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‘‘(E) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(i) PERFORMANCE MEASUREMENT.— 
‘‘(1) PROGRESS REPORTS.—The Secretary shall 
establish a program to measure and report on 
progress toward improving and expediting the plan-
ning and environmental review process. 
‘‘(2) MINIMUM
REQUIREMENTS.—The program 
shall include, at a minimum— 
‘‘(A) the establishment of criteria for meas-
uring consideration of— 
‘‘(i) State and metropolitan planning, 
project planning, and design criteria; and 
‘‘(ii) environmental processing times 
and costs; 
‘‘(B) the collection of data to assess perform-
ance based on the established criteria; and 
‘‘(C) the annual reporting of the results of 
the performance measurement studies. 
‘‘(3) INVOLVEMENT OF THE PUBLIC AND COOPER-
ATING AGENCIES.— 
‘‘(A) IN GENERAL.—The Secretary shall bi-
ennially conduct a survey of agencies partici-
pating in the environmental review process 
under this section to assess the expectations and
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experiences of each surveyed agency with regard 
to the planning and environmental review proc-
ess for projects reviewed under this section. 
‘‘(B) 
PUBLIC
PARTICIPATION.—In 
con-
ducting the survey, the Secretary shall solicit 
comments from the public. 
‘‘(j) ASSISTANCE TO AFFECTED FEDERAL AND STATE 
AGENCIES.— 
‘‘(1) IN GENERAL.—The Secretary may approve 
a request by a State or recipient to provide funds 
made available under this title for a highway project, 
or made available under chapter 53 of title 49 for a 
mass transit project, to agencies participating in the 
coordinated environmental review process established 
under this section in order to provide the resources 
necessary to meet any time limits established under 
this section. 
‘‘(2) AMOUNTS.—Such requests under paragraph 
(1) shall be approved only— 
‘‘(A) for such additional amounts as the 
Secretary determines are necessary for the af-
fected Federal and State agencies to meet the 
time limits for environmental review; and 
‘‘(B) if those time limits are less than the 
customary time necessary for that review.
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‘‘(k) JUDICIAL REVIEW AND SAVINGS CLAUSE.— 
‘‘(1) JUDICIAL REVIEW.—Nothing in this section 
shall affect the reviewability of any final Federal 
agency action in any United States district court or 
State court. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this section 
shall affect— 
‘‘(A) the applicability of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) or any other Federal environmental statute; 
or 
‘‘(B) the responsibility of any Federal offi-
cer to comply with or enforce such a statute.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) The analysis for chapter 3 of title 23, United 
States Code, is amended by inserting after the item 
relating to section 325 (as added by section 1203(f)) 
the following: 
‘‘326. Transportation project development process.’’. 
(2) Section 1309 of the Transportation Equity 
Act for the 21st Century (112 Stat. 232) is repealed. 
SEC. 1512. ASSUMPTION OF RESPONSIBILITY FOR CAT-
EGORICAL EXCLUSIONS. 
(a) IN GENERAL.—Chapter 3 of title 23, United States 
Code (as amended by section 1511(a)), is amended by in-
serting after section 326 the following:
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‘‘§ 327. Assumption of responsibility for categorical ex-
clusions 
‘‘(a) CATEGORICAL EXCLUSION DETERMINATIONS.— 
‘‘(1) IN GENERAL.—The Secretary may assign, 
and a State may assume, responsibility for deter-
mining whether certain designated activities are in-
cluded within classes of action identified in regula-
tion by the Secretary that are categorically excluded 
from requirements for environmental assessments or 
environmental impact statements pursuant to regula-
tions promulgated by the Council on Environmental 
Quality under part 1500 of title 40, Code of Federal 
Regulations (as in effect on October 1, 2003). 
‘‘(2) SCOPE
OF
AUTHORITY.—A determination 
described in paragraph (1) shall be made by a State 
in accordance with criteria established by the Sec-
retary and only for types of activities specifically des-
ignated by the Secretary. 
‘‘(3) CRITERIA.—The criteria under paragraph 
(2) shall include provisions for public availability of 
information consistent with section 552 of title 5 and 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(b) OTHER APPLICABLE FEDERAL LAWS.— 
‘‘(1) IN GENERAL.—If a State assumes responsi-
bility under subsection (a), the Secretary may also
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assign and the State may assume all or part of the 
responsibilities of the Secretary for environmental re-
view, consultation, or other related actions required 
under any Federal law applicable to activities that 
are classified by the Secretary as categorical exclu-
sions, with the exception of government-to-government 
consultation with Indian tribes, subject to the same 
procedural and substantive requirements as would be 
required if that responsibility were carried out by the 
Secretary. 
‘‘(2) SOLE RESPONSIBILITY.—A State that as-
sumes responsibility under paragraph (1) with re-
spect to a Federal law shall be solely responsible and 
solely liable for complying with and carrying out that 
law, and the Secretary shall have no such responsi-
bility or liability. 
‘‘(c) MEMORANDA OF UNDERSTANDING.— 
‘‘(1) IN GENERAL.—The Secretary and the State, 
after providing public notice and opportunity for 
comment, shall enter into a memorandum of under-
standing setting forth the responsibilities to be as-
signed under this section and the terms and condi-
tions under which the assignments are made, includ-
ing establishment of the circumstances under which
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the Secretary would reassume responsibility for cat-
egorical exclusion determinations. 
‘‘(2) 
TERM.—A 
memorandum 
of 
under-
standing— 
‘‘(A) shall have term of not more than 3 
years; and 
‘‘(B) shall be renewable. 
‘‘(3) ACCEPTANCE
OF
JURISDICTION.—In a 
memorandum of understanding, the State shall con-
sent to accept the jurisdiction of the Federal courts for 
the compliance, discharge, and enforcement of any re-
sponsibility of the Secretary that the State assumes. 
‘‘(4) MONITORING.—The Secretary shall— 
‘‘(A) monitor compliance by the State with 
the memorandum of understanding and the pro-
vision by the State of financial resources to 
carry out the memorandum of understanding; 
and 
‘‘(B) take into account the performance by 
the State when considering renewal of the memo-
randum of understanding. 
‘‘(d) TERMINATION.—The Secretary may terminate 
any assumption of responsibility under a memorandum of 
understanding on a determination that the State is not ade-
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quately carrying out the responsibilities assigned to the 
State. 
‘‘(e) STATE AGENCY DEEMED TO BE FEDERAL AGEN-
CY.—A State agency that is assigned a responsibility under 
a memorandum of understanding shall be deemed to be a 
Federal agency for the purposes of the Federal law under 
which the responsibility is exercised.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 3 of title 23, United States Code (as amended by 
section 1511(b)), is amended by inserting after the item re-
lating to section 326 the following: 
‘‘327. Assumption of responsibility for categorical exclusions.’’. 
SEC. 1513. SURFACE TRANSPORTATION PROJECT DELIVERY 
PILOT PROGRAM. 
(a) IN GENERAL.—Chapter 3 of title 23, United States 
Code (as amended by section 1512(a)), is amended by in-
serting after section 327 the following: 
‘‘§ 328. Surface transportation project delivery pilot 
program 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a surface transportation project delivery pilot 
program (referred to in this section as the ‘program’). 
‘‘(2) ASSUMPTION OF RESPONSIBILITY.— 
‘‘(A) IN
GENERAL.—Subject to the other 
provisions of this section, with the written agree-
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ment of the Secretary and a State, which may 
be in the form of a memorandum of under-
standing, the Secretary may assign, and the 
State may assume, the responsibilities of the Sec-
retary with respect to 1 or more highway 
projects within the State under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(B) ADDITIONAL
RESPONSIBILITY.—If a 
State assumes responsibility under subparagraph 
(A)— 
‘‘(i) the Secretary may assign to the 
State, and the State may assume, all or 
part of the responsibilities of the Secretary 
for environmental review, consultation, or 
other action required under any Federal en-
vironmental law pertaining to the review or 
approval of a specific project; but 
‘‘(ii) the Secretary may not assign— 
‘‘(I) responsibility for any con-
formity determination required under 
section 176 of the Clean Air Act (42 
U.S.C. 7506); or 
‘‘(II) any responsibility imposed 
on the Secretary by section 134 or 135.
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‘‘(C) PROCEDURAL AND SUBSTANTIVE RE-
QUIREMENTS.—A State shall assume responsi-
bility under this section subject to the same pro-
cedural and substantive requirements as would 
apply if that responsibility were carried out by 
the Secretary. 
‘‘(D) FEDERAL RESPONSIBILITY.—Any re-
sponsibility of the Secretary not explicitly as-
sumed by the State by written agreement under 
this section shall remain the responsibility of the 
Secretary. 
‘‘(E) NO EFFECT ON AUTHORITY.—Nothing 
in this section preempts or interferes with any 
power, jurisdiction, responsibility, or authority 
of an agency, other than the Department of 
Transportation, under applicable law (including 
regulations) with respect to a project. 
‘‘(b) STATE PARTICIPATION.— 
‘‘(1) NUMBER OF PARTICIPATING STATES.—The 
Secretary may permit not more than 5 States (in-
cluding the State of Oklahoma) to participate in the 
program. 
‘‘(2) APPLICATION.—Not later than 270 days 
after the date of enactment of this section, the Sec-
retary shall promulgate regulations that establish re-
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quirements relating to information required to be con-
tained in any application of a State to participate 
in the program, including, at a minimum— 
‘‘(A) the projects or classes of projects for 
which the State anticipates exercising the au-
thority that may be granted under the program; 
‘‘(B) verification of the financial resources 
necessary to carry out the authority that may be 
granted under the program; and 
‘‘(C) evidence of the notice and solicitation 
of public comment by the State relating to par-
ticipation of the State in the program, including 
copies of comments received from that solicita-
tion. 
‘‘(3) PUBLIC NOTICE.— 
‘‘(A) IN GENERAL.—Each State that sub-
mits an application under this subsection shall 
give notice of the intent of the State to partici-
pate in the program not later than 30 days be-
fore the date of submission of the application. 
‘‘(B) METHOD OF NOTICE AND SOLICITA-
TION.—The State shall provide notice and solicit 
public comment under this paragraph by pub-
lishing the complete application of the State in
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accordance with the appropriate public notice 
law of the State. 
‘‘(4) SELECTION CRITERIA.—The Secretary may 
approve the application of a State under this section 
only if— 
‘‘(A) the regulatory requirements under 
paragraph (2) have been met; 
‘‘(B) the Secretary determines that the State 
has the capability, including financial and per-
sonnel, to assume the responsibility; and 
‘‘(C) the head of the State agency having 
primary jurisdiction over highway matters en-
ters into a written agreement with the Secretary 
described in subsection (c). 
‘‘(5) OTHER
FEDERAL
AGENCY
VIEWS.—If a 
State applies to assume a responsibility of the Sec-
retary that would have required the Secretary to con-
sult with another Federal agency, the Secretary shall 
solicit the views of the Federal agency before approv-
ing the application. 
‘‘(c) WRITTEN AGREEMENT.—A written agreement 
under this section shall— 
‘‘(1) be executed by the Governor or the top-rank-
ing transportation official in the State who is charged 
with responsibility for highway construction;
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‘‘(2) be in such form as the Secretary may pre-
scribe; 
‘‘(3) provide that the State— 
‘‘(A) agrees to assume all or part of the re-
sponsibilities of the Secretary described in sub-
section (a); 
‘‘(B) expressly consents, on behalf of the 
State, to accept the jurisdiction of the Federal 
courts for the compliance, discharge, and enforce-
ment of any responsibility of the Secretary as-
sumed by the State; 
‘‘(C) certifies that State laws (including 
regulations) are in effect that— 
‘‘(i) authorize the State to take the ac-
tions necessary to carry out the responsibil-
ities being assumed; and 
‘‘(ii) are comparable to section 552 of 
title 5, including providing that any deci-
sion regarding the public availability of a 
document under those State laws is review-
able by a court of competent jurisdiction; 
and 
‘‘(D) agrees to maintain the financial re-
sources necessary to carry out the responsibilities 
being assumed.
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‘‘(d) JURISDICTION.— 
‘‘(1) IN GENERAL.—The United States district 
courts shall have exclusive jurisdiction over any civil 
action against a State for failure to carry out any re-
sponsibility of the State under this section. 
‘‘(2) LEGAL STANDARDS AND REQUIREMENTS.— 
A civil action under paragraph (1) shall be governed 
by the legal standards and requirements that would 
apply in such a civil action against the Secretary 
had the Secretary taken the actions in question. 
‘‘(3) INTERVENTION.—The Secretary shall have 
the right to intervene in any action described in 
paragraph (1). 
‘‘(e) EFFECT OF ASSUMPTION OF RESPONSIBILITY.— 
A State that assumes responsibility under subsection (a)(2) 
shall be solely responsible and solely liable for carrying out, 
in lieu of the Secretary, the responsibilities assumed under 
subsection (a)(2), until the program is terminated as pro-
vided in subsection (i). 
‘‘(f) LIMITATIONS ON AGREEMENTS.—Nothing in this 
section permits a State to assume any rulemaking author-
ity of the Secretary under any Federal law. 
‘‘(g) AUDITS.— 
‘‘(1) IN GENERAL.—To ensure compliance by a 
State with any agreement of the State under sub-
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section (c)(1) (including compliance by the State with 
all Federal laws for which responsibility is assumed 
under subsection (a)(2)), for each State participating 
in the program under this section, the Secretary shall 
conduct— 
‘‘(A) semiannual audits during each of the 
first 2 years of State participation; and 
‘‘(B) annual audits during each subsequent 
year of State participation. 
‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— 
‘‘(A) IN
GENERAL.—An audit conducted 
under paragraph (1) shall be provided to the 
public for comment. 
‘‘(B) RESPONSE.—Not later than 60 days 
after the date on which the period for public 
comment ends, the Secretary shall respond to 
public comments received under subparagraph 
(A). 
‘‘(h) REPORT TO CONGRESS.—The Secretary shall sub-
mit to Congress an annual report that describes the admin-
istration of the program. 
‘‘(i) TERMINATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the program shall terminate on the date
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that is 6 years after the date of enactment of this sec-
tion. 
‘‘(2) TERMINATION
BY
SECRETARY.—The Sec-
retary may terminate the participation of any State 
in the program if— 
‘‘(A) the Secretary determines that the State 
is not adequately carrying out the responsibil-
ities assigned to the State; 
‘‘(B) the Secretary provides to the State— 
‘‘(i) notification of the determination 
of noncompliance; and 
‘‘(ii) a period of at least 30 days dur-
ing which to take such corrective action as 
the Secretary determines is necessary to 
comply with the applicable agreement; and 
‘‘(C) the State, after the notification and 
period provided under subparagraph (B), fails to 
take satisfactory corrective action, as determined 
by Secretary.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 3 of title 23, United States Code (as amended by 
section 1512(b)), is amended by inserting after the item re-
lating to section 327 the following: 
‘‘328. Surface transportation project delivery pilot program.’’.
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SEC. 1514. PARKS, RECREATION AREAS, WILDLIFE AND WA-
TERFOWL REFUGES, AND HISTORIC SITES. 
(a) PROGRAMS AND PROJECTS WITH DE MINIMIS IM-
PACTS.— 
(1) TITLE 23.—Section 138 of title 23, United 
States Code, is amended— 
(A) in the first sentence, by striking ‘‘It is 
hereby’’ and inserting the following: 
‘‘(a) DECLARATION OF POLICY.—It is’’; and 
(B) by adding at the end the following: 
‘‘(b) DE MINIMIS IMPACTS.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The requirements of 
this section shall be considered to be satisfied 
with respect to an area described in paragraph 
(2) or (3) if the Secretary determines, in accord-
ance with this subsection, that a transportation 
program or project will have a de minimis im-
pact on the area. 
‘‘(B) CRITERIA.—In making any deter-
mination under this subsection, the Secretary 
shall consider to be part of a transportation pro-
gram or project any avoidance, minimization, 
mitigation, or enhancement measures that are 
required to be implemented as a condition of ap-
proval of the transportation program or project.
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‘‘(2) HISTORIC SITES.—With respect to historic 
sites, the Secretary may make a finding of de mini-
mis impact only if— 
‘‘(A) the Secretary has determined, in ac-
cordance with the consultation process required 
under section 106 of the National Historic Pres-
ervation Act (16 U.S.C. 470f), that— 
‘‘(i) the transportation program or 
project will have no adverse effect on the 
historic site; or 
‘‘(ii) there will be no historic prop-
erties affected by the transportation pro-
gram or project; 
‘‘(B) the finding of the Secretary has re-
ceived written concurrence from the applicable 
State historic preservation officer or tribal his-
toric preservation officer (and from the Advisory 
Council on Historic Preservation, if partici-
pating in the consultation); and 
‘‘(C) the finding of the Secretary has been 
developed in consultation with parties consulting 
as part of the process referred to in subpara-
graph (A). 
‘‘(3) PARKS, RECREATION AREAS, AND WILDLIFE 
AND WATERFOWL REFUGES.—With respect to parks,
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recreation areas, and wildlife or waterfowl refuges, 
the Secretary may make a finding of de minimis im-
pact only if— 
‘‘(A) the Secretary has determined, in ac-
cordance with the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) (includ-
ing public notice and opportunity for public re-
view and comment), that the transportation pro-
gram or project will not adversely affect the ac-
tivities, features, and attributes of the park, 
recreation area, or wildlife or waterfowl refuge 
eligible for protection under this section; and 
‘‘(B) the finding of the Secretary has re-
ceived concurrence from the officials with juris-
diction over the park, recreation area, or wildlife 
or waterfowl refuge.’’. 
(2) TITLE 49.—Section 303 of title 49, United 
States Code, is amended— 
(A) by striking ‘‘(c) The Secretary’’ and in-
serting the following: 
‘‘(c) APPROVAL OF PROGRAMS AND PROJECTS.—Sub-
ject to subsection (d), the Secretary’’; and 
(B) by adding at the end the following: 
‘‘(d) DE MINIMIS IMPACTS.— 
‘‘(1) REQUIREMENTS.—
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‘‘(A) IN
GENERAL.—The requirements of 
this section shall be considered to be satisfied 
with respect to an area described in paragraph 
(2) or (3) if the Secretary determines, in accord-
ance with this subsection, that a transportation 
program or project will have a de minimis im-
pact on the area. 
‘‘(B) CRITERIA.—In making any deter-
mination under this subsection, the Secretary 
shall consider to be part of a transportation pro-
gram or project any avoidance, minimization, 
mitigation, or enhancement measures that are 
required to be implemented as a condition of ap-
proval of the transportation program or project. 
‘‘(2) HISTORIC SITES.—With respect to historic 
sites, the Secretary may make a finding of de mini-
mis impact only if— 
‘‘(A) the Secretary has determined, in ac-
cordance with the consultation process required 
under section 106 of the National Historic Pres-
ervation Act (16 U.S.C. 470f), that— 
‘‘(i) the transportation program or 
project will have no adverse effect on the 
historic site; or
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HR 3550 EAS 
‘‘(ii) there will be no historic prop-
erties affected by the transportation pro-
gram or project; 
‘‘(B) the finding of the Secretary has re-
ceived written concurrence from the applicable 
State historic preservation officer or tribal his-
toric preservation officer (and from the Advisory 
Council on Historic Preservation, if partici-
pating in the consultation); and 
‘‘(C) the finding of the Secretary has been 
developed in consultation with parties consulting 
as part of the process referred to in subpara-
graph (A). 
‘‘(3) PARKS, RECREATION AREAS, AND WILDLIFE 
AND WATERFOWL REFUGES.—With respect to parks, 
recreation areas, and wildlife or waterfowl refuges, 
the Secretary may make a finding of de minimis im-
pact only if— 
‘‘(A) the Secretary has determined, in ac-
cordance with the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) (includ-
ing public notice and opportunity for public re-
view and comment), that the transportation pro-
gram or project will not adversely affect the ac-
tivities, features, and attributes of the park,
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recreation area, or wildlife or waterfowl refuge 
eligible for protection under this section; and 
‘‘(B) the finding of the Secretary has re-
ceived concurrence from the officials with juris-
diction over the park, recreation area, or wildlife 
or waterfowl refuge.’’. 
(b) CLARIFICATION OF EXISTING STANDARDS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
(in consultation with affected agencies and interested 
parties) promulgate regulations that clarify the fac-
tors to be considered and the standards to be applied 
in determining the prudence and feasibility of alter-
natives under section 138 of title 23 and section 303 
of title 49, United States Code. 
(2) REQUIREMENTS.—The regulations— 
(A) shall clarify the application of the legal 
standards to a variety of different types of trans-
portation programs and projects depending on 
the circumstances of each case; and 
(B) may include, as appropriate, examples 
to facilitate clear and consistent interpretation 
by agency decisionmakers. 
(c) IMPLEMENTATION STUDY.—
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(1) IN GENERAL.—The Secretary and the Trans-
portation Research Board of the National Academy of 
Sciences shall jointly conduct a study on the imple-
mentation of this section and the amendments made 
by this section. 
(2) COMPONENTS.—In conducting the study, the 
Secretary and the Transportation Research Board 
shall evaluate— 
(A) the processes developed under this sec-
tion and the amendments made by this section 
and the efficiencies that may result; 
(B) the post-construction effectiveness of im-
pact mitigation and avoidance commitments 
adopted as part of projects conducted under this 
section and the amendments made by this sec-
tion; and 
(C) the quantity of projects with impacts 
that are considered de minimis under this sec-
tion and the amendments made by this section, 
including information on the location, size, and 
cost of the projects. 
(3) REPORT REQUIREMENT.—The Secretary and 
the Transportation Research Board shall prepare— 
(A) not earlier than the date that is 4 years 
after the date of enactment of this Act, a report
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on the results of the study conducted under this 
subsection; and 
(B) not later than September 30, 2009, an 
update on the report required under subpara-
graph (A). 
(4) REPORT
RECIPIENTS.—The Secretary and 
the Transportation Research Board shall— 
(A) submit the report and update required 
under paragraph (3) to— 
(i) the appropriate committees of Con-
gress; 
(ii) the Secretary of the Interior; and 
(iii) the Advisory Council on Historic 
Preservation; and 
(B) make the report and update available to 
the public. 
SEC. 1515. REGULATIONS. 
Except as provided in section 1513, not later than 1 
year after the date of enactment of this Act, the Secretary 
shall promulgate regulations necessary to implement the 
amendments made by chapter 1 and this chapter. 
CHAPTER 3—MISCELLANEOUS 
SEC. 1521. CRITICAL REAL PROPERTY ACQUISITION. 
Section 108 of title 23, United States Code, is amended 
by adding at the end the following:
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‘‘(d) CRITICAL REAL PROPERTY ACQUISITION.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), 
funds apportioned to a State under this title may be 
used to pay the costs of acquiring any real property 
that is determined to be critical under paragraph (2) 
for a project proposed for funding under this title. 
‘‘(2) REIMBURSEMENT.—The Federal share of 
the costs referred to in paragraph (1) shall be eligible 
for reimbursement out of funds apportioned to a State 
under this title if, before the date of acquisition, the 
Secretary determines that— 
‘‘(A) the property is offered for sale on the 
open market; 
‘‘(B) in acquiring the property, the State 
will comply with the Uniform Relocation Assist-
ance and Real Property Acquisition Policies Act 
of 1970 (42 U.S.C. 4601 et seq.); and 
‘‘(C) immediate acquisition of the property 
is critical because— 
‘‘(i) based on an appraisal of the prop-
erty, the value of the property is increasing 
significantly; 
‘‘(ii) there is an imminent threat of de-
velopment or redevelopment of the property; 
and
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‘‘(iii) the property is necessary for the 
implementation of the goals stated in the 
proposal for the project. 
