiscal 
year 
2005,
$3,897,231,000 
for 
fiscal 
year 
2006,
$3,994,661,000 
for 
fiscal 
year 
2007,
$4,094,528,000 
for 
fiscal 
year 
2008, 
and
$4,196,891,000 for fiscal year 2009.
(4) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram under sections 130 and 152 of that title, $0
for fiscal year 2004, $630,000,000 for fiscal year
2005, 
$645,000,000 
for 
fiscal 
year 
2006,
$660,000,000 for fiscal year 2007, $680,000,000 for
fiscal year 2008, and $695,000,000 for fiscal year
2009. Of such funds 1⁄3 per fiscal year shall be avail-
able to carry out section 130 and 2⁄3 shall be avail-
able to carry out section 152.
(5) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of that title, $6,052,306,000 for fiscal year
2004, 
$6,203,614,000 
for 
fiscal 
year 
2005,
$6,358,704,000 
for 
fiscal 
year 
2006,
$6,517,672,000 
for 
fiscal 
year 
2007,
$6,680,614,000 
for 
fiscal 
year 
2008, 
and
$6,847,629,000 for fiscal year 2009.
(6) CONGESTION MITIGATION AND AIR QUALITY
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program under
section 149 of that title, $1,469,846,000 for fiscal
year 2004, $1,506,592,000 for fiscal year 2005,
$1,544,257,000 
for 
fiscal 
year 
2006,
$1,582,863,000 
for 
fiscal 
year 
2007,
$1,622,435,000 
for 
fiscal 
year 
2008, 
and
$1,662,996,000 for fiscal year 2009.
(7) APPALACHIAN
DEVELOPMENT
HIGHWAY
SYSTEM PROGRAM.—For the Appalachian develop-
ment highway system program under section 14501
of title 40, United States Code, $460,000,000 for
fiscal year 2004 and $470,000,000 for each of fiscal
years 2005 through 2009.
(8) RECREATIONAL TRAILS PROGRAM.—For the
recreational trails program under section 206 of title
23, United States Code, $53,000,000 for fiscal year
2004, 
$70,000,000 
for 
fiscal 
year 
2005,
$80,000,000 for fiscal year 2006, $90,000,000 for
fiscal year 2007, $100,000,000 for fiscal year 2008,
and $110,000,000 for fiscal year 2009.
(9) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—For
Indian reservation roads under section 204 of
title 23, United States Code, $325,000,000 for
fiscal year 2004, $365,000,000 for fiscal year
2005, $390,000,000 for fiscal year 2006,
$395,000,000 
for 
fiscal 
year 
2007,
$420,000,000 
for 
fiscal 
year 
2008, 
and
$420,000,000 for fiscal year 2009.
(B) PARK
ROADS
AND
PARKWAYS.—For
park roads and parkways roads under section
204 of that title, $170,000,000 for fiscal year
2004, $185,000,000 for fiscal year 2005,
$200,000,000 
for 
fiscal 
year 
2006,
$215,000,000 
for 
fiscal 
year 
2007,
$225,000,000 
for 
fiscal 
year 
2008, 
and
$225,000,000 for fiscal year 2009.
(C) PUBLIC LANDS HIGHWAY.—For public
lands highway under section 204 of that title,
$250,000,000 
for 
fiscal 
year 
2004,
$260,000,000 
for 
fiscal 
year 
2005,
$280,000,000 
for 
fiscal 
year 
2006,
$280,000,000 
for 
fiscal 
year 
2007,
$290,000,000 
for 
fiscal 
year 
2008, 
and
$300,000,000 for fiscal year 2009.
(D) REFUGE
ROADS.—For refuge roads
under section 204 of that title, $20,000,000 for
each of fiscal years 2004 through 2009.
(10) NATIONAL
CORRIDOR
INFRASTRUCTURE
IMPROVEMENT PROGRAM.—For the national corridor
infrastructure improvement program under section
1301 of this title, $333,333,000 for fiscal year 2004,
$600,000,000 for fiscal year 2005, $600,000,000 for
fiscal year 2006, $600,000,000 for fiscal year 2007,
$600,000,000 
for 
fiscal 
year 
2008, 
and
$600,000,000 for fiscal year 2009.
(11) COORDINATED BORDER INFRASTRUCTURE
PROGRAM.—For the coordinated border infrastruc-
ture program under section 1302 of this title,
$105,000,000 for fiscal year 2004, $200,000,000 for
fiscal year 2005, $200,000,000 for fiscal year 2006,
$200,000,000 for fiscal year 2007, $200,000,000 for
fiscal year 2008, and $225,000,000 for fiscal year
2009.
(12) PROJECTS OF NATIONAL AND REGIONAL
SIGNIFICANCE PROGRAM.—For the projects of na-
tional and regional significance program under sec-
tion 1304 of this title, $600,000,000 for fiscal year
2004, 
$1,100,000,000 
for 
fiscal 
year 
2005,
$1,100,000,000 
for 
fiscal 
year 
2006,
$1,200,000,000 
for 
fiscal 
year 
2007,
$1,300,000,000 
for 
fiscal 
year 
2008, 
and
$1,300,000,000 for fiscal year 2009.
(13) CONSTRUCTION
OF
FERRY
BOATS
AND
FERRY TERMINAL FACILITIES.—For construction of
ferry boats and ferry terminal facilities under sec-
tion 
165 
of 
title 
23, 
United 
States 
Code,
$60,000,000 for fiscal year 2004, $70,000,000 for
fiscal year 2005, $75,000,000 for fiscal year 2006,
$75,000,000 for fiscal year 2007, $75,000,000 for
fiscal year 2008, and $75,000,000 for fiscal year
2009.
(14) NATIONAL
SCENIC
BYWAYS
PROGRAM.—
For the national scenic byways program under sec-
tion 
162 
of 
title 
23, 
United 
States 
Code,
$30,000,000 for fiscal year 2004, $40,000,000 for
fiscal year 2005, $45,000,000 for fiscal year 2006,
$55,000,000 for fiscal year 2007, $55,000,000 for
fiscal year 2008, and $60,000,000 for fiscal year
2009.
(15) CONGESTION PRICING PILOT PROGRAM.—
For the congestion pricing pilot program under sec-
tion 1209 of this title, $15,000,000 for fiscal year
2004, 
$15,000,000 
for 
fiscal 
year 
2005,
$15,000,000 for fiscal year 2006, $15,000,000 for
fiscal year 2007, $15,000,000 for fiscal year 2008,
and $15,000,000 for fiscal year 2009.
(16) DEPLOYMENT OF 511 TRAVELER INFOR-
MATION PROGRAM.—For the 511 traveler informa-
tion program under section 1204(c)(7) of this title,
$6,000,000 for each of fiscal years 2004 through
2009.
(17) HIGH
PRIORITY
PROJECTS
PROGRAM.—
For the high priority projects program under section
117 of title 23, United States Code, $2,176,042,000
for fiscal year 2004, $2,061,242,000 for fiscal year
2005, 
$1,809,342,000 
for 
fiscal 
year 
2006,
$1,708,042,000 
for 
fiscal 
year 
2007,
$1,757,242,000 
for 
fiscal 
year 
2008, 
and
$1,615,242,000 for fiscal year 2009.
