In the Senate of the United States,
October 20, 2005.
Resolved, That the bill from the House of Representa-
tives (H.R. 3058) entitled ‘‘An Act making appropriations for
the Departments of Transportation, Treasury, and Housing
and Urban Development, the Judiciary, District of Columbia,
and independent agencies for the fiscal year ending Sep-
tember 30, 2006, and for other purposes.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
DIVISION A—TRANSPORTATION, TREASURY, THE
JUDICIARY, HOUSING AND URBAN DEVELOP-
MENT, AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2006
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Transportation, Treasury, the Judiciary,
and Housing and Urban Development, and related agencies
for the fiscal year ending September 30, 2006, and for other
purposes, namely:
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TITLE I—DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$86,000,000, of which not to exceed $2,198,000 shall be
available for the immediate Office of the Secretary; not to
exceed $698,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $15,183,000 shall be
available for the Office of the General Counsel; not to exceed
$12,650,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$8,585,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed
$2,293,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed
$22,031,000 shall be available for the Office of the Assistant
Secretary for Administration; not to exceed $1,910,000 shall
be available for the Office of Public Affairs; not to exceed
$1,442,000 shall be available for the Office of the Executive
Secretariat; not to exceed $697,000 shall be available for
the Board of Contract Appeals; not to exceed $1,265,000
shall be available for the Office of Small and Disadvantaged
Business Utilization; not to exceed $2,033,000 for the Office
of Intelligence and Security; not to exceed $11,895,000 shall
be available for the Office of the Chief Information Officer;
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and not to exceed $3,120,000 shall be available for the Office
of Emergency Transportation: Provided, That the Secretary
of Transportation is authorized to transfer funds appro-
priated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further,
That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers: Pro-
vided further, That notice of any change in funding greater
than 5 percent shall be submitted for approval to the House
and Senate Committees on Appropriations: Provided fur-
ther, That not to exceed $60,000 shall be for allocation with-
in the Department for official reception and representation
expenses as the Secretary may determine: Provided further,
That notwithstanding any other provision of law, excluding
fees authorized in Public Law 107–71, there may be cred-
ited to this appropriation up to $2,500,000 in funds re-
ceived in user fees: Provided further, That none of the funds
made available in this Act may be used to enforce the re-
striction in section 29(a) of the International Air Transpor-
tation Competition Act of 1979 against the operation of
flights between Love Field, Texas, and one or more points
within the State of Missouri: Provided further, That the
Secretary of Transportation shall amend each air carrier’s
certificate of public convenience and necessity to authorize
the carrier operations consistent with the limitations of the
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preceding proviso: Provided further, That the Secretary of
Transportation, in consultation with the Secretary of
Health and Human Services and the Administrator of the
Federal Aviation Administration, not later than 60 days
after the date of enactment of this Act, shall establish proce-
dures with airport directors located at United States air-
ports that have incoming flights from any country that has
had cases of avian flu and with air carriers that provide
such flights to deal with situations where a passenger on
one of the flights has symptoms of avian flu.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$8,550,000.
TRANSPORTATION PLANNING, RESEARCH, AND
DEVELOPMENT
For necessary expenses for conducting transportation
planning, research, systems development, development ac-
tivities, and making grants, to remain available until ex-
pended, $15,000,000, of which $2,000,000 may be made
available to provide a grant to the Louisiana Department
of Transportation and Development to establish a program
under which the Louisiana Department of Transportation
and Development shall provide grants to parish and munic-
ipal governments in the State of Louisiana that experience
a significant spike in population because of an unexpected
influx of hurricane evacuees, as determined by the Lou-
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isiana Department of Transportation and Development, to
quickly implement smart and innovative plans to alleviate
traffic congestion and to address increased transportation
demands in the affected communities.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital out-
lays of the Working Capital Fund, not to exceed
$120,014,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Pro-
vided further, That the above limitation on operating ex-
penses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency
of the Department shall be transferred to the Working Cap-
ital Fund without the approval of the agency modal admin-
istrator: Provided further, That no assessments may be lev-
ied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assessments
and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such
Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $500,000, as author-
ized by 49 U.S.C. 332: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in sec-
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tion 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not
to exceed $18,367,000. In addition, for administrative ex-
penses to carry out the guaranteed loan program, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource
Center outreach activities, $3,000,000, to remain available
until September 30, 2007: Provided, That notwithstanding
49 U.S.C. 332, these funds may be used for business oppor-
tunities related to any mode of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other
source to carry out the essential air service program under
49 U.S.C. 41731 through 41742, $60,000,000, to be derived
from the Airport and Airway Trust Fund, to remain avail-
able until expended.