‘‘(3) APPLICABLE LAW.—An acquisition of real 
property under this section shall be considered to be 
an exempt project under section 176 of the Clean Air 
Act (42 U.S.C. 7506). 
‘‘(4) ENVIRONMENTAL REVIEW.— 
‘‘(A) IN GENERAL.—A project proposed to 
be conducted under this title shall not be con-
ducted on property acquired under paragraph 
(1) until all required environmental reviews for 
the project have been completed. 
‘‘(B) 
EFFECT
ON
CONSIDERATION
OF 
PROJECT ALTERNATIVES.—The number of crit-
ical acquisitions of real property associated with 
a project shall not affect the consideration of 
project alternatives during the environmental re-
view process. 
‘‘(5) PROCEEDS FROM THE SALE OR LEASE OF 
REAL PROPERTY.—Section 156(c) shall not apply to 
the sale, use, or lease of any real property acquired 
under paragraph (1).’’.
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SEC. 1522. PLANNING CAPACITY BUILDING INITIATIVE. 
Section 104 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(m) PLANNING CAPACITY BUILDING INITIATIVE.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a planning capacity building initiative to sup-
port enhancements in transportation planning to— 
‘‘(A) strengthen the processes and products 
of metropolitan and statewide transportation 
planning under this title; 
‘‘(B) enhance tribal capacity to conduct 
joint transportation planning under chapter 2; 
‘‘(C) participate in the metropolitan and 
statewide transportation planning programs 
under this title; and 
‘‘(D) increase the knowledge and skill level 
of participants in metropolitan and statewide 
transportation. 
‘‘(2) PRIORITY.—The Secretary shall give pri-
ority to planning practices and processes that sup-
port— 
‘‘(A) the transportation elements of home-
land security planning, including— 
‘‘(i) training and best practices relat-
ing to emergency evacuation;
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‘‘(ii) developing materials to assist 
areas in coordinating emergency manage-
ment and transportation officials; and 
‘‘(iii) developing training on how 
planning organizations may examine secu-
rity issues; 
‘‘(B) performance-based planning, includ-
ing— 
‘‘(i) data and data analysis tech-
nologies to be shared with States, metropoli-
tan planning organizations, local govern-
ments, and nongovernmental organizations 
that— 
‘‘(I) participate in transportation 
planning; 
‘‘(II) use the data and data anal-
ysis to engage in metropolitan, tribal, 
or statewide transportation planning; 
‘‘(III) involve the public in the de-
velopment of transportation plans, 
projects, and alternative scenarios; and 
‘‘(IV) develop strategies to avoid, 
minimize, and mitigate the impacts of 
transportation facilities and projects; 
and
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‘‘(ii) improvement of the quality of 
congestion management systems, including 
the development of— 
‘‘(I) a measure of congestion; 
‘‘(II) a measure of transportation 
system reliability; and 
‘‘(III) a measure of induced de-
mand; 
‘‘(C) safety planning, including— 
‘‘(i) development of State strategic 
safety plans consistent with section 148; 
‘‘(ii) incorporation of work zone safety 
into planning; and 
‘‘(iii) training in the development of 
data systems relating to highway safety; 
‘‘(D) operations planning, including— 
‘‘(i) developing training of the integra-
tion of transportation system operations 
and management into the transportation 
planning process; and 
‘‘(ii) training and best practices relat-
ing to regional concepts of operations; 
‘‘(E) freight planning, including— 
‘‘(i) modeling of freight at a regional 
and statewide level; and
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‘‘(ii) 
techniques 
for 
engaging 
the 
freight community with the planning proc-
ess; 
‘‘(F) air quality planning, including— 
‘‘(i) assisting new and existing non-
attainment and maintenance areas in de-
veloping the technical capacity to perform 
air quality conformity analysis; 
‘‘(ii) providing training on areas such 
as modeling and data collection to support 
air quality planning and analysis; 
‘‘(iii) developing concepts and tech-
niques to assist areas in meeting air quality 
performance timeframes; and 
‘‘(iv) developing materials to explain 
air quality issues to decisionmakers and the 
public; and 
‘‘(G) integration of environment and plan-
ning. 
‘‘(3) USE OF FUNDS.—The Secretary shall use 
amounts made available under paragraph (4) to 
make grants to, or enter into contracts, cooperative 
agreements, and other transactions with, a Federal 
agency, State agency, local agency, federally recog-
nized Indian tribal government or tribal consortium,
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authority, association, nonprofit or for-profit corpora-
tion, or institution of higher education for research, 
program development, information collection and dis-
semination, and technical assistance. 
‘‘(4) SET-ASIDE.— 
‘‘(A) IN GENERAL.—On October 1 of each 
fiscal year, of the funds made available under 
subsection (a), the Secretary shall set aside 
$4,000,000 to carry out this subsection. 
‘‘(B) FEDERAL SHARE.—The Federal share 
of the cost of an activity carried out using funds 
made available under subparagraph (A) shall be 
100 percent. 
‘‘(C) AVAILABILITY.—Funds made available 
under subparagraph (A) shall remain available 
until expended.’’. 
Subtitle F—Environment 
SEC. 1601. ENVIRONMENTAL RESTORATION AND POLLU-
TION ABATEMENT; CONTROL OF INVASIVE 
PLANT SPECIES AND ESTABLISHMENT OF NA-
TIVE SPECIES. 
(a) MODIFICATION
TO
NHS/STP FOR
ENVIRON-
MENTAL
RESTORATION, POLLUTION
ABATEMENT, 
AND 
INVASIVE SPECIES.—
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under this title (including retrofitting and construction of 
storm water treatment systems to meet Federal and State 
requirements under sections 401 and 402 of the Federal 
Water Pollution Control Act (33 U.S.C. 1341, 1342)) may 
be carried out to address water pollution or environmental 
degradation caused wholly or partially by a transportation 
facility. 
‘‘(b) MAXIMUM EXPENDITURE.—In a case in which a 
transportation facility is undergoing reconstruction, reha-
bilitation, resurfacing, or restoration, the expenditure of 
funds under this section for environmental restoration or 
pollution abatement described in subsection (a) shall not 
exceed 20 percent of the total cost of the reconstruction, re-
habilitation, resurfacing, or restoration of the facility. 
‘‘§ 166. Control of invasive plant species and establish-
ment of native species 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
INVASIVE
PLANT
SPECIES—The 
term 
‘invasive plant species’ means a nonindigenous spe-
cies the introduction of which causes or is likely to 
cause economic or environmental harm or harm to 
human health. 
‘‘(2) NATIVE PLANT SPECIES.—The term ‘native 
plant species’ means, with respect to a particular eco-
system, a species that, other than as result of an in-
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troduction, historically occurred or currently occurs 
in that ecosystem. 
‘‘(b) CONTROL OF SPECIES.— 
‘‘(1) IN GENERAL.—In accordance with all ap-
plicable Federal law (including regulations), funds 
made available to carry out this section may be used 
for— 
‘‘(A) participation in the control of invasive 
plant species; and 
‘‘(B) the establishment of native species. 
‘‘(2) INCLUDED ACTIVITIES.—The participation 
and establishment under paragraph (1) may in-
clude— 
‘‘(A) participation in statewide inventories 
of invasive plant species and desirable plant spe-
cies; 
‘‘(B) regional native plant habitat conserva-
tion and mitigation; 
‘‘(C) native revegetation; 
‘‘(D) elimination of invasive species to cre-
ate fuel breaks for the prevention and control of 
wildfires; and 
‘‘(E) training. 
‘‘(3) CONTRIBUTIONS.—
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an activity described in paragraph 
(1) may be carried out concurrently with, in ad-
vance of, or following the construction of a 
project funded under this title. 
‘‘(B) CONDITION
FOR
ACTIVITIES
CON-
DUCTED
IN
ADVANCE
OF
PROJECT
CONSTRUC-
TION.—An activity described in paragraph (1) 
may be carried out in advance of construction of 
a project only if the activity is carried out in ac-
cordance with all applicable requirements of 
Federal law (including regulations) and State 
transportation planning processes.’’. 
(c) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as 
amended by section 1406(b)), is amended by adding at the 
end the following: 
‘‘165. Eligibility for environmental restoration and pollution abatement. 
‘‘166. Control of invasive plant species and establishment of native species.’’. 
SEC. 1602. NATIONAL SCENIC BYWAYS PROGRAM. 
(a) IN GENERAL.—Section 162 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1), by striking ‘‘the roads 
as’’ and all that follows and inserting ‘‘the roads as— 
‘‘(A) National Scenic Byways; 
‘‘(B) All-American Roads; or
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‘‘(C) America’s Byways.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(A), by striking ‘‘des-
ignated as’’ and all that follows and inserting 
‘‘designated as— 
‘‘(i) National Scenic Byways; 
‘‘(ii) All-American Roads; or 
‘‘(iii) America’s Byways; and’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘Byway or All-American Road’’ and insert-
ing ‘‘Byway, All-American Road, or 1 of 
America’s Byways’’; and 
(ii) in subparagraph (B), by striking 
‘‘designation as a’’ and all that follows and 
inserting ‘‘designation as— 
‘‘(i) a National Scenic Byway; 
‘‘(ii) an All-American Road; or 
‘‘(iii) 1 of America’s Byways; and’’; 
and 
(3) in subsection (c)(4), by striking ‘‘passing 
lane,’’. 
(b) RESEARCH, TECHNICAL ASSISTANCE, MARKETING, 
AND PROMOTION.—Section 162 of title 23, United States 
Code, is amended—
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(1) by redesignating subsections (d), (e), and (f) 
as subsections (e), (f), and (g), respectively; 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) RESEARCH, TECHNICAL
ASSISTANCE, MAR-
KETING, AND PROMOTION.— 
‘‘(1) IN GENERAL.—The Secretary may carry out 
technical assistance, marketing, market research, and 
promotion with respect to State Scenic Byways, Na-
tional Scenic Byways, All-American Roads, and 
America’s Byways. 
‘‘(2) COOPERATION, GRANTS, AND CONTRACTS.— 
The Secretary may make grants to, or enter into con-
tracts, cooperative agreements, and other transactions 
with, any Federal agency, State agency, authority, 
association, institution, for-profit or nonprofit cor-
poration, organization, or person, to carry out 
projects and activities under this subsection. 
‘‘(3) FUNDS.—The Secretary may use not more 
than $2,000,000 for each fiscal year of funds made 
available for the National Scenic Byways Program to 
carry out projects and activities under this sub-
section. 
‘‘(4) PRIORITY.—The Secretary shall give pri-
ority under this subsection to partnerships that lever-
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age Federal funds for research, technical assistance, 
marketing and promotion.’’; and 
(3) in subsection (g) (as redesignated by para-
graph (1)), by striking ‘‘80 percent’’ and inserting 
‘‘the share applicable under section 120, as adjusted 
under subsection (d) of that section’’. 
SEC. 1603. RECREATIONAL TRAILS PROGRAM. 
(a) RECREATIONAL TRAILS PROGRAM FORMULA.— 
Section 104(h)(1) of title 23, United States Code, is amend-
ed— 
(1) by striking ‘‘Whenever’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—In any case in which’’; 
(2) by striking ‘‘research and technical assist-
ance under the recreational trails program and for 
the administration of the National Recreational 
Trails Advisory Committee’’ and inserting ‘‘research, 
technical assistance, and training under the rec-
reational trails program’’; and 
(3) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(B) CONTRACTS AND AGREEMENTS.—The 
Secretary’’.
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(b) RECREATIONAL TRAILS PROGRAM ADMINISTRA-
TION.—Section 206 of title 23, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) by striking paragraph (2) and inserting 
the following: 
‘‘(2) PERMISSIBLE
USES.—Permissible uses of 
funds apportioned to a State for a fiscal year to carry 
out this section include— 
‘‘(A) maintenance and restoration of rec-
reational trails; 
‘‘(B) development and rehabilitation of 
trailside and trailhead facilities and trail link-
ages for recreational trails; 
‘‘(C) purchase and lease of recreational trail 
construction and maintenance equipment; 
‘‘(D) construction of new recreational trails, 
except that, in the case of new recreational trails 
crossing Federal land, construction of the trails 
shall be— 
‘‘(i) permissible under other law; 
‘‘(ii) necessary and recommended by a 
statewide comprehensive outdoor recreation 
plan that is—
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‘‘(I) required under the Land and 
Water Conservation Fund Act of 1965 
(16 U.S.C. 460l–4 et seq.); and 
‘‘(II) in effect; 
‘‘(iii) approved by the administering 
agency of the State designated under sub-
section (c)(1)(A); and 
‘‘(iv) approved by each Federal agency 
having jurisdiction over the affected land, 
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, includ-
ing— 
‘‘(I) the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
‘‘(II) the Forest and Rangeland 
Renewable Resources Planning Act of 
1974 (16 U.S.C. 1600 et seq.); and 
‘‘(III) the Federal Land Policy 
and Management Act of 1976 (43 
U.S.C. 1701 et seq.);
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‘‘(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) use of trail crews, youth conservation 
or service corps, or other appropriate means to 
carry out activities under this section; 
‘‘(H) development and dissemination of 
publications and operation of educational pro-
grams to promote safety and environmental pro-
tection, as those objectives relate to the use of rec-
reational trails, supporting non-law enforcement 
trail safety and trail use monitoring patrol pro-
grams, and providing trail-related training, but 
in an amount not to exceed 5 percent of the ap-
portionment made to the State for the fiscal 
year; and 
‘‘(I) 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.’’; and 
(B) in paragraph (3)—
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(i) in subparagraph (D), by striking 
‘‘(2)(F)’’ and inserting ‘‘(2)(I)’’; and 
(ii) by adding at the end the following: 
‘‘(E) USE
OF
YOUTH
CONSERVATION
OR 
SERVICE CORPS.—A State shall make available 
not less than 10 percent of the apportionments of 
the State to provide grants to, or to enter into 
cooperative agreements or contracts with, quali-
fied youth conservation or service corps to per-
form recreational trails program activities.’’; 
(2) in subsection (f)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘and the Federal share 
of the administrative costs of a State’’ after 
‘‘project’’; and 
(ii) by striking ‘‘not exceed 80 percent’’ 
and inserting ‘‘be determined in accordance 
with section 120’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘80 percent of’’ and inserting ‘‘the amount 
determined in accordance with section 120 
for’’; and
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(ii) in subparagraph (B), by inserting 
‘‘sponsoring the project’’ after ‘‘Federal 
agency’’; 
(C) by striking paragraph (5); 
(D) by redesignating paragraph (4) as 
paragraph (5); 
(E) 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 
to pay 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.’’; and 
(F) in paragraph (5) (as redesignated by 
subparagraph (D)), by striking ‘‘80 percent’’ and 
inserting ‘‘the Federal share as determined in ac-
cordance with section 120’’; and 
(3) in subsection (h)—
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(A) in paragraph (1), by inserting after 
subparagraph (B) the following: 
‘‘(C) PLANNING
AND
ENVIRONMENTAL
AS-
SESSMENT COSTS INCURRED PRIOR TO PROJECT 
APPROVAL.—A project funded under any of sub-
paragraphs (A) through (H) of subsection (d)(2) 
may permit preapproval planning and environ-
mental compliance costs incurred not more than 
18 months before project approval to be credited 
toward the non-Federal share in accordance with 
subsection (f).’’; and 
(B) by striking paragraph (2) and inserting 
the following: 
‘‘(2) WAIVER OF HIGHWAY PROGRAM REQUIRE-
MENTS.—A project funded under this section— 
‘‘(A) is intended to enhance recreational op-
portunity; 
‘‘(B) is not considered to be a highway 
project; and 
‘‘(C) is not subject to— 
‘‘(i) section 112, 114, 116, 134, 135, 
138, 217, or 301 of this title; or 
‘‘(ii) section 303 of title 49.’’.
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SEC. 1604. EXEMPTION OF INTERSTATE SYSTEM. 
Subsection 103(c) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Interstate System shall 
not be considered to be a historic site under sec-
tion 303 of title 49 or section 138 of this title, 
regardless of whether the Interstate System or 
portions of the Interstate System are listed on, or 
eligible for listing on, the National Register of 
Historic Places. 
‘‘(B) INDIVIDUAL ELEMENTS.—A portion of 
the Interstate System that possesses an inde-
pendent feature of historic significance, such as 
a historic bridge or a highly significant engi-
neering feature, that would qualify independ-
ently for listing on the National Register of His-
toric Places, shall be considered to be a historic 
site under section 303 of title 49 or section 138 
of this title, as applicable.’’. 
SEC. 1605. STANDARDS. 
(a) IN GENERAL.—Section 109(a) of title 23, United 
States Code, is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end;
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(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) consider the preservation, historic, scenic, 
natural environmental, and community values.’’. 
(b) CONTEXT SENSITIVE DESIGN.—Section 109 of title 
23, United States Code, is amended by striking subsection 
(p) and inserting the following: 
‘‘(p) CONTEXT SENSITIVE DESIGN.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age States to design projects funded under this title 
that— 
‘‘(A) allow for the preservation of environ-
mental, scenic, or historic values; 
‘‘(B) ensure the safe use of the facility; 
‘‘(C) provide for consideration of the context 
of the locality; 
‘‘(D) encourage access for other modes of 
transportation; and 
‘‘(E) comply with subsection (a). 
‘‘(2) 
APPROVAL
BY
SECRETARY.—Notwith-
standing subsections (b) and (c), the Secretary may 
approve a project described in paragraph (1) for the 
National Highway System if the project is designed 
to achieve the criteria specified in that paragraph.’’.
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SEC. 1606. USE OF HIGH OCCUPANCY VEHICLE LANES. 
Section 102 of title 23, United States Code, is amended 
by striking subsection (a) and inserting the following: 
‘‘(a) HIGH OCCUPANCY VEHICLE LANE PASSENGER 
REQUIREMENTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) RESPONSIBLE AGENCY.—The term ‘re-
sponsible agency’ means— 
‘‘(i) a State transportation depart-
ment; and 
‘‘(ii) a local agency in a State that is 
responsible for transportation matters. 
‘‘(B) SERIOUSLY DEGRADED.—The term ‘se-
riously degraded’, with respect to a high occu-
pancy vehicle lane, means, in the case of a high 
occupancy vehicle lane, the minimum average 
operating speed, performance threshold, and as-
sociated time period of the high occupancy vehi-
cle lane, calculated and determined jointly by all 
applicable responsible agencies and based on con-
ditions unique to the roadway, are unsatisfac-
tory. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), for each State, 1 or more responsible 
agencies shall establish the occupancy require-
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ments of vehicles operating on high occupancy 
vehicle lanes. 
‘‘(B) MINIMUM NUMBER OF OCCUPANTS.— 
Except as provided in paragraph (3), an occu-
pancy requirement established under subpara-
graph (A) shall— 
‘‘(i) require at least 2 occupants per 
vehicle for a vehicle operating on a high oc-
cupancy vehicle lane; and 
‘‘(ii) in the case of a high occupancy 
vehicle lane that traverses an adjacent 
State, be established in consultation with 
the adjacent State. 
‘‘(3) EXCEPTIONS TO HOV OCCUPANCY REQUIRE-
MENTS.— 
‘‘(A) MOTORCYCLES.—For the purpose of 
this subsection, a motorcycle— 
‘‘(i) shall not be considered to be a sin-
gle occupant vehicle; and 
‘‘(ii) shall be allowed to use a high oc-
cupancy vehicle lane unless a responsible 
agency— 
‘‘(I) certifies to the Secretary the 
use of a high occupancy vehicle lane by
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a motorcycle would create a safety haz-
ard; and 
‘‘(II) restricts that the use of the 
high occupancy vehicle lane by motor-
cycles. 
‘‘(B) LOW
EMISSION
AND
ENERGY-EFFI-
CIENT VEHICLES.— 
‘‘(i) DEFINITION
OF
LOW
EMISSION 
AND ENERGY-EFFICIENT VEHICLE.—In this 
subparagraph, the term ‘low emission and 
energy-efficient vehicle’ means a vehicle that 
has been certified by the Administrator of 
the Environmental Protection Agency— 
‘‘(I)(aa) to have a 45-mile per 
gallon or greater fuel economy highway 
rating; or 
‘‘(bb) to qualify as an alternative 
fueled vehicle under section 301 of the 
Energy Policy Act of 1992 (42 U.S.C. 
13211); and 
‘‘(II) as meeting Tier II emission 
level established in regulations promul-
gated by the Administrator of the En-
vironmental Protection Agency under 
section 202(i) of the Clean Air Act (42
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HR 3550 EAS 
U.S.C. 7521(i)) for that make and 
model year vehicle. 
‘‘(ii) EXEMPTION FOR LOW EMISSION 
AND ENERGY-EFFICIENT VEHICLES.—A re-
sponsible agency may permit qualifying low 
emission and energy-efficient vehicles that 
do not meet applicable occupancy require-
ments (as determined by the responsible 
agency) to use high occupancy vehicle lanes 
if the responsible agency— 
‘‘(I) establishes a program that 
addresses how those qualifying low 
emission and energy-efficient vehicles 
are selected and certified; 
‘‘(II) establishes requirements for 
labeling qualifying low emission and 
energy-efficient vehicles (including pro-
cedures for enforcing those require-
ments); 
‘‘(III) 
continuously 
monitors, 
evaluates, and reports to the Secretary 
on performance; and 
‘‘(IV) imposes such restrictions on 
the use on high occupancy vehicle lanes 
by vehicles that do not satisfy estab-
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lished occupancy requirements as are 
necessary to ensure that the perform-
ance of individual high occupancy ve-
hicle lanes, and the entire high occu-
pancy vehicle lane system, will not be-
come seriously degraded. 
‘‘(C) TOLLING OF VEHICLES.— 
‘‘(i) IN GENERAL.—A responsible agen-
cy may permit vehicles, in addition to the 
vehicles described in paragraphs (A), (B), 
and (D) that do not satisfy established occu-
pancy requirements, to use a high occu-
pancy vehicle lane only if the responsible 
agency charges those vehicles a toll. 
‘‘(ii) APPLICABLE AUTHORITY.—In im-
posing a toll under clause (i), a responsible 
agency shall— 
‘‘(I) be subject to section 129; 
‘‘(II) establish a toll program that 
addresses ways in which motorists may 
enroll and participate in the program; 
‘‘(III) 
develop, 
manage, 
and 
maintain a system that will automati-
cally collect the tolls from covered vehi-
cles;
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‘‘(IV) 
continuously 
monitor, 
evaluate, and report on performance of 
the system; 
‘‘(V) establish such policies and 
procedures as are necessary— 
‘‘(aa) to vary the toll charged 
in order to manage the demand 
for use of high occupancy vehicle 
lanes; and 
‘‘(bb) to enforce violations; 
and 
‘‘(VI) establish procedures to im-
pose such restrictions on the use of high 
occupancy vehicle lanes by vehicles that 
do not satisfy established occupancy re-
quirements as are necessary to ensure 
that the performance of individual 
high occupancy vehicle lanes, and the 
entire high occupancy vehicle lane sys-
tem, will not become seriously de-
graded. 
