218 
‘‘(II) the jeopardy arises out of a 
failure to carry out the compact or 
funding agreement. 
‘‘(ii) HEARINGS.—If the Secretary ter-
minates a compact or funding agreement 
(or portion thereof) under clause (i), the 
Secretary shall provide the Indian tribe 
subject to the compact or agreement with a 
hearing on the record not later than 10 
days after the date of such termination. 
‘‘(E) BURDEN OF PROOF.—In any hearing 
or appeal involving a decision to terminate a 
compact or funding agreement (or portion there-
of) under this paragraph, the Secretary shall 
have the burden of proof in demonstrating by 
clear and convincing evidence the validity of the 
grounds for the termination. 
‘‘(g) COST PRINCIPLES.—In administering funds re-
ceived under this section, an Indian tribe shall apply cost 
principles under the applicable Office of Management and 
Budget circular, except as modified by section 106 of the 
Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450j–1), other provisions of law, or by any ex-
emptions to applicable Office of Management and Budget 
circulars subsequently granted by the Office of Management 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
219 
and Budget. No other audit or accounting standards shall 
be required by the Secretary. Any claim by the Federal Gov-
ernment against the Indian tribe relating to funds received 
under a funding agreement based on any audit conducted 
pursuant to this subsection shall be subject to the provisions 
of section 106(f) of such Act (25 U.S.C. 450j–1(f)). 
‘‘(h) TRANSFER OF FUNDS.—The Secretary shall pro-
vide funds to an Indian tribe under a funding agreement 
in an amount equal to— 
‘‘(1) the sum of the funding that the Indian tribe 
would otherwise receive for the program, function, 
service, or activity in accordance with a funding for-
mula or other allocation method established under 
this title or chapter 53 of title 49; and 
‘‘(2) such additional amounts as the Secretary 
determines equal the amounts that would have been 
withheld for the costs of the Bureau of Indian Affairs 
for administration of the program or project. 
‘‘(i) CONSTRUCTION PROGRAMS.— 
‘‘(1) STANDARDS.—Construction projects carried 
out under programs administered by an Indian tribe 
with funds transferred to the Indian tribe pursuant 
to a funding agreement entered into under this sec-
tion shall be constructed pursuant to the construction 
program standards set forth in applicable regulations 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
220 
or as specifically approved by the Secretary (or the 
Secretary’s designee). 
‘‘(2) MONITORING.—Construction programs shall 
be monitored by the Secretary in accordance with ap-
plicable regulations. 
‘‘(j) FACILITATION.— 
‘‘(1) SECRETARIAL INTERPRETATION.—Except as 
otherwise provided by law, the Secretary shall inter-
pret all Federal laws, Executive orders, and regula-
tions in a manner that will facilitate— 
‘‘(A) the inclusion of programs, services, 
functions, and activities (or portions thereof) 
and funds associated therewith, in compacts and 
funding agreements; and 
‘‘(B) the implementation of the compacts 
and funding agreements. 
‘‘(2) REGULATION WAIVER.— 
‘‘(A) IN GENERAL.—An Indian tribe may 
submit to the Secretary a written request to 
waive application of a regulation promulgated 
under this section with respect to a compact or 
funding agreement. The request shall identify the 
regulation sought to be waived and the basis for 
the request. 
‘‘(B) APPROVALS AND DENIALS.— 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
221 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of receipt of a written 
request under subparagraph (A), the Sec-
retary shall approve or deny the request in 
writing. 
‘‘(ii) DENIALS.—The Secretary may 
deny a request under clause (i) only if the 
Secretary finds that the identified language 
in the regulation may not be waived be-
cause the waiver is prohibited by Federal 
law. 
‘‘(iii) DEEMED APPROVAL.—If the Sec-
retary does not approve or deny a request 
submitted under subparagraph (A) on or be-
fore the last day of the 90-day period re-
ferred to in clause (i), the request shall be 
deemed approved. 
‘‘(iv) FINALITY OF DECISIONS.—A de-
cision by the Secretary under this subpara-
graph shall be final for the Department. 
‘‘(k) DISCLAIMERS.— 
‘‘(1) EXISTING
AUTHORITY.—Notwithstanding 
any other provision of law, upon the election of an 
Indian tribe, the Secretary shall— 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
222 
‘‘(A) maintain current Federal Highway 
Administration Indian reservation roads pro-
gram and funding agreements; or 
‘‘(B) enter into new agreements under the 
authority of section 202(c)(8). 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section may be construed to 
impair or diminish the authority of the Secretary 
under section 202(c)(8). 