NEW HEADQUARTERS BUILDING
For necessary expenses of the Department of Transpor-
tation’s new headquarters building and related services,
$50,000,000, to remain available until expended.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Admin-
istration, not otherwise provided for, including operations
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and research activities related to commercial space trans-
portation, administrative expenses for research and develop-
ment, establishment of air navigation facilities, the oper-
ation (including leasing) and maintenance of aircraft, sub-
sidizing the cost of aeronautical charts and maps sold to
the public, lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available
by Public Law 108–176, $8,026,000,000, of which
$5,686,500,000 shall be derived from the Airport and Air-
way Trust Fund, of which not to exceed $6,627,010,000
shall be available for air traffic organization activities; not
to exceed $956,242,000 shall be available for aviation regu-
lation and certification activities; not to exceed $11,759,000
shall be available for commercial space transportation ac-
tivities; not to exceed $50,983,000 shall be available for fi-
nancial services activities; not to exceed $69,943,000 shall
be available for human resources program activities; not to
exceed $150,744,000 shall be available for region and center
operations and regional coordination activities; not to ex-
ceed $141,909,000 shall be available for staff offices; and
not to exceed $36,112,000 shall be available for information
services: Provided, That not to exceed 2 percent of any budg-
et activity, except for aviation regulation and certification
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
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increase or decrease any appropriation by more than 2 per-
cent: Provided further, That any transfer in excess of 2 per-
cent shall be treated as a reprogramming of funds under
section 710 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section: Provided further, That none
of the funds in this Act shall be available for the Federal
Aviation Administration to finalize or implement any reg-
ulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enact-
ment of this Act: Provided further, That there may be cred-
ited to this appropriation funds received from States, coun-
ties, municipalities, foreign authorities, other public au-
thorities, and private sources, for expenses incurred in the
provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates, includ-
ing airman, aircraft, and repair station certificates, or for
tests related thereto, or for processing major repair or alter-
ation forms: Provided further, That of the funds appro-
priated under this heading, not less than $7,500,000 shall
be for the contract tower cost-sharing program: Provided
further, That funds may be used to enter into a grant agree-
ment with a nonprofit standard-setting organization to as-
sist in the development of aviation safety standards: Pro-
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vided further, That none of the funds in this Act shall be
available for new applicants for the second career training
program: Provided further, That none of the funds in this
Act shall be available for paying premium pay under 5
U.S.C. 5546(a) to any Federal Aviation Administration
employee unless such employee actually performed work
during the time corresponding to such premium pay: Pro-
vided further, That none of the funds in this Act may be
obligated or expended to operate a manned auxiliary flight
service station in the contiguous United States: Provided
further, That none of the funds in this Act for aeronautical
charting and cartography are available for activities con-
ducted by, or coordinated through, the Working Capital
Fund: Provided further, That none of the funds in this Act
may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or
gift certificate through use of a Government-issued credit
card. In addition, $150,000,000 is for costs associated with
the flight service station transition.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, im-
provement by contract or purchase, and hire of air naviga-
tion and experimental facilities and equipment, as author-
ized under part A of subtitle VII of title 49, United States
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Code, including initial acquisition of necessary sites by
lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quar-
ters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and
the purchase, lease, or transfer of aircraft from funds avail-
able under this heading; to be derived from the Airport and
Airway 
Trust 
Fund, 
$2,448,000,000, 
of 
which
$2,024,579,000 shall remain available until September 30,
2008, and of which $423,421,000 shall remain available
until September 30, 2006: Provided, That there may be
credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and pri-
vate sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal
year 2007 President’s budget, the Secretary of Transpor-
tation shall transmit to the Congress a comprehensive cap-
ital investment plan for the Federal Aviation Administra-
tion which includes funding for each budget line item for
