260
HR 3 PCS 
tolls under the pilot program is the most efficient 
and economical way to advance the project. 
(4) A facility management plan that includes—
(A) a plan for implementing the imposition 
of tolls on the facility; 
(B) a schedule and finance plan for the 
construction of the facility using toll revenues; 
(C) a description of the public transpor-
tation agency that will be responsible for imple-
mentation and administration of the pilot pro-
gram; 
(D) a description of whether consideration 
will be given to privatizing the maintenance and 
operational aspects of the facility, while retain-
ing legal and administrative control of the por-
tion of the Interstate route; and 
(E) such other information as the Sec-
retary may require. 
(d) SELECTION CRITERIA.—The Secretary may ap-
prove the application of a State under subsection (c) only 
if the Secretary determines that—
(1) the State’s analysis under subsection (c)(3) 
is reasonable;
261
HR 3 PCS 
(2) the State plan for implementing tolls on the 
facility takes into account the interests of local, re-
gional, and interstate travelers; 
(3) the State plan for construction of the facil-
ity using toll revenues is reasonable; 
(4) the State will develop, manage, and main-
tain a system that will automatically collect the tolls; 
and 
(5) the State has given preference to the use of 
a public toll agency with demonstrated capability to 
build, operate, and maintain a toll expressway sys-
tem meeting criteria for the Interstate System. 
(e) PROHIBITION ON NONCOMPETE AGREEMENTS.—
Before the Secretary may permit a State to participate 
in the pilot program, the State must enter into an agree-
ment with the Secretary that provides that the State will 
not enter into an agreement with a private person under 
which the State is prevented from improving or expanding 
the capacity of public roads adjacent to the toll facility 
to address conditions resulting from traffic diverted to 
such roads from the toll facility, including—
(1) excessive congestion; 
(2) pavement wear; and 
(3) an increased incidence of traffic accidents, 
injuries, or fatalities.
262
HR 3 PCS 
(f) LIMITATIONS ON USE OF REVENUES; AUDITS.—
Before the Secretary may permit a State to participate 
in the pilot program, the State must enter into an agree-
ment with the Secretary that provides that—
(1) all toll revenues received from operation of 
the toll facility will be used only for—
(A) debt service; 
(B) reasonable return on investment of any 
private person financing the project; and 
(C) any costs necessary for the improve-
ment of and the proper operation and mainte-
nance of the toll facility, including reconstruc-
tion, resurfacing, restoration, and rehabilitation 
of the toll facility; and 
(2) regular audits will be conducted to ensure 
compliance with paragraph (1) and the results of 
such audits will be transmitted to the Secretary. 
(g) LIMITATION ON USE OF INTERSTATE MAINTE-
NANCE FUNDS.—During the term of the pilot program, 
funds apportioned for Interstate maintenance under sec-
tion 104(b)(4) of title 23, United States Code, may not 
be used on a facility for which tolls are being collected 
under the program. 
(h) PROGRAM TERM.—The Secretary may approve 
an application of a State for permission to collect a toll
263
HR 3 PCS 
under this section only if the application is received by 
the Secretary before the last day of the 10-year period 
beginning on the date of enactment of this Act. 
(i) INTERSTATE SYSTEM DEFINED.—In this section, 
the term ‘‘Interstate System’’ has the meaning such term 
has under section 101 of title 23, United States Code. 
SEC. 1605. SPECIAL RULES RELATING TO STATE INFRA-
STRUCTURE BANK PROGRAM. 
(a) INTERSTATE COMPACTS.—Section 189 of title 23, 
United States Code, as amended by section 1602(a) of this 
Act, is amended by inserting after subsection (b) the fol-
lowing: 
‘‘(c) INTERSTATE COMPACTS.—
‘‘(1) IN GENERAL.—Congress grants consent to 
2 or more of the States, entering into a cooperative 
agreement under subsection (a) with the Secretary 
for the establishment by such States of a multi-State 
infrastructure bank in accordance with this section, 
to enter into an interstate compact establishing such 
bank in accordance with this section. 