‘‘(l) APPLICABILITY OF INDIAN SELF-DETERMINATION 
AND EDUCATION ASSISTANCE ACT.—Except to the extent 
in conflict with this section (as determined by the Sec-
retary), the following provisions of the Indian Self-Deter-
mination and Education Assistance Act shall apply to com-
pact and funding agreements (except that references to the 
Secretary of the Interior in such provisions shall treated 
as a references to the Secretary of Transportation): 
‘‘(1) Subsections (a), (b), (d), (g), and (h) of sec-
tion 506 of such Act (25 U.S.C. 458aaa–5), relating 
to general provisions. 
‘‘(2) Subsections (b) through (e) and (g) of sec-
tion 507 of such Act (25 U.S.C.458aaa–6), relating to 
provisions relating to the Secretary of Health and 
Human Services. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
223 
‘‘(3) Subsections (a), (b), (d), (e), (g), (h), (i), 
and (k) of section 508 of such Act (25 U.S.C. 458aaa– 
7), relating to transfer of funds. 
‘‘(4) Section 510 of such Act (25 U.S.C. 458aaa– 
9), relating to Federal procurement laws and regula-
tions. 
‘‘(5) Section 511 of such Act (25 U.S.C. 458aaa– 
10), relating to civil actions. 
‘‘(6) Subsections (a)(1), (a)(2), and (c) through 
(f) of section 512 of such Act (25 U.S.C. 458aaa–11), 
relating to facilitation, except that subsection (c)(1) of 
that section shall be applied by substituting ‘trans-
portation facilities and other facilities’ for ‘school 
buildings, hospitals, and other facilities’. 
‘‘(7) Subsections (a) and (b) of section 515 of 
such Act (25 U.S.C. 458aaa–14), relating to dis-
claimers. 
‘‘(8) Subsections (a) and (b) of section 516 of 
such Act (25 U.S.C. 458aaa–15), relating to applica-
tion of title I provisions. 
‘‘(9) Section 518 of such Act (25 U.S.C. 458aaa– 
17), relating to appeals. 
‘‘(m) DEFINITIONS.— 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
224 
‘‘(1) IN GENERAL.—In this section, the following 
definitions apply (except as otherwise expressly pro-
vided): 
‘‘(A) COMPACT.—The term ‘compact’ means 
a compact between the Secretary and an Indian 
tribe entered into under subsection (c). 
‘‘(B) DEPARTMENT.—The term ‘Depart-
ment’ means the Department of Transportation. 
‘‘(C) ELIGIBLE
INDIAN
TRIBE.—The term 
‘eligible Indian tribe’ means an Indian tribe 
that is eligible to participate in the program, as 
determined under subsection (b). 
‘‘(D) FUNDING
AGREEMENT.—The term 
‘funding agreement’ means a funding agreement 
between the Secretary and an Indian tribe en-
tered into under subsection (d). 
‘‘(E) INDIAN
TRIBE.—The term ‘Indian 
tribe’ means any Indian or Alaska Native tribe, 
band, nation, pueblo, village, or community that 
the Secretary of the Interior acknowledges to 
exist as an Indian tribe under the Federally Rec-
ognized Indian Tribe List Act of 1994 (25 
U.S.C. 479a). In any case in which an Indian 
tribe has authorized another Indian tribe, an 
inter-tribal consortium, or a tribal organization 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
225 
to plan for or carry out programs, services, func-
tions, or activities (or portions thereof) on its be-
half under this part, the authorized Indian tribe, 
inter-tribal consortium, or tribal organization 
shall have the rights and responsibilities of the 
authorizing Indian tribe (except as otherwise 
provided in the authorizing resolution or in this 
title). In such event, the term ‘Indian tribe’ as 
used in this part shall include such other author-
ized Indian tribe, inter-tribal consortium, or 
tribal organization. 
‘‘(F) 
PROGRAM.—The 
term 
‘program’ 
means the tribal transportation self-governance 
program established under this section. 
‘‘(G) SECRETARY.—The term ‘Secretary’ 
means the Secretary of Transportation. 
‘‘(H) TRANSPORTATION
PROGRAMS.—The 
term ‘transportation programs’ means all pro-
grams administered or financed by the Depart-
ment under this title and chapter 53 of title 49. 
‘‘(2) APPLICABILITY OF OTHER DEFINITIONS.— 
In this section, the definitions set forth in sections 4 
and 505 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b; 458aaa) 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
226 
apply, except as otherwise expressly provided in this 
section. 