‘‘(D) 
DESIGNATED
PUBLIC
TRANSPOR-
TATION VEHICLES.— 
‘‘(i) DEFINITION OF DESIGNATED PUB-
LIC
TRANSPORTATION
VEHICLE.—In this
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subparagraph, the term ‘designated public 
transportation vehicle’ means a vehicle 
that— 
‘‘(I) provides designated public 
transportation (as defined in section 
221 of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12141)); and 
‘‘(II)(aa) is owned or operated by 
a public entity; or 
‘‘(bb) is operated under a contract 
with a public entity. 
‘‘(ii) USE OF HIGH OCCUPANCY VEHI-
CLE
LANES.—A responsible agency may 
permit designated public transportation ve-
hicles that do not satisfy established occu-
pancy requirements to use high occupancy 
vehicle lanes if the responsible agency— 
‘‘(I) requires the clear and identi-
fiable labeling of each designated pub-
lic transportation vehicle operating 
under a contract with a public entity 
with the name of the public entity on 
all sides of the vehicle; 
‘‘(II) continuously monitors, eval-
uates, and reports on performance of
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those designated public transportation 
vehicles; and 
‘‘(III) imposes such restrictions on 
the use of high occupancy vehicle lanes 
by designated public transportation ve-
hicles as are necessary to ensure that 
the performance of individual high oc-
cupancy vehicle lanes, and the entire 
high occupancy vehicle lane system, 
will not become seriously degraded. 
‘‘(E) HOV LANE MANAGEMENT, OPERATION, 
AND MONITORING.— 
‘‘(i) IN GENERAL.—A responsible agen-
cy that permits any of the exceptions speci-
fied in this paragraph shall comply with 
clauses (ii) and (iii). 
‘‘(ii) 
PERFORMANCE
MONITORING, 
EVALUATION, AND REPORTING.—A respon-
sible agency described in clause (i) shall es-
tablish, manage, and support a performance 
monitoring, evaluation, and reporting pro-
gram under which the responsible agency 
continuously monitors, assesses, and reports 
on the effects that any vehicle permitted to 
use a high occupancy vehicle lane under an
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exception under this paragraph may have 
on the operation of— 
‘‘(I) individual high occupancy 
vehicle lanes; and 
‘‘(II) the entire high occupancy 
vehicle lane system. 
‘‘(iii) OPERATION
OF
HOV
LANE
OR 
SYSTEM.—A responsible agency described in 
clause (i) shall limit use of, or cease to use, 
any of the exceptions specified in this para-
graph if the presence of any vehicle per-
mitted to use a high occupancy vehicle lane 
under an exception under this paragraph 
seriously degrades the operation of— 
‘‘(I) individual high occupancy 
vehicle lanes; and 
‘‘(II) the entire high occupancy 
vehicle lane system.’’. 
SEC. 1607. BICYCLE TRANSPORTATION AND PEDESTRIAN 
WALKWAYS. 
(a) IN GENERAL.—Section 217 of title 23, United 
States Code, is amended— 
(1) in subsection (a), by inserting ‘‘pedestrian 
and’’ after ‘‘safe’’;
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(2) in subsection (e), by striking ‘‘bicycles’’ each 
place it appears and inserting ‘‘pedestrians or 
bicyclists’’; 
(3) by striking subsection (f) and inserting the 
following: 
‘‘(f) FEDERAL SHARE.—The Federal share of the con-
struction of bicycle transportation facilities and pedestrian 
walkways, and for carrying out nonconstruction projects re-
lating to safe pedestrian and bicycle use, shall be deter-
mined in accordance with section 120(b).’’; 
(4) by redesignating subsection (j) as subsection 
(k); 
(5) by inserting after subsection (i) the following: 
‘‘(j) BICYCLE AND PEDESTRIAN SAFETY GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall select 
and make grants to a national, nonprofit organiza-
tion engaged in promoting bicycle and pedestrian 
safety— 
‘‘(A) to operate a national bicycle and pe-
destrian clearinghouse; 
‘‘(B) to develop information and edu-
cational programs regarding walking and bicy-
cling; and 
‘‘(C) to disseminate techniques and strate-
gies for improving bicycle and pedestrian safety.
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‘‘(2) FUNDING.—The Secretary may use funds 
set aside under section 104(n) to carry out this sub-
section. 
‘‘(3) APPLICABILITY OF TITLE 23.—Funds au-
thorized to be appropriated to carry out this sub-
section shall be available for obligation in the same 
manner as if the funds were apportioned under sec-
tion 104, except that the funds shall remain available 
until expended.’’; and 
(6) in subsection (k) (as redesignated by para-
graph (4))— 
(A) by redesignating paragraph (4) as 
paragraph (5); and 
(B) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) SHARED USE PATH.—The term ‘shared use 
path’ means a multiuse trail or other path that is— 
‘‘(A) physically separated from motorized 
vehicular traffic by an open space or barrier, ei-
ther within a highway right-of-way or within an 
independent right-of-way; and 
‘‘(B) usable for transportation purposes (in-
cluding by pedestrians, bicyclists, skaters, eques-
trians, and other nonmotorized users).’’.
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(b) RESERVATION OF FUNDS.—Section 104 of title 23, 
United States Code (as amended by section 1522), is 
amended by adding at the end the following: 
‘‘(n) BICYCLE AND PEDESTRIAN SAFETY GRANTS.— 
On October 1 of each of fiscal years 2004 through 2009, 
the Secretary, after making the deductions authorized by 
subsections (a) and (f), shall set aside $500,000 of the re-
maining funds apportioned under subsection (b)(3) for use 
in carrying out the bicycle and pedestrian safety grant pro-
gram under section 217.’’. 
SEC. 1608. IDLING REDUCTION FACILITIES IN INTERSTATE 
RIGHTS-OF-WAY. 
Section 111 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(d) IDLING REDUCTION FACILITIES IN INTERSTATE 
RIGHTS-OF-WAY.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), a State may— 
‘‘(A) permit electrification or other idling 
reduction facilities and equipment, for use by 
motor vehicles used for commercial purposes, to 
be placed in rest and recreation areas, and in 
safety rest areas, constructed or located on 
rights-of-way of the Interstate System in the
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State, so long as those idling reduction measures 
do not— 
‘‘(i) reduce the existing number of des-
ignated truck parking spaces at any given 
rest or recreation area; or 
‘‘(ii) preclude the use of those spaces by 
trucks employing alternative idle reduction 
technologies; and 
‘‘(B) charge a fee, or permit the charging of 
a fee, for the use of those parking spaces actively 
providing power to a truck to reduce idling. 
‘‘(2) PURPOSE.—The exclusive purpose of the fa-
cilities described in paragraph (1) (or similar tech-
nologies) shall be to enable operators of motor vehicles 
used for commercial purposes— 
‘‘(A) to reduce idling of a truck while 
parked in the rest or recreation area; and 
‘‘(B) to use installed or other equipment 
specifically designed to reduce idling of a truck, 
or provide alternative power for supporting driv-
er comfort, while parked.’’. 
SEC. 1609. TOLL PROGRAMS. 
(a) INTERSTATE SYSTEM RECONSTRUCTION AND RE-
HABILITATION PILOT PROGRAM.—Section 1216(b) of the
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Transportation Equity Act for the 21st Century (23 U.S.C. 
129 note; 112 Stat. 212)— 
(1) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘The Secretary’’ and 
inserting ‘‘Notwithstanding section 301, the 
Secretary’’; and 
(ii) by striking ‘‘that could not other-
wise be adequately maintained or function-
ally improved without the collection of 
tolls’’; 
(B) in paragraph (3), by striking subpara-
graph (C) and inserting the following: 
‘‘(C) An analysis demonstrating that fi-
nancing the reconstruction or rehabilitation of 
the facility with the collection of tolls under this 
pilot program is the most efficient, economical, 
or expeditious way to advance the project.’’; 
(C) in paragraph (4)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) the State’s analysis showing that fi-
nancing the reconstruction or rehabilitation of a 
facility with the collection of tolls under the pilot
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program is the most efficient, economical, or ex-
peditious way to advance the project;’’; 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) the facility needs reconstruction or re-
habilitation, including major work that may re-
quire replacing sections of the existing facility on 
new alignment;’’; 
(iii) by striking subparagraph (C); 
and 
(iv) by redesignating subparagraphs 
(D) and (E) as subparagraphs (C) and (D), 
respectively; 
(2) is redesignated as subsection (d) of section 
129 of title 23, United States Code, and moved to ap-
pear at the end of that section; and 
(3) by striking ‘‘of title 23, United States Code’’ 
each place it appears. 
(b) FAST AND SENSIBLE TOLL (FAST) LANES PRO-
GRAM.—Section 129 of title 23, United States Code (as 
amended by subsection (a)(2)), is amended by adding at 
the end the following: 
‘‘(e) FAST AND SENSIBLE TOLL (FAST) LANES PRO-
GRAM.— 
‘‘(1) DEFINITIONS.—In this subsection:
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‘‘(A) ELIGIBLE TOLL FACILITY.—The term 
‘eligible toll facility’ includes— 
‘‘(i) a facility in existence on the date 
of enactment of this subsection that collects 
tolls; 
‘‘(ii) a facility in existence on the date 
of enactment of this subsection, including a 
facility that serves high occupancy vehicles; 
‘‘(iii) a facility modified or constructed 
after the date of enactment of this subsection 
to create additional tolled capacity (includ-
ing a facility constructed by a private enti-
ty or using private funds); and 
‘‘(iv) in the case of a new lane added 
to a previously non-tolled facility, only the 
new lane. 
‘‘(B) NONATTAINMENT
AREA.—The term 
‘nonattainment area’ has the meaning given the 
term in section 171 of the Clean Air Act (42 
U.S.C. 7501). 
‘‘(2) 
ESTABLISHMENT.—Notwithstanding 
sec-
tions 129 and 301, the Secretary shall permit a State, 
public authority, or a public or private entity des-
ignated by a State, to collect a toll from motor vehi-
cles at an eligible toll facility for any highway,
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bridge, or tunnel, including facilities on the Interstate 
System— 
‘‘(A) to manage high levels of congestion; 
‘‘(B) to reduce emissions in a nonattain-
ment area or maintenance area; or 
‘‘(C) to finance the expansion of a highway, 
for the purpose of reducing traffic congestion, by 
constructing 1 or more additional lanes (includ-
ing bridge, tunnel, support, and other structures 
necessary for that construction) on the Interstate 
System. 
‘‘(3) LIMITATION ON USE OF REVENUES.— 
‘‘(A) USE.— 
‘‘(i) IN
GENERAL.—Toll revenues re-
ceived under paragraph (2) shall be used by 
a State, public authority, or private entity 
designated by a State, for— 
‘‘(I) debt service for debt incurred 
on 1 or more highway or transit 
projects carried out under this title or 
title 49; 
‘‘(II) a reasonable return on in-
vestment of any private financing; 
‘‘(III) the costs necessary for 
proper operation and maintenance of
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any facilities under paragraph (2) (in-
cluding 
reconstruction, 
resurfacing, 
restoration, and rehabilitation); or 
‘‘(IV) if the State, public author-
ity, or private entity annually certifies 
that the tolled facility is being ade-
quately operated and maintained, any 
other purpose relating to a highway or 
transit project carried out under this 
title or title 49. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) VARIABLE PRICE REQUIREMENT.— 
A facility that charges tolls under this sub-
section may establish a toll that varies in 
price according to time of day or level of 
traffic, as appropriate to manage congestion 
or improve air quality. 
‘‘(ii) HOV 
VARIABLE
PRICING
RE-
QUIREMENT.—The Secretary shall require, 
for each high occupancy vehicle facility that 
charges tolls under this subsection, that the 
tolls vary in price according to time of day 
or level of traffic, as appropriate to manage 
congestion or improve air quality.
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‘‘(iii) 
HOV 
PASSENGER
REQUIRE-
MENTS.—In addition to the exceptions to 
the high occupancy vehicle passenger re-
quirements 
established 
under 
section 
102(a)(2), a State may permit motor vehi-
cles with fewer than 2 occupants to operate 
in high occupancy vehicle lanes as part of 
a variable toll pricing program established 
under this subsection. 
‘‘(C) AGREEMENT.— 
‘‘(i) IN
GENERAL.—Before the Sec-
retary may permit a facility to charge tolls 
under this subsection, the Secretary and the 
applicable State, public authority, or pri-
vate entity designated by a State shall enter 
into an agreement for each facility incor-
porating the conditions described in sub-
paragraphs (A) and (B). 
‘‘(ii) 
TERMINATION.—An 
agreement 
under clause (i) shall terminate with respect 
to a facility upon the decision of the State, 
public authority, or private entity des-
ignated by a State to discontinue the vari-
able tolling program under this subsection 
for the facility.
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‘‘(iii) DEBT.— 
‘‘(I) IN GENERAL.—If there is any 
debt outstanding on a facility at the 
time at which the decision is made to 
discontinue the program under this 
subsection with respect to the facility, 
the facility may continue to charge 
tolls in accordance with the terms of 
the agreement until such time as the 
debt is retired. 
‘‘(II) NOTICE.—On retirement of 
the debt of a tolled facility, the appli-
cable State, public authority, or pri-
vate entity designated by a State shall 
provide notice to the public of that re-
tirement. 
‘‘(D) LIMITATION
ON
FEDERAL
SHARE.— 
The Federal share of the cost of a project on a 
facility tolled under this subsection, including a 
project to install the toll collection facility shall 
be a percentage, not to exceed 80 percent, deter-
mined by the applicable State. 
‘‘(4) ELIGIBILITY.—To be eligible to participate 
in the program under this subsection, a State, public
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authority, or private entity designated by a State 
shall provide to the Secretary— 
‘‘(A) a description of the congestion or air 
quality problems sought to be addressed under 
the program; 
‘‘(B) a description of— 
‘‘(i) the goals sought to be achieved 
under the program; and 
‘‘(ii) the performance measures that 
would be used to gauge the success made to-
ward reaching those goals; and 
‘‘(C) such other information as the Sec-
retary may require. 
‘‘(5) AUTOMATION.—Fees collected from motorists 
using a FAST lane shall be collected only through the 
use of noncash electronic technology that optimizes the 
free flow of traffic on the tolled facility. 
‘‘(6) INTEROPERABILITY.— 
‘‘(A) RULE.— 
‘‘(i) IN GENERAL.—Not later than 180 
days after the date of enactment of this 
paragraph, the Secretary shall promulgate 
a final rule specifying requirements, stand-
ards, or performance specifications for auto-
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mated toll collection systems implemented 
under this section. 
‘‘(ii) DEVELOPMENT.—In developing 
that rule, which shall be designed to maxi-
mize the interoperability of electronic collec-
tion systems, the Secretary shall, to the 
maximum extent practicable— 
‘‘(I) seek to accelerate progress to-
ward the national goal of achieving a 
nationwide interoperable electronic toll 
collection system; 
‘‘(II) take into account the use of 
noncash electronic technology currently 
deployed within an appropriate geo-
graphical area of travel and the 
noncash electronic technology likely to 
be in use within the next 5 years; and 
‘‘(III) seek to minimize additional 
costs and maximize convenience to 
users of toll facility and to the toll fa-
cility owner or operator. 
‘‘(B) FUTURE MODIFICATIONS.—As the state 
of technology progresses, the Secretary shall mod-
ify the rule promulgated under subparagraph 
(A), as appropriate.
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‘‘(7) REPORTING.— 
‘‘(A) IN GENERAL.—The Secretary, in co-
operation with State and local agencies and 
other program participants and with oppor-
tunity for public comment, shall— 
‘‘(i) develop and publish performance 
goals for each FAST lane project; 
‘‘(ii) establish a program for regular 
monitoring and reporting on the achieve-
ment of performance goals, including— 
‘‘(I) effects on travel, traffic, and 
air quality; 
‘‘(II) distribution of benefits and 
burdens; 
‘‘(III) use of alternative transpor-
tation modes; and 
‘‘(IV) use of revenues to meet 
transportation or impact mitigation 
needs. 
‘‘(B) REPORTS
TO
CONGRESS.—The Sec-
retary shall submit to the Committee on Envi-
ronment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure 
of the House of Representatives—
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‘‘(i) not later than 1 year after the 
date of enactment of this subsection, and 
annually thereafter, a report that describes 
in detail the uses of funds under this sub-
section in accordance with paragraph 
(8)(D); and 
‘‘(ii) not later than 3 years after the 
date of enactment of this subsection, and 
every 3 years thereafter, a report that de-
scribes any success of the program under 
this subsection in meeting congestion reduc-
tion and other performance goals established 
for FAST lane programs. 
‘‘(8) FUNDING.— 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated 
from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out pre-imple-
mentation studies and post-implementation eval-
uations of projects planned or implemented 
under this subsection $11,000,000 for each of fis-
cal years 2004 through 2009. 
‘‘(B) AVAILABILITY.—Funds allocated by 
the Secretary to a State under this subsection 
shall remain available for obligation by the State
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for a period of 3 years after the last day of the 
fiscal year for which the funds were authorized. 
‘‘(C) CONTRACT
AUTHORITY.—Funds au-
thorized to be appropriated under this para-
graph shall be available for obligation in the 
same manner as if the funds were apportioned 
under this chapter, except that the Federal share 
of the cost of any project carried out under this 
subsection and the availability of funds author-
ized by this paragraph shall be determined in 
accordance with this subsection. 
‘‘(D) 
PROGRAM
PROMOTION.—Notwith-
standing any other provision of this section, the 
Secretary shall use an amount not to exceed 2 
percent of the funds made available under sub-
paragraph (A)— 
‘‘(i) to make grants to promote the 
purposes of the program under this sub-
section; 
‘‘(ii) to provide technical support to 
State and local governments or other public 
or private entities involved in implementing 
or considering FAST lane programs; and
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‘‘(iii) to conduct research on variable 
pricing that will support State or local ef-
forts to initiate those pricing requirements. 
‘‘(E) EFFECT ON OTHER APPORTIONMENTS 
AND ALLOCATIONS.—Revenues collected from tolls 
established under this subsection shall not be 
taken into account in determining the apportion-
ments and allocations that any State or trans-
portation district within a State shall be entitled 
to receive under or in accordance with this chap-
ter. 
‘‘(9) COMPLIANCE.—The Secretary shall ensure 
that any project or activity carried out under this 
section complies with requirements under section 106 
of this title and section 307 of title 49. 
‘‘(10) VOLUNTARY USE.—Nothing in this sub-
section requires any highway user to use a FAST 
lane. 
‘‘(11) ENVIRONMENTAL
REQUIREMENTS.—Noth-
ing in this subsection affects any environmental re-
quirement applicable to the construction or operation 
of an eligible toll facility under this title or any other 
provision of law.’’. 
(c) CONFORMING AMENDMENTS.—
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(1) IN
GENERAL.—Section 1012 of the Inter-
modal Surface Transportation Efficiency Act (23 
U.S.C. 149 note; 105 Stat. 1938; 112 Stat. 211) is 
amended by striking subsection (b). 
(2) 
CONTINUATION
OF
PROGRAM.—Notwith-
standing the amendment made by paragraph (1), the 
Secretary shall monitor and allow any value pricing 
program established under a cooperative agreement in 
effect on the day before the date of enactment of this 
Act to continue. 
SEC. 1610. FEDERAL REFERENCE METHOD. 
(a) IN GENERAL.—Section 6102 of the Transportation 
Equity Act for the 21st Century (42 U.S.C. 7407 note; 112 
Stat. 464) is amended by striking subsection (e) and insert-
ing the following: 
‘‘(e) FIELD STUDY.—Not later than 2 years after the 
date of enactment of the Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2004, the Adminis-
trator shall— 
‘‘(1) conduct a field study of the ability of the 
PM2.5 Federal Reference Method to differentiate those 
particles that are larger than 2.5 micrometers in di-
ameter; 
‘‘(2) develop a Federal reference method to meas-
ure directly particles that are larger than 2.5 mi-
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HR 3550 EAS 
crometers in diameter without reliance on subtracting 
from coarse particle measurements those particles that 
are equal to or smaller than 2.5 micrometers in di-
ameter; 
‘‘(3) develop a method of measuring the composi-
tion of coarse particles; and 
‘‘(4) submit a report on the study and respon-
sibilities of the Administrator under paragraphs (1) 
through (3) to— 
‘‘(A) the Committee on Commerce of the 
House of Representatives; and 
‘‘(B) the Committee on Environment and 
Public Works of the Senate.’’. 
SEC. 1611. ADDITION OF PARTICULATE MATTER AREAS TO 
CMAQ. 
Section 104(b)(2) of title 23, United States Code, is 
amended— 
(1) in subparagraph (B)— 
(A) in the matter preceding clause (i), by 
striking ‘‘ozone or carbon monoxide’’ and insert-
ing ‘‘ozone, carbon monoxide, or fine particulate 
matter (PM2.5)’’; 
(B) by striking clause (i) and inserting the 
following:
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HR 3550 EAS 
‘‘(i) 1.0, if at the time of apportion-
ment, the area is a maintenance area;’’; 
(C) in clause (vi), by striking ‘‘or’’ after the 
semicolon; and 
(D) in clause (vii)— 
(i) by striking ‘‘area as described in 
section 149(b) for ozone,’’ and inserting 
‘‘area for ozone (as described in section 
149(b) or for PM–2.5’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; 
(2) by adding at the end the following: 
‘‘(viii) 1.0 if, at the time of apportion-
ment, any county that is not designated as 
a nonattainment or maintenance area 
under the 1-hour ozone standard is des-
ignated as nonattainment under the 8-hour 
ozone standard; or 
‘‘(ix) 1.2 if, at the time of apportion-
ment, the area is not a nonattainment or 
maintenance area as described in section 
149(b) for ozone or carbon monoxide, but is 
an area designated nonattainment under 
the PM–2.5 standard.’’;
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(3) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) ADDITIONAL
ADJUSTMENT
FOR
CAR-
BON MONOXIDE AREAS.—If, in addition to being 
designated as a nonattainment or maintenance 
area for ozone as described in section 149(b), any 
county within the area was also classified under 
subpart 3 of part D of title I of the Clean Air 
Act (42 U.S.C. 7512 et seq.) as a nonattainment 
or maintenance area described in section 149(b) 
for carbon monoxide, the weighted nonattain-
ment or maintenance area population of the 
county, as determined under clauses (i) through 
(vi) or clause (viii) of subparagraph (B), shall be 
further multiplied by a factor of 1.2.’’; 
(4) by redesignating subparagraph (D) and (E) 
as subparagraphs (E) and (F) respectively; and 
(5) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) ADDITIONAL ADJUSTMENT FOR PM 2.5 
AREAS.—If, in addition to being designated as a 
nonattainment or maintenance area for ozone or 
carbon monoxide, or both as described in section 
149(b), any county within the area was also des-
ignated under the PM–2.5 standard as a non-
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attainment or maintenance area, the weighted 
nonattainment or maintenance area population 
of those counties shall be further multiplied by a 
factor of 1.2.’’. 
SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS. 
(a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, 
United States Code, is amended— 
(1) in paragraph (4), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(6) if the project or program is for the purchase 
of alternative fuel (as defined in section 301 of the 
Energy Policy Act of 1992 (42 U.S.C. 13211)) or bio-
diesel; or 
‘‘(7) if the project or program involves the pur-
chase of integrated, interoperable emergency commu-
nications equipment.’’. 
