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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.