fiscal years 2007 through 2011, with total funding for each
year of the plan constrained to the funding targets for those
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years as estimated and approved by the Office of Manage-
ment and Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized
under part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and acqui-
sition of necessary sites by lease or grant, $134,500,000, to
be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2008: Provided,
That there may be credited to this appropriation funds re-
ceived from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred for
research, engineering, and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-
aid for airport planning and development, and noise com-
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475
of title 49, United States Code, and under other law author-
izing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and
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systems at airports of such title; for grants authorized under
section 41743 of title 49, United States Code; and for in-
spection activities and administration of airport safety pro-
grams, including those related to airport operating certifi-
cates under section 44706 of title 49, United States Code,
$3,390,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Pro-
vided, That none of the funds under this heading shall be
available for the planning or execution of programs the obli-
gations for which are in excess of $3,500,000,000 in fiscal
year 2006, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the
funds under this heading shall be available for the replace-
ment of baggage conveyor systems, reconfiguration of ter-
minal baggage areas, or other airport improvements that
are necessary to install bulk explosive detection systems:
Provided further, That notwithstanding any other provision
of law, not more than $71,096,000 of funds limited under
this heading shall be obligated for administration and not
less than $20,000,000 shall be available to carry out the
Small Community Air Service Development Program, to
remain available until expended: Provided further, That
not later than December 31, 2015, the owner or operator
of an airport certificated under 49 U.S.C. 44706 shall im-
prove the airport’s runway safety areas to comply with the
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Federal Aviation Administration design standards required
by 14 CFR part 139: Provided further, That the Federal
Aviation Administration shall report annually to the Con-
gress on the agency’s progress toward improving the run-
way safety areas at 49 U.S.C. 44706 airports.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the amounts authorized for the fiscal year ending
September 30, 2006 and prior years under sections 48103
and 48112 of title 49, United States Code, $1,174,000,000
are rescinded.
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION
ADMINISTRATION
SEC. 101. Notwithstanding any other provision of law,
airports may transfer without consideration to the Federal
Aviation Administration (FAA) instrument landing sys-
tems (along with associated approach lighting equipment
and runway visual range equipment) which conform to
FAA design and performance specifications, the purchase
of which was assisted by a Federal airport-aid program,
airport development aid program or airport improvement
program grant: Provided, That the Federal Aviation Ad-
ministration shall accept such equipment, which shall there-
after be operated and maintained by FAA in accordance
with agency criteria.
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SEC. 102. None of the funds in this Act may be used
to compensate in excess of 375 technical staff-years under
the federally funded research and development center con-
tract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during
fiscal year 2006.
SEC. 103. None of the funds in this Act shall be used
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance,
utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air
navigation, or weather reporting: Provided, That the prohi-
bition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agree-
ment on ‘‘below-market’’ rates for these items or to grant
assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
SEC. 104. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303: Provided, That during fiscal year 2006, 49
U.S.C. 41742(b) shall not apply, and any amount remain-
ing in such account at the close of that fiscal year may
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be made available to satisfy section 41742(a)(1) for the sub-
sequent fiscal year.
SEC. 105. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the appro-
priation current at the time of collection, to be merged with
and available for the same purposes of such appropriation.
SEC. 106. (a) Section 44302(f)(1) of title 49, United
States Code, is amended by striking ‘‘2005,’’ each place it
appears and inserting ‘‘2006,’’.
(b) Section 44303(b) of such title is amended by strik-
ing ‘‘2005,’’ and inserting ‘‘2006,’’.
(c) Section 47114(c)(1)(F) of title 49, United States
Code, is amended by striking ‘‘and 2005’’ each place it ap-
pears in the text and in the heading and inserting ‘‘, 2005,
and 2006’’.
