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Sec. 3042. Relationship to other laws. 
Sec. 3043. Forgiveness of grant agreement. 
Sec. 3044. Cooperative procurement. 
Sec. 3045. Obligation ceiling. 
Sec. 3046. Adjustments for the Surface Transportation Extension Act of 2004, 
Part V. 
Sec. 3047. Special rule for fiscal year 2004. 
TITLE IV—MOTOR CARRIER TRANSPORTATION AND SAFETY 
Subtitle A—Commercial Motor Vehicle Safety 
Sec. 4101. Authorization of appropriations. 
Sec. 4102. Motor carrier safety grants. 
Sec. 4103. Border enforcement grants. 
Sec. 4104. Commercial driver’s license improvements. 
Sec. 4105. Hobbs Act. 
Sec. 4106. Penalty for denial of access to records. 
Sec. 4107. Medical Review Board. 
Sec. 4108. Increased penalties for out-of-service violations and false records. 
Sec. 4109. Commercial vehicle information systems and networks deployment. 
Sec. 4110. Safety fitness. 
Sec. 4111. Pattern of safety violations by motor carrier management. 
Sec. 4112. Motor carrier research and technology program. 
Sec. 4113. International cooperation. 
Sec. 4114. Performance and registration information System management. 
Sec. 4115. Data quality improvement. 
Sec. 4116. Driveaway saddlemount vehicles. 
Sec. 4117. Completion of uniform carrier registration. 
Sec. 4118. Registration of motor carriers and freight forwarders. 
Sec. 4119. Deposit of certain civil penalties into Highway Trust Fund. 
Sec. 4120. Outreach and education. 
Sec. 4121. Insulin treated diabetes mellitus. 
Sec. 4122. Grant program for commercial motor vehicle operators. 
Sec. 4123. Commercial motor vehicle safety advisory committee. 
Sec. 4124. Safety data improvement program. 
Sec. 4125. Commercial driver’s license information System modernization. 
Sec. 4126. Maximum hours of service for operators of ground water well drill-
ing rigs. 
Sec. 4127. Safety performance history screening. 
Sec. 4128. Intermodal chassis roadability rule-making. 
Sec. 4129. Substance abuse professionals. 
Sec. 4130. Interstate van operations. 
Sec. 4131. Hours of service for operators of utility service vehicles. 
Sec. 4132. Technical corrections. 
Sec. 4133. Intrastate and foreign operations of interstate motor carriers. 
Sec. 4134. Operators of vehicles transporting agricultural commodities and 
farm supplies. 
Sec. 4135. Hours of service rules for operators providing transportation to 
movie production sites. 
Sec. 4136. State laws relating to vehicle towing. 
Sec. 4137. Special rule for fiscal year 2004. 
Sec. 4138. Nebraska custom harvesters length exemption. 
Sec. 4139. Truckload fuel surcharge. 
Subtitle B—Household Goods Transportation
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Sec. 4201. Federal-State relations relating to transportation of household 
goods. 
Sec. 4202. Arbitration requirements. 
Sec. 4203. Civil Penalties relating to household goods brokers and unauthorized 
transportation. 
Sec. 4204. Civil penalty for holding household goods hostage. 
Sec. 4205. Working group for development of practices and procedures to en-
hance Federal-State relations. 
Sec. 4206. Consumer handbook on DOT web site. 
Sec. 4207. Release of household goods broker information. 
Sec. 4208. Consumer complaint information. 
Sec. 4209. Insurance regulations. 
Sec. 4210. Estimating requirements. 
Sec. 4211. Application of State consumer protection laws to certain household 
goods carriers. 
Sec. 4212. Applicability to household goods motor carriers. 
Sec. 4213. Violations of Out-of-Service Orders. 
Sec. 4214. Criminal penalty for holding goods hostage. 
TITLE V—TRANSPORTATION RESEARCH AND EDUCATION 
Subtitle A—Funding 
Sec. 5101. Authorization of appropriations. 
Sec. 5102. Obligation ceiling. 
Sec. 5103. Findings. 
Subtitle B—Research, Technology, and Education 
Sec. 5201. Research, technology, and education. 
Sec. 5202. Long-term bridge performance program; innovative bridge research 
and deployment program. 
Sec. 5203. Surface transportation environment and planning cooperative re-
search program. 
Sec. 5204. Technology deployment. 
Sec. 5205. Training and education. 
Sec. 5206. Freight planning capacity building. 
Sec. 5207. Advanced travel forecasting procedures program. 
Sec. 5208. National cooperative freight transportation research program. 
Sec. 5209. Future strategic highway research program. 
Sec. 5210. Transportation safety information management system project. 
Sec. 5211. Surface transportation congestion relief solutions research initiative. 
Sec. 5212. Motor carrier efficiency study. 
Sec. 5213. Transportation research and development strategic planning. 
Sec. 5214. Limitation on remedies for future strategic highway research pro-
gram. 
Sec. 5215. Center for Transportation Advancement and Regional Development. 
Sec. 5216. Hazardous materials research projects. 
Subtitle C—University Transportation Research; Scholarship Opportunities 
Sec. 5301. National university transportation centers. 
Sec. 5302. University transportation research. 
Sec. 5303. Transportation scholarship opportunities program. 
Subtitle D—Advanced Technologies
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Sec. 5401. Advanced heavy-duty vehicle technologies research program. 
Sec. 5402. Commercial remote sensing products and spatial information tech-
nologies. 
Sec. 5403. Transportation technology innovation and demonstration program. 
Subtitle E—Transportation Data and Analysis 
Sec. 5501. Bureau of Transportation Statistics. 
Sec. 5502. Reports of Bureau of Transportation Statistics. 
Subtitle F—Intelligent Transportation Systems Research 
Sec. 5601. Short title. 
Sec. 5602. Goals and purposes. 
Sec. 5603. General authorities and requirements. 
Sec. 5604. National architecture and Standards. 
Sec. 5605. Research and development. 
Sec. 5606. Infrastructure development. 
Sec. 5607. Road weather research and development program. 
Sec. 5608. Definitions. 
Sec. 5609. Rural interstate corridor communications study. 
Sec. 5610. Centers for surface transportation excellence. 
Sec. 5611. Repeal. 
Sec. 5612. Special rule for fiscal year 2004. 
TITLE VI—TRANSPORTATION PLANNING AND PROJECT 
DELIVERY 
Sec. 6001. Transportation planning. 
Sec. 6002. Efficient environmental reviews for project decisionmaking. 
Sec. 6003. Policy on historic sites. 
Sec. 6004. Exemption of Interstate System. 
Sec. 6005. Interstate compacts. 
Sec. 6006. Development of transportation plan. 
Sec. 6007. Interstate agreements. 
Sec. 6008. Regulations relating to transportation planning. 