(18) FREIGHT INTERMODAL CONNECTOR PRO-
GRAM.—For the freight intermodal connector pro-
gram under section 1303 of this title, $115,000,000
for fiscal year 2004, $250,000,000 for fiscal year
2005, 
$250,000,000 
for 
fiscal 
year 
2006,
$250,000,000 for fiscal year 2007, $250,000,000 for
fiscal year 2008, and $250,000,000 for fiscal year
2009.
(19) HIGH
RISK
RURAL
ROAD
SAFETY
IM-
PROVEMENT
PROGRAM.—For the high risk rural
road safety improvement program under section
1403 of this title, $85,000,000 for fiscal year 2004,
$105,000,000 for fiscal year 2005, $110,000,000 for
fiscal year 2006, $120,000,000 for fiscal year 2007,
$125,000,000 
for 
fiscal 
year 
2008, 
and
$130,000,000 for fiscal year 2009.
(20) HIGHWAY USE TAX EVASION PROGRAM.—
For highway use tax evasion projects under section
143 of title 23, United States Code, $12,000,000 for
fiscal year 2004, $30,000,000 for fiscal year 2005,
$30,000,000 for fiscal year 2006, $20,000,000 for
fiscal year 2007, $10,000,000 for fiscal year 2008,
and $7,000,000 for fiscal year 2009.
(21) PEDESTRIAN AND CYCLIST EQUITY.—
(A) SAFE ROUTES TO SCHOOL PROGRAM.—
For the safe routes to school program under
section 1120(a) of this title, $125,000,000 for
fiscal year 2004, $150,000,000 for fiscal year
2005, $175,000,000 for fiscal year 2006,
$175,000,000 
for 
fiscal 
year 
2007,
$175,000,000 
for 
fiscal 
year 
2008, 
and
$200,000,000 for fiscal year 2009.
(B) NONMOTORIZED
PILOT
PROGRAM.—
For the nonmotorized pilot program under sec-
tion 1120(b) of this title, $20,000,000 for fiscal
year 2004 and $25,000,000 for each of fiscal
years 2005 through 2009.
(22) DEDICATED
TRUCK
LANES.—For dedi-
cated truck lanes under section 1305 of this title,
$80,000,000 for fiscal year 2004 ,$165,000,000 for
each of fiscal years 2005 through 2008, and
$170,000,000 for fiscal year 2009.
(23) HIGHWAYS FOR LIFE PROGRAM.—For the
highways for life program under section 1504 of this
title, $40,000,000 for fiscal year 2004, $55,000,000
for fiscal year 2005, and $60,000,000 for each of
fiscal years 2006 through 2009.
(24) COMMONWEALTH OF PUERTO RICO HIGH-
WAY PROGRAM.—For the Commonwealth of Puerto
Rico highway program under section 1214(r) of the
Transportation Equity Act for the 21st Century
(112 Stat. 209), $115,000,000 for fiscal year 2004,
$125,000,000 for fiscal year 2005, $130,000,000 for
fiscal year 2006, $130,000,000 for fiscal year 2007,
$140,000,000 
for 
fiscal 
year 
2008, 
and
$140,000,000 for fiscal year 2009.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) GENERAL RULE.—Except to the extent that
the Secretary determines otherwise, not less than 10
percent of the amounts made available for any pro-
gram under titles I, III, and V of this Act and sec-
tion 403 of title 23, United States Code, shall be ex-
pended with small business concerns owned and con-
trolled by socially and economically disadvantaged
individuals.
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
(A) SMALL
BUSINESS
CONCERN.—The
term ‘‘small business concern’’ has the meaning
such term has under section 3 of the Small
Business Act (15 U.S.C. 632); except that such
term shall not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or indi-
viduals which has average annual gross receipts
over the preceding 3 fiscal years in excess of
$17,420,000, as adjusted by the Secretary for
inflation.
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning such term has under
section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting reg-
ulations promulgated pursuant thereto; except
that women shall be presumed to be socially
and economically disadvantaged individuals for
purposes of this subsection.
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually sur-
vey and compile a list of the small business concerns
referred to in paragraph (1) and the location of such
concerns in the State and notify the Secretary, in
writing, of the percentage of such concerns which
are controlled by women, by socially and economi-
cally disadvantaged individuals (other than women),
and by individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(4) UNIFORM CERTIFICATION.—The Secretary
shall establish minimum uniform criteria for State
governments to use in certifying whether a concern
qualifies for purposes of this subsection. Such min-
imum uniform criteria shall include, but not be lim-
ited to, on-site visits, personal interviews, licenses,
analysis of stock ownership, listing of equipment,
analysis of bonding capacity, listing of work com-
pleted, resume of principal owners, financial capac-
ity, and type of work preferred.
(5) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an enti-
ty or person to receive funds made available under
titles I, III, and V of this Act and section 403 of
title 23, United States Code, if the entity or person
is prevented, in whole or in part, from complying
with paragraph (1) because a Federal court issues a
final order in which the court finds that the require-
ment of paragraph (1), or the program established
under paragraph (1), is unconstitutional.
SEC. 1102. OBLIGATION CEILING.
(a) GENERAL LIMITATION.—Notwithstanding any
other provision of law but subject to subsections (g) and
(h), the obligations for Federal-aid highway and highway
safety construction programs shall not exceed—
(1) $33,644,000,000 for fiscal year 2004;
(2) $34,641,000,000 for fiscal year 2005;
(3) $35,668,000,000 for fiscal year 2006;
(4) $36,725,000,000 for fiscal year 2007;
(5) $37,813,000,000 for fiscal year 2008; and
(6) $38,934,000,000 for fiscal year 2009.
(b) EXCEPTIONS.—The limitations under subsection
(a) shall not apply to obligations—
(1) under section 125 of title 23, United States
Code;
(2) under section 147 of the Surface Transpor-
tation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway
Act of 1981;
(4) under sections 131(b) and 131(j) of the
Surface Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the
Surface Transportation and Uniform Relocation As-
sistance Act of 1987;
(6) under sections 1103 through 1108 of the
Intermodal Surface Transportation Efficiency Act of
1991;
(7) under section 157 of title 23, United States
Code, as in effect on June 8, 1998;
(8) under section 105 of title 23, United States
Code (but, for each of fiscal years 1998 through
2013), only in an amount equal to $639,000,000 per
fiscal year; and
(9) for Federal-aid highway programs for which
obligation authority was made available under the
Transportation Equity Act for the 21st Century or
subsequent public laws for multiple years or to re-
main available until used, but only to the extent that
such obligation authority has not lapsed or been
used.