‘‘(n) REGULATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PROMULGATION.—Not later than 90 
days after the date of enactment of the American 
Energy and Infrastructure Jobs Act of 2012, the 
Secretary shall initiate procedures under sub-
chapter III of chapter 5 of title 5 to negotiate 
and promulgate such regulations as are nec-
essary to carry out this section. 
‘‘(B) PUBLICATION OF PROPOSED REGULA-
TIONS.—Proposed regulations to implement this 
section shall be published in the Federal Register 
by the Secretary not later than 21 months after 
such date of enactment. 
‘‘(C) EXPIRATION OF AUTHORITY.—The au-
thority to promulgate regulations under this 
paragraph shall expire 30 months after such date 
of enactment. 
‘‘(D) EXTENSION OF DEADLINES.—A dead-
line set forth in subparagraph (B) or (C) may 
be extended up to 180 days if the negotiated rule-
making committee referred to in paragraph (2) 
concludes that the committee cannot meet the 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
227 
deadline and the Secretary so notifies the appro-
priate committees of Congress. 
‘‘(2) COMMITTEE.— 
‘‘(A) IN
GENERAL.—A negotiated rule-
making committee established pursuant to sec-
tion 565 of title 5 to carry out this subsection 
shall have as its members only Federal and trib-
al government representatives, a majority of 
whom shall be nominated by and be representa-
tives of Indian tribes with funding agreements 
under this title. 
‘‘(B) REQUIREMENTS.—The committee shall 
confer with, and accommodate participation by, 
representatives of Indian tribes, inter-tribal con-
sortia, tribal organizations, and individual trib-
al members. 
‘‘(C) ADAPTATION
OF
PROCEDURES.—The 
Secretary shall adapt the negotiated rulemaking 
procedures to the unique context of self-govern-
ance and the government-to-government relation-
ship between the United States and Indian 
tribes. 
‘‘(3) EFFECT.—The lack of promulgated regula-
tions shall not limit the effect of this section. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
228 
‘‘(4) EFFECT OF CIRCULARS, POLICIES, MANU-
ALS, GUIDANCE, AND RULES.—Unless expressly agreed 
to by the participating Indian tribe in the compact 
or funding agreement, the participating Indian tribe 
shall not be subject to any agency circular, policy, 
manual, guidance, or rule adopted by the Department 
of Transportation, except regulations promulgated 
under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating to 
section 206 the following: 
‘‘207. Tribal transportation self-governance program.’’. 
Subtitle F—Program Elimination 
and Consolidation 
SEC. 1601. PROGRAM ELIMINATION AND CONSOLIDATION. 
(a) GENERAL PROVISIONS.— 
(1) EXISTING FUNDS.—A repeal or amendment 
made by this section shall not affect funds appor-
tioned or allocated before the effective date of the re-
peal. 
(2) AMENDATORY PROVISIONS.—A repeal made 
by this section of a provision that contains an 
amendment to or repeal of another law shall not be 
construed to affect that law. The amendment to or re-
peal of that law shall remain in effect as if this sec-
tion had not been enacted. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
229 
(b) REVENUE ALIGNED BUDGET AUTHORITY.—Sec-
tion 110, and the item relating to that section in the anal-
ysis for chapter 1, are repealed. 
(c) HIGH PRIORITY PROJECTS PROGRAM.—Section 
117, and the item relating to that section in the analysis 
for chapter 1, are repealed. 
(d) SET ASIDES FOR INTERSTATE DISCRETIONARY 
PROJECTS.—Section 118(c) is repealed. 
(e) CONTROL OF JUNKYARDS.—Section 136, and the 
item relating to that section in the analysis for chapter 1, 
are repealed. 
(f) HIGHWAY BRIDGE PROGRAM.—Section 144, and 
the item relating to that section in the analysis for chapter 
1, are repealed. 
(g) HAZARD ELIMINATION PROGRAM.—Section 152, 
and the item relating to that section in the analysis for 
chapter 1, are repealed. 
(h) SAFETY INCENTIVE GRANTS FOR THE USE OF 
SEAT BELTS.—Section 157, and the item relating to that 
section in the analysis for chapter 1, are repealed. 
(i) ACCESS
HIGHWAYS
TO
PUBLIC
RECREATION 
AREAS ON CERTAIN LAKES.—Section 155, and the item re-
lating to that section in the analysis for chapter 1, are re-
pealed. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
231 
(ii) by striking ‘‘such highway or’’; 
and 
(C) by striking ‘‘No expenditures’’ and all 
that follows through the period at the end; 
(2) by striking subsection (b); and 
(3) by redesignating subsection (c) as subsection 
(b). 
