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employee parking, office space, security, and
signage; and
‘‘(B) establishing or enhancing coordination
between intercity bus service and transportation,
including aviation, commuter rail, intercity rail,
public transportation, and the National High-
way System through an integrated system of
public transportation information.
‘‘(2) ‘commuter service’ means service designed
primarily to provide daily work trips within the local
commuting area.
‘‘(3) ‘intercity bus service’ means regularly
scheduled bus service for the general public which op-
erates with limited stops over fixed routes connecting
two or more urban areas not in close proximity,
which has the capacity for transporting baggage car-
ried by passengers, and which makes meaningful con-
nections with scheduled intercity bus service to more
distant points, if such service is available and may
include package express service, if incidental to pas-
senger transportation, but does not include air, com-
muter, water or rail service.
‘‘(4) ‘intermodal passenger facility’ means pas-
senger terminal that does, or can be modified to, ac-
commodate several modes of transportation and re-
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lated facilities, including some or all of the following:
intercity rail, intercity bus, commuter rail, intracity
rail transit and bus transportation, airport limousine
service and airline ticket offices, rent-a-car facilities,
taxis, private parking, and other transportation serv-
ices.
‘‘(5) ‘local governmental authority’ includes—
‘‘(A) a political subdivision of a State;
‘‘(B) an authority of at least one State or
political subdivision of a State;
‘‘(C) an Indian tribe; and
‘‘(D) a public corporation, board, or com-
mission established under the laws of the State.
‘‘(6) ‘owner or operator of a public transpor-
tation facility’ means an owner or operator of inter-
city-rail, intercity-bus, commuter-rail, commuter-bus,
rail-transit, bus-transit, or ferry services.
‘‘(7) ‘recipient’ means a State or local govern-
mental authority or a nonprofit organization that re-
ceives a grant to carry out this section directly from
the Federal government.
‘‘(8) ‘Secretary’ means the Secretary of Trans-
portation.
‘‘(9) ‘State’ means a State of the United States,
the District of Columbia, Puerto Rico, the Northern
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Mariana Islands, Guam, American Samoa, and the
Virgin Islands.
‘‘(10) ‘urban area’ means an area that includes
a municipality or other built-up place that the Sec-
retary, after considering local patterns and trends of
urban growth, decides is appropriate for a local pub-
lic transportation system to serve individuals in the
locality.
‘‘§ 5573. Assurance of access to intermodal passenger
facilities
‘‘Intercity buses and other modes of transportation
shall, to the maximum extent practicable, have access to
publicly funded intermodal passenger facilities, including
those passenger facilities seeking funding under section
5574.
‘‘§ 5574. Intercity bus intermodal passenger facility
grants
‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans-
portation may make grants under this section to recipients
in financing a capital project only if the Secretary finds
that the proposed project is justified and has adequate fi-
nancial commitment.
‘‘(b) COMPETITIVE GRANT SELECTION.—The Secretary
shall conduct a national solicitation for applications for
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grants under this section. Grantees shall be selected on a
competitive basis.
‘‘(c) SHARE OF NET PROJECT COSTS.—A grant shall
not exceed 50 percent of the net project cost, as determined
by the Secretary.
‘‘(d) REGULATIONS.—The Secretary may promulgate
such regulations as are necessary to carry out this section.
‘‘§ 5575. Funding
‘‘(a) HIGHWAY ACCOUNT.—
‘‘(1) There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this subchapter $9,386,289
for each of fiscal years 2005 through 2009.
‘‘(2) The funding made available under para-
graph (1) shall be available for obligation in the same
manner as if such funds were apportioned under
chapter 1 of title 23 and shall be subject to any obli-
gation limitation imposed on funds for Federal-aid
highways and highway safety construction programs.
‘‘(b) PERIOD OF AVAILABILITY.—Amounts made avail-
able under subsection (a) shall remain available until ex-
pended.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 55 of title 49, United States Code, is amended
by adding at the end the following:
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‘‘SUBCHAPTER III—INTERMODAL PASSENGER FACILITIES
Sec.
‘‘5571. Policy and Purposes.
‘‘5572. Definitions.
‘‘5573. Assurance of access to intermodal facilities.
‘‘5574. Intercity bus intermodal facility grants.
‘‘5575. Funding.’’.
SEC. 1524. 14TH AMENDMENT HIGHWAY AND 3RD INFANTRY
DIVISION HIGHWAY.