(b) STATES RECEIVING MINIMUM APPORTIONMENT.— 
Section 149(c) of title 23, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘for any 
project eligible under the surface transportation pro-
gram under section 133.’’ and inserting the following: 
‘‘for any project in the State that—
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‘‘(A) would otherwise be eligible under this 
section as if the project were carried out in a 
nonattainment or maintenance area; or 
‘‘(B) is eligible under the surface transpor-
tation program under section 133.’’; and 
(2) in paragraph (2), by striking ‘‘for any 
project in the State eligible under section 133.’’ and 
inserting the following: ‘‘for any project in the State 
that— 
‘‘(A) would otherwise be eligible under this 
section as if the project were carried out in a 
nonattainment or maintenance area; or 
‘‘(B) is eligible under the surface transpor-
tation program under section 133.’’. 
(c) RESPONSIBILITY OF STATES.— 
(1) IN GENERAL.—Each State shall be respon-
sible for ensuring that subrecipients of Federal funds 
within the State under section 149 of title 23, United 
States Code, have emission reduction strategies for 
fleets that are— 
(A) used in construction projects located in 
nonattainment and maintenance areas; and 
(B) funded under title 23, United States 
Code.
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(2) EMISSION
REDUCTION
STRATEGIES.—The 
Administrator of the Environmental Protection Agen-
cy, in consultation with the Secretary, shall develop 
a nonbinding list of emission reduction strategies and 
supporting technical information for each strategy, 
including— 
(A) contract preferences; 
(B) requirements for the use of anti-idling 
equipment; 
(C) diesel retrofits; and 
(D) such other matters as the Administrator 
of the Environmental Protection Agency, in con-
sultation with the Secretary, determine to be ap-
propriate. 
(3) USE OF CMAQ FUNDS.—A State may use 
funds made available under this title and title 23, 
United States Code, for the congestion mitigation and 
air quality program under section 149 of title 23, 
United States Code, to ensure the deployment of the 
emission reduction strategies described in paragraph 
(1). 
SEC. 1613. IMPROVED INTERAGENCY CONSULTATION. 
Section 149 of title 23, United States Code, is amended 
by adding at the end the following:
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‘‘(g) INTERAGENCY CONSULTATION.—The Secretary 
shall encourage States and metropolitan planning organi-
zations to consult with State and local air quality agencies 
in nonattainment and maintenance areas on the estimated 
emission reductions from proposed congestion mitigation 
and air quality improvement programs and projects.’’. 
SEC. 1614. EVALUATION AND ASSESSMENT OF CMAQ 
PROJECTS. 
Section 149 of title 23, United States Code, is amended 
by adding at the end the following: 
‘‘(h) EVALUATION AND ASSESSMENT OF PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Administrator of the Environmental 
Protection Agency, shall evaluate and assess a rep-
resentative sample of projects funded under the con-
gestion mitigation and air quality program to— 
‘‘(A) determine the direct and indirect im-
pact of the projects on air quality and congestion 
levels; and 
‘‘(B) ensure the effective implementation of 
the program. 
‘‘(2) DATABASE.—Using appropriate assessments 
of projects funded under the congestion mitigation 
and air quality program and results from other re-
search, the Secretary shall maintain and disseminate
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a cumulative database describing the impacts of the 
projects. 
‘‘(3) CONSIDERATION.—The Secretary, in con-
sultation with the Administrator of the Environ-
mental Protection Agency, shall consider the rec-
ommendations and findings of the report submitted to 
Congress under section 1110(e) of the Transportation 
Equity Act for the 21st Century (112 Stat. 144), in-
cluding recommendations and findings that would 
improve the operation and evaluation of the conges-
tion mitigation and air quality improvement pro-
gram under section 149.’’. 
SEC. 1615. SYNCHRONIZED PLANNING AND CONFORMITY 
TIMELINES, REQUIREMENTS, AND HORIZON. 
(a) METROPOLITAN PLANNING.— 
(1) DEVELOPMENT OF LONG-RANGE TRANSPOR-
TATION PLAN.—Section 134(g)(1) of title 23, United 
States Code, is amended by striking ‘‘periodically, ac-
cording to a schedule that the Secretary determines to 
be appropriate,’’ and inserting ‘‘every 4 years (or 
more frequently, in a case in which the metropolitan 
planning organization elects to update a transpor-
tation plan more frequently) in areas designated as 
nonattainment, as defined in section 107(d) of the 
Clean Air Act (42 U.S.C. 7407(d)), and in areas that
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were nonattainment that have been redesignated to 
attainment in accordance with section 107(d)(3) of 
that Act (42 U.S.C. 7407(d)(3)), with a maintenance 
plan under section 175A of that Act (42 U.S.C. 
7505a), or every 5 years (or more frequently, in a 
case in which the metropolitan planning organization 
elects to update a transportation plan more fre-
quently) in areas designated as attainment (as de-
fined in section 107(d) of that Act (42 U.S.C. 
7407(d))),’’. 
(2) METROPOLITAN TRANSPORTATION IMPROVE-
MENT PROGRAM.—Section 134(h) of title 23, United 
States Code, is amended— 
(A) in paragraph (1)(D), by striking ‘‘2 
years’’ and inserting ‘‘4 years’’; and 
(B) in paragraph (2)(A), by striking ‘‘3- 
year’’ and inserting ‘‘4-year’’. 
(3) STATEWIDE TRANSPORTATION IMPROVEMENT 
PROGRAM.—Section 135(f)(1)(A) of title 23, United 
States Code, is amended by inserting after ‘‘program’’ 
the following: ‘‘(which program shall cover a period 
of 4 years and be updated every 4 years)’’. 
(4) FINAL
REGULATIONS.—Not later than 18 
months after the date of enactment of the Safe, Ac-
countable, Flexible, and Efficient Transportation Eq-
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HR 3550 EAS 
uity Act of 2004, the Secretary shall promulgate regu-
lations that are consistent with the amendments made 
by this subsection. 
(b) SYNCHRONIZED CONFORMITY DETERMINATION.— 
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) 
is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘(2) Any transportation 
plan’’ and inserting the following: 
‘‘(2) TRANSPORTATION PLANS AND PROGRAMS.— 
Any transportation plan’’; 
(B) in subparagraph (C)(iii), by striking 
the period at the end and inserting a semicolon; 
(C) in subparagraph (D)— 
(i) by striking ‘‘Any project’’ and in-
serting ‘‘any transportation project’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(E) the appropriate metropolitan planning 
organization shall redetermine conformity of ex-
isting transportation plans and programs not 
later than 2 years after the date on which the 
Administrator—
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‘‘(i) finds a motor vehicle emissions 
budget to be adequate in accordance with 
section 93.118(e)(4) of title 40, Code of Fed-
eral Regulations (as in effect on October 1, 
2003); 
‘‘(ii) approves an implementation plan 
that establishes a motor vehicle emissions 
budget, if that budget has not yet been used 
in a conformity determination prior to ap-
proval; or 
‘‘(iii) promulgates an implementation 
plan that establishes or revises a motor ve-
hicle emissions budget.’’; 
(2) in paragraph (4)(B)(ii), by striking ‘‘but in 
no case shall such determinations for transportation 
plans and programs be less frequent than every 3 
years; and’’ and inserting ‘‘but the frequency for mak-
ing conformity determinations on updated transpor-
tation plans and programs shall be every 4 years, ex-
cept in a case in which— 
‘‘(I) the metropolitan planning 
organization elects to update a trans-
portation plan or program more fre-
quently; or
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‘‘(II) the metropolitan planning 
organization is required to determine 
conformity in accordance with para-
graph (2)(E); and’’; 
(3) in paragraph (4)(B)— 
(A) in clause (ii), by striking ‘‘and’’ at the 
end; 
(B) in clause (iii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iv) address the effects of the most re-
cent population, economic, employment, 
travel, transit ridership, congestion, and in-
duced travel demand information in the de-
velopment and application of the latest 
travel and emissions models.’’; 
(4) by adding at the end the following: 
‘‘(7) CONFORMITY
HORIZON
FOR
TRANSPOR-
TATION PLANS.— 
‘‘(A) IN GENERAL.—For the purposes of this 
section, a transportation plan in a nonattain-
ment or maintenance area shall be considered to 
be a transportation plan or a portion of a trans-
portation plan that extends for the longest of the 
following periods:
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‘‘(i) The first 10-year period of any 
such transportation plan. 
‘‘(ii) The latest year in the implemen-
tation plan applicable to the area that con-
tains a motor vehicle emission budget. 
‘‘(iii) The year after the completion 
date of a regionally significant project, if 
the project requires approval before the sub-
sequent conformity determination. 
‘‘(B) EXCEPTION.—In a case in which an 
area has a revision to an implementation plan 
under section 175A(b) and the Administrator 
has found the motor vehicle emissions budgets 
from that revision to be adequate in accordance 
with section 93.118(e)(4) of title 40, Code of Fed-
eral Regulations (as in effect on October 1, 
2003), or has approved the revision, the trans-
portation plan shall be considered to be a trans-
portation plan or portion of a transportation 
plan that extends through the last year of the im-
plementation 
plan 
required 
under 
section 
175A(b). 
‘‘(8) DEFINITIONS.—In this subsection: 
‘‘(A) REGIONALLY SIGNIFICANT PROJECT.—
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‘‘(i) IN GENERAL.—The term ‘region-
ally significant project’ means a transpor-
tation project that is on a facility that 
serves a regional transportation need, in-
cluding— 
‘‘(I) access to and from the area 
outside of the region; 
‘‘(II) access to and from major 
planned developments, including new 
retail malls, sports complexes, or trans-
portation terminals; and 
‘‘(III) most transportation termi-
nals. 
‘‘(ii) PRINCIPAL ARTERIALS AND FIXED 
GUIDEWAYS.—The term ‘regionally signifi-
cant project’ includes, at a minimum— 
‘‘(I) all principal arterial high-
ways; and 
‘‘(II) all fixed guideway transit 
facilities that offer an alternative to re-
gional highway travel. 
‘‘(iii) 
ADDITIONAL
PROJECTS.—The 
interagency consultation process and proce-
dures described in section 93.105(c) of title 
40, Code of Federal Regulations (as in effect
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on October 1, 2003), shall be used to make 
determinations as to whether minor arterial 
highways and other transportation projects 
should be considered ‘regionally significant 
projects’. 
‘‘(iv) EXCLUSIONS.—The term ‘region-
ally significant project’ does not include 
any project of a type listed in sections 
93.126 or 127 of title 40, Code of Federal 
Regulations (as in effect on October 1, 
2003). 
‘‘(B) SIGNIFICANT
REVISION.—The term 
‘significant revision’ means— 
‘‘(i) with respect to a regionally sig-
nificant project, a significant change in de-
sign concept or scope to the project; and 
‘‘(ii) with respect to any other kind of 
project, a change that converts a project 
that is not a regionally significant project 
into a regionally significant project. 
‘‘(C) TRANSPORTATION PROJECT.—The term 
‘transportation project’ includes only a project 
that is— 
‘‘(i) a regionally significant project; or
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‘‘(ii) a project that makes a significant 
revision to an existing project.’’; and 
(5) in the matter following paragraph (3)(B), by 
inserting ‘‘transportation’’ before ‘‘project’’ each place 
it appears. 
SEC. 1616. TRANSITION TO NEW AIR QUALITY STANDARDS. 
Section 176(c) of the Clean Air Act (42 U.S.C. 
7506(c)) is amended by striking paragraph (3) and insert-
ing the following: 
‘‘(3) METHODS OF CONFORMITY DETERMINATION 
BEFORE BUDGET IS AVAILABLE.— 
‘‘(A) IN GENERAL.—Until such time as a 
motor vehicle emission budget from an imple-
mentation plan submitted for a national ambi-
ent air quality standard is determined to be ade-
quate in accordance with section 93.118(e)(4) of 
title 40, Code of Federal Regulations (as in effect 
on October 1, 2003), or the submitted implemen-
tation plan is approved, conformity of such a 
plan, program, or project shall be demonstrated, 
in accordance with clauses (i) and (ii) and as se-
lected through the consultation process required 
under paragraph (4)(D)(i), with— 
‘‘(i) a motor vehicle emission budget 
that has been found adequate in accordance
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with section 93.118(e)(4) of title 40, Code of 
Federal Regulations (as in effect on October 
1, 2003), or that has been approved, from 
an implementation plan for the most recent 
prior applicable national ambient air qual-
ity standard addressing the same pollutant; 
or 
‘‘(ii) other such tests as the Adminis-
trator shall determine to ensure that— 
‘‘(I) the transportation plan or 
program— 
‘‘(aa) is consistent with the 
most recent estimates of mobile 
source emissions; 
‘‘(bb) provides for the expedi-
tious implementation of transpor-
tation control measures in the ap-
plicable 
implementation 
plan; 
and 
‘‘(cc) with respect to an ozone 
or carbon monoxide nonattain-
ment area, contributes to annual 
emissions 
reductions 
consistent 
with 
sections 
182(b)(1) 
and 
187(a)(7); and
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‘‘(II) the transportation project— 
‘‘(aa) comes from a con-
forming transportation plan and 
program described in this sub-
paragraph; and 
‘‘(bb) in a carbon monoxide 
nonattainment area, eliminates or 
reduces the severity and number 
of violations of the carbon mon-
oxide standards in the area sub-
stantially affected by the project. 
‘‘(B) DETERMINATION
FOR
A
TRANSPOR-
TATION PROJECT IN A CARBON MONOXIDE NON-
ATTAINMENT AREA.—A determination under sub-
paragraph (A)(ii)(II)(bb) may be made as part 
of either the conformity determination for the 
transportation program or for the individual 
project taken as a whole during the environ-
mental review phase of project development.’’. 
SEC. 1617. REDUCED BARRIERS TO AIR QUALITY IMPROVE-
MENTS. 
Section 176(c) of the Clean Air Act (42 U.S.C. 
7506(c)) (as amended by section 1615(b)(4)) is amended— 
(1) by redesignating paragraph (8) as para-
graph (9); and
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(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) SUBSTITUTION FOR TRANSPORTATION CON-
TROL MEASURES.— 
‘‘(A) IN GENERAL.—Transportation control 
measures that are specified in an implementa-
tion plan may be replaced or added to the imple-
mentation plan with alternate or additional 
transportation control measures if— 
‘‘(i) the substitute measures achieve 
equivalent or greater emissions reductions 
than the control measure to be replaced, as 
demonstrated with an analysis that is con-
sistent with the current methodology used 
for evaluating the replaced control measure 
in the implementation plan; 
‘‘(ii) the substitute control measures 
are implemented— 
‘‘(I) in accordance with a schedule 
that is consistent with the schedule 
provided for control measures in the 
implementation plan; or 
‘‘(II) if the implementation plan 
date for implementation of the control 
measure to be replaced has passed, as
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soon as practicable after the implemen-
tation plan date but not later than the 
date on which emission reductions are 
necessary to achieve the purpose of the 
implementation plan; 
‘‘(iii) the substitute and additional 
control measures are accompanied with evi-
dence of adequate personnel, funding, and 
authority under State or local law to imple-
ment, monitor, and enforce the control 
measures; 
‘‘(iv) the substitute and additional con-
trol measures were developed through a col-
laborative process that included— 
‘‘(I) participation by representa-
tives of all affected jurisdictions (in-
cluding local air pollution control 
agencies, the State air pollution control 
agency, and State and local transpor-
tation agencies); 
‘‘(II) consultation with the Ad-
ministrator; and 
‘‘(III) reasonable public notice 
and opportunity for comment; and
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‘‘(v) the metropolitan planning organi-
zation, State air pollution control agency, 
and the Administrator concur with the 
equivalency of the substitute or additional 
control measures. 
‘‘(B) ADOPTION.—After carrying out sub-
paragraph (A), a State shall adopt the substitute 
or additional transportation control measure in 
the applicable implementation plan. 
‘‘(C) NO REQUIREMENT FOR EXPRESS PER-
MISSION.—The substitution or addition of a 
transportation control measure in accordance 
with this paragraph shall not be contingent on 
there being any provision in the implementation 
plan that expressly permits such a substitution 
or addition. 
‘‘(D) NO
REQUIREMENT
FOR
NEW
CON-
FORMITY DETERMINATION.—The substitution or 
addition of a transportation control measure in 
accordance with this paragraph shall not re-
quire— 
‘‘(i) a new conformity determination 
for the transportation plan; or 
‘‘(ii) a revision of the implementation 
plan.
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‘‘(E) CONTINUATION OF CONTROL MEASURE 
BEING
REPLACED.—A control measure that is 
being replaced by a substitute control measure 
under this paragraph shall remain in effect until 
the substitute control measure is adopted by the 
State pursuant to subparagraph (B). 
‘‘(F) EFFECT OF ADOPTION.—Adoption of a 
substitute control measure shall constitute rescis-
sion of the previously applicable control meas-
ure.’’. 
SEC. 1618. AIR QUALITY MONITORING DATA INFLUENCED 
BY EXCEPTIONAL EVENTS. 
(a) IN GENERAL.—Section 319 of the Clean Air Act 
(42 U.S.C. 7619) is amended— 
(1) by striking the section heading and all that 
follows through ‘‘after notice and opportunity for pub-
lic hearing’’ and inserting the following: 
‘‘SEC. 319. AIR QUALITY MONITORING. 
‘‘(a) IN GENERAL.—After notice and opportunity for 
public hearing’’; and 
(2) by adding at the end the following: 
‘‘(b) AIR QUALITY MONITORING DATA INFLUENCED BY 
EXCEPTIONAL EVENTS.— 
‘‘(1) DEFINITION OF EXCEPTIONAL EVENT.—In 
this section:
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‘‘(A) IN GENERAL.—The term ‘exceptional 
event’ means an event that— 
‘‘(i) affects air quality; 
‘‘(ii) is not reasonably controllable or 
preventable; 
‘‘(iii) is— 
‘‘(I) a natural event; or 
‘‘(II) an event caused by human 
activity that is unlikely to recur at a 
particular location; and 
‘‘(iv) is determined by the Adminis-
trator through the process established in the 
regulations promulgated under paragraph 
(2) to be an exceptional event. 
‘‘(B) EXCLUSIONS.—The term ‘exceptional 
event’ does not include— 
‘‘(i) stagnation of air masses or mete-
orological inversions; 
‘‘(ii) a meteorological event involving 
high temperatures or lack of precipitation; 
or 
‘‘(iii) air pollution relating to source 
noncompliance. 
‘‘(2) REGULATIONS.—
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‘‘(A) PROPOSED REGULATIONS.—Not later 
than March 1, 2005, after consultation with Fed-
eral land managers and State air pollution con-
trol agencies, the Administrator shall publish in 
the Federal Register proposed regulations gov-
erning the review and handling of air quality 
monitoring 
data 
influenced 
by 
exceptional 
events. 
‘‘(B) FINAL REGULATIONS.—Not later than 
1 year after the date on which the Administrator 
publishes proposed regulations under subpara-
graph (A), and after providing an opportunity 
for interested persons to make oral presentations 
of views, data, and arguments regarding the pro-
posed regulations, the Administrator shall pro-
mulgate final regulations governing the review 
and handling or air quality monitoring data in-
fluenced by an exceptional event that are con-
sistent with paragraph (3). 
‘‘(3) PRINCIPLES AND REQUIREMENTS.— 
‘‘(A) PRINCIPLES.—In promulgating regu-
lations under this section, the Administrator 
shall follow— 
‘‘(i) the principle that protection of 
public health is the highest priority;
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‘‘(ii) the principle that timely informa-
tion should be provided to the public in any 
case in which the air quality is unhealthy; 
‘‘(iii) the principle that all ambient 
air quality data should be included in a 
timely manner, an appropriate Federal air 
quality database that is accessible to the 
public; 
‘‘(iv) the principle that each State 
must take necessary measures to safeguard 
public health regardless of the source of the 
air pollution; and 
‘‘(v) the principle that air quality data 
should be carefully screened to ensure that 
events not likely to recur are represented ac-
curately in all monitoring data and anal-
yses. 
‘‘(B) 
REQUIREMENTS.—Regulations 
pro-
mulgated under this section shall, at a min-
imum, provide that— 
‘‘(i) the occurrence of an exceptional 
event must be demonstrated by reliable, ac-
curate data that is promptly produced and 
provided by Federal, State, or local govern-
ment agencies;
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‘‘(ii) a clear causal relationship must 
exist between the measured exceedances of a 
national ambient air quality standard and 
the exceptional event to demonstrate that 
the exceptional event caused a specific air 
pollution concentration at a particular air 
quality monitoring location; 
‘‘(iii) there is a public process for de-
termining whether an event is exceptional; 
and 
‘‘(iv) there are criteria and procedures 
for the Governor of a State to petition the 
Administrator to exclude air quality moni-
toring data that is directly due to excep-
tional events from use in determinations by 
the Environmental Protection Agency with 
respect to exceedances or violations of the 
national ambient air quality standards. 
‘‘(4) INTERIM
PROVISION.—Until the effective 
date of a regulation promulgated under paragraph 
(2), the following guidance issued by the Adminis-
trator shall continue to apply: 
‘‘(A) Guidance on the identification and use 
of air quality data affected by exceptional events 
(July 1986).
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‘‘(B) Areas affected by PM–10 natural 
events, May 30, 1996. 
‘‘(C) Appendices I, K, and N to part 50 of 
title 40, Code of Federal Regulations.’’. 
SEC. 1619. CONFORMING AMENDMENTS. 
Section 176(c)(4) of the Clean Air Act (42 U.S.C. 
7506(c)(4) is amended— 
(1) by redesignating subparagraphs (B) through 
(D) as subparagraphs (D) through (F), respectively; 
(2) by striking ‘‘(4)(A) No later than one year 
after the date of enactment of the Clean Air Act 
Amendments of 1990, the Administrator shall pro-
mulgate’’ and inserting the following: 
‘‘(4) CRITERIA AND PROCEDURES FOR DETER-
MINING CONFORMITY.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall promulgate, and periodically update,’’; 
(3) in subparagraph (A)— 
(A) in the second sentence, by striking ‘‘No 
later than one year after such date of enactment, 
the Administrator, with the concurrence of the 
Secretary of Transportation, shall promulgate’’ 
and inserting the following: 
‘‘(B) TRANSPORTATION PLANS, PROGRAMS, 
AND
PROJECTS.—The Administrator, with the
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concurrence of the Secretary of Transportation, 
shall promulgate, and periodically update,’’; and 
(B) in the third sentence, by striking ‘‘A 
suit’’ and inserting the following: 
‘‘(C) CIVIL ACTION TO COMPEL PROMULGA-
TION.—A civil action’’; and 
(4) by striking subparagraph (E) (as redesig-
nated by paragraph (1)) and inserting the following: 
‘‘(E) INCLUSION OF CRITERIA AND PROCE-
DURES IN SIP.—Not later than 2 years after the 
date of enactment of the Safe, Accountable, Flexi-
ble, and Efficient Transportation Equity Act of 
2004, the procedures under subparagraph (A) 
shall include a requirement that each State in-
clude in the State implementation plan criteria 
and procedures for consultation in accordance 
with the Administrator’s criteria and procedures 
for 
consultation 
required 
by 
subparagraph 
(D)(i).’’. 
SEC. 1620. HIGHWAY STORMWATER DISCHARGE MITIGA-
TION PROGRAM. 