(p) MANAGEMENT SYSTEMS.—Section 303, and the 
item relating to that section in the analysis for chapter 3, 
are repealed. 
(q) COOPERATION WITH OTHER AMERICAN REPUB-
LICS.—Section 309, and the item relating to that section 
in the analysis for chapter 3, are repealed. 
(r) LANDSCAPING AND SCENIC ENHANCEMENT.—Sec-
tion 319 is amended— 
(1) by striking ‘‘(a) LANDSCAPE AND ROADSIDE 
DEVELOPMENT.—’’; and 
(2) by striking subsection (b). 
(s) MAGNETIC LEVITATION TRANSPORTATION TECH-
NOLOGY DEPLOYMENT PROGRAM.—Section 322, and the 
item relating to that section in the analysis for chapter 3, 
are repealed. 
(t) TRANSPORTATION, COMMUNITY, 
AND
SYSTEM 
PRESERVATION PROGRAM.—Section 1117 of SAFETEA– 
LU (119 Stat. 1177), and the item relating to that section 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
232 
in the table of contents contained in section 1(b) of that 
Act, are repealed. 
(u) PROJECTS OF NATIONAL AND REGIONAL SIGNIFI-
CANCE.—Section 1301 of SAFETEA–LU (119 Stat. 1198), 
and the item relating to that section in the table of contents 
contained in section 1(b) of that Act, are repealed. 
(v) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVE-
MENT PROGRAM.—Section 1302 of SAFETEA–LU (119 
Stat. 1204), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, are 
repealed. 
(w) TRUCK PARKING FACILITIES.—Section 1305 of 
SAFETEA–LU (119 Stat. 1214), and the item relating to 
that section in the table of contents contained in section 
1(b) of that Act, are repealed. 
(x) FREIGHT
INTERMODAL
DISTRIBUTION
PILOT 
GRANT PROGRAM.—Section 1306 of SAFETEA–LU (119 
Stat. 1215), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, are 
repealed. 
(y) DEPLOYMENT OF MAGNETIC LEVITATION TRANS-
PORTATION PROJECTS.—Section 1307 of SAFETEA–LU 
(119 Stat. 1217), and the item relating to that section in 
the table of contents contained in section 1(b) of that Act, 
are repealed. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
233 
(z) DELTA REGION TRANSPORTATION DEVELOPMENT 
PROGRAM.—Section 1308 of SAFETEA–LU (119 Stat. 
1218), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
(aa) SAFE ROUTES TO SCHOOL PROGRAM.—Section 
1404 of SAFETEA–LU (119 Stat. 1228), and the item re-
lating to that section in the table of contents contained in 
section 1(b) of that Act, are repealed. 
(bb) NATIONAL WORK ZONE SAFETY INFORMATION 
CLEARINGHOUSE.—Section 1410 of SAFETEA–LU (119 
Stat. 1233), and the item relating to that section in the 
table of contents contained in section 1(b) of that Act, are 
repealed. 
(cc) 
ROADWAY
SAFETY.—Section 
1411(b) 
of 
SAFETEA–LU (119 Stat. 1234) is repealed. 
(dd) HIGHWAYS FOR LIFE PILOT PROGRAM.—Section 
1502 of SAFETEA–LU (119 Stat. 1236), and the item re-
lating to that section in the table of contents contained in 
section 1(b) of that Act, are repealed. 
(ee) EXPRESS LANES DEMONSTRATION PROGRAM.— 
Section 1604(b) of SAFETEA–LU (119 Stat. 1250) is re-
pealed. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
234 
(ff) INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT 
PROGRAM.—Section 1604(c) of SAFETEA–LU (119 Stat. 
1253) is repealed. 
(gg) AMERICA’S BYWAYS RESOURCE CENTER.—Sec-
tion 1803 of SAFETEA–LU (119 Stat. 1458), and the item 
relating to that section in the table of contents contained 
in section 1(b) of that Act, are repealed. 
(hh) NATIONAL HISTORIC COVERED BRIDGE PRESER-
VATION.—Section 1804 of SAFETEA–LU (119 Stat. 1458), 
and the item relating to that section in the table of contents 
contained in section 1(b) of that Act, are repealed. 
(ii) NONMOTORIZED TRANSPORTATION PILOT PRO-
GRAM.—Section 1807 of SAFETEA–LU (119 Stat. 1460), 
and the item relating to that section in the table of contents 
contained in section 1(b) of that Act, are repealed. 