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—
For each of fiscal years 2004 through 2009, the Secretary
shall—
(1) not distribute obligation authority provided
by subsection (a) for such fiscal year for amounts
authorized for administrative expenses and amounts
authorized for the highway use tax evasion program
and the Bureau of Transportation Statistics;
(2) not distribute an amount of obligation au-
thority provided by subsection (a) that is equal to
the unobligated balance of amounts made available
from the Highway Trust Fund (other than the Mass
Transit Account) for Federal-aid highway and high-
way safety programs for previous fiscal years the
funds for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation authority provided by
subsection (a) for such fiscal year less the ag-
gregate of amounts not distributed under para-
graphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highway and high-
way safety construction programs (other than
sums authorized to be appropriated for sections
set forth in paragraphs (1) through (7) of sub-
section (b) and sums authorized to be appro-
priated for section 105 of title 23, United
States Code, equal to the amount referred to in
subsection (b)(8)) for such fiscal year less the
aggregate of the amounts not distributed under
paragraph (1) of this subsection;
(4) distribute the obligation authority provided
by subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) for section
117 of title 23, United States Code (relating to high
priority projects program), section 14501 of title 40,
United States Code (relating to Appalachian devel-
opment highway system), and $2,000,000,000 for
such fiscal year under section 105 of title 23, United
States Code (relating to minimum guarantee) so
that amount of obligation authority available for
each of such sections is equal to the amount deter-
mined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appro-
priated for such section (except in the case of sec-
tion 105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation authority provided
by subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) and
amounts distributed under paragraph (4) for each of
the programs that are allocated by the Secretary
under this Act and title 23, United States Code
(other than activities to which paragraph (1) applies
and programs to which paragraph (4) applies) by
multiplying the ratio determined under paragraph
(3) by the sums authorized to be appropriated for
such program for such fiscal year; and
(6) distribute the obligation authority provided
by subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) and
amounts distributed under paragraphs (4) and (5)
for Federal-aid highway and highway safety con-
struction programs (other than the minimum guar-
antee program, but only to the extent that amounts
apportioned for the minimum guarantee program for
such fiscal year exceed $2,639,000,000, and the Ap-
palachian development highway system program)
that are apportioned by the Secretary under this Act
and title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for
such programs that are apportioned to each
State for such fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are appor-
tioned to all States for such fiscal year.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary
shall after August 1 of each of fiscal years 2004 through
2009 revise a distribution of the obligation authority made
available under subsection (c) if an amount made available
under this section will not be obligated during the fiscal
year and redistribute sufficient amounts to those States
able to obligate amounts in addition to those previously
distributed during that fiscal year. In making the redis-
tribution, the Secretary shall give priority to those States
having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States
Code.
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO
TRANSPORTATION
RESEARCH
PROGRAMS.—Obligation
limitations imposed by subsection (a) shall apply to trans-
portation research programs carried out under chapter 5
of title 23, United States Code, and under title V of this
Act; except that obligation authority made available for
such programs under such limitations shall remain avail-
able for a period of 3 fiscal years.
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED
FUNDS.—Not later than 30 days after the date of the dis-
tribution of obligation authority under subsection (c) for
each of fiscal years 2004 through 2009, the Secretary
shall distribute to the States any funds (1) that are au-
thorized to be appropriated for such fiscal year for Fed-
eral-aid highway programs, and (2) that the Secretary de-
termines will not be allocated to the States, and will not
be available for obligation, in such fiscal year due to the
imposition of any obligation limitation for such fiscal year.
Such distribution to the States shall be made in the same
ratio as the distribution of obligation authority under sub-
section (c)(6). The funds so distributed shall be available
for any purposes described in section 133(b) of title 23,
United States Code.
(g) SPECIAL RULE.—Obligation authority distributed
for a fiscal year under subsection (c)(4) for a section set
forth in subsection (c)(4) shall remain available until used
for obligation of funds for such section and shall be in
addition to the amount of any limitation imposed on obli-
gations for Federal-aid highway and highway safety con-
struction programs for future fiscal years.
(B) by striking ‘‘and the Federal Motor
Carrier Safety Administration’’.
(b) NATIONAL HIGHWAY SYSTEM.—Section 104(b)
of such title is amended—
(1) by striking ‘‘the deduction authorized by
subsection (a) and’’; and
(2) in paragraph (1)(A)—
(A) by striking ‘‘$36,400,000 for each fis-
cal year’’ and inserting ‘‘$40,000,000 for fiscal
year 2004, $40,000,000 for fiscal year 2005,
$40,000,000 for fiscal year 2006, $50,000,000
for fiscal year 2007, $50,000,000 for fiscal year
2008, and $50,000,000 for fiscal year 2009’’;
and
(B) by striking ‘‘$18,800,000 for each of
fiscal years 1998 through 2002’’ and inserting
‘‘$20,000,000 
for 
fiscal 
year 
2004 
and
$30,000,000 for each of fiscal years 2005
through 2009’’.
(c) REPORT.—Section 104(j) of title 23, United
States Code, is amended by striking ‘‘submit to Congress
a report’’ and inserting ‘‘transmit to Congress a report,
and also make such report available to the public in a
user-friendly format via the Internet,’’.
(d) CONFORMING AMENDMENTS.—Section 104 of
such title is amended—
(1) in subsection (f)(1)—
(A) by striking ‘‘, after making the deduc-
tion authorized by subsection (a) of this sec-
tion,’’; and
(B) by striking ‘‘remaining’’; and
(2) in subsection (i) by striking ‘‘deducted’’ and
inserting ‘‘authorized to be appropriated’’.
(e) PUERTO RICO HIGHWAY PROGRAM.—Section
1214(r) of the Transportation Equity Act for the 21st
Century (112 Stat. 209; 117 Stat. 1114) is amended—
(1) in paragraph (1) by striking ‘‘(15) for each
of fiscal years 1998 through 2004’’ and inserting
‘‘(24) for each of fiscal years 2004 through 2009 of
the Transportation Equity Act: A Legacy for
Users’’; and
(2) in paragraph (2) by striking ‘‘(15) of this
Act’’ and inserting ‘‘(24) of the Transportation Eq-
uity Act: A Legacy for Users’’.
SEC. 1104. MINIMUM GUARANTEE.
(a) GENERAL RULE.—Section 105(a) of title 23,
United States Code, is amended—
(1) by striking ‘‘1998 through 2003’’ and in-
serting ‘‘2004 through 2009’’;
(2) by striking ‘‘, high priority projects’’; and
(3) by striking ‘‘and recreational trails’’ and in-
serting ‘‘recreational trails, coordinated border infra-
structure, freight intermodal connectors, safe routes
to school, highway safety improvement, and high
risk rural road safety improvement’’.
(b) TREATMENT OF FUNDS.—Section 105(c)(1) of
such title is amended—
(1) by striking ‘‘$2,800,000,000’’ and inserting
‘‘$2,870,000,000 
in 
fiscal 
year 
2004,
$2,941,750,000 in fiscal year 2005, $3,015,293,750
in fiscal year 2006, $3,090,676,094 in fiscal year
2007, $3,167,942,996 in fiscal year 2008, and
$3,247,141,571 in fiscal year 2009’’;
(2) by striking ‘‘, high priority projects’’; and
(3) by striking ‘‘and recreational trails’’ each
place it appears and inserting ‘‘recreational trails,
coordinated border infrastructure, freight intermodal
connectors, safe routes to school, highway safety im-
provement, and high risk rural road safety improve-
ment’’.
(c) AUTHORIZATION.—Section 105(d) of such title is
amended by striking ‘‘1998 through 2003’’ and inserting
‘‘2004 through 2009’’.
(d) SPECIAL RULE.—Section 105 of such title is fur-
ther amended—
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as sub-
section (e).
(e) GUARANTEED
SPECIFIED
RETURN.—Section
105(e) of such title (as redesignated by subsection (d))
is amended—
(1) in the subsection heading by striking ‘‘OF
90.5’’ and inserting ‘‘SPECIFIED’’; and
(2) in paragraph (1) by striking ‘‘1999 through
2003’’ and inserting ‘‘2004 through 2009’’.