Sec. 6009. Special rules relating to project development procedures. 
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 7001. Amendment of title 49, United States Code. 
Sec. 7002. Findings and purpose. 
Sec. 7003. Definitions. 
Sec. 7004. General regulatory authority. 
Sec. 7005. Representation and tampering. 
Sec. 7006. Technical amendments. 
Sec. 7007. Training of certain employees. 
Sec. 7008. Registration. 
Sec. 7009. Providing shipping papers. 
Sec. 7010. Rail tank cars. 
Sec. 7011. Unsatisfactory safety rating. 
Sec. 7012. Training curriculum for the public sector. 
Sec. 7013. Planning and training grants, monitoring, and review. 
Sec. 7014. Special permits and exclusions. 
Sec. 7015. Uniform forms and Procedures. 
Sec. 7016. International uniformity of standards and requirements. 
Sec. 7017. Administrative.
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Sec. 7018. Enforcement. 
Sec. 7019. Civil penalty. 
Sec. 7020. Criminal penalty. 
Sec. 7021. Preemption. 
Sec. 7022. Relationship to other laws. 
Sec. 7023. Judicial review. 
Sec. 7024. Authorization of appropriations. 
Sec. 7025. Determining amount of undeclared shipments of hazardous mate-
rials entering the United States. 
Sec. 7026. Conforming amendments. 
Sec. 7027. National first responder transportation incident response system. 
Sec. 7028. Common carrier pipeline system. 
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING 
GUARANTEE 
Sec. 8001. Discretionary spending limits for the highway and mass transit cat-
egories. 
Sec. 8002. Adjustments to align highway spending with revenues. 
Sec. 8003. Level of obligation limitations. 
Sec. 8004. Enforcement of guarantee. 
Sec. 8005. Transfer of Federal transit administrative expenses. 
TITLE IX—RAIL PROVISIONS 
Sec. 9001. High-speed rail corridor development. 
TITLE X—TAX PROVISIONS 
Sec. 10001. Short title. 
Sec. 10002. Extension of highway-related taxes and trust funds. 
Sec. 10003. Technical corrections regarding highway-related taxes.
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorization of 
Programs 
SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) INTERSTATE
MAINTENANCE
PROGRAM.—
For the Interstate maintenance program under sec-
tion 
119 
of 
title 
23, 
United 
States 
Code,
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$4,323,076,000 
for 
fiscal 
year 
2004, 
$4,486,153,000 
for 
fiscal 
year 
2005, 
$4,601,932,000 
for 
fiscal 
year, 
2006, 
$4,715,480,000 
for 
fiscal 
year 
2007, 
$4,831,867,000 
for 
fiscal 
year 
2008, 
and 
$4,951,164,000 for fiscal year 2009. 
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of that 
title, 
$5,187,691,000 
for 
fiscal 
year 
2004, 
$5,557,383,000 
for 
fiscal 
year 
2005, 
$5,705,318,000 
for 
fiscal 
year 
2006, 
$5,831,576,000 
for 
fiscal 
year 
2007, 
$5,971,240,000 
for 
fiscal 
year 
2008, 
and 
$6,111,396,000 for fiscal year 2009. 
(3) BRIDGE
PROGRAM.—For the bridge pro-
gram 
under 
section 
144 
of 
that 
title, 
$3,709,440,000 
for 
fiscal 
year 
2004, 
$3,942,176,000 
for 
fiscal 
year 
2005, 
$4,037,231,000 
for 
fiscal 
year 
2006, 
$4,134,661,000 
for 
fiscal 
year 
2007, 
$4,234,528,000 
for 
fiscal 
year 
2008, 
and 
$4,336,891,000 for fiscal year 2009. 
(4) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram under sections 130 and 152 of that title,
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$630,000,000 for fiscal year 2005, $645,000,000 for 
fiscal year 2006, $660,000,000 for fiscal year 2007, 
$680,000,000 
for 
fiscal 
year 
2008, 
and 
$695,000,000 for fiscal year 2009. Of such funds 1⁄3 
per fiscal year shall be available to carry out section 
130 and 2⁄3 shall be available to carry out section 
152. 
(5) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of that title, $6,052,306,000 for fiscal year 
2004, 
$6,950,614,000 
for 
fiscal 
year 
2005, 
$6,788,704,000 
for 
fiscal 
year 
2006, 
$6,947,672,000 
for 
fiscal 
year 
2007, 
$7,110,614,000 
for 
fiscal 
year 
2008, 
and 
$7,282,629,000 for fiscal year 2009. 
(6) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program under 
section 149 of that title, $1,469,846,000 for fiscal 
year 2004, $1,521,592,000 for fiscal year 2005, 
$1,559,257,000 
for 
fiscal 
year 
2006, 
$1,597,863,000 
for 
fiscal 
year 
2007, 
$1,637,435,000 
for 
fiscal 
year 
2008, 
and 
$1,677,996,000 for fiscal year 2009.
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(7) APPALACHIAN
DEVELOPMENT
HIGHWAY 
SYSTEM PROGRAM.—For the Appalachian develop-
ment highway system program under section 14501 
of title 40, United States Code, $460,000,000 for 
fiscal year 2004 and $470,000,000 for each of fiscal 
years 2005 through 2009. 
(8) RECREATIONAL TRAILS PROGRAM.—For the 
recreational trails program under section 206 of title 
23, United States Code, $53,000,000 for fiscal year 
2004, 
$70,000,000 
for 
fiscal 
year 
2005, 
$80,000,000 for fiscal year 2006, $90,000,000 for 
fiscal year 2007, $100,000,000 for fiscal year 2008, 
and $110,000,000 for fiscal year 2009. 
(9) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—For 
Indian reservation roads under section 204 of 
title 23, United States Code, $325,000,000 for 
fiscal year 2004, $365,000,000 for fiscal year 
2005, $390,000,000 for fiscal year 2006, 
$395,000,000 
for 
fiscal 
year 
2007, 
$420,000,000 
for 
fiscal 
year 
2008, 
and 
$420,000,000 for fiscal year 2009. 
(B) PARK
ROADS
AND
PARKWAYS.—For 
park roads and parkways roads under section 
204 of that title, $170,000,000 for fiscal year
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2004, $185,000,000 for fiscal year 2005, 
$200,000,000 
for 
fiscal 
year 
2006, 
$215,000,000 
for 
fiscal 
year 
2007, 
$225,000,000 
for 
fiscal 
year 
2008, 
and 
$225,000,000 for fiscal year 2009. 
(C) PUBLIC LANDS HIGHWAY.—For public 
lands highway under section 204 of that title, 
$250,000,000 
for 
fiscal 
year 
2004, 
$260,000,000 
for 
fiscal 
year 
2005, 
$280,000,000 
for 
fiscal 
year 
2006, 
$280,000,000 
for 
fiscal 
year 
2007, 
$290,000,000 
for 
fiscal 
year 
2008, 
and 
$300,000,000 for fiscal year 2009. 