SEC. 107. Notwithstanding any provision of law, the
Secretary of Transportation is authorized and directed to
make project grants under chapter 471 of title 49, United
States Code, from funds available for fiscal year 2006 and
thereafter under 49 U.S.C. 48103, for the cost of acquisition
of land, or reimbursement of the cost of land if purchased
prior to enactment of this provision and prior to a grant
agreement, for non-exclusive use aeronautical purposes on
an airport layout plan that has been approved by the Sec-
retary on January 23, 2004, pursuant to section 49 U.S.C.
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47107(a)(16), for any small hub airport as defined in 49
U.S.C. 47102, and had scheduled or chartered direct inter-
national flights totaling at least 200 million pounds gross
aircraft landed weight for calendar year 2002.
SEC. 108. (a) Section 47108 of title 49, United States
Code, is amended in subsection (e) by adding the following
new paragraph at the end:
‘‘(3) CHANGES TO NONHUB PRIMARY STATUS.—
If the status of a nonhub primary airport changes to
a small hub primary airport at a time when the air-
port has received discretionary funds under this chap-
ter for a terminal development project in accordance
with section 47110(d)(2), and the project is not yet
completed, the project shall remain eligible for fund-
ing from the discretionary fund and the small airport
fund to pay costs allowable under section 47110(d).
Such project shall remain eligible for such funds for
three fiscal years after the start of construction of the
project, or if the Secretary determines that a further
extension of eligibility is justified, until the project is
completed.’’.
(b) 
CONFORMING
AMENDMENT.—Section
47110(d)(2)(A) is amended by striking ‘‘(A) the’’ and in-
serting ‘‘(A) except as provided in section 47108(e)(3), the’’.
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SEC. 109. None of the funds appropriated or otherwise
made available in this Act may be used by the Federal
Aviation Administration for ARAC consolidation of Fort
Sill, Oklahoma into OKC TRACON: Provided, That
$3,000,000 of the fund appropriated under the heading ‘‘FA-
CILITIES AND EQUIPMENT’’ shall be available for ARAC op-
eration and maintenance at Fort Sill, Oklahoma.
SEC. 110. Section 40128(e) of title 49, United States
Code, is amended by adding at the end the following: ‘‘For
purposes of this subsection, an air tour operator flying over
the Hoover Dam in the Lake Mead National Recreation
Area en route to the Grand Canyon National Park shall
be deemed to be flying solely as a transportation route.’’.
Nothing in this provision shall allow exemption from over-
flight rules for the Grand Canyon.
SEC. 111. EXTENSION
OF REQUIREMENT
FOR AIR
CARRIERS TO HONOR TICKETS FOR SUSPENDED AIR PAS-
SENGER SERVICE.
Section 145(c) of the Aviation and Transportation Se-
curity Act (49 U.S.C. 40101 note) is amended by striking
‘‘November 19, 2005.’’ and inserting ‘‘November 30, 2006.’’.
SEC. 112. (a)(1) This section shall apply to an em-
ployee of the Federal Aviation Administration, who—
(A) would be involuntarily separated as a result
of the reorganization of the Flight Services Unit fol-
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lowing the outsourcing of flight service duties to a
contractor;
(B) was not eligible by October 3, 2005 for an
immediate annuity under a Federal retirement sys-
tem; and
(C) assuming continued Federal employment,
would attain eligibility for an immediate annuity
under section 8336(d) or 8414(b) of title 5, United
States Code, not later than October 4, 2007.
(2) Notwithstanding any other provision of law, dur-
ing the period beginning on the date of enactment of this
Act and ending October 4, 2007, an employee described
under paragraph (1) may, with the approval of the Admin-
istrator of the Federal Aviation Administration or the des-
ignee of the Administrator, accept an assignment to such
contractor within 14 days after the date of enactment of
this section.