Not later than December 31, 2005, any funds made
available to commission studies and reports regarding con-
struction of a route linking Augusta, Georgia, Macon, Geor-
gia, Columbus, Georgia, Montgomery, Alabama, and Natch-
ez, Mississippi and a route linking through Savannah,
Georgia, Augusta, Georgia, and Knoxville, Tennessee, shall
be provided to the Secretary to—
(1) carry out a study and submit to the appropriate
committees of Congress a report that describes the steps and
estimated funding necessary to construct a route for the
14th Amendment Highway, from Augusta, Georgia, to
Natchez, Mississippi (formerly designated the Fall Line
Freeway in the State of Georgia); and
(2) carry out a study and submit to the appropriate
committees of Congress a report that describes the steps and
estimated funding necessary to designate and construct a
route for the 3rd Infantry Division Highway, extending
from Savannah, Georgia, to Knoxville, Tennessee (formerly
the Savannah River Parkway in the State of Georgia), fol-
lowing a route generally defined through Sylvania,
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Waynesville, Augusta, Lincolnton, Elberton, Hartwell,
Toccoa, and Young Harris, Georgia, and Maryville, Ten-
nessee.
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.—
(1) MODIFICATIONS TO NATIONAL HIGHWAY SYS-
TEM.—Section 103(b)(6) of title 23, United States
Code, is amended by adding at the end the following:
‘‘(Q) Environmental restoration and pollu-
tion abatement in accordance with section 165.
‘‘(R) Control of invasive plant species and
establishment of native species in accordance
with section 166.’’.
(2) MODIFICATIONS
TO
SURFACE
TRANSPOR-
TATION
PROGRAM.—Section 133(b) of title 23, is
amended by striking paragraph (14) and inserting
the following:
‘‘(14) Environmental restoration and pollution
abatement in accordance with section 165.
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‘‘(15) Control of invasive plant species and es-
tablishment of native species in accordance with sec-
tion 166.’’.
(b) ELIGIBLE ACTIVITIES.—Subchapter I of chapter 1
of title 23, United States Code, is amended by adding at
the end the following:
‘‘§ 165. Eligibility for environmental restoration and
pollution abatement
‘‘(a) IN GENERAL.—Subject to subsection (b), environ-
mental restoration and pollution abatement to minimize or
mitigate the impacts of any transportation project funded
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.
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‘‘§ 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-
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;
if such efforts are related to transportation projects
funded under this title.
‘‘(2) INCLUDED ACTIVITIES.—The participation
and 
establishment 
under 
paragraph 
(1) 
may
include—
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‘‘(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.—
‘‘(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.’’.
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(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)—
(A) in paragraph (1), by striking ‘‘the
roads as’’ and all that follows and inserting ‘‘the
roads as—
‘‘(A) National Scenic Byways;
‘‘(B) All-American Roads; or
‘‘(C) America’s Byways.’’;
(B) in paragraph (3)—
(i) by striking ‘‘To be considered’’ and
inserting the following:
‘‘(A) IN GENERAL.—To be considered’’;
(ii) in subparagraph (A) (as des-
ignated by clause (i))—
(I) by inserting ‘‘, an Indian
tribe, ’’ after ‘‘nominated by a State’’;
and
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(II) by inserting ‘‘, an Indian sce-
nic byway,’’ after ‘‘designated as a
State scenic byway’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(B) NOMINATION BY INDIAN TRIBES.—An
Indian tribe may nominate a road as a National
Scenic Byway under subparagraph (A) only if a
Federal land management agency (other than the
Bureau of Indian Affairs), a State, or a political
subdivision of a State does not have—
‘‘(i) jurisdiction over the road; or
‘‘(ii) responsibility for managing the
road.
‘‘(C) SAFETY.—Indian tribes shall main-
tain the safety and quality of roads nominated
by the Indian tribe under subparagraph (A).’’;
and
(C) by adding at the end the following:
‘‘(4) RECIPROCAL
NOTIFICATION.—States, Fed-
eral land management agencies, and Indian tribes
shall notify each other regarding nominations under
this subsection for roads that—
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‘‘(A) are within the jurisdictional boundary
of the State, Federal land management agency,
or Indian tribe; or
‘‘(B) directly connect to roads for which the
State, Federal land management agency, or In-
dian tribe is responsible.’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by inserting ‘‘and Indian tribes’’
after 
‘‘provide 
technical 
assistance 
to
States’’;
(ii) in subparagraph (A), by striking
‘‘designated as’’ and all that follows and in-
serting ‘‘designated as—
‘‘(i) National Scenic Byways;
‘‘(ii) All-American Roads;
‘‘(iii) America’s Byways;
‘‘(iv) State scenic byways; or
‘‘(v) Indian scenic byways; and’’; and
(iii) in subparagraph (B), by inserting
‘‘or Indian’’ after ‘‘State’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by striking
‘‘Byway or All-American Road’’ and insert-
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ing ‘‘Byway, All-American Road, or 1 of
America’s Byways’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘State-designated’’
and inserting ‘‘State or Indian’’; and
(II) 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
(iii) in subparagraph (C), by inserting
‘‘or Indian’’ after ‘‘State’’;
(3) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘or In-
dian’’ after ‘‘State’’;
(B) in paragraph (3)—
(i) 
by 
inserting 
‘‘Indian 
scenic
byway,’’ after ‘‘improvements to a State sce-
nic byway,’’; and
(ii) 
by 
inserting 
‘‘Indian 
scenic
byway,’’ after ‘‘designation as a State sce-
nic byway,’’; and
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(C) in paragraph (4), by striking ‘‘passing
lane,’’; and
(4) in subsection (e), by inserting ‘‘or Indian
tribe’’ after ‘‘State’’.