(D) REFUGE
ROADS.—For refuge roads 
under section 204 of that title, $20,000,000 for 
each of fiscal years 2004 through 2009. 
(10) NATIONAL
CORRIDOR
INFRASTRUCTURE 
IMPROVEMENT PROGRAM.—For the national corridor 
infrastructure improvement program under section 
1301 of this title, $600,000,000 for fiscal year 2005, 
$600,000,000 for fiscal year 2006, $600,000,000 for 
fiscal year 2007, $600,000,000 for fiscal year 2008, 
and $600,000,000 for fiscal year 2009. 
(11) COORDINATED BORDER INFRASTRUCTURE 
PROGRAM.—For the coordinated border infrastruc-
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ture program under section 1302 of this title, 
$200,000,000 for fiscal year 2005, $200,000,000 for 
fiscal year 2006, $200,000,000 for fiscal year 2007, 
$200,000,000 
for 
fiscal 
year 
2008, 
and 
$225,000,000 for fiscal year 2009. 
(12) PROJECTS OF NATIONAL AND REGIONAL 
SIGNIFICANCE PROGRAM.—For the projects of na-
tional and regional significance program under sec-
tion 1304 of this title, $1,100,000,000 for fiscal 
year 2005, $1,100,000,000 for fiscal year 2006, 
$1,200,000,000 
for 
fiscal 
year 
2007, 
$1,300,000,000 
for 
fiscal 
year 
2008, 
and 
$1,300,000,000 for fiscal year 2009. 
(13) NATIONAL
SCENIC
BYWAYS
PROGRAM.—
For the national scenic byways program under sec-
tion 
162 
of 
title 
23, 
United 
States 
Code, 
$30,000,000 for fiscal year 2004, $40,000,000 for 
fiscal year 2005, $45,000,000 for fiscal year 2006, 
$55,000,000 for fiscal year 2007, $55,000,000 for 
fiscal year 2008, and $60,000,000 for fiscal year 
2009. 
(14) DEPLOYMENT OF 511 TRAVELER INFORMA-
TION PROGRAM.—For the 511 traveler information 
program under section 1204(c)(7) of this title,
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$6,000,000 for each of fiscal years 2005 through 
2009. 
(15) HIGH
PRIORITY
PROJECTS
PROGRAM.—
For the high priority projects program under section 
117 of title 23, United States Code, $2,496,450,000 
for fiscal year 2005, $2,244,550,000 for fiscal year 
2006, 
$2,143,250,000 
for 
fiscal 
year 
2007, 
$2,192,450,000 
for 
fiscal 
year 
2008, 
and 
$2,050,450,000 for fiscal year 2009. 
(16) FREIGHT INTERMODAL CONNECTOR PRO-
GRAM.—For the freight intermodal connector pro-
gram under section 1303 of this title, $421,000,000 
for fiscal year 2005, $421,000,000 for fiscal year 
2006, 
$421,000,000 
for 
fiscal 
year 
2007, 
$421,000,000 
for 
fiscal 
year 
2008, 
and 
$426,000,000 for fiscal year 2009. 
(17) HIGH
RISK
RURAL
ROAD
SAFETY
IM-
PROVEMENT
PROGRAM.—For the high risk rural 
road safety improvement program under section 
1403 of this title, $105,000,000 for fiscal year 2005, 
$110,000,000 for fiscal year 2006, $120,000,000 for 
fiscal year 2007, $125,000,000 for fiscal year 2008, 
and $130,000,000 for fiscal year 2009. 
(18) PEDESTRIAN AND CYCLIST EQUITY—SAFE 
ROUTES TO SCHOOL PROGRAM.—For the safe routes
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to school program under section 1122(a) of this 
title, 
$175,000,000 
for 
fiscal 
year 
2005, 
$200,000,000 for fiscal year 2006, $200,000,000 for 
fiscal year 2007, $200,000,000 for fiscal year 2008, 
and $225,000,000 for fiscal year 2009. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) GENERAL RULE.—Except to the extent that 
the Secretary determines otherwise, not less than 10 
percent of the amounts made available for any pro-
gram under titles I, III, and V of this Act and sec-
tion 403 of title 23, United States Code, shall be ex-
pended with small business concerns owned and con-
trolled by socially and economically disadvantaged 
individuals. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL
BUSINESS
CONCERN.—The 
term ‘‘small business concern’’ has the meaning 
such term has under section 3 of the Small 
Business Act (15 U.S.C. 632); except that such 
term shall not include any concern or group of 
concerns controlled by the same socially and 
economically disadvantaged individual or indi-
viduals which has average annual gross receipts 
over the preceding 3 fiscal years in excess of
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$17,420,000, as adjusted by the Secretary for 
inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning such term has under 
section 8(d) of the Small Business Act (15 
U.S.C. 637(d)) and relevant subcontracting reg-
ulations promulgated pursuant thereto; except 
that women shall be presumed to be socially 
and economically disadvantaged individuals for 
purposes of this subsection. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually sur-
vey and compile a list of the small business concerns 
referred to in paragraph (1) and the location of such 
concerns in the State and notify the Secretary, in 
writing, of the percentage of such concerns which 
are controlled by women, by socially and economi-
cally disadvantaged individuals (other than women), 
and by individuals who are women and are otherwise 
socially and economically disadvantaged individuals. 
(4) UNIFORM CERTIFICATION.—The Secretary 
shall establish minimum uniform criteria for State 
governments to use in certifying whether a concern
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qualifies for purposes of this subsection. Such min-
imum uniform criteria shall include, but not be lim-
ited to, on-site visits, personal interviews, licenses, 
analysis of stock ownership, listing of equipment, 
analysis of bonding capacity, listing of work com-
pleted, resume of principal owners, financial capac-
ity, and type of work preferred. 