(jj) 
GRANT
PROGRAM
TO
PROHIBIT
RACIAL 
PROFILING.—Section 1906 of SAFETEA–LU (119 Stat. 
1468), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
(kk) PAVEMENT MARKING SYSTEMS DEMONSTRATION 
PROJECTS.—Section 1907 of SAFETEA–LU (119 Stat. 
1469), and the item relating to that section in the table 
of contents contained in section 1(b) of that Act, are re-
pealed. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
235 
(ll) LIMITATION
ON PROJECT APPROVAL.—Section 
1958 of SAFETEA–LU (119 Stat. 1515), and the item re-
lating to that section in the table of contents contained in 
section 1(b) of that Act, are repealed. 
Subtitle G—Miscellaneous 
SEC. 1701. TRANSPORTATION ENHANCEMENT ACTIVITY DE-
FINED. 
Section 101(a)(35) is amended— 
(1) by striking subparagraphs (C), (F), (G), (H), 
and (L); and 
(2) by redesignating subparagraphs (D), (E), (I), 
(J), and (K) as subparagraphs (C), (D), (E), (F), and 
(G), respectively. 
SEC. 1702. PAVEMENT MARKINGS. 
Section 109 is amended by adding at the end the fol-
lowing: 
‘‘(r) PAVEMENT MARKINGS.—The Secretary may not 
approve any pavement markings project that includes the 
use of glass beads containing more than 200 parts per mil-
lion of arsenic or lead.’’. 
SEC. 1703. REST AREAS. 
(a) AGREEMENTS RELATING TO USE OF AND ACCESS 
TO RIGHTS-OF-WAY—INTERSTATE SYSTEM.—Section 111 
is amended— 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
236 
(1) in subsection (a) in the second sentence by 
striking the period and inserting ‘‘and will not 
change the boundary of any right-of-way on the Inter-
state System to accommodate construction of, or af-
ford access to, an automotive service station or other 
commercial establishment.’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) REST AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), the Secretary shall permit a State to acquire, 
construct, operate, and maintain a rest area along a 
highway on the Interstate System in such State. 
‘‘(2) ELIGIBLE ACTIVITIES.—The Secretary shall 
permit a rest area under paragraph (1) to include 
commercial activities that provide goods, services, and 
information serving the traveling public and the com-
mercial motor carrier industry. Such commercial ac-
tivities shall be limited to— 
‘‘(A) commercial advertising and media dis-
plays if such advertising and displays are— 
‘‘(i) exhibited solely within any facility 
constructed in the rest area; and 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
237 
‘‘(ii) not legible from the main traveled 
way; 
‘‘(B) State promotional or tourism items; 
‘‘(C) tourism-related merchandise and prod-
ucts, including electronics and clothing; 
‘‘(D) historical or tourism-related entertain-
ment items, including event or attraction tickets; 
‘‘(E) travel-related information, including 
maps, travel booklets, and hotel coupon booklets; 
‘‘(F) automatic teller machines; and 
‘‘(G) lottery machines. 
‘‘(3) PRIVATE OPERATORS.—A State may permit 
a private party to operate such commercial activities. 
‘‘(4) LIMITATION
ON
USE
OF
REVENUES.—A 
State shall use any revenues received from the com-
mercial activities in a rest area under this section to 
cover the costs of acquiring, constructing, operating, 
and maintaining rest areas in the State.’’. 
(b) CONTROL
OF OUTDOOR ADVERTISING.—Section 
131(i) is amended by adding at the end the following: ‘‘A 
State may permit the installation of signs that acknowledge 
the sponsorship of rest areas within such rest areas or along 
the main traveled way of the system, provided that such 
signs shall not affect the safe and efficient utilization of the 
Interstate System and the primary system. The Secretary 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
238 
shall establish criteria for the installation of such signs on 
the main traveled way, including criteria pertaining to the 
placement of rest area sponsorship acknowledgment signs 
in relation to the placement of advance guide signs for rest 
areas.’’. 
SEC. 1704. JUSTIFICATION REPORTS FOR ACCESS POINTS 
ON THE INTERSTATE SYSTEM. 
Section 111 is amended by adding at the end the fol-
lowing: 
‘‘(e) JUSTIFICATION REPORTS.—If the Secretary re-
quests or requires a justification report for a project that 
would add a point of access to, or exit from, the Interstate 
System, the Secretary may permit a State transportation 
department to approve such report.’’. 