(3) Except as provided in subsection (c), an employee
appointed under paragraph (1)—
(A) shall be a temporary Federal employee for
the duration of the assignment;
(B) notwithstanding such temporary status, shall
retain previous enrollment or participation in Fed-
eral employee benefits programs under chapters 83,
84, 87, and 89 of title 5, United States Code; and
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(C) shall be considered to have not had a break
in service for purposes of chapters 83, 84, and sec-
tions 8706(b) and 8905(b) of title 5, United States
Code, except no service credit or benefits shall be ex-
tended retroactively.
(4) An assignment and temporary appointment under
this section shall terminate on the earlier of—
(A) October 4, 2007; or
(B) the date on which the employee first becomes
eligibility for an immediate annuity under section
8336(d) or 8414(b) of title 5, United States Code.
(5) Such funds as may be necessary are authorized for
the Federal Aviation Administration to pay the salary and
benefits of an employee assigned under this section, but no
funds are authorized to reimburse the employing contractor
for the salary and benefits of an employee so assigned.
(b) An employee who is being involuntarily separated
as a result of the reorganization of the Flight Services Unit
following the outsourcing of flight service duties to a con-
tractor, and is eligible to use annual leave under the condi-
tions of section 6302(g) of title 5, United States Code, may
use such leave to—
(1) qualify for an immediate annuity or to meet
the age or service requirements for an enhanced annu-
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ity that the employee could qualify for under sections
8336, 8412, or 8414; or
(2) to meet the requirements under section
8905(b) of title 5, United States Code, to qualify to
continue health benefits coverage after retirement from
service.
(c)(1) Nothing in this section shall—
(A) affect the validity or legality of the reduc-
tion-in-force actions of the Federal Aviation Adminis-
tration effective October 3, 2005; or
(B) create any individual rights of actions re-
garding such reduction-in-force or any other actions
related to or arising under the competitive sourcing
of flight services.
(2) An employee subject to this section shall not be—
(A) covered by chapter 71 of title 5, United
States Code, while on the assignment authorized by
this section; or
(B) subject to section 208 of title 18, United
States Code.
(3) Temporary employees assigned under this section
shall not be Federal employees for purposes of chapter 171
of title 28, United States Code (commonly referred to as
the Federal Tort Claims Act). Chapter 171 of title 28,
United States Code (commonly referred to as the Federal
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Tort Claims Act) and any other Federal tort liability stat-
ute shall not apply to an employee who is assigned to a
contractor under subsection (a).
SEC. 113. (a) In this section:
(1) The term ‘‘Conservation Area’’ means the
Sloan Canyon National Conservation Area established
by section 604(a) of the Clark County Conservation of
Public Land and Natural Resources Act of 2002 (116
Stat. 2010).
(2) The term ‘‘County’’ means Clark County, Ne-
vada.
(3)(A) The term ‘‘helicopter tour’’ means a com-
mercial helicopter tour operated for profit.
(B) The term ‘‘helicopter tour’’ does not include
a helicopter tour that is carried out to assist a Fed-
eral, State, or local agency.
(4) The term ‘‘Secretary’’ means the Secretary of
the Interior.
(5) The term ‘‘Wilderness’’ means the North
McCullough Mountains Wilderness established by sec-
tion 202(a)(13) of the Clark County Conservation of
Public Land and Natural Resources Act of 2002 (116
Stat. 2000).
(b) As soon as practicable after the date of enactment
of this Act, the Secretary shall convey to the County, subject
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to valid existing rights, for no consideration, all right, title,
and interest of the United States in and to the parcel of
land described in subsection (c).
(c) The parcel of land to be conveyed under subsection
(b) is the parcel of approximately 229 acres of land depicted
as tract A on the map entitled ‘‘Clark County Public Heli-
port Facility’’ and dated May 3, 2004.
(d)(1) The parcel of land conveyed under subsection
(b)—
(A) shall be used by the County for the operation
of a heliport facility under the conditions stated in
paragraphs (2), (3), and (4); and
(B) shall not be disposed of by the County.
(2)(A) Any operator of a helicopter tour originating
from or concluding at the parcel of land described in sub-
section (c) shall pay to the Clark County Department of
Aviation a $3 conservation fee for each passenger on the
helicopter tour if any portion of the helicopter tour occurs
over the Conservation Area.