(a) HIGHWAY STORMWATER MITIGATION PROJECTS.— 
Section 133(d) of title 23, United States Code (as amended 
by section 1401(a)(2)(B)), is amended by adding at the end 
the following:
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‘‘(5) HIGHWAY STORMWATER DISCHARGE MITI-
GATION PROJECTS.—Of the amount apportioned to a 
State under section 104(b)(3) for a fiscal year, 2 per-
cent shall be available only for projects and activities 
carried out under section 167.’’. 
(b) HIGHWAY STORMWATER DISCHARGE MITIGATION 
PROGRAM.—Subchapter I of chapter 1 of title 23, United 
States Code (as amended by section 1601(a)), is amended 
by adding at the end the following: 
‘‘§ 167. Highway stormwater discharge mitigation pro-
gram 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) ELIGIBLE MITIGATION PROJECT.—The term 
‘eligible mitigation project’ means a practice or tech-
nique that— 
‘‘(A) improves stormwater discharge water 
quality; 
‘‘(B) attains preconstruction hydrology; 
‘‘(C) promotes infiltration of stormwater 
into groundwater; 
‘‘(D) recharges groundwater; 
‘‘(E) minimizes stream bank erosion;
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‘‘(F) promotes natural filters; 
‘‘(G) otherwise mitigates water quality im-
pacts of highway stormwater discharges, im-
proves surface water quality, or enhances 
groundwater recharge; or 
‘‘(H) reduces flooding caused by highway 
stormwater discharge. 
‘‘(3) FEDERAL-AID
HIGHWAY
AND
ASSOCIATED 
FACILITY.—The term ‘Federal-aid highway and asso-
ciated facility’ means— 
‘‘(A) a Federal-aid highway; or 
‘‘(B) a facility or land owned by a State (or 
political subdivision of a State) that is directly 
associated with the Federal-aid highway. 
‘‘(4) HIGHWAY STORMWATER DISCHARGE.—The 
term 
‘highway 
stormwater 
discharge’ 
means 
stormwater discharge from a Federal-aid highway, or 
a Federal-aid highway and associated facility, that 
was constructed before the date of enactment of this 
section. 
‘‘(5) HIGHWAY STORMWATER DISCHARGE MITI-
GATION.—The term ‘highway stormwater discharge 
mitigation’ means— 
‘‘(A) the reduction of water quality impacts 
of stormwater discharges from Federal-aid high-
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ways or Federal-aid highways and associated fa-
cilities; or 
‘‘(B) the enhancement of groundwater re-
charge from stormwater discharges from Federal- 
aid highways or Federal-aid highways and asso-
ciated facilities. 
‘‘(6) PROGRAM.—The term ‘program’ means the 
highway stormwater discharge mitigation program 
established under subsection (b). 
‘‘(b) ESTABLISHMENT.—The Secretary shall establish 
a highway stormwater discharge mitigation program— 
‘‘(1) to improve the quality of stormwater dis-
charge from Federal-aid highways or Federal-aid 
highways and associated facilities; and 
‘‘(2) to enhance groundwater recharge. 
‘‘(c) PRIORITY OF PROJECTS.—For projects funded 
from the allocation under section 133(d)(6), a State shall 
give priority to projects sponsored by a State or local gov-
ernment that assist the State or local government in com-
plying with the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.). 
‘‘(d) GUIDANCE.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Sec-
retary, in consultation with the Administrator, shall
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issue guidance to assist States in carrying out this 
section. 
‘‘(2) REQUIREMENTS FOR GUIDANCE.—The guid-
ance issued under paragraph (1) shall include infor-
mation concerning innovative technologies and non-
structural best management practices to mitigate 
highway stormwater discharges.’’. 
(c) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as 
amended by section 1601(b), is amended by inserting after 
the item relating to section 166 the following: 
‘‘167. Highway stormwater discharge mitigation program.’’. 
SEC. 1621. EXEMPTION FROM CERTAIN HAZARDOUS MATE-
RIALS TRANSPORTATION REQUIREMENTS. 
(a) DEFINITION OF ELIGIBLE PERSON.—In this sec-
tion, the term ‘‘eligible person’’ means an agricultural pro-
ducer that has gross agricultural commodity sales that do 
not exceed $500,000. 
(b) EXEMPTION.—Subject to subsection (c), part 172 
of title 49, Code of Federal Regulations, shall not apply to 
an eligible person that transports a fertilizer, pesticide, pro-
pane, gasoline, or diesel fuel for agricultural purposes, to 
the extent determined by the Secretary. 
(c) APPLICABILITY.—Subsection (b) applies to security 
plan requirements under subpart I of part 172 of title 49, 
Code of Federal Regulations (or a successor regulation).
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SEC. 1622. FUNDS FOR REBUILDING FISH STOCKS. 
Section 105 of the Miscellaneous Appropriations and 
Offsets Act, 2004 (Division H of the Consolidated Appro-
priations Act, 2004 (Public Law 108–199)) is repealed. 
Subtitle G—Operations 
SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND 
OPERATIONS. 
(a) SURFACE
TRANSPORTATION
PROGRAM
ELIGI-
BILITY.—Section 133(b) of title 23, United States Code (as 
amended by section 1601(a)(2)), is amended by adding at 
the end the following: 
‘‘(16) Regional transportation operations col-
laboration and coordination activities that are associ-
ated with regional improvements, such as traffic inci-
dent management, technology deployment, emergency 
management and response, traveler information, and 
regional congestion relief. 
‘‘(17) RUSH HOUR CONGESTION RELIEF.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a State may spend the funds appor-
tioned under this section to reduce traffic delays 
caused by motor vehicle accidents and break-
downs on highways during peak driving times. 
‘‘(B) USE OF FUNDS.—A State, metropoli-
tan planning organization, or local government 
may use the funds under subparagraph (A)—
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‘‘(i) to develop a region-wide coordi-
nated plan to mitigate traffic delays caused 
by motor vehicle accidents and breakdowns; 
‘‘(ii) to purchase or lease telecommuni-
cations equipment for first responders; 
‘‘(iii) to purchase or lease towing and 
recovery services; 
‘‘(iv) to pay contractors for towing and 
recovery; 
‘‘(v) to rent vehicle storage areas adja-
cent to roadways; 
‘‘(vi) to fund service patrols, equip-
ment, and operations; 
‘‘(vii) to purchase incident detection 
equipment; 
‘‘(viii) to carry out training.’’. 
(b) CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM ELIGIBILITY.—Section 149(b)(5) of 
title 23, United States Code, is amended by inserting ‘‘im-
prove transportation systems management and operations,’’ 
after ‘‘intersections,’’. 
(c) TRANSPORTATION SYSTEMS MANAGEMENT AND OP-
ERATIONS.— 
(1) IN GENERAL.—Subchapter I of chapter 1 of 
title 23, United States Code (as amended by section
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1620(b)), is amended by adding at the end the fol-
lowing: 
‘‘§ 168. Transportation systems management and oper-
ations 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
transportation systems management and operations pro-
gram to— 
‘‘(1) ensure efficient and effective transportation 
systems management and operations on Federal-aid 
highways through collaboration, coordination, and 
real-time information sharing at a regional and 
Statewide level among— 
‘‘(A) managers and operators of major 
modes of transportation; 
‘‘(B) public safety officials; and 
‘‘(C) the general public; and 
‘‘(2) manage and operate Federal-aid highways 
in a coordinated manner to preserve the capacity and 
maximize the performance of highway and transit fa-
cilities for travelers and carriers. 
‘‘(b) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—In carrying out the program 
under subsection (a), the Secretary may carry out ac-
tivities to—
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‘‘(A) encourage managers and operators of 
major modes of transportation, public safety offi-
cials, and transportation planners in urbanized 
areas that are responsible for conducting the 
day-to-day management, operations, public safe-
ty, and planning of transportation facilities and 
services to collaborate on and coordinate, on a 
regional level and in a continuous and sustained 
manner, improved transportation systems man-
agement and operations; and 
‘‘(B) encourage States to— 
‘‘(i) establish a system of basic real- 
time monitoring for the surface transpor-
tation system; and 
‘‘(ii) provide the means to share the 
data gathered under clause (i) among— 
‘‘(I) highway, transit, and public 
safety agencies; 
‘‘(II) 
jurisdictions 
(including 
States, cities, counties, and metropoli-
tan planning organizations); 
‘‘(III) private-sector entities; and 
‘‘(IV) the general public. 
‘‘(2) ACTIVITIES.—Activities to be carried out 
under paragraph (1) include—
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‘‘(A) developing a regional concept of oper-
ations that defines a regional strategy shared by 
all transportation and public safety participants 
with respect to the manner in which the trans-
portation systems of the region should be man-
aged, operated, and measured; 
‘‘(B) the sharing of information among op-
erators, service providers, public safety officials, 
and the general public; and 
‘‘(C) guiding, in a regionally-coordinated 
manner and in a manner consistent with and 
integrated into the metropolitan and statewide 
transportation planning processes and regional 
intelligent transportation system architecture, 
the implementation of regional transportation 
system management and operations initiatives, 
including— 
‘‘(i) emergency evacuation and re-
sponse; 
‘‘(ii) traffic incident management; 
‘‘(iii) technology deployment; and 
‘‘(iv) traveler information systems de-
livery. 
‘‘(c) COOPERATION.—In carrying out the program 
under subsection (a), the Secretary may assist and cooper-
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ate with other Federal agencies, State and local govern-
ments, metropolitan planning organizations, private indus-
try, and other interested parties to improve regional col-
laboration and real-time information sharing between man-
agers and operators of major modes of transportation, pub-
lic safety officials, emergency managers, and the general 
public to increase the security, safety, and reliability of 
Federal-aid highways. 
‘‘(d) GUIDANCE; REGULATIONS.— 
‘‘(1) IN GENERAL.—In carrying out the program 
under subsection (a), the Secretary may issue guid-
ance or promulgate regulations for the procurement of 
transportation system management and operations 
facilities, equipment, and services, including— 
‘‘(A) equipment procured in preparation for 
natural disasters, disasters caused by human ac-
tivity, and emergencies; 
‘‘(B) system hardware; 
‘‘(C) software; and 
‘‘(D) software integration services. 
‘‘(2) CONSIDERATIONS.—In developing the guid-
ance or regulations under paragraph (1), the Sec-
retary may consider innovative procurement methods 
that support the timely and streamlined execution of
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transportation system management and operations 
programs and projects. 
‘‘(3) FINANCIAL
ASSISTANCE.—The Secretary 
may authorize the use of funds made available under 
section 104(b)(3) to provide assistance for regional 
operations collaboration and coordination activities 
that are associated with regional improvements, such 
as— 
‘‘(A) traffic incident management; 
‘‘(B) technology deployment; 
‘‘(C) emergency management and response; 
‘‘(D) traveler information; and 
‘‘(E) congestion relief.’’. 
(2) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 1 of title 23, United States 
Code (as amended by section 1620(c)), is amended by 
adding at the end: 
‘‘168. Transportation systems management and operations.’’. 
SEC. 1702. REAL-TIME SYSTEM MANAGEMENT INFORMA-
TION PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1701(c)(1)), 
is amended by adding at the end the following:
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‘‘§ 169. Real-time system management information 
program 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
real-time system management information program to— 
‘‘(1) provide a nationwide system of basic real- 
time information for managing and operating the 
surface transportation system; 
‘‘(2)(A) identify long-range real-time highway 
and transit monitoring needs; and 
‘‘(B) develop plans and strategies for meeting 
those needs; 
‘‘(3) provide the capability and means to share 
the basic real-time information with State and local 
governments and the traveling public; and 
‘‘(4) provide the nationwide capability to mon-
itor, in real-time, the traffic and travel conditions of 
major highways in the United States, and to share 
that information with State and local governments 
and the traveling public, to— 
‘‘(A) improve the security of the surface 
transportation system; 
‘‘(B) address congestion problems; 
‘‘(C) support improved response to weather 
events; and 
‘‘(D) facilitate the distribution of national 
and regional traveler information.
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‘‘(b) DATA EXCHANGE FORMATS.—Not later than 1 
year after the date of enactment of this section, the Sec-
retary shall establish data exchange formats to ensure that 
the data provided by highway and transit monitoring sys-
tems (including statewide incident reporting systems) can 
readily be exchanged between jurisdictions to facilitate the 
nationwide availability of information on traffic and travel 
conditions. 
‘‘(c) STATEWIDE INCIDENT REPORTING SYSTEM.—Not 
later than 2 years after the date of enactment of this section, 
or not later than 5 years after the date of enactment of this 
section if the Secretary determines that adequate real-time 
communications capability will not be available within 2 
years after the date of enactment of this section, each State 
shall establish a statewide incident reporting system to fa-
cilitate the real-time electronic reporting of highway and 
transit incidents to a central location for use in— 
‘‘(1) monitoring an incident; 
‘‘(2) providing accurate traveler information on 
the incident; and 
‘‘(3) responding to the incident as appropriate. 
‘‘(d) REGIONAL ITS ARCHITECTURE.— 
‘‘(1) IN GENERAL.—In developing or updating 
regional intelligent transportation system architec-
tures under section 940.9 of title 23, Code of Federal
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Regulations (or any successor regulation), States and 
local governments shall address— 
‘‘(A) the real-time highway and transit in-
formation needs of the State or local government, 
including coverage, monitoring systems, data fu-
sion and archiving, and methods of exchanging 
or sharing information; and 
‘‘(B) the systems needed to meet those needs. 
‘‘(2) DATA EXCHANGE FORMATS.—In developing 
or updating regional intelligent transportation system 
architectures, States and local governments are en-
couraged to incorporate the data exchange formats de-
veloped by the Secretary under subsection (b) to en-
sure that the data provided by highway and transit 
monitoring systems can readily be— 
‘‘(A) exchanged between jurisdictions; and 
‘‘(B) shared with the traveling public. 
‘‘(e) ELIGIBLE FUNDING.—Subject to project approval 
by the Secretary, a State may— 
‘‘(1) use funds available to the State under sec-
tion 505(a) to carry out activities relating to the 
planning of real-time monitoring elements; and 
‘‘(2) use funds apportioned to the State under 
paragraphs (1) and (3) of section 104(b) to carry out
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activities relating to the planning and deployment of 
real-time monitoring elements.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as 
amended by section 1701(c)(2)), is amended adding at the 
end the following: 
‘‘169. Real-time system management information program.’’. 
SEC. 1703. CONTRACTING FOR ENGINEERING AND DESIGN 
SERVICES. 
Section 112(b)(2) of title 23, United States Code, is 
amended— 
(1) in subparagraph (A), by striking ‘‘title 40’’ 
and all that follows through the period and inserting 
‘‘title 40.’’; 
(2) by striking subparagraph (B); 
(3) by redesignating subparagraphs (C) through 
(F) as subparagraphs (B) through (E), respectively; 
and 
(4) by striking subparagraph (G). 
SEC. 1704. OFF-DUTY TIME FOR DRIVERS OF COMMERCIAL 
VEHICLES. 
Section 345(a)(2) of the National Highway System 
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 
613) is amended by adding at the end the following: ‘‘No 
additional off-duty time for a driver of such a vehicle shall 
be required in order for the driver to operate the vehicle.’’.
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SEC. 1705. DESIGNATION OF TRANSPORTATION MANAGE-
MENT AREAS. 
(a) FUNDING.—Section 134(d)(3)(C)(ii) of title 23, 
United States Code, is amended by striking subclause (II) 
and inserting the following: 
‘‘(II) FUNDING.—In addition to 
funds made available to the metropoli-
tan planning organization for the Lake 
Tahoe Region under this title and 
chapter 53 of title 49, 1 percent of all 
funds distributed under section 202 
shall be used to carry out the transpor-
tation planning process for the Lake 
Tahoe region under this subpara-
graph.’’. 
(b) SPECIAL DESIGNATION.—Section 134(i)(1) of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘(C) SPECIAL DESIGNATION.— 
‘‘(i) 
IN
GENERAL.—The 
urbanized 
areas of Oklahoma City, Oklahoma, and 
Norman, Oklahoma, shall be designated as 
a single transportation management area. 
‘‘(ii) ALLOCATION.—The allocation of 
funds to the Oklahoma City-Norman Trans-
portation Management Area designated
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under clause (i) shall be based on the aggre-
gate population of the 2 urbanized areas re-
ferred to in that clause, as determined by 
the Bureau of the Census.’’. 
Subtitle H—Federal-Aid 
Stewardship 
SEC. 1801. FUTURE INTERSTATE SYSTEM ROUTES. 
Section 103(c)(4)(B) of title 23, United States Code, 
is amended— 
(1) in clause (ii), by striking ‘‘12’’ and inserting 
‘‘25’’; and 
(2) in clause (iii)— 
(A) in subclause (I), by striking ‘‘in the 
agreement between the Secretary and the State 
or States’’; and 
(B) by adding at the end the following: 
‘‘(III) EXISTING AGREEMENTS.— 
An agreement described in clause (ii) 
that is entered into before the date of 
enactment of this subparagraph shall 
be deemed to include the 25-year time 
limitation described in that clause, re-
gardless of any earlier construction 
completion date in the agreement.’’.
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SEC. 1802. STEWARDSHIP AND OVERSIGHT. 
(a) IN GENERAL.—Section 106 of title 23, United 
States Code, is amended— 
(1) by striking subsection (e) and inserting the 
following: 
‘‘(e) VALUE ENGINEERING ANALYSIS.— 
‘‘(1) DEFINITION OF VALUE ENGINEERING ANAL-
YSIS.— 
‘‘(A) IN GENERAL.—In this subsection, the 
term ‘value engineering analysis’ means a sys-
tematic process of review and analysis of a 
project, during the concept and design phases, by 
a multidisciplined team of persons not involved 
in the project, that is conducted to provide rec-
ommendations such as those described in sub-
paragraph (B) for— 
‘‘(i) providing the needed functions 
safely, reliably, and at the lowest overall 
cost; and 
‘‘(ii) improving the value and quality 
of the project. 
‘‘(B) INCLUSIONS.—The recommendations 
referred to in subparagraph (A) include, with re-
spect to a project—
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‘‘(i) combining or eliminating other-
wise inefficient use of costly parts of the 
original proposed design for the project; and 
‘‘(ii) completely redesigning the project 
using different technologies, materials, or 
methods so as to accomplish the original 
purpose of the project. 
‘‘(2) ANALYSIS.—The State shall provide a value 
engineering analysis or other cost-reduction analysis 
for— 
‘‘(A) each project on the Federal-Aid System 
with an estimated total cost of $25,000,000 or 
more; 
‘‘(B) a bridge project with an estimated 
total cost of $20,000,000 or more; and 
‘‘(C) any other project the Secretary deter-
mines to be appropriate. 
‘‘(3) MAJOR PROJECTS.—The Secretary may re-
quire more than 1 analysis described in paragraph 
(2) for a major project described in subsection (h). 
‘‘(4) REQUIREMENTS.—Analyses described in 
paragraph (1) for a bridge project shall— 
‘‘(A) include bridge substructure require-
ments based on construction material; and 
‘‘(B) be evaluated—
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‘‘(i) on engineering and economic 
bases, taking into consideration acceptable 
designs for bridges; and 
‘‘(ii) using an analysis of life-cycle 
costs and duration of project construction.’’; 
and 
(2) by striking subsections (g) and (h) and in-
serting the following: 
‘‘(g) OVERSIGHT PROGRAM.— 
‘‘(1) PROGRAM.— 
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish an oversight program to monitor the ef-
fective and efficient use of funds made available 
under this title. 
‘‘(B) MINIMUM REQUIREMENTS.—At a min-
imum, the program shall monitor and respond to 
all areas relating to financial integrity and 
project delivery. 
‘‘(2) FINANCIAL INTEGRITY.— 
‘‘(A) FINANCIAL MANAGEMENT SYSTEMS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
perform annual reviews of the financial 
management systems of State transpor-
tation departments that affect projects ap-
proved under subsection (a).
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‘‘(ii) REVIEW AREAS.—In carrying out 
clause (i), the Secretary shall use risk as-
sessment procedures to identify areas to be 
reviewed. 
‘‘(B) 
PROJECT
COSTS.—The 
Secretary 
shall— 
‘‘(i) develop minimum standards for 
estimating project costs; and 
‘‘(ii) periodically evaluate practices of 
the States for— 
‘‘(I) estimating project costs; 
‘‘(II) awarding contracts; and 
‘‘(III) reducing project costs. 
‘‘(C) RESPONSIBILITY OF THE STATES.— 
‘‘(i) IN GENERAL.—Each State shall be 
responsible for ensuring that subrecipients 
of Federal funds within the State under this 
section have— 
‘‘(I) sufficient accounting controls 
to properly manage the Federal funds; 
and 
‘‘(II) adequate project delivery 
systems for projects approved under 
this section.
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‘‘(ii) REVIEW
BY
SECRETARY.—The 
Secretary shall periodically review moni-
toring by the States of those subrecipients. 
‘‘(3) PROJECT DELIVERY.—The Secretary shall— 
‘‘(A) perform annual reviews of the project 
delivery system of each State, including analysis 
of 1 or more activities that are involved in the 
life cycle of a project; and 
‘‘(B) employ risk assessment procedures to 
identify areas to be reviewed. 
‘‘(4) SPECIFIC OVERSIGHT RESPONSIBILITIES.— 
Nothing in this section discharges or otherwise affects 
any oversight responsibility of the Secretary— 
‘‘(A) specifically provided for under this 
title or other Federal law; or 
‘‘(B) for the design and construction of all 
Appalachian development highways under sec-
tion 14501 of title 40 or section 170 of this title. 
‘‘(h) MAJOR PROJECTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, a recipient of Federal finan-
cial assistance for a project under this title with an 
estimated total cost of $1,000,000,000 or more, and 
recipients for such other projects as may be identified
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by the Secretary, shall submit to the Secretary for 
each project— 
‘‘(A) a project management plan; and 
‘‘(B) an annual financial plan. 
‘‘(2) PROJECT
MANAGEMENT
PLAN.—A project 
management plan shall document— 
‘‘(A) the procedures and processes that are 
in effect to provide timely information to the 
project decisionmakers to effectively manage the 
scope, costs, schedules, and quality of, and the 
Federal requirements applicable to, the project; 
and 
‘‘(B) the role of the agency leadership and 
management team in the delivery of the project. 
‘‘(3) FINANCIAL PLAN.—A financial plan shall— 
‘‘(A) be based on detailed estimates of the 
cost to complete the project; and 
‘‘(B) provide for the annual submission of 
updates to the Secretary that are based on rea-
sonable assumptions, as determined by the Sec-
retary, of future increases in the cost to complete 
the project. 
‘‘(i) OTHER PROJECTS.—A recipient of Federal finan-
cial assistance for a project under this title that receives 
$100,000,000 or more in Federal assistance for the project,
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and that is not covered by subsection (h), shall prepare, and 
make available to the Secretary at the request of the Sec-
retary, an annual financial plan for the project.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 114(a) of title 23, United States 
Code, is amended— 
(A) in the first sentence by striking ‘‘high-
ways or portions of highways located on a Fed-
eral-aid system’’ and inserting ‘‘Federal-aid 
highway or a portion of a Federal-aid highway’’; 
and 
(B) by striking the second sentence and in-
serting ‘‘The Secretary shall have the right to 
conduct such inspections and take such corrective 
action as the Secretary determines to be appro-
priate.’’. 
