‘‘(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, including 
the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the Forest 
and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1600 et seq.), 
and the Federal Land Policy and Manage-
ment 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 rec-
reational 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 incurred 
in administering the program, but in an amount 
not to exceed 7 percent of the apportionment 
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 sec-
tion 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 Fed-
eral 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.—Section 
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 accord-
ance 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. 1119. 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 INDIAN 
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 highway, 
road, bridge, parkway, or transit facility project 
that is located on an Indian reservation or pro-
vides access to the reservation or a community of 
the Indian tribe shall be made available, on the 
request of the Indian tribal government, to the 
Indian tribal government for use in carrying 
out, in accordance with the Indian Self-Deter-
mination and Education Assistance Act (25 
U.S.C. 450 et seq.), contracts and agreements for 
the planning, research, engineering, and con-
struction 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 organizational 
level at which the Department of the Interior has 
previously carried out, or the Department of 
Transportation has previously carried out under
the Federal lands highway programs, the pro-
grams, 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 Indian 
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 accordance 
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 Bu-
reau of Indian Affairs for administration 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 In-
dian tribal government demonstrates to the satis-
faction 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, dur-
ing the preceding fiscal year, had no uncorrected 
significant and material audit exceptions in the 
required annual audit of the Indian tribe’s self-
determination contracts or self-governance fund-
ing 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 inherently 
cannot be legally transferred under the Indian 
Self-Determination and Education Assistance 
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 ad-
ministering the funds transferred to the Indian 
tribal government for such project under this sec-
tion if such funds had not been transferred, ex-
cept to the extent that such powers are powers 
that inherently cannot be legally transferred 
under the Indian Self-Determination and Edu-
cation 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 
2005 and each fiscal year thereafter, any al-
location 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 with-
in the village and those proposed primary 
access routes for inclusion by tribal village 
governments, including roads and trails be-
tween 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 eco-
nomic development, and roads and trails 
that provide access to intermodal termini, 
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)(2)(A) of such title is amended by 
inserting before the period at the end the following: ‘‘; except 
that, beginning October 1, 2004, the Secretary may use up 
to 3 percent of such funds for making grants to Indian 
tribes for the purpose of financing transportation debt for 
individual Indian reservation roads subject to all require-
ments 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 following: 
‘‘(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 associ-
ated with the tribal transportation program.’’. 
(e) ALASKA NATIVE VILLAGE TRANSPORTATION PRO-
GRAM.—
(1) ESTABLISHMENT.—Not later than 3 months 
after the date of enactment of this Act, the Secretary 
and the Denali Commission, in coordination with the 
Alaska Federation of Natives, shall establish an Alas-
ka Native Village transportation program to pay the 
costs of planning, design, construction, and mainte-
nance of road and other surface transportation facili-
ties 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 Indian res-
ervation road program under section 202 of title 23, 
United States Code. 
SEC. 1120. 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 subpara-
graph (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 in-
serting ‘‘construction, maintenance, and improve-
ments’’. 
(b) FOREST HIGHWAYS.—Of the amounts made avail-
able 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 high-
ways 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 referred 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 De-
partment 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 include, 
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 develop 
a training course on addressing wildlife vehicle colli-
sions for transportation professionals. 
SEC. 1121. PEDESTRIAN AND CYCLIST EQUITY. 
(a) SAFE ROUTES TO SCHOOL PROGRAM.—
(1) ESTABLISHMENT.—Subject to the require-
ments of this subsection, the Secretary shall establish 
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 transportation alter-
native, 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 pri-
mary and middle schools in all the States. 
(B) MINIMUM APPORTIONMENT.—No State 
shall receive an apportionment under this sub-
section 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 ENROLL-
MENTS.—Determinations under this paragraph 
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 con-
struction of infrastructure-related projects 
that will substantially improve the ability 
of students to walk and bike to school, in-
cluding 
sidewalk 
improvements, 
traffic 
calming and speed reduction improvements, 
pedestrian and bicycle crossing improve-
ments, on-street bicycle facilities, off-street 
bicycle and pedestrian facilities, secure bi-
cycle parking facilities, and traffic diver-
sion improvements in the vicinity of 
schools. 