(f) CONFORMING AMENDMENTS.—
(1) SECTION 131.—Section 131(m) of title 23,
United States Code, is amended by striking ‘‘in ac-
cordance with the program of projects approval
process of section 105’’.
(2) SECTION 140.—Section 140 of such title is
amended—
(A) in subsection (a) by striking ‘‘pro-
grams for projects as provided for in subsection
(a) of section 105 of this title’’ and inserting
‘‘project under this chapter’’; and
(B) in subsection (c) by striking ‘‘sub-
section 104(b)(3) of this title’’ and inserting
‘‘section 104(b)(3)’’.
SEC. 1105. PROJECT APPROVAL AND OVERSIGHT
(a) OVERSIGHT PROGRAM.—Section 106 of title 23,
United States Code, is amended by striking subsection (h)
and inserting the following:
‘‘(h) OVERSIGHT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an oversight program to monitor the effective
and efficient use of funds authorized to carry out
this title. At a minimum, the program shall be re-
sponsive to all areas related to financial integrity
and project delivery.
‘‘(2) FINANCIAL INTEGRITY.—
‘‘(A) 
FINANCIAL
MANAGEMENT
SYS-
TEMS.—The Secretary shall perform annual re-
views that address elements of the State trans-
portation departments’ financial management
systems that affect projects approved under
subsection (a).
‘‘(B) PROJECT
COSTS.—The Secretary
shall develop minimum standards for estimating
project costs and shall periodically evaluate the
States’ practices for estimating project costs,
awarding contracts, and reducing project costs.
‘‘(C) RESPONSIBILITY OF THE STATES.—
The States are responsible for determining that
subrecipients of Federal funds under this title
have sufficient accounting controls to properly
manage such Federal funds. The Secretary
shall periodically review the States’ monitoring
of subrecipients.
‘‘(3) PROJECT DELIVERY.—The Secretary shall
perform annual reviews that address elements of a
State’s project delivery system, which includes one
or more activities that are involved in the life cycle
of a project from its conception to its completion.
‘‘(4) RESPONSIBILITY
OF
THE
STATES.—The
States are responsible for determining that sub-
recipients of Federal funds under this title have ade-
quate project delivery systems for projects approved
under this section. The Secretary shall periodically
review the States’ monitoring of subrecipients.
‘‘(5) 
SPECIFIC
OVERSIGHT
RESPONSIBIL-
ITIES.—Nothing in this section shall affect or dis-
charge any oversight responsibility of the Secretary
specifically provided for under this title or other
Federal law. In addition, the Secretary shall retain
full oversight responsibilities for the design and con-
struction of all Appalachian development highways
under section 14501 of title 40.
‘‘(i) MAJOR PROJECTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision in this section, a recipient of Federal fi-
nancial assistance for a project under this title with
an estimated total cost of $500,000,000 or more, or
any other project in the discretion of the Secretary,
shall submit to the Secretary a project management
plan and an annual financial plan.
‘‘(2) 
PROJECT
MANAGEMENT
PLAN.—The
project management plan shall document the proce-
dures and processes in place to provide timely infor-
mation to the project decision makers to manage ef-
fectively the scope, costs, schedules, and quality, and
the Federal requirements of the project and the role
of the agency leadership and management team in
the delivery of the project.
‘‘(3) FINANCIAL
PLAN.—The financial plan
shall be based on detailed estimates of the cost to
complete the project. Annual updates shall be sub-
mitted based on reasonable assumptions, as deter-
mined by the Secretary, of future increases in the
cost to complete the project.
‘‘(j) OTHER PROJECTS.—A recipient of Federal fi-
nancial assistance for a project under this title with an
estimated total cost of $100,000,000 or more that is not
covered by subsection (h) shall prepare an annual financial
plan. Annual financial plans prepared under this sub-
section shall be made available to the Secretary for review
upon the Secretary’s request.’’.
(b) SHARING OF MONETARY RECOVERIES.—Notwith-
standing any other provision of law, monetary judgments
accruing to the Government from judgments in Federal
criminal prosecutions and civil proceedings pertaining to
fraud in Federally funded highway and public transpor-
tation projects and programs shall be treated as follows:
(1) Any amount less than or equal to the single
damages incurred as the result of such fraud shall
be credited to the Federal account from which the
funds for the project or program that is at issue in
the fraud came, except to the extent that such Fed-
eral account has been credited as the result of any
judgment in favor of a grant recipient.
(2) Any amount in excess of the amount cred-
ited pursuant to paragraph (1) shall be shared with
the State or other recipient involved if—
(A) the State or other recipient enters into
a legally binding agreement with the Secretary
to use the funds for a purpose eligible for Fed-
eral assistance under title 23 or chapter 53 of
title 49, United States Code, as the case may
be;
(B) the amount to be shared with the
State or other recipient is determined by the
Attorney General, in consultation with the Sec-
retary; and
(C) the Attorney General, in consultation
with the Secretary, determines that the fraud
did not occur as a result of negligent oversight
or actual involvement in the fraud by the State
or other recipient or any senior official of the
State or other recipient.
SEC. 1106. TEMPORARY TRAFFIC CONTROL DEVICES.
(a) STANDARDS.—Section 109(e) of title 23, United
States Code, is amended—
(1) by striking ‘‘(e) No funds’’ and inserting
the following:
‘‘(e) INSTALLATION OF SAFETY DEVICES.—
‘‘(1) HIGHWAY AND RAILROAD GRADE CROSS-
INGS AND DRAWBRIDGES.—No funds’’; and
(2) by adding at the end the following:
‘‘(2) 
TEMPORARY
TRAFFIC
CONTROL
DE-
VICES.—No funds shall be approved for expenditure
on any Federal-aid highway, or highway affected
under chapter 2 of this title, unless proper tem-
porary traffic control devices to improve safety in
work zones will be installed and maintained during
construction, utility, and maintenance operations on
that portion of the highway with respect to which
such expenditures are to be made. Installation and
maintenance of the devices shall be in accordance
with the Manual on Uniform Traffic Control De-
vices.’’.
(b) LETTING OF CONTRACTS.—Section 112 of such
title is amended—
(1) by striking subsection (f);
(2) by redesignating subsection (g) as sub-
section (f); and
(3) by adding at the end the following:
‘‘(g) TEMPORARY TRAFFIC CONTROL DEVICES.—
‘‘(1) ISSUANCE
OF
REGULATIONS.—The Sec-
retary, after consultation with appropriate Federal
and State officials, shall issue regulations estab-
lishing the conditions for the appropriate use of, and
expenditure of funds for, uniformed law enforcement
officers, positive protective measures between work-
ers and motorized traffic, and installation and main-
tenance of temporary traffic control devices during
construction, utility, and maintenance operations.
‘‘(2) EFFECTS
OF
REGULATIONS.—Based on
regulations issued under paragraph (1), a State
shall—
‘‘(A) develop separate pay items for the
use of uniformed law enforcement officers, posi-
tive protective measures between workers and
motorized traffic, and installation and mainte-
nance of temporary traffic control devices dur-
ing construction, utility, and maintenance oper-
ations; and
‘‘(B) incorporate such pay items into con-
tract provisions to be included in each contract
entered into by the State with respect to a
highway project to ensure compliance with sec-
tion 109(e)(2).
