H. R. 4818—405
guarantee program, the Secretary of Transportation shall deduct
a sum in such amount not to exceed 4.1 percent of all sums so
authorized: Provided, That of the amount so deducted in accordance
with this section, $25,000,000 shall be made available to make
grants to support planning, highway corridor development, and
highway construction projects in the area that comprises the Delta
Regional Authority; and $1,211,360,000 shall be made available
for surface transportation projects as identified under this section
in the statement of the managers accompanying this Act: Provided
further, That notwithstanding any other provision of law and the
preceding clauses of this provision, the Secretary of Transportation
may use amounts made available by this section to make grants
for any surface transportation project otherwise eligible for funding
under title 23 or, title 49, United States Code: Provided further,
That funds made available under this section, at the request of
a State, shall be transferred by the Secretary to another Federal
agency: Provided further, That the Federal share payable on account
of any program, project, or activity carried out with funds made
available under this section shall be 100 percent: Provided further,
That the sum deducted in accordance with this section shall remain
available until expended: Provided further, That all funds made
available under this section shall be subject to any limitation on
obligations for Federal-aid highways and highway safety construc-
tion programs set forth in this Act or any other Act: Provided
further, That the obligation limitation made available for the pro-
grams, projects, and activities for which funds are made available
under this section shall remain available until used and shall
be in addition to the amount of any limitation imposed on obliga-
tions for Federal-aid highway and highway safety construction pro-
grams for future fiscal years.
SEC. 118. Of the funds made available under section 188(a)(1)
of title 23, United States Code, $100,000,000 are rescinded.
SEC. 119. For the purposes of 23 U.S.C. 181(9)(D) the project
described in section 626 of division B, title VI of Public Law 108–
7 is eligible as a publicly owned intermodal surface freight transfer
facility.
SEC. 120. Notwithstanding any other provision of law, the
Department of Transportation shall complete approval of the pro-
posed surety substitution for one-half of the bond debt service
reserve amount for the RETRAC project within 30 days after
receiving from RETRAC a binding commitment from a qualified
provider to deliver a surety at an acceptable price. Such bond
debt service funds so released shall be deposited into the RETRAC
project contingency fund for payment of RETRAC project costs
in the event current project cost projections are exceeded.
SEC. 121. DESIGNATION OF MIKE O’CALLAGHAN-PAT TILLMAN
MEMORIAL BRIDGE. (a) IN GENERAL.—The Hoover Dam Bypass
Bridge in the Lake Mead National Recreation Area between Nevada
and Arizona is designated as the ‘‘Mike O’Callaghan-Pat Tillman
Memorial Bridge’’.
(b) REFERENCES IN LAW.—Any reference in a law (including
regulations), map, document, paper, or other record of the United
States to the bridge described in subsection (a) shall be considered
to be a reference to the Mike O’Callaghan-Pat Tillman Memorial
Bridge.
SEC. 122. BYPASS BRIDGE AT HOOVER DAM. (a) IN GENERAL.—
Subject to subsection (b), the Secretary of Transportation may
H. R. 4818—406
expend from any funds appropriated for expenditure in accordance
with title 23, United States Code, for payment of debt service
by the States of Arizona and Nevada on notes issued for the bypass
bridge project at Hoover Dam, pending appropriation or replenish-
ment for that project.
(b) REIMBURSEMENT.—Funds expended under subsection (a)
shall be reimbursed from the funds made available to the States
of Arizona and Nevada for payment of debt service on notes issued
for the bypass bridge project at Hoover Dam.
SEC. 123. None of the funds made available in this Act shall
be available for the development or dissemination by the Federal
Highway Administration of any version of a programmatic agree-
ment which regards the Dwight D. Eisenhower National System
of Interstate and Defense Highways as eligible for inclusion on
the National Register of Historic Places.
SEC. 124. Of the unobligated balances made available under
Public Law 100–17, Public Law 100–457, Public Law 101–516,
Public Law 102–143, Public Law 102–240, Public Law 102–388,
Public Law 103–331, Public Law 105–178, and Public Law 106–
346, $16,407,908.88 are rescinded.
SEC. 125. Notwithstanding any other provision of law, projects
and activities described in the statement of managers accompanying
this Act under the headings ‘‘Federal-Aid Highways’’ and ‘‘Federal
Transit Administration’’ shall be eligible for fiscal year 2005 funds
made available for the project for which each project or activity
is so designated and projects and activities under the heading
‘‘Job Access and Reverse Commute Grants’’ shall be awarded those
grants upon receipt of an application: Provided, That the Federal
share payable on account of any such projects and activities subject
to this section shall be the same as the share required by the
Federal program under which each project or activity is designated
unless otherwise provided in this Act.
SEC. 126. Notwithstanding any other provision of law, in addi-
tion to amounts provided in this or any other Act for fiscal year
2005, $34,000,000, to be derived from the Highway Trust Fund
and to remain available until expended, shall be available for the
replacement of the Belleair Causeway Bridge in Pinellas County,
Florida.