(ii) LOCATION
OF
PROJECTS.—Infra-
structure-related projects under subpara-
graph (A) may be carried out on any public 
road or any bicycle or pedestrian pathway 
or trail in the vicinity of schools. 
(B) NONINFRASTRUCTURE-RELATED ACTIVI-
TIES.—
(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 education 
and enforcement in the vicinity of schools, 
student sessions on bicycle and pedestrian 
safety, health, and environment, and fund-
ing for training, volunteers, and managers 
of safe routes to school programs. 
(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 apportionment 
under this subsection for a fiscal year shall use 
a sufficient amount of the apportionment 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 programs. 
(B) FUNDING.—The Secretary shall carry 
out this paragraph using amounts set aside for 
administrative expenses under paragraph (3)(C).
(8) TASK FORCE.—
(A) IN GENERAL.—The Secretary shall es-
tablish a national safe routes to school task force 
composed of leaders in health, transportation, 
and education, including representatives of ap-
propriate Federal agencies, to study and develop 
a strategy for advancing safe routes to school 
programs nationwide. 
(B) REPORT.—Not later than March 31, 
2006, the Secretary shall transmit to Congress a 
report containing the results of the study con-
ducted, and a description of the strategy devel-
oped, under subparagraph (A) and information 
regarding the use of funds for infrastructure-re-
lated and noninfrastructure-related activities 
under subparagraphs (A) and (B) of paragraph 
(6). 
(C) FUNDING.—The Secretary shall carry 
out this paragraph using amounts set aside for 
administrative expenses under paragraph (3)(C). 
(9) APPLICABILITY OF TITLE 23.—Funds made 
available to carry out this subsection shall be avail-
able for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, 
United States Code; except that such funds shall not
be transferable and shall remain available until ex-
pended and the Federal share of the cost of a project 
or activity under this section shall be 100 percent. 
Notwithstanding any other provision of law, projects 
assisted under this subsection shall be treated as 
projects on a Federal-aid system under such chapter. 
(10) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) IN
THE
VICINITY
OF
SCHOOLS.—The 
term ‘‘in the vicinity of schools’’ means, with re-
spect to a school, the area within bicycling and 
walking distance of the school (approximately 2 
miles). 
(B) PRIMARY AND MIDDLE SCHOOLS.—The 
term ‘‘primary and middle schools’’ means 
schools providing education from kindergarten 
through eighth grade. 
(C) STATE.—The term ‘‘State’’ has the 
meaning such term has in section 101(a) of title 
23, United States Code. 
(b) NONMOTORIZED TRANSPORTATION PILOT PRO-
GRAM.—
(1) ESTABLISHMENT.—The Secretary shall estab-
lish and carry out a nonmotorized transportation 
pilot program to construct, in 4 communities selected
by the Secretary, a network of nonmotorized transpor-
tation infrastructure facilities, including sidewalks, 
bicycle lanes, and pedestrian and bicycle trails, that 
connect directly with transit stations, schools, resi-
dences, businesses, recreation areas, and other commu-
nity activity centers. 
(2) PURPOSE.—The purpose of the program shall 
be to demonstrate the extent to which bicycling and 
walking can carry a significant part of the transpor-
tation load, and represent a major portion of the 
transportation solution, within selected communities. 
(3) GRANTS.—In carrying out the program, the 
Secretary may make grants to State, local, and re-
gional agencies, that the Secretary determines are 
suitably equipped and organized to carry out the ob-
jectives and requirements of this subsection. An agen-
cy that receives a grant under this subsection may 
suballocate grant funds to a nonprofit organization to 
carry out the program under this subsection. 
(4) APPLICABILITY OF TITLE 23.—Funds made 
available to carry out this subsection shall be avail-
able 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 cost of a project carried out under this subsection