‘‘(3) LIMITATION.—Nothing in the regulations
shall be construed to prohibit a State from imple-
menting standards that are more stringent than
those required under the regulations.
‘‘(4) POSITIVE
PROTECTIVE
MEASURES
DE-
FINED.—In this subsection, the term ‘positive pro-
tective measures’ means temporary traffic barriers,
crash cushions, and other strategies to avoid traffic
accidents in work zones, including full road clo-
sures.’’.
SEC. 1107. REVENUE ALIGNED BUDGET AUTHORITY.
(a) ALLOCATION.—Section 110(a)(1) of title 23,
United States Code, is amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2006’’;
(2) by inserting after ‘‘such fiscal year’’ the fol-
lowing: ‘‘and the succeeding fiscal year’’.
(b) REDUCTION.—Section 110(a)(2) of such title is
amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2006’’;
(2) by striking ‘‘October 1 of the succeeding’’
and inserting ‘‘October 15 of such’’; and
(3) by inserting after ‘‘Account)’’ the following:
‘‘for such fiscal year and the succeeding fiscal year’’.
(c) GENERAL DISTRIBUTION.—Section 110(b)(1)(A)
of such title is amended by striking ‘‘Transportation Eq-
uity Act for the 21st Century’’ and inserting ‘‘Transpor-
tation Equity Act: A Legacy for Users’’.
(d) TECHNICAL AMENDMENT.—Section 110(b)(1)(A)
of title 23, United States Code, is amended by striking
‘‘for’’ the second place it appears.
SEC. 1108. EMERGENCY RELIEF.
(a) IN GENERAL.—Effective October 1, 2004, section
125(c)(1) of title 23, United States Code, is amended by
striking ‘‘$100,000,000’’ and inserting ‘‘$120,000,000’’.
(b) AUTHORIZATIONS
OF APPROPRIATIONS FROM
GENERAL FUND.—There is authorized to be appropriated
for a fiscal year such sums as may be necessary for alloca-
tions by the Secretary described in subsections (a) and (b)
of sections 125 of title 23, United States Code, if the total
of those allocations in such fiscal year are in excess of
$120,000,000.
SEC. 1109. SURFACE TRANSPORTATION PROGRAM.
Section 133(f)(1) of title 23, United States Code, is
amended—
(1) by striking ‘‘1998 through 2000’’ and in-
serting ‘‘2004 through 2006’’; and
(2) by striking ‘‘2001 through 2003’’ and in-
serting ‘‘2007 through 2009’’.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
(a) ELIGIBLE ACTIVITIES.—
(1) INTERGOVERNMENTAL ENFORCEMENT EF-
FORTS.—Section 143(b)(2) of title 23, United States
Code, is amended by inserting before the period the
following: ‘‘; except that of funds so made available
for each of fiscal years 2004 through 2009,
$2,000,000 shall be available only to carry out inter-
governmental enforcement efforts, including research
and training’’.
(2) CONDITIONS ON FUNDS ALLOCATED TO IN-
TERNAL REVENUE SERVICE.—Section 143(b)(3) of
such title is amended by striking ‘‘The’’ and insert-
ing ‘‘Except as otherwise provided in this section,
the’’.
(3) LIMITATION ON USE OF FUNDS.—Section
143(b)(4) of such title is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (F);
(B) by striking the period at the end of
subparagraph (G) and inserting a semicolon;
and
(C) by adding at the end the following:
‘‘(H) to support efforts between States and
Indian tribes to address issues related to State
motor fuel taxes; and
‘‘(I) to analyze and implement programs to
reduce tax evasion associated with foreign im-
ported fuel.’’.
(4) REPORTS.—Section 143(b) of such title is
amended by adding at the end the following:
‘‘(9) REPORTS.—The Commissioner of the In-
ternal Revenue Service and each State shall submit
to the Secretary an annual report that describes the
projects, examinations, and criminal investigations
funded by and carried out under this section. Such
report shall specify the annual yield estimated for
each project funded under this section.’’.
(b) EXCISE FUEL REPORTING SYSTEM.—
(1) IN GENERAL.—Section 143(c)(1) of such
title is amended—
(A) by striking ‘‘August 1, 1998,’’ and in-
serting ‘‘90 days after the date of enactment of
the Transportation Equity Act: A Legacy for
Users,’’;
(B) by striking ‘‘development’’ and insert-
ing ‘‘completion, operation,’’; and
(C) by striking ‘‘an excise fuel reporting
system (in this subsection referred to as ‘the
system’)’’ and inserting ‘‘an excise summary
terminal activity reporting system’’.
(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—Section 143(c)(2) of such title is
amended—
(A) by striking ‘‘the system’’ the first place
it appears and inserting ‘‘the excise summary
terminal activity reporting system’’;
(B) in subparagraph (A) by striking ‘‘de-
velop’’ and inserting ‘‘complete’’;
(C) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(D) by striking the period at the end of
subparagraph (C) and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(D) the Commissioner of the Internal
Revenue Service shall submit and the Secretary
shall approve a budget and project plan for the
completion, operation, and maintenance of the
system.’’; and
(3) FUNDING PRIORITY.—Section 143(c)(3) of
such title is amended to read as follows:
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as
may be necessary to complete, operate, and maintain
the excise summary terminal activity reporting sys-
tem in accordance with this subsection.’’.
(c) REGISTRATION SYSTEM AND ELECTRONIC DATA-
BASE.—Section 143 of such title is further amended by
adding at the end the following:
‘‘(d) PIPELINE, VESSEL, AND BARGE REGISTRATION
SYSTEM.—
‘‘(1) IN
GENERAL.—Not later than 90 days
after the date of enactment of this subsection, the
Secretary shall enter into a memorandum of under-
standing with the Commissioner of the Internal Rev-
enue Service for the purposes of the development,
operation, and maintenance of a registration system
for pipelines, vessels, and barges, and operators of
such pipelines, vessels, and barges, that make bulk
transfers of taxable fuel.
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding
shall provide that—
‘‘(A) the Internal Revenue Service shall de-
velop and maintain the registration system
through contracts;
‘‘(B) the Commissioner of the Internal
Revenue Service shall submit and the Secretary
shall approve a budget and project plan for de-
velopment, operation, and maintenance of the
registration system;
‘‘(C) the registration system shall be under
the control of the Internal Revenue Service; and
‘‘(D) the registration system shall be made
available for use by appropriate State and Fed-
eral revenue, tax, and law enforcement authori-
ties, subject to section 6103 of the Internal
Revenue Code of 1986.
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as
may be necessary to complete, operate, and maintain
a registration system for pipelines, vessels, and
barges, and operators of such pipelines, vessels, and
barges, that make bulk transfers of taxable fuel in
accordance with this subsection.
‘‘(e) HEAVY VEHICLE USE TAX PAYMENT DATA-
BASE.—
‘‘(1) IN
GENERAL.—Not later than 90 days
after the date of enactment of this subsection, the
Secretary shall enter into a memorandum of under-
standing with the Commissioner of the Internal Rev-
enue Service for the purposes of the establishment,
operation, and maintenance of an electronic data-
base of heavy vehicle highway use tax payments.