(2) Section 117 of title 23, United States Code, 
is amended— 
(A) by striking subsection (d); and 
(B) by redesignating subsections (e) through 
(h) as subsections (d) through (g), respectively. 
(c) CONTRACTOR SUSPENSION AND DEBARMENT POL-
ICY; SHARING FRAUD MONETARY RECOVERIES.— 
(1) IN
GENERAL.—Section 307 of title 49, 
United States Code, is amended to read as follows:
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‘‘§ 307. Contractor suspension and debarment policy; 
sharing fraud monetary recoveries 
‘‘(a) MANDATORY ENFORCEMENT POLICY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary— 
‘‘(A) shall debar any contractor or subcon-
tractor convicted of a criminal or civil offense 
involving fraud relating to a project receiving 
Federal highway or transit funds for such period 
as the Secretary determines to be appropriate; 
and 
‘‘(B) subject to approval by the Attorney 
General— 
‘‘(i) except as provided in paragraph 
(2), shall suspend any contractor or subcon-
tractor upon indictment for criminal or 
civil offenses involving fraud; and 
‘‘(ii) may exclude nonaffiliated sub-
sidiaries of a debarred business entity. 
‘‘(2) NATIONAL
SECURITY
EXCEPTION.—If the 
Secretary finds that mandatory debarment or suspen-
sion of a contractor or subcontractor under paragraph 
(1) would be contrary to the national security of the 
United States, the Secretary— 
‘‘(A) may waive the debarment or suspen-
sion; and
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‘‘(B) in the instance of each waiver, shall 
provide notification to Congress of the waiver 
with appropriate details. 
‘‘(b) SHARING OF MONETARY RECOVERIES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law— 
‘‘(A) monetary judgments accruing to the 
Federal Government from judgments in Federal 
criminal prosecutions and civil judgments per-
taining to fraud in highway and transit pro-
grams shall be shared with the State or local 
transit agency involved; and 
‘‘(B) the State or local transit agency shall 
use the funds for transportation infrastructure 
and oversight activities relating to programs au-
thorized under title 23 and this title. 
‘‘(2) AMOUNT.—The amount of recovered funds 
to be shared with an affected State or local transit 
agency shall be— 
‘‘(A) determined by the Attorney General, 
in consultation with the Secretary; and 
‘‘(B) considered to be Federal funds to be 
used in compliance with other relevant Federal 
transportation laws (including regulations).
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‘‘(3) FRAUDULENT
ACTIVITY.—Paragraph (1) 
shall not apply in any case in which a State or local 
transit agency is found by the Attorney General, in 
consultation with the Secretary, to have been involved 
or negligent with respect to the fraudulent activities.’’. 
(2) CONFORMING AMENDMENT.—The analysis for 
chapter 3 of title 49, United States Code, is amended 
by striking the item relating to section 307 and in-
serting the following: 
‘‘307. Contractor suspension and debarment policy; sharing fraud monetary recov-
eries.’’. 
SEC. 1803. DESIGN-BUILD CONTRACTING. 
Section 112(b)(3) of title 23, United States Code, is 
amended by striking subparagraph (C) and inserting the 
following: 
‘‘(C) QUALIFIED
PROJECTS.—A qualified 
project referred to in subparagraph (A) is a 
project under this chapter (including intermodal 
projects) for which the Secretary has approved 
the use of design-build contracting under criteria 
specified in regulations promulgated by the Sec-
retary.’’. 
SEC. 1804. PROGRAM EFFICIENCIES—FINANCE. 
(a) ADVANCE CONSTRUCTION.—Section 115 of title 23, 
United States Code, is amended—
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(1) by redesignating subsection (c) as subsection 
(d); 
(2) 
by 
redesignating 
subsections 
(a)(2), 
(a)(2)(A), and (a)(2)(B) as subsections (c), (c)(1), 
and (c)(2), respectively, and indenting appropriately; 
(3) by striking ‘‘(a) CONGESTION’’ and all that 
follows through subsection (a)(1)(B); 
(4) by striking subsection (b); and 
(5) by inserting after the section heading the fol-
lowing: 
‘‘(a) IN GENERAL.—The Secretary may authorize a 
State to proceed with a project authorized under this title— 
‘‘(1) without the use of Federal funds; and 
‘‘(2) in accordance with all procedures and re-
quirements applicable to the project other than those 
procedures and requirements that limit the State to 
implementation of a project— 
‘‘(A) with the aid of Federal funds pre-
viously apportioned or allocated to the State; or 
‘‘(B) with obligation authority previously 
allocated to the State. 
‘‘(b) OBLIGATION
OF FEDERAL SHARE.—The Sec-
retary, on the request of a State and execution of a project 
agreement, may obligate all or a portion of the Federal
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share of the project authorized under this section from any 
category of funds for which the project is eligible.’’. 
(b) OBLIGATION AND RELEASE OF FUNDS.—Section 
118 of title 23, United States Code, is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) OBLIGATION AND RELEASE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds apportioned or allo-
cated to a State for a particular purpose for any fis-
cal year shall be considered to be obligated if a sum 
equal to the total of the funds apportioned or allo-
cated to the State for that purpose for that fiscal year 
and previous fiscal years is obligated. 
‘‘(2) RELEASED FUNDS.—Any funds released by 
the final payment for a project, or by modifying the 
project agreement for a project, shall be— 
‘‘(A) credited to the same class of funds pre-
viously apportioned or allocated to the State; 
and 
‘‘(B) immediately available for obligation. 
‘‘(3) NET
OBLIGATIONS.—Notwithstanding any 
other provision of law (including a regulation), obli-
gations recorded against funds made available under 
this section shall be recorded and reported as net obli-
gations.’’.
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SEC. 1805. SET-ASIDES FOR INTERSTATE DISCRETIONARY 
PROJECTS. 
Section 118(c)(1) of title 23, United States Code, is 
amended— 
(1) by striking ‘‘$50,000,000’’ and all that 
follows 
through 
‘‘2003’’ 
and 
inserting 
‘‘$100,000,000 for each of fiscal years 2004 
through 2009’’; and 
(2) by striking ‘‘Transportation Equity Act 
for the 21st Century’’ and inserting ‘‘Safe, Ac-
countable, Flexible, and Efficient Transportation 
Equity Act of 2004’’. 
SEC. 1806. FEDERAL LANDS HIGHWAYS PROGRAM. 
(a) FEDERAL SHARE PAYABLE.— 
(1) IN
GENERAL.—Section 120(k) of title 23, 
United States Code, is amended— 
(A) by striking ‘‘Federal-aid highway’’; and 
(B) by striking ‘‘section 104’’ and inserting 
‘‘this title or chapter 53 of title 49’’. 
(2) TECHNICAL REFERENCES.—Section 120(l) of 
title 23, United States Code, is amended by striking 
‘‘section 104’’ and inserting ‘‘this title or chapter 53 
of title 49’’. 
(b) PAYMENTS TO FEDERAL AGENCIES FOR FEDERAL- 
AID PROJECTS.—Section 132 of title 23, United States 
Code, is amended—
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(1) by striking the first 2 sentences and inserting 
the following: 
‘‘(a) IN GENERAL.—In a case in which a proposed 
Federal-aid project is to be undertaken by a Federal agency 
in accordance with an agreement between a State and the 
Federal agency, the State may— 
‘‘(1) direct the Secretary to transfer the funds for 
the Federal share of the project directly to the Federal 
agency; or 
‘‘(2) make such deposit with, or payment to, the 
Federal agency as is required to meet the obligation 
of the State under the agreement for the work under-
taken or to be undertaken by the Federal agency. 
‘‘(b) REIMBURSEMENT.—On execution of a project 
agreement with a State described in subsection (a), the Sec-
retary may reimburse the State, using any available funds, 
for the estimated Federal share under this title of the obliga-
tion of the State deposited or paid under subsection 
(a)(2).’’; and 
(2) in the last sentence, by striking ‘‘Any sums’’ 
and inserting the following: 
‘‘(c) RECOVERY
AND CREDITING
OF FUNDS.—Any 
sums’’. 
(c) ALLOCATIONS.—Section 202 of title 23, United 
States Code, is amended—
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(1) in subsection (a), by striking ‘‘(a) On Octo-
ber 1’’ and all that follows through ‘‘Such allocation’’ 
and inserting the following: 
‘‘(a) ALLOCATION BASED ON NEED.— 
‘‘(1) IN GENERAL.—On October 1 of each fiscal 
year, the Secretary shall allocate sums authorized to 
be appropriated for the fiscal year for forest develop-
ment roads and trails according to the relative needs 
of the various national forests and grasslands. 
‘‘(2) PLANNING.—The allocation under para-
graph (1)’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) ALLOCATION FOR PUBLIC LANDS HIGHWAYS.— 
‘‘(1) PUBLIC LANDS HIGHWAYS.— 
‘‘(A) IN GENERAL.—On October 1 of each 
fiscal year, the Secretary shall allocate 331⁄3 per-
cent of the sums authorized to be appropriated 
for that fiscal year for public lands highways 
among those States having unappropriated or 
unreserved public lands, or nontaxable Indian 
lands or other Federal reservations, on the basis 
of need in the States, respectively, as determined 
by the Secretary, on application of the State
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transportation departments of the respective 
States. 
‘‘(B) PREFERENCE.—In making the alloca-
tion under subparagraph (A), the Secretary shall 
give preference to those projects that are signifi-
cantly impacted by Federal land and resource 
management activities that are proposed by a 
State that contains at least 3 percent of the total 
public land in the United States. 
‘‘(2) FOREST HIGHWAYS.— 
‘‘(A) IN GENERAL.—On October 1 of each 
fiscal year, the Secretary shall allocate 662⁄3 per-
cent of the funds authorized to be appropriated 
for public lands highways for forest highways in 
accordance with section 134 of the Federal-Aid 
Highway Act of 1987 (23 U.S.C. 202 note; 101 
Stat. 173). 
‘‘(B) PUBLIC ACCESS TO AND WITHIN NA-
TIONAL FOREST SYSTEM.—In making the alloca-
tion under subparagraph (A), the Secretary shall 
give equal consideration to projects that provide 
access to and within the National Forest System, 
as identified by the Secretary of Agriculture 
through—
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‘‘(i) renewable resource and land use 
planning; and 
‘‘(ii) assessments of the impact of that 
planning on transportation facilities.’’; 
(3) in subsection (c)— 
(A) by striking ‘‘(c) On’’ and inserting the 
following: 
‘‘(c) PARK ROADS AND PARKWAYS.— 
‘‘(1) IN GENERAL.—On’’; and 
(B) by adding at the end the following: 
‘‘(2) PRIORITY.— 
‘‘(A) DEFINITION OF QUALIFYING NATIONAL 
PARK.—In this paragraph, the term ‘‘qualifying 
national park’’ means a National Park that is 
used more than 1,000,000 recreational visitor 
days per year, based on an average of the 3 most 
recent years of available data from the National 
Park Service. 
‘‘(B) 
PRIORITY.—Notwithstanding 
any 
other provision of law, with respect to funds au-
thorized for park roads and parkways, the Sec-
retary shall give priority in the allocation of 
funds to projects for highways that— 
‘‘(i) are located in, or provide access 
to, a qualifying National Park; and
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‘‘(ii) were initially constructed before 
1940. 
‘‘(C) PRIORITY CONFLICTS.—If there is a 
conflict between projects described in subpara-
graph (B), the Secretary shall give highest pri-
ority to projects that— 
‘‘(i) are in, or that provide access to, 
parks that are adjacent to a National Park 
of a foreign country; or 
‘‘(ii) are located in more than 1 
State;’’; 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) in the paragraph heading, by strik-
ing ‘‘1999’’ and inserting ‘‘2005’’; and 
(ii) by striking ‘‘1999’’ and inserting 
‘‘2005’’; 
(B) in paragraph (2)— 
(i) in the paragraph heading, by strik-
ing ‘‘2000’’ and inserting ‘‘2005’’; 
(ii) in subparagraphs (A), (B), and 
(D), by striking ‘‘2000’’ each place it ap-
pears and inserting ‘‘2005’’;
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(iii) in subparagraph (B), by striking 
‘‘1999’’ each place it appears and inserting 
‘‘2004’’; and 
(iv) by adding at the end the following: 
‘‘(E) TRANSFERRED FUNDS.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the date on which funds are 
made available to the Secretary of the Inte-
rior under this paragraph, the funds shall 
be distributed to, and available for imme-
diate use by, the eligible Indian tribes, in 
accordance with the formula applicable for 
each fiscal year. 
‘‘(ii) FORMULA.—If the Secretary of 
the Interior has not promulgated final regu-
lations for the distribution of funds under 
clause (i) for a fiscal year by the date on 
which the funds for the fiscal year are re-
quired to be distributed under that clause, 
the Secretary of the Interior shall distribute 
the funds under clause (i) in accordance 
with the applicable funding formula for the 
preceding year. 
‘‘(iii) 
USE
OF
FUNDS.—Notwith-
standing any other provision of this section,
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funds available to Indian tribes for Indian 
reservation roads shall be expended on 
projects identified in a transportation im-
provement program approved by the Sec-
retary.’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘under this title’’ and inserting ‘‘under this 
chapter and section 125(e)’’; and 
(ii) by adding at the end the following: 
‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM 
DEMONSTRATION PROJECT.— 
‘‘(i) IN GENERAL.—The Secretary shall 
establish a demonstration project under 
which all funds made available under this 
chapter for Indian reservation roads and 
for highway bridges located on Indian res-
ervation roads as provided for in subpara-
graph (A) shall be made available, on the 
request of an affected Indian tribal govern-
ment, to the Indian tribal government for 
use in carrying out, in accordance with the 
Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b et seq.), con-
tracts and agreements for the planning, re-
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search, engineering, and construction de-
scribed in that subparagraph. 
‘‘(ii) EXCLUSION OF AGENCY PARTICI-
PATION.—In accordance with subparagraph 
(B), all funds for Indian reservation roads 
and for highway bridges located on Indian 
reservation roads to which clause (i) applies 
shall be paid without regard to the organi-
zational level at which the Federal lands 
highway program has previously carried 
out the programs, functions, services, or ac-
tivities involved. 
‘‘(iii) SELECTION
OF
PARTICIPATING 
TRIBES.— 
‘‘(I) PARTICIPANTS.— 
‘‘(aa) IN GENERAL.—In ad-
dition to Indian tribes or tribal 
organizations that, as of the date 
of enactment of this subpara-
graph, are contracting or com-
pacting for any Indian reserva-
tion road function or program, for 
each fiscal year, the Secretary 
may select up to 15 Indian tribes 
from the applicant pool described
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in subclause (II) to participate in 
the demonstration project carried 
out under clause (i). 
‘‘(bb) CONSORTIA.—Two or 
more Indian tribes that are other-
wise eligible to participate in a 
program or activity to which this 
title applies may form a consor-
tium to be considered as a single 
Indian tribe for the purpose of be-
coming part of the applicant pool 
under subclause (II). 
‘‘(cc) FUNDING.—An Indian 
tribe participating in the pilot 
program under this subparagraph 
shall 
receive 
funding 
in 
an 
amount equal to the sum of the 
funding that the Indian tribe 
would otherwise receive in accord-
ance with the funding formula es-
tablished under the other provi-
sions of this subsection, and an 
additional 
percentage 
of 
that 
amount equal to the percentage of 
funds withheld during the appli-
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cable fiscal year for the road pro-
gram management costs of the 
Bureau of Indian Affairs under 
subsection (f)(1). 
‘‘(II) APPLICANT POOL.—The ap-
plicant pool described in this subclause 
shall consist of each Indian tribe (or 
consortium) that— 
‘‘(aa) has successfully com-
pleted the planning phase de-
scribed in subclause (IV); 
‘‘(bb) has requested partici-
pation 
in 
the 
demonstration 
project under this subparagraph 
through the adoption of a resolu-
tion or other official action by the 
tribal governing body; and 
‘‘(cc) has demonstrated fi-
nancial stability and financial 
management capability in accord-
ance with subclause (III) during 
the 3-fiscal-year period imme-
diately preceding the fiscal year 
for which participation under this 
subparagraph is being requested.
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‘‘(III) 
CRITERIA
FOR
DETER-
MINING FINANCIAL STABILITY AND FI-
NANCIAL MANAGEMENT CAPACITY.—For 
the purpose of subclause (II), evidence 
that, during the 3-year period referred 
to in subclause (II)(cc), an Indian 
tribe had no uncorrected significant 
and material audit exceptions in the 
required annual audit of the Indian 
tribe’s self-determination contracts or 
self-governance 
funding 
agreements 
with any Federal agency shall be con-
clusive evidence of the required sta-
bility and capability. 
‘‘(IV) PLANNING PHASE.— 
‘‘(aa) IN GENERAL.—An In-
dian tribe (or consortium) re-
questing participation in the dem-
onstration project under this sub-
paragraph shall complete a plan-
ning phase that shall include legal 
and budgetary research and inter-
nal tribal government and organi-
zation preparation.
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‘‘(bb) ELIGIBILITY.—An In-
dian tribe (or consortium) de-
scribed in item (aa) shall be eligi-
ble to receive a grant under this 
subclause to plan and negotiate 
participation in a project de-
scribed in that item. 
‘‘(V) REPORT TO CONGRESS.—Not 
later than September 30, 2006, the Sec-
retary shall submit to Congress a re-
port describing the implementation of 
the demonstration project and any rec-
ommendations 
for 
improving 
the 
project.’’; and 
(D) in paragraph (4)— 
(i) in subparagraph (B)— 
(I) by striking ‘‘(B) RESERVA-
TION.—Of the amounts’’ and all that 
follows through ‘‘to replace,’’ and in-
serting the following: 
‘‘(B) FUNDING.— 
‘‘(i) AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to any other funds 
made available for Indian reservation roads 
for each fiscal year, there is authorized to be
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appropriated from the Highway Trust 
Fund (other than the Mass Transit Ac-
count) $15,000,000 for each of fiscal years 
2004 through 2009 to carry out planning, 
design, engineering, preconstruction, con-
struction, and inspection of projects to re-
place,’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(ii) 
AVAILABILITY.—Funds 
made 
available to carry out this subparagraph 
shall be available for obligation in the same 
manner as if the funds were apportioned 
under chapter 1.’’; and 
(ii) by striking subparagraph (D) and 
inserting the following: 
‘‘(D) APPROVAL REQUIREMENT.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), on request by an Indian tribe or the 
Secretary of the Interior, the Secretary may 
make funds available under this subsection 
for preliminary engineering for Indian res-
ervation road bridge projects. 
‘‘(ii) CONSTRUCTION
AND
CONSTRUC-
TION
ENGINEERING.—The Secretary may
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make funds available under clause (i) for 
construction and construction engineering 
only after approval by the Secretary of ap-
plicable plans, specifications, and esti-
mates.’’; and 
(5) by adding at the end the following: 
‘‘(f) ADMINISTRATION
OF
INDIAN
RESERVATION 
ROADS.— 
‘‘(1) CONTRACT
AUTHORITY.—Notwithstanding 
any other provision of law, for any fiscal year, not 
more than 6 percent of the contract authority 
amounts made available from the Highway Trust 
Fund to the Bureau of Indian Affairs under this title 
shall be used to pay the expenses incurred by the Bu-
reau in administering the Indian reservation roads 
program (including the administrative expenses relat-
ing to individual projects associated with the Indian 
reservation roads program). 
‘‘(2) HEALTH AND SAFETY ASSURANCES.—Not-
withstanding any other provision of law, an Indian 
tribe or tribal organization may commence road and 
bridge construction under the Transportation Equity 
Act for the 21st Century (Public Law 105-178) or the 
Safe, Accountable, Flexible, and Efficient Transpor-
tation Equity Act of 2004 that is funded through a
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contract or agreement under the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
450b et seq.) if the Indian tribe or tribal organiza-
tion— 
‘‘(A) provides assurances in the contract or 
agreement that the construction will meet or ex-
ceed applicable health and safety standards; 
‘‘(B) obtains the advance review of the 
plans and specifications from a licensed profes-
sional that has certified that the plans and speci-
fications meet or exceed the applicable health 
and safety standards; and 
‘‘(C) provides a copy of the certification 
under subparagraph (B) to the Assistant Sec-
retary for Indian Affairs.’’. 
(d) PLANNING AND AGENCY COORDINATION.—Section 
204 of title 23, United States Code, is amended— 
(1) in subsection (a)(1), by inserting ‘‘refuge 
roads, recreation roads,’’ after ‘‘parkways,’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds available for public 
lands highways, recreation roads, park roads and 
parkways, forest highways, and Indian reservation
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roads shall be used by the Secretary and the Secretary 
of the appropriate Federal land management agency 
to pay the cost of transportation planning, research, 
engineering, operation and maintenance of transit fa-
cilities, and construction of the highways, roads, 
parkways, forest highways, and transit facilities lo-
cated on public land, national parks, and Indian res-
ervations. 
‘‘(2) CONTRACT.—In connection with an activity 
described in paragraph (1), the Secretary and the 
Secretary of the appropriate Federal land manage-
ment agency may enter into a construction contract 
or other appropriate agreement with— 
‘‘(A) a State (including a political subdivi-
sion of a State); or 
‘‘(B) an Indian tribe. 
‘‘(3) INDIAN RESERVATION ROADS.—In the case 
of an Indian reservation road— 
‘‘(A) Indian labor may be used, in accord-
ance with such rules and regulations as may be 
promulgated by the Secretary of the Interior, to 
carry out any construction or other activity de-
scribed in paragraph (1); and 
‘‘(B) funds made available to carry out this 
section 
may 
be 
used 
to 
pay 
bridge
331 
HR 3550 EAS 
preconstruction costs (including planning, de-
sign, and engineering). 
‘‘(4) FEDERAL EMPLOYMENT.—No maximum on 
Federal employment shall be applicable to construc-
tion or improvement of Indian reservation roads. 
‘‘(5) AVAILABILITY OF FUNDS.—Funds available 
under this section for each class of Federal lands 
highway shall be available for any kind of transpor-
tation project eligible for assistance under this title 
that is within or adjacent to, or that provides access 
to, the areas served by the particular class of Federal 
lands highway. 
‘‘(6) RESERVATION OF FUNDS.—The Secretary of 
the Interior may reserve funds from administrative 
funds of the Bureau of Indian Affairs that are associ-
ated with the Indian reservation road program to fi-
nance the Indian technical centers authorized under 
section 504(b).’’; and 
(3) in subsection (k)(1)— 
(A) in subparagraph (B)— 
(i) by striking ‘‘(2), (5),’’ and inserting 
‘‘(2), (3), (5),’’; and 
(ii) by striking ‘‘and’’ after the semi-
colon;
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HR 3550 EAS 
(B) in subparagraph (C), by striking the 
period at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(D) maintenance of public roads in na-
tional fish hatcheries under the jurisdiction of 
the United States Fish and Wildlife Service; 
‘‘(E) the non-Federal share of the cost of 
any project funded under this title or chapter 53 
of title 49 that provides access to or within a 
wildlife refuge; and 
‘‘(F) maintenance and improvement of rec-
reational trails (except that expenditures on 
trails under this subparagraph shall not exceed 
5 percent of available funds for each fiscal 
year).’’. 