(5) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an enti-
ty or person to receive funds made available under 
titles I, III, and V of this Act and section 403 of 
title 23, United States Code, if the entity or person 
is prevented, in whole or in part, from complying 
with paragraph (1) because a Federal court issues a 
final order in which the court finds that the require-
ment of paragraph (1), or the program established 
under paragraph (1), is unconstitutional. 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Notwithstanding any 
other provision of law but subject to subsections (g) and 
(h), the obligations for Federal-aid highway and highway 
safety construction programs shall not exceed—
(1) $33,643,000,000 for fiscal year 2004; 
(2) $34,412,000,000 for fiscal year 2005; 
(3) $36,287,100,000 for fiscal year 2006;
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(4) $37,616,700,000 for fiscal year 2007; 
(5) $38,876,400,000 for fiscal year 2008; and 
(6) $40,231,500,000 for fiscal year 2009. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations—
(1) under section 125 of title 23, United States 
Code; 
(2) under section 147 of the Surface Transpor-
tation Assistance Act of 1978; 
(3) under section 9 of the Federal-Aid Highway 
Act of 1981; 
(4) under sections 131(b) and 131(j) of the 
Surface Transportation Assistance Act of 1982; 
(5) under sections 149(b) and 149(c) of the 
Surface Transportation and Uniform Relocation As-
sistance Act of 1987; 
(6) under sections 1103 through 1108 of the 
Intermodal Surface Transportation Efficiency Act of 
1991; 
(7) under section 157 of title 23, United States 
Code, as in effect on June 8, 1998; 
(8) under section 105 of title 23, United States 
Code (but, for each of fiscal years 1998 through 
2013), only in an amount equal to $639,000,000 per 
fiscal year; and
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(9) for Federal-aid highway programs for which 
obligation authority was made available under the 
Transportation Equity Act for the 21st Century or 
subsequent public laws for multiple years or to re-
main available until used, but only to the extent that 
such obligation authority has not lapsed or been 
used. 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—
For each of fiscal years 2004 through 2009, the Secretary 
shall—
(1) not distribute obligation authority provided 
by subsection (a) for such fiscal year for amounts 
authorized for administrative expenses and amounts 
authorized for the highway use tax evasion program 
and the Bureau of Transportation Statistics; 
(2) not distribute an amount of obligation au-
thority provided by subsection (a) that is equal to 
the unobligated balance of amounts made available 
from the Highway Trust Fund (other than the Mass 
Transit Account) for Federal-aid highway and high-
way safety programs for previous fiscal years the 
funds for which are allocated by the Secretary; 
(3) determine the ratio that—
(A) the obligation authority provided by 
subsection (a) for such fiscal year less the ag-
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gregate of amounts not distributed under para-
graphs (1) and (2), bears to 
(B) the total of the sums authorized to be 
appropriated for Federal-aid highway and high-
way safety construction programs (other than 
sums authorized to be appropriated for sections 
set forth in paragraphs (1) through (7) of sub-
section (b) and sums authorized to be appro-
priated for section 105 of title 23, United 
States Code, equal to the amount referred to in 
subsection (b)(8)) for such fiscal year less the 
aggregate of the amounts not distributed under 
paragraph (1) of this subsection; 
(4) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not 
distributed under paragraphs (1) and (2) for section 
117 of title 23, United States Code (relating to high 
priority projects program), section 14501 of title 40, 
United States Code (relating to Appalachian devel-
opment highway system), and $2,000,000,000 for 
such fiscal year under section 105 of title 23, United 
States Code (relating to minimum guarantee) so 
that amount of obligation authority available for 
each of such sections is equal to the amount deter-
mined by multiplying the ratio determined under
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paragraph (3) or 0.932 in any case in which such 
ratio is less than 0.932 (except that the higher ratio 
shall not apply to the program under section 14501 
of title 40, United States Code) by the sums author-
ized to be appropriated for such section (except in 
the case of section 105, $2,000,000,000) for such 
fiscal year; 
(5) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not 
distributed under paragraphs (1) and (2) and 
amounts distributed under paragraph (4) for each of 
the programs that are allocated by the Secretary 
under this Act and title 23, United States Code 
(other than activities to which paragraph (1) applies 
and programs to which paragraph (4) applies) by 
multiplying the ratio determined under paragraph 
(3) or 0.932 in any case in which such ratio is less 
than 0.932 (except that the higher ratio shall not 
apply to the program under section 14501 of title 
40, United States Code) by the sums authorized to 
be appropriated for such program for such fiscal 
year; and 
(6) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not 
distributed under paragraphs (1) and (2) and
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amounts distributed under paragraphs (4) and (5) 
for Federal-aid highway and highway safety con-
struction programs (other than the minimum guar-
antee program, but only to the extent that amounts 
apportioned for the minimum guarantee program for 
such fiscal year exceed $2,639,000,000, and the Ap-
palachian development highway system program) 
that are apportioned by the Secretary under this Act 
and title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for 
such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the sums authorized to be 
appropriated for such programs that are appor-
tioned to all States for such fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall after August 1 of each of fiscal years 2004 through 
2009 revise a distribution of the obligation authority made 
available under subsection (c) if an amount made available 
under this section will not be obligated during the fiscal 
year and redistribute sufficient amounts to those States 
able to obligate amounts in addition to those previously 
distributed during that fiscal year. In making the redis-
tribution, the Secretary shall give priority to those States
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having large unobligated balances of funds apportioned 
under sections 104 and 144 of title 23, United States 
Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION
RESEARCH
PROGRAMS.—Obligation 
limitations imposed by subsection (a) shall apply to trans-
portation research programs carried out under chapter 5 
of title 23, United States Code, and under title V of this 
Act; except that obligation authority made available for 
such programs under such limitations shall remain avail-
able for a period of 3 fiscal years. 
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.—Not later than 30 days after the date of the dis-
tribution of obligation authority under subsection (c) for 
each of fiscal years 2004 through 2009, the Secretary 
shall distribute to the States any funds (1) that are au-
thorized to be appropriated for such fiscal year for Fed-
eral-aid highway programs, and (2) that the Secretary de-
termines will not be allocated to the States, and will not 
be available for obligation, in such fiscal year due to the 
imposition of any obligation limitation for such fiscal year. 
Such distribution to the States shall be made in the same 
ratio as the distribution of obligation authority under sub-
section (c)(6). The funds so distributed shall be available
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for any purposes described in section 133(b) of title 23, 
United States Code. 
(g) SPECIAL RULE.—Obligation authority distributed 
for a fiscal year under subsection (c)(4) for a section set 
forth in subsection (c)(4) shall remain available until used 
for obligation of funds for such section and shall be in 
addition to the amount of any limitation imposed on obli-
gations for Federal-aid highway and highway safety con-
struction programs for future fiscal years. 
(h) INCREASE IN OBLIGATION LIMIT.—Limitations 
on obligations imposed by subsection (a) for a fiscal year 
shall be increased by an amount equal to the amount de-
termined pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal 
year. Any such increase shall be distributed in accordance 
with this section. 
(i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA-
TIVE EXPENSES.—Notwithstanding any other provision of 
law, the total amount of all obligations under section 
104(a) of title 23, United States Code, shall not exceed—
(1) $390,000,000 for fiscal year 2004; 
(2) $395,000,000 for fiscal year 2005; 
(3) $395,000,000 for fiscal year 2006; 
(4) $395,000,000 for fiscal year 2007;
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(5) $395,000,000 for fiscal year 2008; and 
(6) $400,000,000 for fiscal year 2009. 
SEC. 1103. APPORTIONMENTS. 