‘‘(2) RESERVATION OF RIGHTS.—The right to 
alter, amend or repeal interstate compacts entered 
into under this subsection is expressly reserved.’’. 
(b) APPLICABILITY OF FEDERAL LAW.—Section 189 
of title 23, United States Code, as amended by section
264
HR 3 PCS 
1602(a) of this Act, is further amended by inserting after 
subsection (g) the following: 
‘‘(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 
projects assisted by the bank. Such a repayment 
shall be considered to be Federal funds.’’.
265
HR 3 PCS 
Subtitle G—High Priority Projects 
SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM. 
(a) 
AUTHORIZATION
OF
HIGH
PRIORITY 
PROJECTS.—Section 117(a) of title 23, United States 
Code, is amended by striking ‘‘1602 of the Transportation 
Equity Act for the 21st Century’’ and inserting ‘‘1701 of 
the Transportation Equity Act: A Legacy for Users’’. 
(b) ALLOCATION PERCENTAGES.—Section 117(b) of 
such title is amended by striking paragraphs (1) through 
(6) and inserting the following: 
‘‘(1) 22.4 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2005; 
‘‘(2) 20.2 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2006; 
‘‘(3) 19.3 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2007; 
‘‘(4) 19.7 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2008; and 
‘‘(5) 18.4 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2009.’’. 
(c) FEDERAL SHARE.—Section 117(c) of such title 
is amended by striking ‘‘; except’’ and all that follows 
through ‘‘cost thereof’’. 
(d) ADVANCE CONSTRUCTION.—Section 117(e) of 
such title is amended by striking ‘‘1602 of the Transpor-
266
HR 3 PCS 
tation Equity Act for the 21st Century’’ each place it ap-
pears and inserting ‘‘1701 of the Transportation Equity 
Act: A Legacy for Users’’. 
(e) AVAILABILITY
OF OBLIGATION LIMITATION.—
Section 117(g) of such title is amended by striking 
‘‘Transportation Equity Act for the 21st Century’’ and in-
serting ‘‘Transportation Equity Act: A Legacy for Users’’. 
(f) 
FEDERAL-STATE
RELATIONSHIP.—Section 
145(b) of such title is amended—
(1) by inserting after ‘‘described in’’ the fol-
lowing: ‘‘section 1702 of the Transportation Equity 
Act: A Legacy for Users,’’; 
(2) by inserting after ‘‘for such projects by’’ the 
following: ‘‘section 1101(a)(17) of the Transpor-
tation Equity Act: A Legacy for Users,’’; and 
(3) by striking ‘‘117 of title 23, United States 
Code,’’ and inserting ‘‘section 117 of this title,’’. 
SEC. 1702. PROJECT AUTHORIZATIONS. 
Subject to section 117 of title 23, United States 
Code, the amount listed for each high priority project in 
the following table shall be available (from amounts made 
available by section 1101(a)(17) of the Transportation 
Equity Act: A Legacy for Users) for fiscal years 2005 
through 2009 to carry out each such project:
267
HR 3 PCS 
HIGH PRIORITY PROJECTS 
No. 
State 
Project Description 
Amount 
CA 
Construct safe access to streets for bicyclists 
and pedestrians including crosswalks, side-
walks and traffic calming measures, Covina
$500,000
CA 
Develop and implement ITS master plan in 
Anaheim .........................................................
$1,500,000
TN 
Improve circuitry on vehicle protection device 
installed at highway—RR crossing in Ath-
ens, TN ..........................................................
$59,000
CA 
Builds a pedestrian bridge from Hiller Street 
to the Bay Trail, Belmont .............................
$2,450,000
OH 
Renovate and expand National Packard Mu-
seum and adjacent historic Packard facilities 
$3,000,000
IL 
Land acquisition for the widening of Rt. 47 in 
Yorkville, IL ...................................................
