In the Senate of the United States,
May 17, 2005.
Resolved, That the bill from the House of Representa-
tives (H.R. 3) entitled ‘‘An Act to authorize funds for Fed-
eral-aid highways, highway safety programs, and transit pro-
grams, and for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2005’’.
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(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
Sec. 3. Definitions for title 23.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Funding
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Equity bonus programs.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Use of excess funds and funds for inactive projects.
Subtitle B—New Programs
Sec. 1201. Infrastructure performance and maintenance program.
Sec. 1202. Future of surface transportation system.
Sec. 1203. Freight transportation gateways; freight intermodal connections.
Sec. 1204. Construction of ferry boats and ferry terminal and maintenance facili-
ties; coordination of ferry construction and maintenance.
Sec. 1205. Designation of Interstate Highways.
Sec. 1206. State-by-State comparison of highway construction costs.
Subtitle C—Finance
Sec. 1301. Federal share.
Sec. 1302. Transfer of highway and transit funds.
Sec. 1303. Transportation Infrastructure Finance and Innovation Act Amend-
ments.
Sec. 1304. State infrastructure banks.
Sec. 1305. Public-private partnerships pilot program.
Subtitle D—Safety
Sec. 1401. Highway safety improvement program.
Sec. 1402. Operation lifesaver.
Sec. 1403
Increased penalties for higher-risk drivers driving while intoxicated or
driving under the influence.
Sec. 1404. Bus axle weight exemption.
Sec. 1405. Safe routes to schools program.
Sec. 1406. Purchases of equipment.
Sec. 1407. Workzone safety.
Sec. 1408. Worker injury prevention and free flow of vehicular traffic.
Sec. 1409. Open container requirements.
Sec. 1410. Safe intersections.
Sec. 1411. Presidential commission on alcohol-impaired driving.
Sec. 1412. Sense of the Senate in support of increased public awareness of blood
alcohol concentration levels and the dangers of drinking and
driving.
Sec. 1413. Grant program for commercial driver training.
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Subtitle E—Environmental Planning and Review
CHAPTER 1—TRANSPORTATION PLANNING
Sec. 1501. Integration of natural resource concerns into State and metropolitan
transportation planning.
Sec. 1502. Consultation between transportation agencies and resource agencies in
transportation planning.
Sec. 1503. Integration of natural resource concerns into transportation project
planning.
Sec. 1504. Public involvement in transportation planning and projects.
Sec. 1505. Project mitigation.
CHAPTER 2—TRANSPORTATION PROJECT DEVELOPMENT PROCESS
Sec. 1511. Transportation project development process.
Sec. 1512. Assumption of responsibility for categorical exclusions.
Sec. 1513. Surface transportation project delivery pilot program.
Sec. 1514. Parks, recreation areas, wildlife and waterfowl refuges, and historic
sites.
Sec. 1515. Regulations.
CHAPTER 3—MISCELLANEOUS
Sec. 1521. Critical real property acquisition.
Sec. 1522. Planning capacity building initiative.
Sec. 1523. Intermodal passenger facilities.
Sec. 1524. 14th Amendment highway and 3rd infantry division highway.
Subtitle F—Environment
Sec. 1601. Environmental restoration and pollution abatement; control of
invasive plant species and establishment of native species.
Sec. 1602. National scenic byways program.
Sec. 1603. Recreational trails program.
Sec. 1604. Exemption of Interstate System.
Sec. 1605. Standards.
Sec. 1606. Use of high occupancy vehicle lanes.
Sec. 1607. Bicycle transportation and pedestrian walkways.
Sec. 1608. Idling reduction facilities in Interstate rights-of-way.
Sec. 1609. Toll programs.
Sec. 1610. Federal reference method.
Sec. 1611. Addition of particulate matter areas to CMAQ.
Sec. 1612. Addition to CMAQ-eligible projects.
Sec. 1613. Improved interagency consultation.
Sec. 1614. Evaluation and assessment of CMAQ projects.
Sec. 1615. Synchronized planning and conformity timelines, requirements, and
horizon.
Sec. 1616. Transition to new air quality standards.
Sec. 1617. Reduced barriers to air quality improvements.
Sec. 1618. Air quality monitoring data influenced by exceptional events.
Sec. 1619. Conforming amendments.
Sec. 1620. Highway stormwater discharge mitigation program.
Sec. 1621. Federal procurement of recycled coolant.
Sec. 1622. Clean school bus program.
Sec. 1623. Conserve by bicycling program.
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Subtitle G—Operations
Sec. 1701. Transportation systems management and operations.
Sec. 1702. Real-time system management information program.
Sec. 1703. Contracting for engineering and design services.