(b) RESEARCH, TECHNICAL ASSISTANCE, MARKETING,
AND PROMOTION.—Section 162 of title 23, United States
Code, is amended—
(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.
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‘‘(3) FUNDS.—The Secretary may use not more
than $1,877,258 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-
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
amended—
(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
administration of the National Recreational Trails
Advisory Committee’’ and inserting ‘‘research, tech-
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nical assistance, and training under the recreational
trails program’’; and
(3) by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(B) CONTRACTS AND AGREEMENTS.—The
Secretary’’.
(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
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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—
‘‘(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,
including—
‘‘(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
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‘‘(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.);
‘‘(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
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‘‘(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)—
(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)—
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(i) in subparagraph (A), by striking
‘‘80 percent of’’ and inserting ‘‘the amount
determined in accordance with section 120
for’’; and
(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
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inserting ‘‘the Federal share as determined in ac-
cordance with section 120’’; and
(3) in subsection (h)—
(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
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‘‘(ii) section 303 of title 49.’’.
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.
Section 109 of title 23, United States Code, is amended
by striking subsection (p) and inserting the following:
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‘‘(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.’’.
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—
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‘‘(i) a State transportation depart-
ment;
‘‘(ii) a local agency in a State that is
responsible for transportation matters; and
‘‘(iii) a public authority, or a public
or private entity designated by a State, to
collect a toll from motor vehicles at an eligi-
ble toll facility.
‘‘(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-
ments of vehicles operating on high occupancy
vehicle lanes.
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‘‘(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
a motorcycle would create a safety haz-
ard; and
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‘‘(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—
‘‘(I) meets Tier II emission levels
established in regulations promulgated
by the Administrator of the Environ-
mental Protection Agency under sec-
tion 202(i) of the Clean Air Act (42
U.S.C. 7521(i)) for that make and
model year; and
‘‘(I)(aa) is certified by the Admin-
istrator of the Environmental Protec-
tion Agency, in consultation with the
manufacturer, to have achieved not less
than a 50-percent increase in city fuel
economy or not less than a 25-percent
increase in combined city-highway fuel
economy relative to a comparable vehi-
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cle that is an internal combustion gas-
oline fueled vehicle (other than a vehi-
cle that has propulsion energy from on-
board hybrid sources); or
‘‘(bb) is a dedicated alternative
fueled vehicle under section 301 of the
Energy Policy Act of 1992 (42 U.S.C.
13211).
‘‘(ii) COMPARABLE
VEHICLE
DETER-
MINATION.—Not later than 180 days after
the date of enactment of the Safe, Afford-
able, Flexible, and Efficient Transportation
Equity Act of 2005, the Administrator of
the Environmental Protection Agency, in
accordance with section 32908(b) of title 49,
United States Code, shall establish guide-
lines and procedures for making the vehicle
comparisons and performance calculations
described in clause (i)(I)(aa).
‘‘(iii) HOV LANE PERFORMANCE.—
‘‘(I) IN
GENERAL.—The respon-
sible agency may not permit quali-
fying low emission and energy-efficient
vehicles that do not meet applicable oc-
cupancy requirements (as determined
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by the responsible agency) to use high
occupancy vehicle lanes if the perform-
ance of the lanes is seriously degraded.
‘‘(II) 
MANAGEMENT.—In 
man-
aging the use of high occupancy vehicle
lanes by low emission and energy effi-
cient vehicles that do not meet applica-
ble occupancy requirements, the re-
sponsible agency may increase the per-
centages described in clause (i)(I)(aa).
‘‘(iv) 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-
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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-
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—
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‘‘(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;
‘‘(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
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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
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—
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‘‘(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
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).
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‘‘(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
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
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‘‘(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’’;
(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-
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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.
‘‘(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:
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‘‘(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).’’.
(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 2005 through 2009,
the Secretary, after making the deductions authorized by
subsections (a) and (f), shall set aside $469,314 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.—
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‘‘(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
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
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‘‘(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
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) by striking paragraph (2) and inserting
the following:
‘‘(2) LIMITATION.—The Secretary may permit
the collection of tolls under this subsection on 1 facil-
ity in the State of Virginia.’’;
(C) in paragraph (3), by striking subpara-
graph (C) and inserting the following:
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‘‘(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.’’; and
(D) 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
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;
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(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:
‘‘(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 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
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‘‘(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,
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.—
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‘‘(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
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-
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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.
‘‘(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-
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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.
‘‘(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
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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
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
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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-
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
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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.
‘‘(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;