(a) ADMINISTRATIVE EXPENSES.—Section 104(a) of 
title 23, United States Code, is amended—
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) DEDUCTION
FOR
ADMINISTRATIVE
EX-
PENSES.—Whenever an apportionment is made of 
the sums made available for expenditure on the sur-
face transportation program under section 133 for a 
fiscal year, the Secretary shall deduct $390,000,000 
for fiscal year 2004, $365,000,000 for fiscal year 
2005, 
$395,000,000 
for 
fiscal 
year 
2006, 
$395,000,000 for fiscal year 2007, $395,000,000 for 
fiscal year 2008, and $400,000,000 for fiscal year 
2009. 
‘‘(2) USE OF FUNDS.—The amounts deducted 
by paragraph (1) are authorized for the following 
purposes: 
‘‘(A) To administer the provisions of law to 
be financed from appropriations for the Fed-
eral-aid highway program and programs au-
thorized under chapter 2.
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‘‘(B) To make transfers of such sums as 
the Secretary determines to be appropriate to 
the Appalachian Regional Commission for ad-
ministrative activities associated with the Appa-
lachian development highway system.’’; and 
(2) in paragraph (4) by striking ‘‘and the Fed-
eral Motor Carrier Safety Administration’’. 
(b) NATIONAL HIGHWAY SYSTEM.—Section 104(b) 
of such title is amended—
(1) by striking ‘‘the deduction authorized by 
subsection (a) and’’; and 
(2) in paragraph (1)(A)—
(A) by striking ‘‘$36,400,000 for each fis-
cal year’’ and inserting ‘‘$40,000,000 for fiscal 
year 2004, $40,000,000 for fiscal year 2005, 
$40,000,000 for fiscal year 2006, $50,000,000 
for fiscal year 2007, $50,000,000 for fiscal year 
2008, and $50,000,000 for fiscal year 2009’’; 
and 
(B) by striking ‘‘$18,800,000 for each of 
fiscal years 1998 through 2002’’ and inserting 
‘‘$20,000,000 
for 
fiscal 
year 
2004 
and 
$30,000,000 for each of fiscal years 2005 
through 2009’’.
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(c) REPORT.—Section 104(j) of title 23, United 
States Code, is amended by striking ‘‘submit to Congress 
a report’’ and inserting ‘‘transmit to Congress a report, 
and also make such report available to the public in a 
user-friendly format via the Internet,’’. 
(d) SET-ASIDES.—Section 104 of such title is amend-
ed by adding at the end the following: 
‘‘(m) SET-ASIDES.—
‘‘(1) HIGHWAY USE TAX EVASION PROGRAM.—
Whenever an apportionment is made of the sums 
made available for expenditure on the National 
Highway System under section 103 for a fiscal year, 
the Secretary shall set aside for highway use tax 
evasion projects under section 143 of this title 
$12,000,000 for fiscal year 2004, $30,000,000 for 
fiscal year 2005, $30,000,000 for fiscal year 2006, 
$20,000,000 for fiscal year 2007, $10,000,000 for 
fiscal year 2008, and $7,000,000 for fiscal year 
2009. 
‘‘(2) COMMONWEALTH OF PUERTO RICO HIGH-
WAY
PROGRAM.—Whenever an apportionment is 
made of the sums made available for expenditure on 
the National Highway System under section 103 for 
a fiscal year, the Secretary shall set aside for the 
Commonwealth of Puerto Rico highway program
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under section 1214(r) of the Transportation Equity 
Act for the 21st Century (112 Stat. 209), 
$115,000,000 for fiscal year 2004, $125,000,000 for 
fiscal year 2005, $130,000,000 for fiscal year 2006, 
$130,000,000 for fiscal year 2007, $140,000,000 for 
fiscal year 2008, and $140,000,000 for fiscal year 
2009. 
‘‘(3) DEPLOYMENT OF MAGNETIC LEVITATION 
TRANSPORTATION PROJECTS.—Whenever an appor-
tionment is made of the sums made available for ex-
penditure on the National Highway System under 
section 103 for a fiscal year, the Secretary shall set 
aside for carrying out section 1118 of the Transpor-
tation Equity Act: A Legacy for Users, relating to 
deployment of magnetic levitation transportation 
projects, $15,000,000 for fiscal year 2005 and 
$20,000,000 for each of fiscal years 2006 through 
2009. 
‘‘(4) CONGESTION PRICING PILOT PROGRAM.—
Whenever an apportionment is made of the sums 
made available for expenditure on the congestion 
mitigation and air quality improvement program 
under section 149 for a fiscal year, the Secretary 
shall set aside for the congestion pricing pilot pro-
gram under section 1209 of the Transportation Eq-
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uity Act: A Legacy for Users $15,000,000 for fiscal 
year 2004, $15,000,000 for fiscal year 2005, 
$15,000,000 for fiscal year 2006, $15,000,000 for 
fiscal year 2007, $15,000,000 for fiscal year 2008, 
and $15,000,000 for fiscal year 2009. 
‘‘(5) HIGHWAYS FOR LIFE PROGRAM.—When-
ever an apportionment is made of the sums made 
available for expenditure on the Interstate mainte-
nance program under section 119 for a fiscal year, 
the Secretary shall set aside for the Highways for 
LIFE program under section 1504 of the Transpor-
tation Equity Act: A Legacy for Users $55,000,000 
for fiscal year 2005 and $60,000,000 for each of fis-
cal years 2006 through 2009. 
‘‘(6) CONSTRUCTION
OF
FERRY
BOATS
AND 
FERRY TERMINAL FACILITIES.—Whenever an appor-
tionment is made of the sums made available for ex-
penditure on the National Highway System under 
section 103 for a fiscal year, the Secretary shall set 
aside for construction of ferry boats and ferry ter-
minal facilities under section 165 of this title 
$60,000,000 for fiscal year 2004, $70,000,000 for 
fiscal year 2005, $75,000,000 for fiscal year 2006, 
$75,000,000 for fiscal year 2007, $75,000,000 for
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fiscal year 2008, and $75,000,000 for fiscal year 
2009. 
‘‘(7) ITS DEPLOYMENT.—Whenever an appor-
tionment is made of the sums made available for ex-
penditure on the surface transportation program 
under section 133 for a fiscal year, the Secretary 
shall set aside for carrying out sections 5208 and 
5209 of the Transportation Equity Act for the 21st 
Century 
(112 
Stat. 
458; 
112 
Stat. 
460), 
$100,000,000 for each of fiscal years 2004 and 
2005. 
‘‘(8) SAFETY INCENTIVE GRANTS FOR USE OF 
SEAT BELTS.—Whenever an apportionment is made 
of the sums made available for expenditure on the 
surface transportation program under section 133 
for a fiscal year, the Secretary shall set aside for 
safety incentive grants for use of seat belts under 
section 157 of this title $112,000,000 for each of 
fiscal years 2004 and 2005. 