$1,000,000
NE 
Interstate 80 Interchange at Pflug Road, Sarpy 
County, Nebraska ..........................................
$2,000,000
TX 
Construction of Segment #1 of Morrison Road 
for the City of Brownsville .............................
$2,000,000
MI 
I–96 at Latson Road Interchange Improve-
ments .............................................................
$6,000,000
IL 
Preconstruction and Construction of IL 83 at 
IL 132 ............................................................
$1,000,000
TN 
Add third lane on U.S. 27 (State Route 29) for 
truck-climbing lane and realignment of road-
way at Wolf Creek Road to Old U.S. 27 
north of Robbins ............................................
$6,000,000
MI 
Reconfiguration of U.S. 31 from the Manistee 
Basquel Bridge to Lincoln Street in the city 
of Manistee ....................................................
$750,000
AR 
Bentonville, Arkansas—widen and improve I–
540 and SH–102 Interchange .......................
$1,420,000
WA 
41st St. Interstate 5 Interchange Project in 
Everett ...........................................................
$4,850,000
CA 
Reconstruct and deep-lift asphalt on various 
roads throughout the district in Santa Bar-
bara County ...................................................
$5,000,000
OK 
Improving the I–35 Interchange at Milepost 1 
Near Thackerville ...........................................
$2,000,000
NJ 
Laurel Avenue Bridge replacement in Holmdel 
Township ........................................................
$1,000,000
OH 
Construct overpass over CSX Railroad on Co-
lumbia Road (State Route 252), Olmsted 
Falls ...............................................................
$460,000
TN 
Reconstruct and widen U.S. 72 from south of 
State Route 175 to State Route 57, Shelby 
County ............................................................
$1,000,000
NY 
Construct roundabout at Oregon Road—
Westbrook Dr—Red Mill Road in Town of 
Cortlandt ........................................................
$475,000
IL 
Construct Bike, Pedestrian Paths, Orland Hills 
$400,000
PA 
Construct I–79/Rte 3025 missing ramps at 
Jackson Township, PA ..................................
$1,150,000
268
HR 3 PCS 
HIGH PRIORITY PROJECTS—Continued
No. 
State 
Project Description 
Amount 
PR 
Construction of PR 833 to PR 831. PR 831 to 
PR 5. Bridge #667 PR 830, KM 2.40 PR 5 
connector from PR 167 to intersation with 
PR 5 and Las Cumbres Ave ..........................
$6,000,000
TX 
Extension of SH 349 to US 87 Relief Route in 
Dawson County ..............................................
$2,500,000
IL 
Parking facility in Peoria, IL ............................
$1,000,000
IL 
Construct Interchange on Interstate 255 at 
Dupo/Columbia ..............................................
$19,000,000
MN 
Construction and right-of-way acquisition for 
interchange at TH65 and TH242 in Blaine, 
MN .................................................................
$4,000,000
CA 
Huntington Beach, Remove off-ramp on I–405 
at Beach Blvd. Construct fourth lane on I–
405 North, at the Beach Blvd. interchange ..
$500,000
TN 
Addition of an interchange on I–40 in Roane 
County at Buttermilk Road and I–40 ...........
$3,000,000
NY 
Purchase Three Ferries and Establish System 
for Ferry Service from Rockaway Peninsula 
to Manhattan .................................................
$15,000,000
IL 
Reconstruction of Mockingbird Lane and Strat-
ford St, Granite City .....................................
$2,000,000
FL 
Construction a new multi-lane tunnel below the 
channel to link the Port of Miami on Dodge 
Island with I–395 on Watson Island and I–
95 in Downtown Miami .................................
$500,000
MD 
Rehabilitation of West Baltimore Trail and Im-
plementation of Pedestrian Improvements 
Along Associated Roadways ...........................
$900,000
TN 
Removal and Reconfiguration of Interstate 
Ramps—I–240, Memphis ..............................