(B)(i) Not earlier than 10 years after the date of enact-
ment of this Act and every 10 years thereafter, the Secretary
shall conduct a review to determine whether to raise the
amount of the conservation fee.
(ii) After conducting a review under clause (i) and
providing an opportunity for public comment, the Sec-
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retary may raise the amount of the conservation fee in an
amount determined to be appropriate by the Secretary, but
by not more than 50 percent of the amount of the conserva-
tion fee in effect on the day before the date of the increase.
(3)(A) The amounts collected under paragraph (2)
shall be deposited in a special account in the Treasury of
the United States.
(B) Of the amounts deposited under subparagraph
(A)—
(i) 2⁄3 of the amounts shall be available to the
Secretary, without further appropriation, for the
management of cultural, wildlife, and wilderness re-
sources on public land in the State of Nevada; and
(ii) 1⁄3 of the amounts shall be available to the
Director of the Bureau of Land Management, without
further appropriation, for the conduct of Bureau of
Land Management operations for the Conservation
Area and the Red Rock Canyon National Conserva-
tion Area.
(4)(A) Except for safety reasons, any helicopter tour
originating or concluding at the parcel of land described
in subsection (c) that flies over the Conservation Area shall
not fly—
(i) over any area in the Conservation Area ex-
cept the area that is between 3 and 5 miles north of
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the latitude of the southernmost boundary of the Con-
servation Area;
(ii) lower than 1,000 feet over the eastern seg-
ments of the boundary of the Conservation Area; or
(iii) lower than 500 feet over the western seg-
ments of the boundary of the Conservation Area.
(B) The Administrator of the Federal Aviation Admin-
istration shall establish a special flight rules area and any
operating procedures that the Administrator determines to
be necessary to implement subparagraph (A).
(5) If the County ceases to use any of the land de-
scribed in subsection (c) for the purpose described in para-
graph (1)(A) and under the conditions stated in paragraph
(2)—
(A) title to the parcel shall revert to the
United States, at the option of the United States;
and
(B) the County shall be responsible for any
reclamation necessary to revert the parcel to the
United States.
(e) The Secretary shall require, as a condition of the
conveyance under subsection (b), that the County pay the
administrative costs of the conveyance, including survey
costs and any other costs associated with the transfer of
title.
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FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Necessary expenses for administration and operation
of the Federal Highway Administration, not to exceed
$364,638,000, shall be paid in accordance with law from
appropriations made available by this Act to the Federal
Highway Administration together with advances and reim-
bursements received by the Federal Highway Administra-
tion.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
None of the funds in this Act shall be available for
the implementation or execution of programs, the obliga-
tions for which are in excess of $40,194,259,000 for Federal-
aid highways and highway safety construction programs for
fiscal year 2006: Provided, That within the $40,194,259,000
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $408,491,420
shall be available for the implementation or execution of
programs for transportation research (sections 502, 503,
504, 506, 507, and 508 of title 23, United States Code, as
amended; section 5505 of title 49, United States Code, as
amended; and sections 5112 and 5204–5209 of Public Law
105–178) for fiscal year 2005: Provided further, That this
limitation on transportation research programs shall not
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apply to any authority previously made available for obli-
gation.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for car-
rying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, including the
National Scenic and Recreational Highway as authorized
by 23 U.S.C. 148, not otherwise provided, including reim-
bursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $40,194,259,000 or so much thereof as may
be available in and derived from the Highway Trust Fund,
to remain available until expended.
FEDERAL-AID HIGHWAYS
HIGHWAY TRUST FUND
(RESCISSION)
Of the unobligated balances of funds apportioned to
each State under chapter 1 of title 23, United States Code,
$2,300,000,000 are rescinded: Provided, That such rescis-
sion shall not apply to the funds distributed in accordance
with 23 U.S.C. 133(d)(1) and the first sentence of 23 U.S.C.
133(d)(3)(A) or to the funds apportioned to the program
authorized under section 163 of title 23, United States Code.
