H. R. 3—46
(2) in subparagraph (C) by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(D) the non-Federal share of the cost of any project 
funded under this title or chapter 53 of title 49 that pro-
vides access to or within a wildlife refuge; and 
‘‘(E) maintenance and improvement of recreational 
trails; except that expenditures on trails under this 
subparagraph shall not exceed 5 percent of available funds 
for each fiscal year.’’. 
(k) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.—Section 
204 of such title is amended by adding at the end the following: 
‘‘(l) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.—
‘‘(1) IN GENERAL.—An Indian tribe and a State may enter 
into a road maintenance agreement under which an Indian 
tribe assumes the responsibilities of the State for—
‘‘(A) Indian reservation roads; and 
‘‘(B) roads providing access to Indian reservation roads. 
‘‘(2) TRIBAL-STATE AGREEMENTS.—Agreements entered into 
under paragraph (1)—
‘‘(A) shall be negotiated between the State and the 
Indian tribe; and 
‘‘(B) shall not require the approval of the Secretary. 
‘‘(3) ANNUAL REPORT.—Effective beginning with fiscal year 
2005, the Secretary shall prepare and submit to Congress an 
annual report that identifies—
‘‘(A) the Indian tribes and States that have entered 
into agreements under paragraph (1); 
‘‘(B) the number of miles of roads for which Indian 
tribes have assumed maintenance responsibilities; and 
‘‘(C) the amount of funding transferred to Indian tribes 
for the fiscal year under agreements entered into under 
paragraph (1).’’. 
(l) DEPUTY ASSISTANT SECRETARY
OF TRANSPORTATION
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.—
‘‘(1) ESTABLISHMENT.—In accordance with Federal policies 
promoting Indian self determination, the Department of 
Transportation shall have, within the office of the Secretary, 
a Deputy Assistant Secretary for Tribal Government Affairs 
appointed by the President to plan, coordinate, and implement 
the Department of Transportation policy and programs 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 relating to, or having an impact 
on, projects, programs, or funding associated with the tribal 
transportation program. 
‘‘(2) RESERVATION OF TRUST OBLIGATIONS.—
‘‘(A) RESPONSIBILITY OF SECRETARY.—In carrying out 
this title, the Secretary shall be responsible to exercise 
the trust obligations of the United States to Indians and
H. R. 3—47
Indian tribes to ensure that the rights of a tribe or indi-
vidual Indian are protected. 
‘‘(B) PRESERVATION
OF
UNITED
STATES
RESPONSI-
BILITY.—Nothing in this title shall absolve the United 
States from any responsibility to Indians and Indian tribes, 
including responsibilities derived from the trust relation-
ship and any treaty, executive order, or agreement between 
the United States and an Indian tribe.’’. 
(m) FOREST HIGHWAYS.—Of the amounts made available for 
public lands highways under section 1101—
(1) not to exceed $20,000,000 per fiscal year may be used 
for the maintenance of forest highways; 
(2) not to exceed $1,000,000 per fiscal year may be used 
for signage identifying public hunting and fishing access; and 
(3) not to exceed $10,000,000 per fiscal year shall be used 
by the Secretary of Agriculture to pay the costs of facilitating 
the passage of aquatic species beneath roads in the National 
Forest System, including the costs of constructing, maintaining, 
replacing, or removing culverts and bridges, as appropriate. 
(n) 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 include 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 car-
rying out the study, the Secretary shall—
(i) conduct a thorough literature review; and 
(ii) survey current practices of the Department 
of Transportation. 
(3) CONSULTATION.—In carrying out the study, the Sec-
retary 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 Secretary shall submit 
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 collisions. 
(iii) Solutions to and prevention of wildlife vehicle 
collisions. 
(5) MANUAL.—
(A) DEVELOPMENT.—Based upon the results 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 avail-
able 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 min-
imum, the following: 
(i) A list of best practices addressing wildlife 
vehicle collisions.
H. R. 3—48
(ii) A list of information, technical, and funding 
resources for addressing wildlife vehicle collisions. 
(iii) Recommendations for addressing wildlife 
vehicle collisions. 
(iv) Guidance for developing a State action plan 
to address wildlife vehicle collisions. 
(6) TRAINING.—Based upon the manual developed under 
paragraph (5), the Secretary shall develop a training course 
on addressing wildlife vehicle collisions for transportation 
professionals. 
(o) LIMITATION
ON APPLICABILITY.—The requirements of the 
January 4, 2005, Federal Highway Administration, a final rule 
on the implementation of the Uniform Relocation Assistance and 
Real Property Acquisition policy Act of 1970 (42 U.S.C. 4601 et 
seq.) shall not apply to the voluntary conservation easement activi-
ties of the Department of Agriculture or the Department of the 
Interior. 