‘‘(9) SAFETY INCENTIVES TO PREVENT OPER-
ATION OF MOTOR VEHICLES BY INTOXICATED PER-
SONS.—Whenever an apportionment is made of the 
sums made available for expenditure on the surface 
transportation program under section 133 for a fis-
cal year, the Secretary shall set aside for safety in-
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centives to prevent operation of motor vehicles by in-
toxicated persons under section 163 of this title 
$110,000,000 for each of fiscal years 2004 and 
2005. 
‘‘(10) TRANSPORTATION AND COMMUNITY AND 
SYSTEM
PRESERVATION
PROGRAM.—Whenever an 
apportionment is made of the sums made available 
for expenditure on the surface transportation pro-
gram under section 133 for a fiscal year, the Sec-
retary shall set aside for the transportation and 
community and system preservation program under 
section 1221 of the Transportation Equity Act for 
the 21st Century (23 U.S.C. 101 note) $25,000,000 
for fiscal year 2004, $30,000,000 for fiscal year 
2005, 
$35,000,000 
for 
fiscal 
year 
2006, 
$35,000,000 for fiscal year 2007, and $35,000,000 
for each of fiscal years 2008 and 2009.’’. 
(e) CONFORMING AMENDMENTS.—Section 104 of 
such title is amended—
(1) in subsection (b) by striking ‘‘set-aside au-
thorized by subsection (f)’’ and inserting ‘‘set-asides 
authorized by subsections (f) and (m)’’; 
(2) in subsection (f)(1)—
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(A) by striking ‘‘, after making the deduc-
tion authorized by subsection (a) of this sec-
tion,’’; and 
(B) by striking ‘‘remaining’’; and 
(3) in subsection (i) by striking ‘‘deducted’’ and 
inserting ‘‘authorized to be appropriated’’. 
(f) PUERTO RICO HIGHWAY PROGRAM.—Section 
1214(r) of the Transportation Equity Act for the 21st 
Century (112 Stat. 209; 117 Stat. 1114; 118 Stat. 1149) 
is amended—
(1) in paragraph (1) by striking ‘‘authorized by 
section 1101(a)(15) for each of fiscal years 1998 
through 2005’’ and inserting ‘‘set aside by section 
104(m)(2) of title 23, United States Code, for each 
of fiscal years 2004 through 2009’’; and 
(2) in paragraph (2) by striking ‘‘made avail-
able by section 1101(a)(15) of this Act’’ and insert-
ing ‘‘set aside by section 104(m)(2) of title 23, 
United States Code,’’. 
SEC. 1104. MINIMUM GUARANTEE. 
(a) GENERAL RULE.—Section 105(a) of title 23, 
United States Code, is amended—
(1) by striking ‘‘1998 through 2003’’ and in-
serting ‘‘2004 through 2009’’;
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(2) by striking ‘‘and recreational trails’’ and in-
serting ‘‘recreational trails, coordinated border infra-
structure, freight intermodal connectors, safe routes 
to school, highway safety improvement, and high 
risk rural road safety improvement’’; and 
(3) by inserting ‘‘(other than subsection (g))’’ 
after ‘‘under this section’’. 
(b) TREATMENT OF FUNDS.—Section 105(c)(1) of 
such title is amended—
(1) by striking ‘‘$2,800,000,000’’ and inserting 
‘‘$2,870,000,000 
in 
fiscal 
year 
2004, 
$2,941,750,000 in fiscal year 2005, $3,015,293,750 
in fiscal year 2006, $3,090,676,094 in fiscal year 
2007, $3,167,942,996 in fiscal year 2008, and 
$3,247,141,571 in fiscal year 2009’’; and 
(2) by striking ‘‘and recreational trails’’ each 
place it appears and inserting ‘‘recreational trails, 
coordinated border infrastructure, freight intermodal 
connectors, safe routes to school, highway safety im-
provement, and high risk rural road safety improve-
ment’’. 
(c) AUTHORIZATION.—Section 105(d) of such title is 
amended by striking ‘‘1998 through 2003’’ and inserting 
‘‘2004 through 2009’’.
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(d) SPECIAL RULE.—Section 105(e) of such title is 
amended to read as follows: 
‘‘(e) SPECIAL RULE.—Notwithstanding any other 
provision of this section, if, in any of fiscal years 2004 
through 2009, the quotient obtained by dividing—
‘‘(1) a State’s percentage share of the total ap-
portionments for such fiscal year for programs re-
ferred to in subsection (a) (other than minimum 
guarantee), by 
‘‘(2) the percentage for such State listed in sub-
section (b), 
is greater than 1.3, the Secretary shall allocate to the 
State with the highest quotient the minimum apportion-
ment specified in subsection (a). The apportionments for 
the programs referred to in subsection (a) for the State 
with the highest quotient, estimated tax payments to the 
Highway Trust Fund attributable to highway users re-
ferred to in subsection (f) for such State, and percentage 
referred to in subsection (b) for such State shall be ex-
cluded from the computations required in subsection (f).’’. 
(e) GUARANTEED
SPECIFIED
RETURN.—Section 
105(f) of such title is amended—
(1) in the subsection heading by striking ‘‘OF 
90.5’’ and inserting ‘‘SPECIFIED’’; and
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(2) in paragraph (1) by striking ‘‘1999 through 
2003’’ and inserting ‘‘2004 through 2009’’. 
(f) EQUITY ADJUSTMENT.—Section 105 of such title 
is further amended by adding at the end the following: 
‘‘(g) EQUITY ADJUSTMENT.—
‘‘(1) IN
GENERAL.—For each of fiscal years 
2004 through 2009, after making the allocations 
under subsection (a), the Secretary shall allocate 
among the States additional amounts sufficient to 
ensure that no State receives an allocation under 
this subsection and subsection (a) that in the aggre-
gate is less than the amount the State would have 
received under subsection (a) had high priority 
projects not been included among the list of pro-
grams referred to in subsection (a). Any such addi-
tional allocations shall be excluded from the com-
putations required in subsection (f). 
‘‘(2) RATE
OF
RETURN.—For each of fiscal 
years 2004 through 2009, the Secretary shall allo-
cate among the States amounts sufficient to ensure 
that, for the aggregate of funds distributed under 
subsection (a), paragraph (1) of this subsection, and 
this paragraph, the rate of return, as defined in sub-
section (f)(1), is not less than 90.5. The special rule
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in subsection (e) shall not apply to the calculation 
made under this paragraph.’’. 
(g) CONFORMING AMENDMENTS.—
(1) SECTION 131.—Section 131(m) of title 23, 
United States Code, is amended by striking ‘‘in ac-
cordance with the program of projects approval 
process of section 105’’ and inserting ‘‘in accordance 
with the approval process of section 106’’. 