$3,000,000
CA 
Replace structurally unsafe Winters Bridge for 
vehicles, bicycles and pedestrians between 
Yolo and Solano Counties ..............................
$2,000,000
IL 
City of Havana, Illinois Upgrades to Broadway 
Street .............................................................
$952,572
MN 
Construction of Gitchi-Gami State Trail from 
Cascade River to Grand Marais ....................
$900,000
LA 
Develop master transportation plan for the 
New Orleans Regional Medical Center ..........
$500,000
VA 
Final Design and Construction for improve-
ments at I–64 and City Line Road, Virginia 
Beach and Chesapeake ..................................
$1,000,000
MA 
Replacement of Cross Street Bridge spanning 
flood prone Aberjona River, Winchester ........
$1,000,000
NC 
Construction of and improvement to I–73, I–
74, U.S. 220 in Montgomery and Randolph 
Counties, NC ..................................................
$11,000,000
IA 
Access and transportation enhancements to ac-
cess Lake Belva Deer, Sigourney ..................
$2,000,000
269
HR 3 PCS 
HIGH PRIORITY PROJECTS—Continued
No. 
State 
Project Description 
Amount 
CA 
Roadway surface improvements, street lighting, 
and storm drain improvements to South Cen-
ter Street from Baughman Road to State 
Route 78/86, Westmorland ............................
$800,000
TX 
Construct two connectors between SH 288 and 
Beltway 8 .......................................................
$5,000,000
NY 
Implement Central NY highway grade crossing 
and grade separation project .........................
$2,000,000
CA 
Douglas St. Improvements, El Segundo ............
$4,000,000
MA 
Reconstruction of Massachusetts Avenue in-
cluding safety improvements and related pe-
destrian, bike way in Arlington .....................
$2,000,000
NY 
Reconstruction of Rt 5, 8, 12 (North South Ar-
terial) Burrstone Rd. to Oriskany Circle, 
City of Utica ..................................................
$1,000,000
OK 
Construction of Norman highway-rail Grade 
Separation ......................................................
$2,000,000
PA 
Construction of the Montour Trail, Great Alle-
gheny Passage ................................................
$2,000,000
CA 
Route 1 San Pedro Creek Bridge replacement 
in Pacifica ......................................................
$3,000,000
MI 
South Lyon, 2nd St. between Warren and 
Haggadorn .....................................................
$125,000
PA 
Street improvements, Abington Township .........
$2,000,000
IA 
Study of a direct link to I 80, Pella ..................
$500,000
TN 
Sweetwater, TN Improving Vehicle Efficiencies 
at At-Grade highway-railroad Crossings .......
$96,000
OR 
Construct bike/pedestrian path, Powers ............
$440,000
IL 
IL 6 to I–180—Phase 2 study and land acqui-
sition ..............................................................
$2,000,000
FL 
Construct a new bridge at Indian Street, Mar-
tin County ......................................................
$1,000,000
GA 
Improve sidewalks, upgrade lighting, and add 
landscaping in downtown Glennville ..............
$500,000
LA 
Continue planning and construction of the New 
Orleans Regional Planning Commission Mis-
sissippi River trail in St. John, Plaquemines 
St. Bernard and St. Charles parishes ...........
$1,900,000
MO 
Road widening and curb and gutter improve-
ments on Hwy 33 in Kearney ........................
$3,000,000
TX 
The SH146, Port Rd direct connectors allows 
traffic bypass several rail lines & traffic sig-
nals at, near intersection of SH146 and Port 
Rd ..................................................................
$13,200,000
UT 
Reconstruct South Moore Cut-off Road in 
Emery County ................................................
$7,500,000
PA 
Improvements to exits along Interstate 81 in 
Franklin County, PA—Antrim Road ............
$8,200,000
OH 
Plan and construct the Southeast Arterial Con-
nector highway at Delaware, Ohio .................
$5,000,000