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
For necessary expenses for the Appalachian Develop-
ment Highway System as authorized under section 1069(y)
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of Public Law 102–240, as amended, $80,000,000, to re-
main available until expended.
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY
ADMINISTRATION
SEC. 120. (a) For fiscal year 2006, the Secretary of
Transportation shall—
(1) not distribute from the obligation limitation
for Federal-aid highways amounts authorized for ad-
ministrative expenses and programs funded from the
administrative 
takedown 
authorized 
by 
section
104(a)(1)(A) of title 23, United States Code, for the
highway use tax evasion program, and for the Bureau
of Transportation Statistics;
(2) not distribute an amount from the obligation
limitation for Federal-aid highways 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 highways and high-
way safety programs for the prior fiscal years the
funds for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation limitation for Federal-aid
highways less the aggregate of amounts not dis-
tributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and high-
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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 sub-
section (b)(8)) for such fiscal year less the aggre-
gate of the amounts not distributed under para-
graph (1) of this subsection;
(4) distribute the obligation limitation for Fed-
eral-aid highways less the aggregate amounts not dis-
tributed under paragraphs (1) and (2) for section 201
of the Appalachian Regional Development Act of 1965
and $2,000,000,000 for such fiscal year under section
105 of title 23, United States Code (relating to min-
imum guarantee) so that the amount of obligation au-
thority available for each of such sections is equal to
the amount determined by multiplying the ratio de-
termined under paragraph (3) by the sums authorized
to be appropriated for such section (except in the case
of section 105, $2,000,000,000) for such fiscal year;
(5) distribute the obligation limitation provided
for Federal-aid highways less the aggregate amounts
not distributed under paragraphs (1) and (2) and
amounts distributed under paragraph (4) for each of
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the programs that are allocated by the Secretary
under title 23, United States Code (other than activi-
ties 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 limitation provided
for Federal-aid highways less the aggregate amounts
not distributed under paragraphs (1) and (2) and
amounts distributed under paragraphs (4) and (5) for
Federal-aid highways and highway safety construc-
tion programs (other than the minimum guarantee
program, but only to the extent that amounts appor-
tioned for the minimum guarantee program for such
fiscal year exceed $2,639,000,000, and the Appa-
lachian development highway system program) that
are apportioned by the Secretary under 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.
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(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—
The obligation limitation for Federal-aid highways shall
not apply to obligations: (1) under section 125 of title 23,
United States Code; (2) under section 147 of the Surface
Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under sec-
tions 131(b) and 131(j) of the Surface Transportation As-
sistance 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 the day before the date of the enactment of
the Transportation Equity Act for the 21st Century; (8)
under section 105 of title 23, United States Code (but, only
in an amount equal to $639,000,000 for such fiscal year);
and (9) for Federal-aid highway programs for which obliga-
tion authority was made available under the Transpor-
tation Equity Act for the 21st Century or subsequent public
laws for multiple years or to remain available until used,
but only to the extent that such obligation authority has
not lapsed or been used.
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary
shall after August 1 for such fiscal year revise a distribution
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of the obligation limitation made available under subsection
(a) if a State will not obligate the amount distributed dur-
ing that fiscal year and redistribute sufficient amounts to
those States able to obligate amounts in addition to those
previously distributed during that fiscal year giving pri-
ority to those States having large unobligated balances of
funds apportioned under sections 104 and 144 of title 23,
United States Code, section 160 (as in effect on the day
before the enactment of the Transportation Equity Act for
the 21st Century) of title 23, United States Code, and under
section 1015 of the Intermodal Surface Transportation Effi-
ciency Act of 1991.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO
TRANSPORTATION RESEARCH PROGRAMS.—The obligation
limitation shall apply to transportation research programs
carried out under chapter 5 of title 23, United States Code,
except that obligation authority made available for such
programs under such limitation shall remain available for
a period of 3 fiscal years.