SEC. 127. Of the amounts made available for the Federal-
Aid Highways Emergency Relief Program under division B of the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005 (118 Stat. 1251), such sums
as may be necessary shall be available for replacement of the
I–10 bridge spanning Escambia Bay in Escambia and Santa Rosa
Counties, Florida.
SEC. 128. Section 14003 of Public Law 108–287, the Department
of Defense Appropriations Act, 2005, is amended by adding a new
subsection (c) at the end as follows:
‘‘(c) Upon a request by a State to the Secretary that the State
has an insufficient amount or type of apportionment to effectively
utilize the funds provided in paragraph (b), the Secretary shall
waive the requirement for apportionment. Such funds shall be
eligible for any activity defined in section 133(b) of title 23. Funds
distributed to each State under this section shall not be subject
to section 105 of title 23.’’.
H. R. 4818—407
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY
LIMITATION ON ADMINISTRATIVE EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding any other provision of law, none of the funds
in this Act shall be available for expenses for administration of
motor carrier safety programs and motor carrier safety research,
and grants, the obligations for which are in excess of $257,547,000
for fiscal year 2005: Provided, That $33,000,000 shall be available
to make grants to, or enter into contracts with, States, local govern-
ments, or other persons for carrying out border commercial motor
vehicle safety programs and enforcement activities and projects
for the purposes described in 49 U.S.C. 31104(f)(2)(B), and the
Federal share payable under such grants shall be 100 percent;
$20,000,000 shall be available to make grants to, or enter into
contracts with, States, local governments, or other persons for
commercial driver’s licenses program improvements, and the Fed-
eral share payable under such grants shall be 100 percent;
$13,200,000 shall be available to make grants to States for
implementation of section 210 of the Motor Carrier Safety Improve-
ment Act of 1999, and the Federal share payable under such grant
shall be 100 percent; and $7,400,000 shall be available to make
grants to, or enter into contracts with, States, local governments,
or other persons for the commercial vehicle analysis reporting
system, and the Federal share payable under such grants shall
be 100 percent: Provided further, That notwithstanding any other
provision of law, for payment of obligations incurred to pay adminis-
trative expenses of and grants by the Federal Motor Carrier Safety
Administration, $257,547,000, to be derived from the Highway Trust
Fund, together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended.
NATIONAL MOTOR CARRIER SAFETY PROGRAM
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106, and
31309, $190,000,000 to be derived from the Highway Trust Fund
and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation
or execution of programs the obligations for which are in excess
of $190,000,000 for ‘‘Motor Carrier Safety Grants’’ and ‘‘Information
Systems,’’ and of which $17,000,000 shall be available for grants
to States for implementation of section 210 of the Motor Carrier
Safety Improvement Act of 1999 (113 Stat. 1764–1765) and
$1,000,000 shall be available for grants to States, local governments,
H. R. 4818—408
or other entities for commercial driver’s license program improve-
ments: Provided further, That for grants made to States for
implementation of section 210 of the Motor Carrier Safety Improve-
ment Act of 1999 (113 Stat. 1764–1765), and for grants to States,
local governments, or other entities for commercial driver’s license
program improvements, the Federal share payable under such
grants shall be 100 percent.
GENERAL PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
SEC. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of
Public Law 107–87, including that the Secretary submit a report
to the House and Senate Appropriations Committees annually on
the safety and security of transportation into the United States
by Mexico-domiciled motor carriers.
SEC. 131. None of the funds appropriated or otherwise made
available by this Act may be used before December 31, 2005 to
implement or enforce any provisions of the Final Rule, issued on
April 16, 2003 (Docket No. FMCSA–97–2350), with respect to either
of the following:
(1) The operators of utility service vehicles, as that term
is defined in section 395.2 of title 49, Code of Federal Regula-
tions.
(2) Maximum daily hours of service for drivers engaged
in the transportation of property or passengers to or from
a motion picture or television production site located within
a 100-air mile radius of the work reporting location of such
drivers.
SEC. 132. None of the funds made available under this Act
may be used to issue or implement the Department of Transpor-
tation’s proposed regulation entitled Parts and Accessories Nec-
essary for Safe Operation; Certification of Compliance With Federal
Motor Vehicle Safety Standards (FMVSSs), published in the Federal
Register, volume 67, number 53, on March 19, 2002, relating to
a phase-in period to bring vehicles into compliance with the require-
ments of the regulation.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
(HIGHWAY TRUST FUND)
For expenses necessary to discharge the functions of the Sec-
retary, with respect to traffic and highway safety under chapter
301 of title 49, United States Code, and part C of subtitle VI
of title 49, United States Code, $157,386,000, to be derived from
the sum authorized to be deducted under section 117 of this Act
and transferred to the National Highway Traffic Safety Administra-
tion, to remain available until expended: Provided, That such funds
shall be transferred to and administered by the National Highway
Traffic Safety Administration: Provided further, That none of the
funds in this Act may be used to augment information technology
or computer support funds provided to NHTSA in excess of
$2,900,000: Provided further, That none of the funds appropriated
by this Act may be obligated or expended to plan, finalize, or