Sec. 1704. Designation of transportation management areas.
Subtitle H—Federal-Aid Stewardship
Sec. 1801. Future Interstate System routes.
Sec. 1802. Stewardship and oversight.
Sec. 1803. Revision of regulations.
Sec. 1804. Program efficiencies—finance.
Sec. 1805. Set-asides for interstate discretionary projects.
Sec. 1806. Federal lands highways program.
Sec. 1807. Highway bridge program.
Sec. 1808. Appalachian development highway system.
Sec. 1809. Multistate corridor program.
Sec. 1810. Border planning, operations, technology, and capacity program.
Sec. 1811. Puerto Rico highway program.
Sec. 1812. National historic covered bridge preservation.
Sec. 1813. Transportation and community and system preservation program.
Sec. 1814. Parking pilot programs.
Sec. 1815. Interstate oasis program.
Sec. 1816. Tribal-State road maintenance agreements.
Sec. 1817. National forest system roads.
Sec. 1818. Territorial highway program.
Sec. 1819. High-speed magnetic levitation system deployment program.
Sec. 1820. Donations and credits.
Sec. 1821. Disadvantaged business enterprises.
Sec. 1822. ƒReserved≈.
Sec. 1823. Priority for pedestrian and bicycle facility enhancement projects.
Sec. 1824. The Delta Regional Authority.
Sec. 1825. Multistate international corridor development program.
Sec. 1826. Authorization of contract authority for States with Indian Reserva-
tions.
Sec. 1827. Value pricing pilot program.
Sec. 1828. Credit to State of Louisiana for State matching funds.
Sec. 1829. Approval and funding for certain construction projects.
Sec. 1830. Notice regarding participation of small business concerns.
Sec. 1831. Alaska Way viaduct study.
Sec. 1832. Bridge construction, North Dakota.
Sec. 1833. Community enhancement study.
Sec. 1834. Comprehensive coastal evacuation plan.
Sec. 1835. Priority projects.
Sec. 1836. Transportation needs, Grayling, Michigan.
Sec. 1837. US–95 Project, Las Vegas, Nevada.
Subtitle I—Technical Corrections
Sec. 1901. Repeal or update of obsolete text.
Sec. 1902. Clarification of date.
Sec. 1903. Inclusion of requirements for signs identifying funding sources in title
23.
Sec. 1904. Inclusion of Buy America requirements in title 23.
Sec. 1905. Technical amendments to nondiscrimination section.
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TITLE II—TRANSPORTATION RESEARCH
Subtitle A—Funding
Sec. 2001. Authorization of appropriations.
Sec. 2002. Obligation ceiling.
Sec. 2003. Notice.
Subtitle B—Research and Technology
Sec. 2101. Research and technology program.
Sec. 2102. Study of data collection and statistical analysis efforts.
Sec. 2103. Centers for surface transportation excellence.
Sec. 2104. Motorcycle crash causation study grants.
Sec. 2105. Transportation technology innovation and demonstration program.
Subtitle C—Intelligent Transportation System Research
Sec. 2201. Intelligent transportation system research and technical assistance
program.
TITLE III—TRANSPORTATION DISCRETIONARY SPENDING
GUARANTEE AND BUDGET OFFSETS
Sec. 3101. Sense of the Senate on overall Federal budget.
Sec. 3102. Discretionary spending categories.
Sec. 3103. Level of obligation limitations.
TITLE IV—SOLID WASTE DISPOSAL
Sec. 4001. Increased use of recovered mineral component in federally funded
projects involving procurement of cement or concrete.
Sec. 4002. Use of granular mine tailings.
TITLE V—HIGHWAY REAUTHORIZATION AND EXCISE TAX
SIMPLIFICATION
Sec. 5000. Short title; amendment of 1986 Code.
Subtitle A—Trust Fund Reauthorization
Sec. 5101. Extension of highway-related taxes and trust funds.
Sec. 5102. Modification of adjustments of apportionments.
Subtitle B—Excise Tax Reform and Simplification
PART I—HIGHWAY EXCISE TAXES
Sec. 5201. Modification of gas guzzler tax.
Sec. 5202. Exclusion for tractors weighing 19,500 pounds or less from Federal ex-
cise tax on heavy trucks and trailers.
Sec. 5203. Exemption for equipment for transporting bulk beds of farm crops
from excise tax on retail sale of heavy trucks and trailers.
Sec. 5204. Volumetric excise tax credit for alternative fuels.
PART II—AQUATIC EXCISE TAXES
Sec. 5211. Elimination of Aquatic Resources Trust Fund and transformation of
Sport Fish Restoration Account.
Sec. 5212. Repeal of harbor maintenance tax on exports.