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED
FUNDS.—Not later than 30 days after the date of the dis-
tribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds: (1) that
are authorized to be appropriated for such fiscal year for
Federal-aid highways programs (other than the program
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under section 160 of title 23, United States Code) and for
carrying out subchapter I of chapter 311 of title 49, United
States Code, and highway-related programs under chapter
4 of title 23, United States Code; and (2) that the Secretary
determines 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 (a)(6). The funds so distributed shall be available
for any purposes described in section 133(b) of title 23,
United States Code.
(f) SPECIAL RULE.—Obligation limitation distributed
for a fiscal year under subsection (a)(4) of this section for
a section set forth in subsection (a)(4) shall remain avail-
able until used and shall be in addition to the amount of
any limitation imposed on obligations for Federal-aid high-
way and highway safety construction programs for future
fiscal years.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bu-
reau for such expenses: Provided, That such funds shall be
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subject to the obligation limitation for Federal-aid high-
ways and highway safety construction.
SEC. 122. BYPASS BRIDGE AT HOOVER DAM. (a) IN
GENERAL.—Subject to subsection (b), the Secretary of
Transportation may 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 replenishment
for that project.
(b) REIMBURSEMENT.—Funds expended under sub-
section (a) shall be reimbursed from the funds made avail-
able 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 agreement 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. BUS AXLE WEIGHT EXEMPTION. Section
1023 of the Intermodal Surface Transportation Efficiency
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Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951) is amend-
ed by striking subsection (h) and inserting the following:
‘‘(h) OVER-THE-ROAD BUS AND PUBLIC TRANSIT VE-
HICLE EXEMPTION.—
‘‘(1) IN GENERAL.—The second sentence of sec-
tion 127 of title 23, United States Code (relating to
axle weight limitations for vehicles using the Dwight
D. Eisenhower System of Interstate and Defense
Highways), shall not apply to—
‘‘(A) any over-the-road bus (as defined in
section 301 of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12181)); or
‘‘(B) any vehicle that is regularly and ex-
clusively used as an intrastate public agency
transit passenger bus.
‘‘(2) STATE ACTION.—No State or political sub-
division of a State, or any political authority of 2 or
more States, shall impose any axle weight limitation
on any vehicle described in paragraph (1) in any case
in which such a vehicle is using the Dwight D. Eisen-
hower System of Interstate and Defense Highways.’’.
SEC. 125. Notwithstanding any other provision of
law, access to the I–5 ‘‘Transit Only’’ ramps at NE 163rd
in Shoreline, Washington shall be expanded to include
King County Solid Waste Division transfer vehicles upon
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the determination of the Federal Highway Administrator
that necessary safety improvements have been completed.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in the implemen-
tation, execution and administration of the motor carrier
safety program, motor carrier safety research, motor carrier
outreach and education, $211,400,000, to be derived from
the Highway Trust Fund, together with advances and reim-
bursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available
until expended: Provided, That none of the funds under this
heading shall be available for the implementation, execution
or administration of programs the obligations for which are
in excess of $211,400,000, for ‘‘Motor Carrier Safety Oper-
ations and Programs’’, of which $9,600,000, to remain
available until September 30, 2009, is for the research and
technology program; and of which up to $6,800,000 shall
be available to make grants to, or enter into contracts with,
States, local government, or other persons for the commer-
cial vehicle analysis reporting system, and the Federal
share payable under such grants shall be 100 percent.
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MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
For payment of obligations incurred in carrying out
sections 31102, 31106, and 31309 of title 23, United States
Code, $278,620,000 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 $278,620,000 for ‘‘Motor Carrier
Safety Grants’’, of which $193,620,000 shall be available
for Motor Carrier Safety Assistance Program grants to
States; of which $33,000,000 shall be available for Border
Enforcement grants to States; $4,000,000 shall be available
for Performance and Registration Information System
Management grants to States; $23,000,000 shall be avail-
able for the Commercial Driver’s License and Driver Im-
provement Program grants to States; and $25,000,000 shall
be available for Commercial Vehicle Information Systems
and Networks grants to States: Provided further, That for
grants made to States for implementation of section 210
of the Motor Carrier Safety Improvement Act of 1999 (113
Stat. 1764–1765), and for grants to States, local govern-
ments, or other entities for commercial driver’s license pro-