(e) MAINTENANCE OF INDIAN RESERVATION ROADS.— 
Section 204(c) of title 23, United States Code, is amended 
by striking the second and third sentences and inserting the 
following: ‘‘Notwithstanding any other provision of this 
title, of the amount of funds apportioned for Indian reserva-
tion roads from the Highway Trust Fund, an Indian tribe 
may expend for the purpose of maintenance not more than 
the greater of $250,000 or 25 percent of the apportioned 
amount. The Bureau of Indian Affairs shall continue to re-
tain primary responsibility, including annual funding re-
333 
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quest responsibility, for road maintenance programs on In-
dian reservations. The Secretary shall ensure that funding 
made available under this subsection for maintenance of In-
dian reservation roads for each fiscal year is supplementary 
to and not in lieu of any obligation of funds by the Bureau 
of Indian Affairs for road maintenance programs on Indian 
reservations.’’. 
(e) SAFETY.— 
(1) ALLOCATIONS.—Section 202 of title 23, 
United States Code (as amended by subsection (c)(5)), 
is amended by adding at the end the following: 
‘‘(g) SAFETY.—Subject to paragraph (2), on October 
1 of each fiscal year, the Secretary shall allocate the sums 
authorized to be appropriated for the fiscal year for safety 
as follows: 
‘‘(1) 12 percent to the Bureau of Reclamation. 
‘‘(2) 18 percent to the Bureau of Indian Affairs. 
‘‘(3) 17 percent to the Bureau of Land Manage-
ment. 
‘‘(4) 17 percent to the Forest Service. 
‘‘(5) 7 percent to the United States Fish and 
Wildlife Service. 
‘‘(6) 17 percent to the National Park Service. 
‘‘(7) 12 percent to the Corps of Engineers.’’.
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(2) AVAILABILITY
OF
FUNDS.—Section 203 of 
title 23, United States Code, is amended by inserting 
‘‘safety projects or activities,’’ after ‘‘refuge roads,’’ 
each place it appears. 
(3) USE OF FUNDING.—Section 204 of title 23, 
United States Code, is amended by adding at the end 
the following: 
‘‘(l) SAFETY ACTIVITIES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this title, funds made available for safety 
under this title shall be used by the Secretary and the 
head of the appropriate Federal land management 
agency only to pay the costs of carrying out— 
‘‘(A) transportation safety improvement ac-
tivities; 
‘‘(B) activities to eliminate high-accident 
locations; 
‘‘(C) projects to implement protective meas-
ures at, or eliminate, at-grade railway-highway 
crossings; 
‘‘(D) collection of safety information; 
‘‘(E) transportation planning projects or 
activities; 
‘‘(F) bridge inspection;
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HR 3550 EAS 
‘‘(G) development and operation of safety 
management systems; 
‘‘(H) highway safety education programs; 
and 
‘‘(I) other eligible safety projects and activi-
ties authorized under chapter 4. 
‘‘(2) CONTRACTS.—In carrying out paragraph 
(1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter 
into contracts or agreements with— 
‘‘(A) a State; 
‘‘(B) a political subdivision of a State; or 
‘‘(C) an Indian tribe. 
‘‘(3) EXCEPTION.—The cost sharing requirements 
under the Federal Water Project Recreation Act (16 
U.S.C. 460l–12 et seq.) shall not apply to funds made 
available to the Bureau of Reclamation under this 
subsection.’’. 
(f) RECREATION ROADS.— 
(1) AUTHORIZATIONS.—Section 201 of title 23, 
United States Code, is amended in the first sentence 
by inserting ‘‘recreation roads,’’ after ‘‘public lands 
highways,’’.
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HR 3550 EAS 
(2) ALLOCATIONS.—Section 202 of title 23, 
United States Code (as amended by subsection (e)(1)), 
is amended by adding at the end the following: 
‘‘(h) RECREATION ROADS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), on October 1 of each fiscal year, the Sec-
retary, after completing the transfer under subsection 
204(i), shall allocate the sums authorized to be appro-
priated for the fiscal year for recreation roads as fol-
lows: 
‘‘(A) 8 percent to the Bureau of Reclama-
tion. 
‘‘(B) 9 percent to the Corps of Engineers. 
‘‘(C) 13 percent to the Bureau of Land 
Management. 
‘‘(D) 70 percent to the Forest Service. 
‘‘(2) ALLOCATION
WITHIN
AGENCIES.—Recre-
ation road funds allocated to a Federal agency under 
paragraph (1) shall be allocated for projects and ac-
tivities of the Federal agency according to the relative 
needs of each area served by recreation roads under 
the jurisdiction of the Federal agency, as indicated in 
the approved transportation improvement program 
for each Federal agency.’’.
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(3) AVAILABILITY
OF
FUNDS.—Section 203 of 
title 23, United States Code, is amended— 
(A) in the first sentence, by inserting 
‘‘recreation roads,’’ after ‘‘Indian reservation 
roads,’’; and 
(B) in the fourth sentence, by inserting ‘‘, 
recreation roads,’’ after ‘‘Indian roads’’. 
(4) USE OF FUNDING.—Section 204 of title 23, 
United States Code (as amended by subsection (e)(3)), 
is amended by adding at the end the following: 
‘‘(m) RECREATION ROADS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this title, funds made available for recre-
ation roads under this title shall be used by the Sec-
retary and the Secretary of the appropriate Federal 
land management agency only to pay the cost of— 
‘‘(A) maintenance or improvements of exist-
ing recreation roads; 
‘‘(B) maintenance and improvements of eli-
gible projects described in paragraph (1), (2), 
(3), (5), or (6) of subsection (h) that are located 
in or adjacent to Federal land under the juris-
diction of— 
‘‘(i) the Department of Agriculture; or 
‘‘(ii) the Department of the Interior;
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HR 3550 EAS 
‘‘(C) transportation planning and adminis-
trative activities associated with those mainte-
nance and improvements; and 
‘‘(D) the non-Federal share of the cost of 
any project funded under this title or chapter 53 
of title 49 that provides access to or within Fed-
eral land described in subparagraph (B). 
‘‘(2) CONTRACTS.—In carrying out paragraph 
(1), the Secretary and the Secretary of the appro-
priate Federal land management agency may enter 
into contracts or agreements with— 
‘‘(A) a State; 
‘‘(B) a political subdivision of a State; or 
‘‘(C) an Indian tribe. 
‘‘(3) NEW
ROADS.—No funds made available 
under this section shall be used to pay the cost of the 
design or construction of new recreation roads. 
‘‘(4) COMPLIANCE WITH OTHER ENVIRONMENTAL 
LAWS.—A maintenance or improvement project that 
is funded under this subsection, and that is consistent 
with or has been identified in a land use plan for an 
area under the jurisdiction of a Federal agency, shall 
not require any additional environmental reviews or 
assessments under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) if—
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‘‘(A) the Federal agency that promulgated 
the land use plan analyzed the specific proposal 
for the maintenance or improvement project 
under that Act; and 
‘‘(B) as of the date on which the funds are 
to be expended, there are— 
‘‘(i) no significant changes to the pro-
posal bearing on environmental concerns; 
and 
‘‘(ii) no significant new information. 
‘‘(5) EXCEPTION.—The cost sharing requirements 
under the Federal Water Project Recreation Act (16 
U.S.C. 460l–12 et seq.) shall not apply to funds made 
available to the Bureau of Reclamation under this 
subsection.’’. 
(g) CONFORMING AMENDMENTS.— 
(1) Sections 120(e) and 125(e) of title 23, United 
States Code, are amended by striking ‘‘public lands 
highways,’’ each place it appears and inserting ‘‘pub-
lic lands highways, recreation roads,’’. 
(2) Sections 120(e), 125(e), 201, 202(a), and 203 
of title 23, United States Code, are amended by strik-
ing ‘‘forest development roads’’ each place it appears 
and inserting ‘‘National Forest System roads’’.
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HR 3550 EAS 
(3) Section 202(e) of title 23, United States 
Code, is amended by striking ‘‘Refuge System,’’ and 
inserting ‘‘Refuge System and the various national 
fish hatcheries,’’. 
(4) Section 204 of title 23, United States Code, 
is amended— 
(A) in subsection (a)(1), by striking ‘‘public 
lands highways,’’ and inserting ‘‘public lands 
highways, recreation roads, forest highways,’’; 
and 
(B) in subsection (i), by striking ‘‘public 
lands highways’’ each place it appears and in-
serting ‘‘public lands highways, recreation roads, 
and forest highways’’. 
(5) Section 205 of title 23, United States Code, 
is amended— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 205. National Forest System roads and trails’’; 
and 
(B) in subsections (a) and (d), by striking 
‘‘forest development roads’’ each place it appears 
and inserting ‘‘National Forest System roads’’.
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HR 3550 EAS 
(6) The analysis for chapter 2 of title 23, United 
States Code, is amended by striking the item relating 
to section 205 and inserting the following: 
‘‘205. National Forest System roads and trails.’’. 
(7) Section 217(c) of title 23, United States 
Code, is amended by inserting ‘‘refuge roads,’’ after 
‘‘Indian reservation roads,’’. 
SEC. 1807. HIGHWAY BRIDGE PROGRAM. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
(1) by striking the section heading and all that 
follows through subsection (a) and inserting the fol-
lowing: 
‘‘§ 144. Highway bridge program 
‘‘(a) CONGRESSIONAL STATEMENT.—Congress finds 
and declares that it is in the vital interest of the United 
States that a highway bridge program be established to en-
able States to improve the condition of their bridges through 
replacement, rehabilitation, and systematic preventative 
maintenance on highway bridges over waterways, other top-
ographical barriers, other highways, or railroads at any 
time at which the States and the Secretary determine that 
a bridge is unsafe because of structural deficiencies, phys-
ical deterioration, or functional obsolescence.’’; 
(2) by striking subsection (d) and inserting the 
following:
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HR 3550 EAS 
‘‘(d) PARTICIPATION IN PROGRAM.— 
‘‘(1) IN GENERAL.—On application by a State to 
the Secretary for assistance in replacing or rehabili-
tating a highway bridge that has been determined to 
be eligible for replacement or rehabilitation under 
subsection (b) or (c), the Secretary may approve Fed-
eral participation in— 
‘‘(A) replacing the bridge with a com-
parable bridge; or 
‘‘(B) rehabilitating the bridge. 
‘‘(2) SPECIFIC KINDS OF REHABILITATION.—On 
application by a State to the Secretary for assistance 
in painting, seismic retrofit, or preventative mainte-
nance of, or installation of scour countermeasures or 
applying calcium magnesium acetate, sodium acetate/ 
formate, or other environmentally acceptable, mini-
mally corrosive anti-icing and de-icing compositions 
to, the structure of a highway bridge, the Secretary 
may approve Federal participation in the painting, 
seismic retrofit, or preventative maintenance of, or 
installation of scour countermeasures or application 
of acetate or sodium acetate/formate or such anti- 
icing or de-icing composition to, the structure. 
‘‘(3) ELIGIBILITY.—
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall determine 
the eligibility of highway bridges for replacement 
or rehabilitation for each State based on the 
number of unsafe highway bridges in the State. 
‘‘(B) 
PREVENTATIVE
MAINTENANCE.—A 
State may carry out a project for preventative 
maintenance on a bridge, seismic retrofit of a 
bridge, or installation of scour countermeasures 
to a bridge under this section without regard to 
whether the bridge is eligible for replacement or 
rehabilitation under this section.’’; 
(3) in subsection (e)— 
(A) in the third sentence, by striking 
‘‘square footage’’ and inserting ‘‘area’’; 
(B) in the fourth sentence— 
(i) by striking ‘‘by the total cost of any 
highway bridges constructed under sub-
section (m) in such State, relating to re-
placement of destroyed bridges and ferry-
boat services, and,’’; and 
(ii) by striking ‘‘1997’’ and inserting 
‘‘2003’’; and
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HR 3550 EAS 
(C) in the seventh sentence, by striking ‘‘the 
Federal-aid primary system’’ and inserting 
‘‘Federal-aid highways’’; 
(4) by striking subsections (f) and (g) and in-
serting the following: 
‘‘(f) SET ASIDES.— 
‘‘(1) DISCRETIONARY BRIDGE PROGRAM.— 
‘‘(A) IN GENERAL.—Of the amounts author-
ized to be appropriated to carry out the bridge 
program under this section for each of fiscal 
years 2004 through 2009, all but $150,000,000 
shall be apportioned as provided in subsection 
(e). 
‘‘(B) AVAILABILITY.—The $150,000,000 re-
ferred to in subparagraph (A) shall be available 
at the discretion of the Secretary, except that not 
to exceed $25,000,000 of that amount shall be 
available only for projects for the seismic retrofit 
of bridges. 
‘‘(C) SET ASIDES.—For fiscal year 2004, 
the Secretary shall provide— 
‘‘(i) $50,000,000 to the State of Nevada 
for construction of a replacement of the fed-
erally-owned bridge over the Hoover Dam
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HR 3550 EAS 
in the Lake Mead National Recreation 
Area; and 
‘‘(ii) $50,000,000 to the State of Mis-
souri for construction of a structure over the 
Mississippi River to connect the city of St. 
Louis, Missouri, to the State of Illinois. 
‘‘(2) OFF-SYSTEM BRIDGES.— 
‘‘(A) IN GENERAL.—Not less than 15 per-
cent of the amount apportioned to each State in 
each of fiscal years 2004 through 2009 shall be 
expended for projects to replace, rehabilitate, per-
form systematic preventative maintenance or 
seismic retrofit, or apply calcium magnesium ac-
etate, sodium acetate/formate, or other environ-
mentally acceptable, minimally corrosive anti- 
icing and de-icing compositions or install scour 
countermeasures to highway bridges located on 
public roads, other than those on a Federal-aid 
highway, or to complete the Warwick Intermodal 
Station (including the construction of a people 
mover between the Station and the T.F. Green 
Airport). 
‘‘(B) REDUCTION OF EXPENDITURES.—The 
Secretary, after consultation with State and 
local officials, may, with respect to the State, re-
346 
HR 3550 EAS 
duce the requirement for expenditure for bridges 
not on a Federal-aid highway if the Secretary 
determines that the State has inadequate needs 
to justify the expenditure.’’; 
(5) in subsection (i)— 
(A) in paragraph (3), by striking ‘‘and’’; 
(B) in paragraph (4), by striking the period 
at the end and inserting ‘‘; and’’; 
(C) by striking ‘‘Such reports’’ and all that 
follows through ‘‘to Congress.’’; and 
(D) by adding at the end the following: 
‘‘(5) biennially submit such reports as are re-
quired under this subsection to the appropriate com-
mittees of Congress simultaneously with the report re-
quired by section 502(g).’’; 
(6) in the first sentence of subsection (n), by 
striking ‘‘all standards’’ and inserting ‘‘all general 
engineering standards’’; 
(7) in subsection (o)— 
(A) in paragraph (3)— 
(i) by striking ‘‘title (including this 
section)’’ and inserting ‘‘section’’; and 
(ii) by inserting ‘‘200 percent of’’ after 
‘‘shall not exceed’’; and 
(B) in paragraph (4)(B)—
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HR 3550 EAS 
(i) in the second sentence, by inserting 
‘‘200 percent of’’ after ‘‘not to exceed’’; and 
(ii) in the last sentence, by striking 
‘‘title’’ and inserting ‘‘section’’; 
(8) by redesignating subsections (h) through (q) 
as subsections (g) through (p), respectively; and 
(9) by adding at the end the following: 
‘‘(q) CONTINUATION OF ANNUAL MATERIALS REPORT 
ON NEW BRIDGE CONSTRUCTION AND BRIDGE REHABILI-
TATION.—Not later than 1 year after the date of enactment 
of this subsection, and annually thereafter, the Secretary 
shall publish in the Federal Register a report describing 
construction materials used in new Federal-aid bridge con-
struction and bridge rehabilitation projects. 
‘‘(r) FEDERAL SHARE.—The Federal share of the cost 
of a project payable from funds made available to carry 
out this section shall be the share applicable under section 
120(b), as adjusted under subsection (d) of that section.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code, is 
amended by striking the item relating to section 144 and 
inserting the following: 
‘‘144. Highway bridge program.’’.
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SEC. 1808. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1702(a)), 
is amended by adding at the end the following: 
‘‘§ 170. Appalachian development highway system 
‘‘(a) APPORTIONMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall appor-
tion funds made available under section 1101(7) of 
the Safe, Accountable, Flexible, and Efficient Trans-
portation Equity Act of 2004 for fiscal years 2004 
through 2009 among States based on the latest avail-
able estimate of the cost to construct highways and 
access roads for the Appalachian development high-
way system program prepared by the Appalachian 
Regional Commission under section 14501 of title 40. 
‘‘(2) AVAILABILITY.—Funds described in para-
graph (1) shall be available to construct highways 
and access roads under chapter 145 of title 40. 
‘‘(b) APPLICABILITY OF TITLE.—Funds made avail-
able under section 1101(7) of the Safe, Accountable, Flexi-
ble, and Efficient Transportation Equity Act of 2004 for 
the Appalachian development highway system shall be 
available for obligation in the same manner as if the funds 
were apportioned under this chapter, except that—
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‘‘(1) the Federal share of the cost of any project 
under this section shall be determined in accordance 
with subtitle IV of title 40; and 
‘‘(2) the funds shall remain available until ex-
pended.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) USE OF TOLL CREDITS.—Section 120(j)(1) of 
title 23, United States Code is amended by inserting 
‘‘and the Appalachian development highway system 
program under subtitle IV of title 40’’ after ‘‘(other 
than the emergency relief program authorized by sec-
tion 125’’. 
(2) ANALYSIS.—The analysis of chapter 1 of title 
23, United States Code (as amended by section 
1702(b)), is amended by adding at the end the fol-
lowing: 
‘‘170. Appalachian development highway system.’’. 
SEC. 1809. MULTISTATE CORRIDOR PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by 1808(a)), is amend-
ed by adding at the end the following: 
‘‘§ 171. Multistate corridor program 
‘‘(a) ESTABLISHMENT AND PURPOSE.—The Secretary 
shall carry out a program to— 
‘‘(1) support and encourage multistate transpor-
tation planning and development; and
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‘‘(2) facilitate transportation decisionmaking 
and coordinate project delivery involving multistate 
corridors. 
‘‘(b) ELIGIBLE RECIPIENTS.—A State transportation 
department and a metropolitan planning organization may 
receive and administer funds provided under this section. 
‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary shall make 
allocations under this program for multistate highway and 
multimodal planning studies and construction. 
‘‘(d) OTHER PROVISIONS REGARDING ELIGIBILITY.— 
‘‘(1) STUDIES.—All studies funded under this 
program shall be consistent with the continuing, coop-
erative, and comprehensive planning processes re-
quired by sections 134 and 135. 
‘‘(2) CONSTRUCTION.—All construction funded 
under this program shall be consistent with section 
133(b)(1). 
‘‘(e) SELECTION CRITERIA.—The Secretary shall select 
studies and projects to be carried out under the program 
based on— 
‘‘(1) the existence and significance of signed and 
binding multijurisdictional agreements; 
‘‘(2) endorsement of the study or project by ap-
plicable elected State and local representatives;
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‘‘(3) prospects for early completion of the study 
or project; or 
‘‘(4) whether the projects to be studied or con-
structed are located on corridors identified by section 
1105(c) of the Intermodal Surface Transportation Ef-
ficiency Act of 1991 (Public Law 102-240; 105 Stat. 
2032). 
‘‘(f) PROGRAM PRIORITIES.—In administering the 
program, the Secretary shall— 
‘‘(1) encourage and enable States and other ju-
risdictions to work together to develop plans for 
multimodal and multijurisdictional transportation 
decisionmaking; and 
‘‘(2) give priority to studies or projects that em-
phasize multimodal planning, including planning for 
operational improvements that— 
‘‘(A) increase— 
‘‘(i) mobility; 
‘‘(ii) freight productivity; 
‘‘(iii) access to marine or inland ports; 
‘‘(iv) safety and security; and 
‘‘(v) reliability; and 
‘‘(B) enhance the environment. 
‘‘(g) FEDERAL SHARE.—Except as provided in section 
120, the Federal share of the cost of a study or project car-
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ried out under the program, using funds from all Federal 
sources, shall be 80 percent. 
‘‘(h) APPLICABILITY.—Funds authorized to be appro-
priated under section 1101(10) of the Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act of 2004 
to carry out this section shall be available for obligation 
in the same manner as if the funds were apportioned under 
this chapter.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as 
amended by section 1809(b)) is amended by adding at the 
end the following: 
‘‘171. Multistate corridor program.’’. 
SEC. 1810. BORDER PLANNING, OPERATIONS, TECHNOLOGY, 
AND CAPACITY PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1809(a)), 
is amended by adding at the end the following: 
‘‘§ 172. Border planning, operations, technology, and 
capacity program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BORDER STATE.—The term ‘border State’ 
means any of the States of Alaska, Arizona, Cali-
fornia, Idaho, Maine, Michigan, Minnesota, Montana, 
New Hampshire, New Mexico, New York, North Da-
kota, Texas, Vermont, and Washington.
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‘‘(2) PROGRAM.—The term ‘program’ means the 
border planning, operations, technology, and capacity 
program established under subsection (b). 
‘‘(b) ESTABLISHMENT AND PURPOSE.—The Secretary 
shall establish and carry out a border planning, operations, 
technology, and capacity improvement program to support 
coordination and improvement in bi-national transpor-
tation planning, operations, efficiency, information ex-
change, safety, and security at the international borders of 
the United States with Canada and Mexico. 
‘‘(c) ELIGIBLE ACTIVITIES.— 
‘‘(1) IN GENERAL.—The Secretary shall make al-
locations under the program for projects to carry out 
eligible activities described in paragraph (2) at or 
near international land borders in border States. 
‘‘(2) ELIGIBLE ACTIVITIES.—A border State may 
obligate funds apportioned to the border State under 
this section for— 
‘‘(A) highway and multimodal planning or 
environmental studies; 
‘‘(B) cross-border port of entry and safety 
inspection improvements, including operational 
enhancements and technology applications; 
‘‘(C) technology and information exchange 
activities; and
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‘‘(D) right-of-way acquisition, design, and 
construction, as needed— 
‘‘(i) to implement the enhancements or 
applications described in subparagraphs 
(B) and (C); 
‘‘(ii) to decrease air pollution emis-
sions from vehicles or inspection facilities at 
border crossings; or 
‘‘(iii) to increase highway capacity at 
or near international borders. 
‘‘(d) OTHER PROVISIONS REGARDING ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Each project funded under 
the program shall be carried out in accordance with 
the continuing, cooperative, and comprehensive plan-
ning processes required by sections 134 and 135. 
‘‘(2) REGIONALLY
SIGNIFICANT
PROJECTS.—To 
be funded under the program, a regionally significant 
project shall be included on the applicable transpor-
tation plan and program required by sections 134 
and 135. 
‘‘(e) PROGRAM PRIORITIES.—Border States shall give 
priority to projects that emphasize— 
‘‘(1) multimodal planning; 
‘‘(2) improvements in infrastructure; and 
‘‘(3) operational improvements that—
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‘‘(A) increase safety, security, freight capac-
ity, or highway access to rail, marine, and air 
services; and 
‘‘(B) enhance the environment. 
‘‘(f) MANDATORY PROGRAM.— 
‘‘(1) IN GENERAL.—For each fiscal year, the Sec-
retary shall allocate among border States, in accord-
ance with the formula described in paragraph (2), 
funds to be used in accordance with subsection (d). 