(2) SECTION 140.—Section 140 of such title is 
amended—
(A) in subsection (a) by striking ‘‘pro-
grams for projects as provided for in subsection 
(a) of section 105 of this title’’ and inserting 
‘‘project under this chapter’’; and 
(B) in subsection (c) by striking ‘‘sub-
section 104(b)(3) of this title’’ and inserting 
‘‘section 104(b)(3)’’. 
(h) SCOPE ADJUSTMENT.—
(1) DETERMINATION
OF
SET-ASIDE.—Before 
allocating funds provided to carry out the program 
under section 1301 of this Act, the Secretary shall 
set aside an amount sufficient to ensure that the 
quotient obtained by dividing—
(A) the sum of—
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(i) the amounts authorized for the 
programs identified in section 105(a) of 
title 23, United States Code, 
(ii) the amounts authorized under sec-
tion 105(g) of such title, and 
(iii) the amount apportioned under 
this subsection, by 
(B) the total contract authority authorized 
for the Federal-aid highway program, 
equals 0.926. 
(2) APPORTIONMENT OF FUNDS.—The amount 
set aside under paragraph (1) shall be added to the 
amount authorized for the Surface Transportation 
Program under section 104(b)(3)(A) of title 23, 
United States Code, and shall be included in the cal-
culation of minimum guarantee under section 105(a) 
of such title. 
(3) RESTORATION.—The Secretary shall make 
available such sums as may be necessary to restore 
to the funds made available to carry out the pro-
gram under section 1301 an amount equal to the 
amount set aside under paragraph (1). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit
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Account) such sums as may be necessary to carry 
out this subsection. 
(5) APPLICABILITY OF TITLE 23.—Funds made 
available to carry out this subsection shall be avail-
able for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, 
United States Code. 
SEC. 1105. PROJECT APPROVAL AND OVERSIGHT. 
Section 106 of title 23, United States Code, is 
amended by striking subsection (h) and inserting the fol-
lowing: 
‘‘(h) OVERSIGHT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an oversight program to monitor the effective 
and efficient use of funds authorized to carry out 
this title. At a minimum, the program shall be re-
sponsive to all areas related to financial integrity 
and project delivery. 
‘‘(2) FINANCIAL INTEGRITY.—
‘‘(A) 
FINANCIAL
MANAGEMENT
SYS-
TEMS.—The Secretary shall perform annual re-
views that address elements of the State trans-
portation departments’ financial management 
systems that affect projects approved under 
subsection (a).
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‘‘(B) PROJECT
COSTS.—The Secretary 
shall develop minimum standards for estimating 
project costs and shall periodically evaluate the 
States’ practices for estimating project costs, 
awarding contracts, and reducing project costs. 
‘‘(C) RESPONSIBILITY OF THE STATES.—
The States are responsible for determining that 
subrecipients of Federal funds under this title 
have sufficient accounting controls to properly 
manage such Federal funds. The Secretary 
shall periodically review the States’ monitoring 
of subrecipients. 
‘‘(3) PROJECT DELIVERY.—The Secretary shall 
perform annual reviews that address elements of a 
State’s project delivery system, which includes one 
or more activities that are involved in the life cycle 
of a project from its conception to its completion. 
‘‘(4) RESPONSIBILITY
OF
THE
STATES.—The 
States are responsible for determining that sub-
recipients of Federal funds under this title have ade-
quate project delivery systems for projects approved 
under this section. The Secretary shall periodically 
review the States’ monitoring of subrecipients. 
‘‘(5) 
SPECIFIC
OVERSIGHT
RESPONSIBIL-
ITIES.—Nothing in this section shall affect or dis-
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charge any oversight responsibility of the Secretary 
specifically provided for under this title or other 
Federal law. In addition, the Secretary shall retain 
full oversight responsibilities for the design and con-
struction of all Appalachian development highways 
under section 14501 of title 40. 
‘‘(i) MAJOR PROJECTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision in this section, a recipient of Federal fi-
nancial assistance for a project under this title with 
an estimated total cost of $500,000,000 or more, or 
any other project in the discretion of the Secretary, 
shall submit to the Secretary a project management 
plan and an annual financial plan. 
‘‘(2) 
PROJECT
MANAGEMENT
PLAN.—The 
project management plan shall document the proce-
dures and processes in place to provide timely infor-
mation to the project decision makers to manage ef-
fectively the scope, costs, schedules, and quality, and 
the Federal requirements of the project and the role 
of the agency leadership and management team in 
the delivery of the project. 
‘‘(3) FINANCIAL
PLAN.—The financial plan 
shall be based on detailed estimates of the cost to 
complete the project. Annual updates shall be sub-
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mitted based on reasonable assumptions, as deter-
mined by the Secretary, of future increases in the 
cost to complete the project. 
‘‘(j) OTHER PROJECTS.—A recipient of Federal fi-
nancial assistance for a project under this title with an 
estimated total cost of $100,000,000 or more that is not 
covered by subsection (h) shall prepare an annual financial 
plan. Annual financial plans prepared under this sub-
section shall be made available to the Secretary for review 
upon the Secretary’s request.’’. 
SEC. 1106. USE OF EXCESS FUNDS. 
Section 106 of title 23, United States Code, is further 
amended by adding at the end the following: 
‘‘(k) USE OF EXCESS FUNDS.—
‘‘(1) AUDITS.—A State may audit projects 
funded with amounts apportioned under sections 
104 and 144 to determine whether any amounts ob-
ligated for a project are excess funds. 
‘‘(2) PLANS FOR USE OF EXCESS FUNDS.—If a 
State determines, after conducting an audit under 
paragraph (1), that funds obligated for a project are 
excess funds, the State may develop a plan for obli-
gating the funds for the design and construction 
of—
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‘‘(A) with respect to excess funds derived 
from the surface transportation program under 
section 133(d)(1), 133(d)(2), or 133(d)(3), the 
highway bridge replacement and rehabilitation 
program under section 144, the congestion miti-
gation and air quality improvement program 
under section 149, or the recreational trails 
program under section 206, one or more 
projects that are eligible for funding under that 
program; and 
‘‘(B) with respect to excess funds derived 
from any other program under this title, one or 
more projects that are eligible for funding those 
programs or the surface transportation program 
under section 133. 
‘‘(3) CERTIFICATION TO THE SECRETARY.—A 
State that has developed a plan under paragraph (2) 
shall transmit to the Secretary a certification that 
the State has conducted an audit under paragraph 
(1) and developed the plan in accordance with para-
graph (2). 
‘‘(4) 
IMPLEMENTATION
OF
PLANS.—After 
transmitting a certification to the Secretary with re-
spect to a plan under paragraph (3), the State may 
carry out the plan.