SEC. 1120. PUERTO RICO HIGHWAY PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 23, United 
States Code, is amended by adding at the end the following: 
‘‘§ 165. Puerto Rico highway program 
‘‘(a) IN GENERAL.—The Secretary shall allocate funds made 
available to carry out this section for each of fiscal years 2005 
through 2009 to the Commonwealth of Puerto Rico to carry out 
a highway program in the Commonwealth. 
‘‘(b) APPLICABILITY OF TITLE.—Amounts made available by sec-
tion 1101(a)(14) of the SAFETEA–LU shall be available for obliga-
tion in the same manner as if such funds were apportioned under 
this chapter. 
‘‘(c) TREATMENT OF FUNDS.—Amounts made available to carry 
out this section for a fiscal year shall be administered as follows: 
‘‘(1) APPORTIONMENT.—For the purpose of imposing any 
penalty under this title or title 49, the amounts shall be treated 
as being apportioned to Puerto Rico under sections 104(b) and 
144, for each program funded under those sections in an amount 
determined by multiplying—
‘‘(A) the aggregate of the amounts for the fiscal year; 
by 
‘‘(B) the ratio that—
‘‘(i) the amount of funds apportioned to Puerto 
Rico for each such program for fiscal year 1997; bears 
to 
‘‘(ii) the total amount of funds apportioned to 
Puerto Rico for all such programs for fiscal year 1997. 
‘‘(2) PENALTY.—The amounts treated as being apportioned 
to Puerto Rico under each section referred to in paragraph 
(1) shall be deemed to be required to be apportioned to Puerto 
Rico under that section for purposes of the imposition of any 
penalty under this title or title 49. 
‘‘(d) EFFECT ON ALLOCATIONS AND APPORTIONMENTS.—Subject 
to subsection (c)(2), nothing in this section affects any allocation 
under section 105 and any apportionment under sections 104 and 
144.’’.
H. R. 3—49
(b) CONFORMING AMENDMENT.—The analysis for subchapter I 
of chapter 1 of such title is amended by adding at the end the 
following:
‘‘165. Puerto Rico highway program.’’.
(c) DEFINITION OF STATE.—For the purposes of apportioning 
funds under sections 104, 105, 130, 144, and 206 of title 23, United 
States Code, and section 1404, relating to the safe routes to school 
program, the term ‘‘State’’ means any of the 50 States and the 
District of Columbia. 
SEC. 1121. HOV FACILITIES. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1120 of this Act), is amended 
by adding at the end the following: 
‘‘§ 166. HOV facilities 
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY OF STATE AGENCIES.—A State agency that 
has jurisdiction over the operation of a HOV facility shall 
establish the occupancy requirements of vehicles operating on 
the facility. 
‘‘(2) OCCUPANCY REQUIREMENT.—Except as otherwise pro-
vided by this section, no fewer than two occupants per vehicle 
may be required for use of a HOV facility. 
‘‘(b) EXCEPTIONS.—
‘‘(1) IN GENERAL.—Notwithstanding the occupancy require-
ment of subsection (a)(2), the exceptions in paragraphs (2) 
through (5) shall apply with respect to a State agency operating 
a HOV facility. 
‘‘(2) MOTORCYCLES AND BICYCLES.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
State agency shall allow motorcycles and bicycles to use 
the HOV facility. 
‘‘(B) SAFETY EXCEPTION.—
‘‘(i) IN GENERAL.—A State agency may restrict use 
of the HOV facility by motorcycles or bicycles (or both) 
if the agency certifies to the Secretary that such use 
would create a safety hazard and the Secretary accepts 
the certification. 
‘‘(ii) ACCEPTANCE
OF
CERTIFICATION.—The Sec-
retary may accept a certification under this subpara-
graph only after the Secretary publishes notice of the 
certification in the Federal Register and provides an 
opportunity for public comment. 
‘‘(3) PUBLIC TRANSPORTATION VEHICLES.—The State agency 
may allow public transportation vehicles to use the HOV facility 
if the agency—
‘‘(A) establishes requirements for clearly identifying 
the vehicles; and 
‘‘(B) establishes procedures for enforcing the restric-
tions on the use of the facility by the vehicles. 
‘‘(4) HIGH OCCUPANCY TOLL VEHICLES.—The State agency 
may allow vehicles not otherwise exempt pursuant to this sub-
section to use the HOV facility if the operators of the vehicles 
pay a toll charged by the agency for use of the facility and 
the agency—