SEC. 1705. PATENTED OR PROPRIETARY ITEMS. 
Section 112 is amended by adding at the end the fol-
lowing: 
‘‘(h) USE OF PATENTED OR PROPRIETARY ITEMS.— 
The Secretary shall approve the use, by a State, of Federal 
funds made available to carry out this chapter to pay for 
patented or proprietary items if the State transportation 
department certifies, based on the documented analysis and 
professional judgment of qualified State transportation offi-
cials, that— 
‘‘(1) no equally suitable alternative item exists; 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
239 
‘‘(2) any specified patented or proprietary item 
will be clearly identified as a patented or proprietary 
item in bid documents; and 
‘‘(3) any specified patented or proprietary item 
will be available in sufficient quantity to complete 
any project identified in bid documents.’’. 
SEC. 1706. PREVENTIVE MAINTENANCE. 
Section 116 is amended by adding at the end the fol-
lowing: 
‘‘(e) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) PREVENTIVE
MAINTENANCE.—The term 
‘preventive maintenance’ includes pavement preserva-
tion programs and activities. 
‘‘(2) PAVEMENT PRESERVATION PROGRAMS AND 
ACTIVITIES.—The term ‘pavement preservation pro-
grams and activities’ means programs and activities 
employing a network level, long-term strategy that en-
hances pavement performance by using an integrated, 
cost-effective set of practices that extend pavement life, 
improve safety, and meet road user expectations.’’. 
SEC. 1707. MAPPING. 
(a) IN GENERAL.—Section 306 is amended— 
(1) in subsection (a) by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
240 
(2) in subsection (b) by striking ‘‘State and’’ 
and inserting ‘‘State government and’’; and 
(3) by adding at the end the following: 
‘‘(c) IMPLEMENTATION.—The Secretary shall develop a 
process for the oversight and monitoring, on an annual 
basis, of the compliance of each State with the guidance 
issued under subsection (b).’’. 
(b) SURVEY.—Not later than 2 years after the date of 
enactment of this Act, the Secretary shall conduct a survey 
of all States to determine what percentage of projects car-
ried out under title 23, United States Code, in each State 
utilize private sector sources for surveying and mapping 
services. 
SEC. 1708. FUNDING FLEXIBILITY FOR TRANSPORTATION 
EMERGENCIES. 
(a) IN GENERAL.—Chapter 3 is amended by adding 
at the end the following: 
‘‘§ 330. Funding flexibility for transportation emer-
gencies 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the chief executive of a State, after declaring 
an emergency with respect to a transportation facility 
under subsection (b), may use any covered funds of the 
State to repair or replace the transportation facility. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
241 
‘‘(b) DECLARATION OF EMERGENCY.—To declare an 
emergency with respect to a transportation facility for pur-
poses of subsection (a), the chief executive of a State shall 
provide to the Secretary written notice of the declaration, 
which shall specify— 
‘‘(1) the emergency; 
‘‘(2) the affected transportation facility; and 
‘‘(3) the repair or replacement activities to be 
carried out. 
‘‘(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) COVERED FUNDS.—The term ‘covered funds’ 
means any amounts apportioned to a State under 
this title, including any such amounts required to be 
set aside for a purpose other than the repair or re-
placement of a transportation facility under this sec-
tion. 
‘‘(2) EMERGENCY.—The term ‘emergency’ means 
any unexpected event or condition that— 
‘‘(A) may cause, or has caused, the cata-
strophic failure of a transportation facility; and 
‘‘(B) is determined to be an emergency by 
the chief executive of a State. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS
242 
‘‘(3) TRANSPORTATION
FACILITY.—The term 
‘transportation facility’ means any component of the 
National Highway System. 
‘‘(d) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed to allow a State 
to change the division of surface transportation program 
funding under section 133(d)(3).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘330. Funding flexibility for transportation emergencies.’’. 
SEC. 1709. BUDGET JUSTIFICATION. 
(a) IN GENERAL.—Subchapter I of chapter 3 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 310. Budget justification 
‘‘The Secretary of Transportation and the head of each 
modal administration of the Department of Transportation 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works and the Com-
mittee on Banking, Housing, and Urban Affairs of the Sen-
ate a budget justification concurrently with the President’s 
annual budget submission to Congress.’’. 
VerDate Mar 15 2010 
21:21 Feb 13, 2012
Jkt 019200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6203
E:\BILLS\H7.RH
H7
mstockstill on DSK6TPTVN1PROD with BILLS