‘‘(2) FORMULA.—Subject to paragraph (3), the 
amount allocated to a border State under this para-
graph shall be determined by the Secretary, as fol-
lows: 
‘‘(A) 25 percent in the ratio that— 
‘‘(i) the average annual weight of all 
cargo entering the border State by commer-
cial vehicle across the international border 
with Canada or Mexico, as the case may be; 
bears to 
‘‘(ii) the average annual weight of all 
cargo entering all border States by commer-
cial vehicle across the international borders 
with Canada and Mexico. 
‘‘(B) 25 percent in the ratio that—
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‘‘(i) the average trade value of all 
cargo imported into the border State and 
all cargo exported from the border State by 
commercial vehicle across the international 
border with Canada or Mexico, as the case 
may be; bears to 
‘‘(ii) the average trade value of all 
cargo imported into all border States and 
all cargo exported from all border States by 
commercial vehicle across the international 
borders with Canada and Mexico. 
‘‘(C) 25 percent in the ratio that— 
‘‘(i) the number of commercial vehicles 
annually entering the border State across 
the international border with Canada or 
Mexico, as the case may be; bears to 
‘‘(ii) the number of all commercial ve-
hicles annually entering all border States 
across the international borders with Can-
ada and Mexico. 
‘‘(D) 25 percent in the ratio that— 
‘‘(i) the number of passenger vehicles 
annually entering the border State across 
the international border with Canada or 
Mexico, as the case may be; bears to
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‘‘(ii) the number of all passenger vehi-
cles annually entering all border States 
across the international borders with Can-
ada and Mexico. 
‘‘(3) DATA SOURCE.— 
‘‘(A) IN GENERAL.—The data used by the 
Secretary in making allocations under this sub-
section shall be based on the Bureau of Trans-
portation Statistics Transborder Surface Freight 
Dataset (or other similar database). 
‘‘(B) BASIS OF CALCULATION.—All formula 
calculations shall be made using the average val-
ues for the most recent 5-year period for which 
data are available. 
‘‘(4) MINIMUM
ALLOCATION.—Notwithstanding 
paragraph (2), for each fiscal year, each border State 
shall receive at least 1⁄2 of 1 percent of the funds made 
available for allocation under this paragraph for the 
fiscal year. 
‘‘(g) FEDERAL SHARE.—Except as provided in section 
120, the Federal share of the cost of a project carried out 
under the program shall be 80 percent. 
‘‘(h) OBLIGATION.—Funds made available under sec-
tion 1101(11) of the Safe, Accountable, Flexible, and Effi-
cient Transportation Equity Act of 2004 to carry out the
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program shall be available for obligation in the same man-
ner as if the funds were apportioned under this chapter. 
‘‘(i) INFORMATION EXCHANGE.—No individual project 
the scope of work of which is limited to information ex-
change shall receive an allocation under the program in an 
amount that exceeds $500,000 for any fiscal year. 
‘‘(j) PROJECTS IN CANADA OR MEXICO.—A project in 
Canada or Mexico, proposed by a border State to directly 
and predominantly facilitate cross-border vehicle and com-
mercial cargo movements at an international gateway or 
port of entry into the border region of the State, may be 
constructed using funds made available under the program 
if, before obligation of those funds, Canada or Mexico, or 
the political subdivision of Canada or Mexico that is re-
sponsible for the operation of the facility to be constructed, 
provides assurances satisfactory to the Secretary that any 
facility constructed under this subsection will be— 
‘‘(1) constructed in accordance with standards 
equivalent to applicable standards in the United 
States; and 
‘‘(2) properly maintained and used over the use-
ful life of the facility for the purpose for which the 
Secretary allocated funds to the project. 
‘‘(k) TRANSFER OF FUNDS TO THE GENERAL SERV-
ICES ADMINISTRATION.—
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‘‘(1) STATE FUNDS.—At the request of a border 
State, funds made available under the program may 
be transferred to the General Services Administration 
for the purpose of funding 1 or more specific projects 
if— 
‘‘(A) the Secretary determines, after con-
sultation with the State transportation depart-
ment of the border State, that the General Serv-
ices Administration should carry out the project; 
and 
‘‘(B) the General Services Administration 
agrees to accept the transfer of, and to admin-
ister, those funds. 
‘‘(2) NON-FEDERAL SHARE.— 
‘‘(A) IN
GENERAL.—A border State that 
makes a request under paragraph (1) shall pro-
vide directly to the General Services Administra-
tion, for each project covered by the request, the 
non-Federal share of the cost of each project de-
scribed in subsection (f). 
‘‘(B) NO
AUGMENTATION
OF
APPROPRIA-
TIONS.—Funds provided by a border State under 
subparagraph (A)— 
‘‘(i) shall not be considered to be an 
augmentation of the appropriations made
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available to the General Services Adminis-
tration; and 
‘‘(ii) shall be— 
‘‘(I) administered in accordance 
with the procedures of the General 
Services Administration; but 
‘‘(II) available for obligation in 
the same manner as if the funds were 
apportioned under this chapter. 
‘‘(C) OBLIGATION AUTHORITY.—Obligation 
authority shall be transferred to the General 
Services Administration in the same manner 
and amount as the funds provided for projects 
under subparagraph (A). 
‘‘(3) 
DIRECT
TRANSFER
OF
AUTHORIZED 
FUNDS.— 
‘‘(A) IN GENERAL.—In addition to alloca-
tions to States and metropolitan planning orga-
nizations under subsection (c), the Secretary 
may transfer funds made available to carry out 
this section to the General Services Administra-
tion for construction of transportation infra-
structure projects at or near the border in border 
States, if—
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‘‘(i) the Secretary determines that the 
transfer is necessary to effectively carry out 
the purposes of this program; and 
‘‘(ii) the General Services Administra-
tion agrees to accept the transfer of, and to 
administer, those funds. 
‘‘(B) NO
AUGMENTATION
OF
APPROPRIA-
TIONS.—Funds transferred by the Secretary 
under subparagraph (A)— 
‘‘(i) shall not be considered to be an 
augmentation of the appropriations made 
available to the General Services Adminis-
tration; and 
‘‘(ii) shall be— 
‘‘(I) administered in accordance 
with the procedures of the General 
Services Administration; but 
‘‘(II) available for obligation in 
the same manner as if the funds were 
apportioned under this chapter. 
‘‘(C) OBLIGATION AUTHORITY.—Obligation 
authority shall be transferred to the General 
Services Administration in the same manner 
and amount as the funds transferred under sub-
paragraph (A).’’.
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(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as 
amended by section 1809(b)), is amended by adding at the 
end the following: 
‘‘172. Border planning, operations, and technology program.’’. 
SEC. 1811. PUERTO RICO HIGHWAY PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1810(a)), 
is amended by adding at the end the following: 
‘‘§ 173. Puerto Rico highway program 
‘‘(a) IN GENERAL.—The Secretary shall allocate funds 
authorized by section 1101(15) of the Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act of 2004 
for each of fiscal years 2004 through 2009 to the Common-
wealth of Puerto Rico to carry out a highway program in 
the Commonwealth. 
‘‘(b) APPLICABILITY OF TITLE.— 
‘‘(1) IN GENERAL.—Amounts made available by 
section 1101(15) of the Safe, Accountable, Flexible, 
and Efficient Transportation Equity Act of 2004 
shall be available for obligation in the same manner 
as if such funds were apportioned under this chapter. 
‘‘(2) 
LIMITATION
ON
OBLIGATIONS.—The 
amounts shall be subject to any limitation on obliga-
tions for Federal-aid highway and highway safety 
construction programs.
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‘‘(c) TREATMENT OF FUNDS.—Amounts made avail-
able to carry out this section for a fiscal year shall be ad-
ministered as follows: 
‘‘(1) APPORTIONMENT.—For the purpose of im-
posing 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 appor-
tioned 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 re-
ferred to in paragraph (1) shall be deemed to be re-
quired to be apportioned to Puerto Rico under that 
section for purposes of the imposition of any penalty 
under this title and title 49.
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‘‘(3) EFFECT ON ALLOCATIONS AND APPORTION-
MENTS.—Subject to paragraph (2), nothing in this 
section affects any allocation under section 105 and 
any apportionment under sections 104 and 144.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as 
amended by section 1810(b)), is amended by adding at the 
end the following: 
‘‘173. Puerto Rico highway program.’’. 
SEC. 1812. NATIONAL HISTORIC COVERED BRIDGE PRESER-
VATION. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1811(a)), 
is amended by adding at the end the following: 
‘‘§ 174. National historic covered bridge preservation 
‘‘(a) DEFINITION OF HISTORIC COVERED BRIDGE.— 
In this section, the term ‘historic covered bridge’ means a 
covered bridge that is listed or eligible for listing on the 
National Register of Historic Places. 
‘‘(b) HISTORIC COVERED BRIDGE PRESERVATION.— 
Subject to the availability of appropriations, the Secretary 
shall— 
‘‘(1) collect and disseminate information on his-
toric covered bridges;
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‘‘(2) conduct educational programs relating to 
the history and construction techniques of historic 
covered bridges; 
‘‘(3) conduct research on the history of historic 
covered bridges; and 
‘‘(4) conduct research on, and study techniques 
for, protecting historic covered bridges from rot, fire, 
natural disasters, or weight-related damage. 
‘‘(c) GRANTS.— 
‘‘(1) IN GENERAL.—Subject to the availability of 
appropriations, the Secretary shall make a grant to 
a State that submits an application to the Secretary 
that demonstrates a need for assistance in carrying 
out 1 or more historic covered bridge projects de-
scribed in paragraph (2). 
‘‘(2) ELIGIBLE PROJECTS.—A grant under para-
graph (1) may be made for a project— 
‘‘(A) to rehabilitate or repair a historic cov-
ered bridge; or 
‘‘(B) to preserve a historic covered bridge, 
including through— 
‘‘(i) installation of a fire protection 
system, including a fireproofing or fire de-
tection system and sprinklers;
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‘‘(ii) installation of a system to pre-
vent vandalism and arson; or 
‘‘(iii) relocation of a bridge to a pres-
ervation site. 
‘‘(3) AUTHENTICITY
REQUIREMENTS.—A grant 
under paragraph (1) may be made for a project only 
if— 
‘‘(A) to the maximum extent practicable, the 
project— 
‘‘(i) is carried out in the most histori-
cally appropriate manner; and 
‘‘(ii) preserves the existing structure of 
the historic covered bridge; and 
‘‘(B) the project provides for the replace-
ment of wooden components with wooden compo-
nents, unless the use of wood is impracticable for 
safety reasons. 
‘‘(4) FEDERAL SHARE.—Except as provided in 
section 120, the Federal share of the cost of a project 
carried out with a grant under this subsection shall 
be 80 percent. 
‘‘(d) FUNDING.—There is authorized to be appro-
priated to carry out this section $14,000,000 for each of 
fiscal years 2004 through 2009, to remain available until 
expended.’’.
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(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as 
amended by section 1811(b)), is amended by adding at the 
end the following: 
‘‘174. National historic covered bridge preservation.’’. 
SEC. 1813. TRANSPORTATION AND COMMUNITY AND SYS-
TEM PRESERVATION PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1812(a)), 
is amended by adding at the end the following: 
‘‘§ 175. Transportation and community and system 
preservation program 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
a comprehensive program to facilitate the planning, devel-
opment, and implementation of strategies by States, metro-
politan planning organizations, federally-recognized Indian 
tribes, and local governments to integrate transportation, 
community, and system preservation plans and practices 
that address the goals described in subsection (b). 
‘‘(b) GOALS.—The goals of the program are to— 
‘‘(1) improve the efficiency of the transportation 
system in the United States; 
‘‘(2) reduce the impacts of transportation on the 
environment; 
‘‘(3) reduce the need for costly future investments 
in public infrastructure;
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‘‘(4) provide efficient access to jobs, services, and 
centers of trade; and 
‘‘(5) examine development patterns, and to iden-
tify strategies, to encourage private sector develop-
ment patterns that achieve the goals identified in 
paragraphs (1) through (4). 
‘‘(c) ALLOCATION OF FUNDS FOR IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—The Secretary shall allocate 
funds made available to carry out this subsection to 
States, metropolitan planning organizations, and 
local governments to carry out projects to address 
transportation efficiency and community and system 
preservation. 
‘‘(2) CRITERIA.—In allocating funds made avail-
able to carry out this subsection, the Secretary shall 
give priority to applicants that— 
‘‘(A) have instituted preservation or devel-
opment plans and programs that— 
‘‘(i) meet the requirements of this title 
and chapter 53 of title 49, United States 
Code; and 
‘‘(ii)(I) are coordinated with State and 
local adopted preservation or development 
plans;
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‘‘(II) are intended to promote cost-ef-
fective and strategic investments in trans-
portation infrastructure that minimize ad-
verse impacts on the environment; or 
‘‘(III) are intended to promote innova-
tive private sector strategies. 
‘‘(B) have instituted other policies to inte-
grate transportation and community and system 
preservation practices, such as— 
‘‘(i) spending policies that direct funds 
to high-growth areas; 
‘‘(ii) urban growth boundaries to guide 
metropolitan expansion; 
‘‘(iii) ‘green corridors’ programs that 
provide access to major highway corridors 
for areas targeted for efficient and compact 
development; or 
‘‘(iv) other similar programs or poli-
cies as determined by the Secretary; 
‘‘(C) have preservation or development poli-
cies that include a mechanism for reducing po-
tential impacts of transportation activities on 
the environment;
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‘‘(D) examine ways to encourage private 
sector investments that address the purposes of 
this section; and 
‘‘(E) propose projects for funding that ad-
dress the purposes described in subsection (b)(2). 
‘‘(3) EQUITABLE DISTRIBUTION.—In allocating 
funds to carry out this subsection, the Secretary shall 
ensure the equitable distribution of funds to a diver-
sity of populations and geographic regions. 
‘‘(4) USE OF ALLOCATED FUNDS.— 
‘‘(A) IN GENERAL.—An allocation of funds 
made available to carry out this subsection shall 
be used by the recipient to implement the 
projects proposed in the application to the Sec-
retary. 
‘‘(B) TYPES OF PROJECTS.—The allocation 
of funds shall be available for obligation for— 
‘‘(i) any project eligible for funding 
under this title or chapter 53 of title 49, 
United States Code; or 
‘‘(ii) any other activity relating to 
transportation and community and system 
preservation that the Secretary determines 
to be appropriate, including corridor pres-
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ervation activities that are necessary to im-
plement— 
‘‘(I) transit-oriented development 
plans; 
‘‘(II) traffic calming measures; or 
‘‘(III) other coordinated transpor-
tation and community and system 
preservation practices. 
‘‘(d) FUNDING.— 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section 
$50,000,000 for each of fiscal years 2004 through 
2009. 
‘‘(2) CONTRACT AUTHORITY.—Funds authorized 
under this subsection shall be available for obligation 
in the same manner as if the funds were apportioned 
under this chapter.’’. 
(b) ELIGIBLE PROJECTS.—Section 133(b) of title 23, 
United States Code (as amended by section 1701(a)), is 
amended by adding at the end the following: 
‘‘(18) Transportation and community system 
preservation to facilitate the planning, development, 
and implementation of strategies of metropolitan 
planning organizations and local governments to in-
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tegrate transportation, community, and system pres-
ervation plans and practices that address the fol-
lowing: 
‘‘(A) Improvement of the efficiency of the 
transportation system in the United States. 
‘‘(B) Reduction of the impacts of transpor-
tation on the environment. 
‘‘(C) Reduction of the need for costly future 
investments in public infrastructure. 
‘‘(D) Provision of efficient access to jobs, 
services, and centers of trade. 
‘‘(E) Examination of development patterns, 
and identification of strategies to encourage pri-
vate sector development patterns, that achieve the 
goals identified in subparagraphs (A) through 
(D). 
‘‘(19) Projects relating to intersections, including 
intersections— 
‘‘(A) that— 
‘‘(i) have disproportionately high acci-
dent rates; 
‘‘(ii) have high levels of congestion, as 
evidenced by— 
‘‘(I) interrupted traffic flow at the 
intersection; and
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‘‘(II) a level of service rating, 
issued by the Transportation Research 
Board of the National Academy of 
Sciences in accordance with the High-
way Capacity Manual, that is not bet-
ter than ‘F’ during peak travel hours; 
and 
‘‘(iii) are directly connected to or lo-
cated on a Federal-aid highway; and 
‘‘(B) improvements that are approved in the 
regional plan of the appropriate local metropoli-
tan planning organization.’’. 
(c) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code (as 
amended by section 1812(b)), is amended by adding at the 
end the following: 
‘‘175. Transportation and community and system preservation pilot program.’’. 
SEC. 1814. PARKING PILOT PROGRAMS. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1813(a)), 
is amended by adding at the end the following: 
‘‘§ 176. Parking pilot programs 
‘‘(a) COMMERCIAL
TRUCK
PARKING
PILOT
PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT.—In cooperation with ap-
propriate State, regional, and local governments, the
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Secretary shall establish a pilot program to address 
the shortage of long-term parking for drivers of com-
mercial motor vehicles on the National Highway Sys-
tem. 
‘‘(2) ALLOCATION OF FUNDS.— 
‘‘(A) IN GENERAL.—The Secretary shall al-
locate funds made available under this subsection 
to States, metropolitan planning organizations, 
and local governments. 
‘‘(B) CRITERIA.—In allocating funds under 
this subsection, the Secretary shall give priority 
to an applicant that— 
‘‘(i) demonstrates a severe shortage of 
commercial vehicle parking capacity on the 
corridor to be addressed; 
‘‘(ii) consults with affected State and 
local governments, community groups, pri-
vate providers of commercial vehicle park-
ing, and motorist and trucking organiza-
tions; and 
‘‘(iii) demonstrates that the project 
proposed by the applicant is likely to have 
a positive effect on highway safety, traffic 
congestion, or air quality. 
‘‘(3) USE OF ALLOCATED FUNDS.—
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‘‘(A) IN GENERAL.—A recipient of funds al-
located under this subsection shall use the funds 
to carry out the project proposed in the applica-
tion submitted by the recipient to the Secretary. 
‘‘(B) TYPES OF PROJECTS.—Funds under 
this subsection shall be available for obligation 
for projects that serve the National Highway 
System, including— 
‘‘(i) construction of safety rest areas 
that include parking for commercial motor 
vehicles; 
‘‘(ii) construction of commercial motor 
vehicle parking facilities that are adjacent 
to commercial truck stops and travel plazas; 
‘‘(iii) costs associated with the opening 
of facilities (including inspection and weigh 
stations and park-and-ride facilities) to 
provide commercial motor vehicle parking; 
‘‘(iv) projects that promote awareness 
of the availability of public or private com-
mercial motor vehicle parking on the Na-
tional Highway System, including parking 
in connection with intelligent transpor-
tation systems and other systems;
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‘‘(v) construction of turnouts along the 
National Highway System for commercial 
motor vehicles; 
‘‘(vi) capital improvements to public 
commercial motor vehicle truck parking fa-
cilities closed on a seasonal basis in order 
to allow the facilities to remain open year- 
around; and 
‘‘(vii) improvements to the geometric 
design at interchanges on the National 
Highway System to improve access to com-
mercial motor vehicle parking facilities. 
‘‘(4) REPORT.—Not later than 5 years after the 
date of enactment of this section, the Secretary shall 
submit to Congress a report on the results of the pilot 
program carried out under this subsection. 
‘‘(5) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out under this subsection 
shall be consistent with section 120. 
‘‘(6) FUNDING.— 
‘‘(A) IN GENERAL.—There is authorized to 
be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) to carry 
out this subsection $10,000,000 for each of fiscal 
years 2005 through 2009.
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‘‘(B) CONTRACT
AUTHORITY.—Funds au-
thorized under this paragraph shall be available 
for obligation in the same manner as if the funds 
were apportioned under this chapter. 
‘‘(b) CORRIDOR AND FRINGE PARKING PILOT PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN
GENERAL.—In cooperation with 
appropriate State, regional, and local govern-
ments, the Secretary shall carry out a pilot pro-
gram to provide corridor and fringe parking fa-
cilities. 
‘‘(B) PRIMARY
FUNCTION.—The primary 
function of a corridor and fringe parking facility 
funded under this subsection shall be to provide 
parking capacity to support car pooling, van 
pooling, ride sharing, commuting, and high oc-
cupancy vehicle travel. 
‘‘(C) OVERNIGHT PARKING.—A State may 
permit a facility described in subparagraph (B) 
to be used for the overnight parking of commer-
cial vehicles if the use does not foreclose or un-
duly limit the primary function of the facility 
described in subparagraph (B). 
‘‘(2) ALLOCATION OF FUNDS.—
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‘‘(A) IN GENERAL.—The Secretary shall al-
locate funds made available to carry out this 
subsection to States. 
‘‘(B) CRITERIA.—In allocating funds under 
this subsection, the Secretary shall give priority 
to a State that— 
‘‘(i) demonstrates demand for corridor 
and fringe parking on the corridor to be ad-
dressed; 
‘‘(ii) consults with affected metropoli-
tan planning organizations, local govern-
ments, community groups, and providers of 
corridor and fringe parking; and 
‘‘(iii) demonstrates that the project 
proposed by the State is likely to have a 
positive effect on ride sharing, traffic con-
gestion, or air quality. 
‘‘(3) USE OF ALLOCATED FUNDS.— 
‘‘(A) IN GENERAL.—A recipient of funds al-
located under this subsection shall use the funds 
to carry out the project proposed in the applica-
tion submitted by the recipient to the Secretary. 
‘‘(B) TYPES OF PROJECTS.—Funds under 
this subsection shall be available for obligation
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for projects that serve the Federal-aid system, in-
cluding— 
‘‘(i) construction of corridor and fringe 
parking facilities; 
‘‘(ii) costs associated with the opening 
of facilities; 
‘‘(iii) projects that promote awareness 
of the availability of corridor and fringe 
parking through the use of signage and 
other means; 
‘‘(iv) capital improvements to corridor 
and fringe parking facilities closed on a 
seasonal basis in order to allow the facilities 
to remain open year-around; and 
‘‘(v) improvements to the geometric de-
sign on adjoining roadways to facilitate ac-
cess to, and egress from, corridor and fringe 
parking facilities. 
‘‘(4) REPORT.—Not later than 5 years after the 
date of enactment of this section, the Secretary shall 
submit to Congress a report on the results of the pilot 
program carried out under this subsection. 
‘‘(5) FEDERAL SHARE.—The Federal share of the 
cost of a project carried out under this subsection 
shall be consistent with section 120.
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‘‘(6) FUNDING.— 
‘‘(A) IN GENERAL.—There is authorized to 
be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) to carry 
out this subsection $10,000,000 for each of fiscal 
years 2005 through 2009. 
‘‘(B) CONTRACT
AUTHORITY.—Funds au-
thorized under this paragraph shall be available 
for obligation in the same manner as if the funds 
were apportioned under this chapter.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter I of title 23, United States Code (as 
amended by section 1813(c)), is amended by adding at the 
end the following: 
‘‘176. Parking pilot programs.’’. 
SEC. 1815. INTERSTATE OASIS PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code (as amended by section 1814(a)), 
is amended by adding at the end the following: 
‘‘§ 177. Interstate oasis program 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this section, in consultation with the 
States and other interested parties, the Secretary shall— 
‘‘(1) establish an Interstate oasis program; and 
‘‘(2) develop standards for designating, as an 
Interstate oasis, a facility that—