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding
shall provide that—
‘‘(A) the Internal Revenue Service shall es-
tablish and maintain the electronic database
through contracts;
‘‘(B) the Commissioner of the Internal
Revenue Service shall submit and the Secretary
shall approve a budget and project plan for es-
tablishment, operation, and maintenance of the
electronic database;
‘‘(C) the electronic database shall be under
the control of the Internal Revenue Service; and
‘‘(D) the electronic database shall be made
available for use by appropriate State and Fed-
eral revenue, tax, and law enforcement authori-
ties, subject to section 6103 of the Internal
Revenue Code of 1986.
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as
may be necessary to establish, operate, and maintain
an electronic database of heavy vehicle highway use
tax payments in accordance with this subsection.
‘‘(f) REPORTS.—Not later than March 30 and Sep-
tember 30 of each year, the Commissioner of the Internal
Revenue Service shall provide reports to the Secretary on
the status of the Internal Revenue Service projects funded
under this section related to the excise summary terminal
activity reporting system, the pipeline, vessel, and barge
registration system, and the heavy vehicle use tax elec-
tronic database.’’.
SEC. 1111. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM.
(a) APPORTIONMENT.—The Secretary shall appor-
tion funds made available by section 1101(a)(7) of this
Act for fiscal years 2004 through 2009 among the States
based on the latest available cost to complete estimate for
the Appalachian development highway system under sec-
tion 14501 title 40, United States Code.
(b) APPLICABILITY
OF TITLE 23.—Funds made
available by section 1101(a)(7) of this Act for the Appa-
lachian development highway system shall be available for
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code;
except that the Federal share of the cost of any project
under this section shall be determined in accordance with
such section 14501 of title 40, United States Code, and
such funds shall be available to construct highways and
access roads under such section and shall remain available
until expended.
(c) USE OF TOLL CREDITS.—Section 120(j)(1) of
title 23, United States Code is amended by inserting ‘‘and
the Appalachian development highway system program
under section 14501 of title 40’’ after ‘‘section 125’’.
SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY
TERMINAL FACILITIES.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code, is amended by adding at the end
the following:
‘‘§ 165. Construction of ferry boats and ferry terminal
facilities
‘‘(a) IN GENERAL.—The Secretary shall carry out a
program for construction of ferry boats and ferry terminal
facilities in accordance with section 129(c).
‘‘(b) FEDERAL SHARE.—The Federal share payable
for construction of ferry boats and ferry terminal facilities
under this section shall be 80 percent of the cost thereof.
‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts made
available to carry out this section shall remain available
until expended.
‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—
‘‘(1) IN GENERAL.—$20,000,000 of the amount
made available to carry out this section for each of
fiscal years 2004 through 2009 shall be obligated for
the construction or refurbishment of ferry boats and
ferry terminal facilities and approaches to such fa-
cilities within marine highway systems that are part
of the National Highway System.
‘‘(2) 
ALASKA.—$10,000,000 
of 
the
$20,000,000 for a fiscal year made available under
paragraph (1) shall be made available to the State
of Alaska.
‘‘(3) 
NEW
JERSEY.—$5,000,000 
of 
the
$20,000,000 for a fiscal year made available under
paragraph (1) shall be made available to the State
of New Jersey.
‘‘(4) 
WASHINGTON.—$5,000,000 
of 
the
$20,000,000 for a fiscal year made available under
paragraph (1) shall be made available to the State
of Washington.
‘‘(e) APPLICABILITY.—All provisions of this chapter
that are applicable to the National Highway System, other
than provisions relating to apportionment formula and
Federal share, shall apply to funds made available to carry
out this section, except as determined by the Secretary
to be inconsistent with this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 1 of such title is amended by add-
ing at the end the following:
‘‘165. Construction of ferry boats and ferry terminal facilities.’’.
(c) NATIONAL FERRY DATABASE.—
(1) ESTABLISHMENT.—The Secretary, acting
through the Bureau of Transportation Statistics,
shall establish and maintain a national ferry data-
base.
(2) CONTENTS.—The database shall contain
current information regarding ferry systems, includ-
ing information regarding routes, vessels, passengers
and vehicles carried, funding sources and such other
information as the Secretary considers useful.
(3) UPDATE REPORT.—Using information col-
lected through the database, the Secretary shall pe-
riodically modify as appropriate the report submitted
under section 1207(c) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 129 note; 112
Stat. 185–186).
(4) REQUIREMENTS.—The Secretary shall—
(A) compile the database not later than 1
year after the date of enactment of this Act and
update the database every 2 years thereafter;
(B) ensure that the database is easily ac-
cessible to the public;
(C) make available, from the ferry boat
and ferry terminal program authorized under
section 165 of title 23, United States Code, not
more than $500,000 for each of fiscal years
2004 through 2009 to establish the database.
SEC. 1113. INTERSTATE MAINTENANCE DISCRETIONARY.
(a) IN GENERAL.—Section 118 of title 23, United
States Code, is amended—
(1) by striking subsection (c);
(2) in subsection (e) by inserting ‘‘SPECIAL
RULES.—’’ before ‘‘Funds made’’; and
(3) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(b) CONFORMING AMENDMENT.—Section 103(d)(1)
of such title is amended by striking ‘‘or 118(c)’’.
(c) TECHNICAL AMENDMENTS.—
(1) SECTION 114.—Section 114(a) of such title
is amended by striking ‘‘Except as provided in sec-
tion 117 of this title, such’’ and inserting ‘‘Such’’.
(2) SECTION 116.—Section 116(b) of such title
is amended by striking ‘‘highway department’’ and
inserting ‘‘transportation department’’.
(3) SECTION 120.—Section 120(e) of such title
is amended in the first sentence by striking ‘‘such
system’’ and inserting ‘‘such highway’’.
(4) SECTION 126.—Section 126(a) of such title
is amended by inserting ‘‘under’’ before ‘‘section
104(b)(3)’’.
(5) SECTION 127.—Section 127 of such title is
amended by striking ‘‘118(b)(1)’’ and inserting
‘‘118(b)(2)’’.
(6) 
BICYCLE
AND
PEDESTRIAN
SAFETY
GRANTS.—Section 1212(i) of the Transportation Eq-
uity Act for the 21st Century (112 Stat. 196–197)
is amended by redesignating subparagraphs (D) and
(E) as paragraphs (2) and (3), respectively, and
moving such paragraphs 2 ems to the left.
(d) LIMITATION.—The amendments made by this
section shall not apply to, or have any affect with respect
to, funds made available under section 118 of title 23,
United States Code, before the date of enactment of this
section.
(e) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) of this section shall take effect on
September 30, 2004.
SEC. 1114. HIGHWAY BRIDGE.
(a) SCOUR COUNTERMEASURES.—Section 144(d) of
title 23, United States Code, is amended to read as fol-
lows:
‘‘(d) APPLICATIONS FOR AND APPROVAL OF ASSIST-
ANCE.—
‘‘(1) BRIDGE REPLACEMENT OR REHABILITA-
TION.—Whenever any State or States make applica-
tion to the Secretary for assistance in replacing or
rehabilitating a highway bridge which the priority
system established under subsections (b) and (c)
shows to be eligible, the Secretary may approve Fed-
eral participation in replacing such bridge with a
comparable facility or in rehabilitating such bridge.
‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEAS-
URES, AND
APPLICATIONS
OF
CERTAIN
COMPOSI-
TIONS.—Whenever any State makes application to
the Secretary for assistance in painting, seismic ret-
rofit, or preventive maintenance of, or installing
scour countermeasures or applying calcium magne-
sium acetate, sodium acetate/formate, or other envi-
ronmentally acceptable, minimally corrosive anti-
icing and de-icing compositions to, the structure of
a highway bridge, the Secretary may approve Fed-
eral participation in the painting, seismic retrofit, or
preventive maintenance of, or installation of scour
countermeasures or application of acetate or sodium
acetate/formate or such anti-icing or de-icing com-
position to, such structure.
‘‘(3) ELIGIBILITY.—The Secretary shall deter-
mine the eligibility of highway bridges for replace-
ment or rehabilitation for each State based upon the
unsafe highway bridges in such State; except that a
State may carry out a project for preventive mainte-
nance on a bridge, seismic retrofit of a bridge, or in-
stalling scour countermeasures to a bridge under
this section without regard to whether the bridge is
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 appro-
priated to carry out the bridge program under
this section for each of the fiscal years 2004
through 2009, all but $100,000,000 shall be
apportioned 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
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 ‘‘2004’’;
(3) by striking ‘‘2003’’ and inserting ‘‘2009’’;
(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’’.
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) is amended—
(1) by striking ‘‘1999 and’’ and inserting
‘‘1999,’’; and
(2) by inserting before the period at the end 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.—
‘‘(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
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—
‘‘(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.).
‘‘(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
2004 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
(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
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.
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
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;
‘‘(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)—
(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
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
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.
‘‘(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
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-
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-
cluding regulations issued to carry out such
Act.’’.
(b) ALASKA NATIVE VILLAGE INVENTORY.—Section
202(d)(2) of such title is amended by adding at the end
the following:
‘‘(E) ALASKA NATIVE ROAD INVENTORY.—
‘‘(i) IN
GENERAL.—For fiscal year
2004 and each fiscal year thereafter, any
allocation of sums authorized to be appro-
priated for Indian reservation roads in
Alaska shall be based on an inventory of
roads within the exterior boundaries of vil-
lage corporation land selected pursuant to
the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) that includes all
routes previously included in such an in-
ventory. The Secretary of Transportation
and the Secretary of the Interior may in-
clude, in the inventory of roads, those pro-
posed for inclusion by tribal village govern-
ments from among community streets
within the village and those proposed pri-
mary access routes for inclusion by tribal
village governments, including roads and
trails between villages (including links over
water), roads and trails to landfills, roads
and trails to drinking water sources, roads
and trails to natural resources identified
for economic development, and roads and
trails that provide access to intermodal ter-
mini, such as airports, harbors, or boat
landings.
‘‘(ii) LIMITATION ON PRIMARY ACCESS
ROUTES.—For purposes of this subpara-
graph, a proposed primary access route is
the shortest practicable route connecting 2
points of the proposed route.’’.
(c) GRANTS
FOR
FINANCING
TRANSPORTATION
DEBT.—Section 202(d) or such title is amended by insert-
ing before the period at the end the following: ‘‘; except
that the Secretary may use up to 3 percent of such funds
for making grants to Indian tribes for the purpose of fi-
nancing transportation debt for individual Indian reserva-
tion roads subject to all requirements governing Federal
assistance for Indian roads under this section and section
204’’.
(d) DEPUTY ASSISTANT SECRETARY OF TRANSPOR-
TATION
FOR TRIBAL GOVERNMENT AFFAIRS.—Section
102 of title 49, United States Code, is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the fol-
lowing:
‘‘(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL
GOVERNMENT AFFAIRS.—The Department of Transpor-
tation shall have, within the office of the Secretary, a Dep-
uty Assistant Secretary for Tribal Government Affairs ap-
pointed by the President to plan, coordinate, and imple-
ment the Department of Transportation policy and pro-
grams serving Indian tribes and tribal organizations and
to coordinate tribal transportation programs and activities
in all offices and administrations of the Department and
to be a participant in any negotiated rulemaking related
to, or has impact on, projects, programs, or funding asso-
ciated with the tribal transportation program.’’.
(e) ALASKA
NATIVE
VILLAGE
TRANSPORTATION
PROGRAM.—
(1) 
ESTABLISHMENT.—Not 
later 
than 
months after the date of enactment of this Act, the
Secretary and the Denali Commission, in coordina-
tion with the Alaska Federation of Natives, shall es-
tablish an Alaska Native Village transportation pro-
gram to pay the costs of planning, design, construc-
tion, and maintenance of road and other surface
transportation facilities identified by Alaska Native
Villages.
(2) ALASKA
NATIVE
VILLAGE
DEFINED.—In
this subsection, the term ‘‘Alaska Native Village’’
has the same meaning such term has as used by the
Bureau of Indian Affairs in administering the In-
dian reservation road program under section 202 of
title 23, United States Code.
SEC. 1119. CONSERVATION MEASURES.
(a) REFUGE ROADS.—Section 204(k)(1) of title 23,
United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by redesigning subparagraph (C) as sub-
paragraph (D);
(3) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) construction, maintenance, and im-
provement of wildlife observation infrastructure;
and’’; and
(4) in subparagraph (D) (as so redesignated)
by striking ‘‘maintenance and improvements’’ and
inserting ‘‘construction, maintenance, and improve-
ments’’.
(b) FOREST HIGHWAYS.—Of the amounts made
available for public lands highways under section 1101—
(1) not to exceed $20,000,000 per fiscal year
may be used for the maintenance of forest highways;
(2) not to exceed $2,500,000 per fiscal year
may be used to repair culverts and bridges on forest
highways to facilitate appropriate fish passage and
ensure reasonable flows and to maintain and remove
such culverts and bridges as appropriate; and
(3) not to exceed $1,000,000 per fiscal year
may be used for signage identifying public hunting
and fishing access.
(c) WILDLIFE
VEHICLE
COLLISION
REDUCTION
STUDY.—
(1) IN GENERAL.—The Secretary shall conduct
a study of methods to reduce collisions between
motor vehicles and wildlife (in this subsection re-
ferred to as ‘‘wildlife vehicle collisions’’).
(2) CONTENTS.—
(A) AREAS OF STUDY.—The study shall in-
clude an assessment of the causes and impacts
of wildlife vehicle collisions and solutions and
best practices for reducing such collisions.
(B) METHODS
FOR
CONDUCTING
THE
STUDY.—In carrying out the study, the Sec-
retary shall—
(i) conduct a thorough literature re-
view; and
(ii) survey current practices of the
Department of Transportation.
(3) CONSULTATION.—In carrying out the study,
the Secretary shall consult with appropriate experts
in the field of wildlife vehicle collisions.
(4) REPORT.—
(A) IN GENERAL.—Not later than 2 years
after the date of enactment of this Act, the Sec-
retary shall transmit to Congress a report on
the results of the study.
(B) CONTENTS.—The report shall include
a description of each of the following:
(i) Causes of wildlife vehicle collisions.
(ii) Impacts of wildlife vehicle colli-
sions.
(iii) Solutions to and prevention of
wildlife vehicle collisions.
(5) MANUAL.—
(A) DEVELOPMENT.—Based upon the re-
sults of the study, the Secretary shall develop a
best practices manual to support State efforts
to reduce wildlife vehicle collisions.
(B) AVAILABILITY.—The manual shall be
made available to States not later than 1 year
after the date of transmission of the report
under paragraph (4).
(C) CONTENTS.—The manual shall in-
clude, at a minimum, the following:
(i) A list of best practices addressing
wildlife vehicle collisions.
(ii) A list of information, technical,
and funding resources for addressing wild-
life vehicle collisions.
(iii) Recommendations for addressing
wildlife vehicle collisions.
(iv) Guidance for developing a State
action plan to address wildlife vehicle colli-
sions
(6) TRAINING.—Based upon the manual devel-
oped under paragraph (5), the Secretary shall de-
velop a training course on addressing wildlife vehicle
collisions for transportation professionals.
SEC. 1120. PEDESTRIAN AND CYCLIST EQUITY.
(a) SAFE ROUTES TO SCHOOL PROGRAM.—
(1) ESTABLISHMENT.—Subject to the require-
ments of this subsection, the Secretary shall estab-
lish and carry out a safe routes to school program
for the benefit of children in primary and middle
schools.
(2) PURPOSES.—The purposes of the program
shall be—
(A) to enable and encourage children, in-
cluding those with disabilities, to walk and bicy-
cle to school;
(B) to make bicycling and walking to
school a safer and more appealing transpor-
tation 
alternative, 
thereby 
encouraging 
a
healthy and active lifestyle from an early age;
and
(C) to facilitate the planning, development,
and implementation of projects and activities
that will improve safety and reduce traffic, fuel
consumption, and air pollution in the vicinity of
schools.
(3) APPORTIONMENT OF FUNDS.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), amounts made available to
carry out this subsection for a fiscal year shall
be apportioned among the States in the ratio
that—
(i) the total student enrollment in pri-
mary and middle schools in each State;
bears to
(ii) the total student enrollment in
primary and middle schools in all the
States.
(B) 
MINIMUM
APPORTIONMENT.—No
State shall receive an apportionment under this
subsection for a fiscal year of less than
$2,000,000.
(C) 
SET-ASIDE.—Before 
apportioning
amounts made available to carry out this sub-
section under this paragraph for a fiscal year,
the Secretary shall set aside not more than 2
percent of such amounts for the administrative
expenses of the Secretary in carrying out this
subsection.
(D) DETERMINATION
OF
STUDENT
EN-
ROLLMENTS.—Determinations under this para-
graph concerning student enrollments shall be
made by the Secretary.
(4) ADMINISTRATION OF AMOUNTS.—Amounts
apportioned to a State under this subsection shall be
administered by the State’s department of transpor-
tation.
(5) ELIGIBLE
RECIPIENTS.—Amounts appor-
tioned to a State under this subsection shall be used
by the State to provide financial assistance to State,
local, and regional agencies, including nonprofit or-
ganizations, that demonstrate an ability to meet the
requirements of this subsection.
(6) ELIGIBLE PROJECTS AND ACTIVITIES.—
(A) 
INFRASTRUCTURE-RELATED
PROJECTS.—
(i) IN
GENERAL.—Amounts appor-
tioned to a State under this subsection
may be used for the planning, design, and
construction 
of 
infrastructure-related
projects that will substantially improve the
ability of students to walk and bike to
school, including sidewalk improvements,
traffic calming and speed reduction im-
provements, pedestrian and bicycle cross-
ing improvements, on-street bicycle facili-
ties, off-street bicycle and pedestrian facili-
ties, secure bicycle parking facilities, and
traffic diversion improvements in the vicin-
ity of schools.
(ii) LOCATION OF PROJECTS.—Infra-
structure-related projects under subpara-
graph (A) may be carried out on any pub-
lic road or any bicycle or pedestrian path-
way or trail in the vicinity of schools.
(B) NONINFRASTRUCTURE-RELATED
AC-
TIVITIES.—
(i) IN
GENERAL.—In addition to
projects described in subparagraph (A),
amounts apportioned to a State under this
subsection may be used for noninfrastruc-
ture-related activities to encourage walking
and bicycling to school, including public
awareness campaigns and outreach to
press and community leaders, traffic edu-
cation and enforcement in the vicinity of
schools, student sessions on bicycle and pe-
destrian safety, health, and environment,
and funding for training, volunteers, and
managers of safe routes to school pro-
grams.
(ii) ALLOCATION.—Not less than 10
percent and not more than 30 percent of
the amount apportioned to a State under
this subsection for a fiscal year shall be
used for noninfrastructure-related activities
under this subparagraph.
(C) SAFE
ROUTES
TO
SCHOOL
COORDI-
NATOR.—Each State receiving an apportion-
ment under this subsection for a fiscal year
shall use a sufficient amount of the apportion-
ment to fund a full-time position of coordinator
of the State’s safe routes to school program.
(7) CLEARINGHOUSE.—
(A) IN
GENERAL.—The Secretary shall
make grants to a national nonprofit organiza-
tion engaged in promoting safe routes to
schools to—
(i) operate a national safe routes to
school clearinghouse;
(ii) develop information and edu-
cational programs on safe routes to school;
and
(iii) provide technical assistance and
disseminate techniques and strategies used
for successful safe routes to school pro-
grams.
(B) FUNDING.—The Secretary shall carry
out this paragraph using amounts set aside for
173
(D) OBLIGATION
OR
COMMITMENT.—An
obligation or administrative commitment may
be made only when contract authority is allo-
cated to a project.
(2) FULL FUNDING GRANT AGREEMENT.—
(A) IN
GENERAL.—A project financed
under this subsection shall be carried out
through a full funding grant agreement. The
Secretary shall enter into a full funding grant
agreement based on the evaluations and ratings
required under subsection (f)(7).
(B) TERMS.—If the Secretary makes a full
funding grant agreement with an applicant, the
agreement shall—
(i) establish the terms of participation
by the United States Government in a
project under this section;
(ii) establish the maximum amount of
Government financial assistance for the
project;
(iii) cover the period of time for com-
pleting the project, including a period ex-
tending beyond the period of an authoriza-
tion; and
186
has met all its needs for installation of protective de-
vices at railway-highway crossings, the State may
use funds made available by this subsection for other
purposes by this section.’’.
(2) APPORTIONMENT.—Section 130(f) of such
title is amended to read as follows:
‘‘(f) APPORTIONMENT.—
‘‘(1) FORMULA.—Fifty percent of the funds au-
thorized to be appropriated to carry out this section
shall be apportioned to the States in accordance with
the formula set forth in section 104(b)(3)(A), and
50 percent of such funds shall be apportioned to the
States in the ratio that total public railway-highway
crossings in each State bears to the total of such
crossings in all States.
‘‘(2) 
MINIMUM
APPORTIONMENT.—Notwith-
standing paragraph (1), each State shall receive a
minimum of 1⁄2 of 1 percent of the funds appor-
tioned under paragraph (1).
‘‘(3) FEDERAL
SHARE.—The Federal share
payable on account of any project financed with
funds authorized to be appropriated to carry out this
section shall be 90 percent of the cost thereof.’’.
(3) BIENNIAL
REPORT
TO
CONGRESS.—The
third sentence of section 130(g) of such title is
233
‘‘(7) require the bank to make an annual report
to the Secretary on its status no later than Sep-
tember 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 infrastruc-
ture bank established under this section, includ-
ing 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 sec-
tions 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