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‘‘(5) APPLICABILITY OF REQUIREMENTS.—
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), excess funds used to carry 
out a project under this section shall be subject 
to the requirements of this title that are appli-
cable to the program under which the project is 
carried out. 
‘‘(B) STP ALLOCATIONS.—Section 133(d) 
shall not apply to excess funds used to carry 
out a project under this section, unless such 
funds are derived from amounts apportioned 
under 104(b)(3). 
‘‘(6) EXCESS FUNDS DEFINED.—In this sub-
section, the term ‘excess funds’ means funds obli-
gated for a project that remain available for the 
project after the project has been completed or can-
celed.’’. 
SEC. 1107. TEMPORARY TRAFFIC CONTROL DEVICES. 
(a) STANDARDS.—Section 109(e) of title 23, United 
States Code, is amended—
(1) by striking ‘‘(e) No funds’’ and inserting 
the following: 
‘‘(e) INSTALLATION OF SAFETY DEVICES.—
‘‘(1) HIGHWAY AND RAILROAD GRADE CROSS-
INGS AND DRAWBRIDGES.—No funds’’; and
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(2) by adding at the end the following: 
‘‘(2) 
TEMPORARY
TRAFFIC
CONTROL
DE-
VICES.—No funds shall be approved for expenditure 
on any Federal-aid highway, or highway affected 
under chapter 2 of this title, unless proper tem-
porary traffic control devices to improve safety in 
work zones will be installed and maintained during 
construction, utility, and maintenance operations on 
that portion of the highway with respect to which 
such expenditures are to be made. Installation and 
maintenance of the devices shall be in accordance 
with the Manual on Uniform Traffic Control De-
vices.’’. 
(b) LETTING OF CONTRACTS.—Section 112 of such 
title is amended—
(1) by striking subsection (f); 
(2) by redesignating subsection (g) as sub-
section (f); and 
(3) by adding at the end the following: 
‘‘(g) TEMPORARY TRAFFIC CONTROL DEVICES.—
‘‘(1) ISSUANCE
OF
REGULATIONS.—The Sec-
retary, after consultation with appropriate Federal 
and State officials, shall issue regulations estab-
lishing the conditions for the appropriate use of, and 
expenditure of funds for, uniformed law enforcement
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officers, positive protective measures between work-
ers and motorized traffic, and installation and main-
tenance of temporary traffic control devices during 
construction, utility, and maintenance operations. 
‘‘(2) EFFECTS
OF
REGULATIONS.—Based on 
regulations issued under paragraph (1), a State 
shall—
‘‘(A) develop separate pay items for the 
use of uniformed law enforcement officers, posi-
tive protective measures between workers and 
motorized traffic, and installation and mainte-
nance of temporary traffic control devices dur-
ing construction, utility, and maintenance oper-
ations; and 
‘‘(B) incorporate such pay items into con-
tract provisions to be included in each contract 
entered into by the State with respect to a 
highway project to ensure compliance with sec-
tion 109(e)(2). 
‘‘(3) LIMITATION.—Nothing in the regulations 
shall be construed to prohibit a State from imple-
menting standards that are more stringent than 
those required under the regulations. 
‘‘(4) POSITIVE
PROTECTIVE
MEASURES
DE-
FINED.—In this subsection, the term ‘positive pro-
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tective measures’ means temporary traffic barriers, 
crash cushions, and other strategies to avoid traffic 
accidents in work zones, including full road clo-
sures.’’. 
SEC. 1108. REVENUE ALIGNED BUDGET AUTHORITY. 
(a) ALLOCATION.—Section 110(a)(1) of title 23, 
United States Code, is amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2006’’; 
(2) by inserting after ‘‘such fiscal year’’ the fol-
lowing: ‘‘and the succeeding fiscal year’’. 
(b) REDUCTION.—Section 110(a)(2) of such title is 
amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2006’’; 
(2) by striking ‘‘October 1 of the succeeding’’ 
and inserting ‘‘October 15 of such’’; and 
(3) by inserting after ‘‘Account)’’ the following: 
‘‘for such fiscal year and the succeeding fiscal year’’. 
(c) GENERAL DISTRIBUTION.—Section 110(b)(1)(A) 
of such title is amended by striking ‘‘Transportation Eq-
uity Act for the 21st Century’’ and inserting ‘‘Transpor-
tation Equity Act: A Legacy for Users’’. 
(d) TECHNICAL AMENDMENT.—Section 110(b)(1)(A) 
of title 23, United States Code, is amended by striking 
‘‘for’’ the second place it appears.
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SEC. 1109. PAY TO PLAY REFORM. 
Section 112 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(h) CONSTRUCTION.—Nothing in this section may 
be construed to prohibit a State from enacting a law or 
issuing an order that limits the amount of money an indi-
vidual, who is doing business with a State agency for a 
Federal-aid highway project, may contribute to a political 
campaign.’’. 
SEC. 1110. EMERGENCY RELIEF. 
There is authorized to be appropriated for a fiscal 
year such sums as may be necessary for allocations by the 
Secretary described in subsections (a) and (b) of sections 
125 of title 23, United States Code, if the total of those 
allocations in such fiscal year are in excess of 
$100,000,000. 
SEC. 1111. SURFACE TRANSPORTATION PROGRAM. 
Section 133(f)(1) of title 23, United States Code, is 
amended—
(1) by striking ‘‘1998 through 2000’’ and in-
serting ‘‘2004 through 2006’’; and 
(2) by striking ‘‘2001 through 2003’’ and in-
serting ‘‘2007 through 2009’’. 
SEC. 1112. HIGHWAY USE TAX EVASION PROJECTS. 
(a) ELIGIBLE ACTIVITIES.—
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(1) INTERGOVERNMENTAL ENFORCEMENT EF-
FORTS.—Section 143(b)(2) of title 23, United States 
Code, is amended by inserting before the period the 
following: ‘‘; except that of funds so made available 
for each of fiscal years 2004 through 2009, 
$2,000,000 shall be available only to carry out inter-
governmental enforcement efforts, including research 
and training’’. 
(2) CONDITIONS ON FUNDS ALLOCATED TO IN-
TERNAL REVENUE SERVICE.—Section 143(b)(3) of 
such title is amended by striking ‘‘The’’ and insert-
ing ‘‘Except as otherwise provided in this section, 
the’’. 
(3) LIMITATION ON USE OF FUNDS.—Section 
143(b)(4) of such title is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (F); 
(B) by striking the period at the end of 
subparagraph (G) and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(H) to support efforts between States and 
Indian tribes to address issues related to State 
motor fuel taxes; and
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‘‘(I) to analyze and implement programs to 
reduce tax evasion associated with foreign im-
ported fuel.’’. 
(4) REPORTS.—Section 143(b) of such title is 
amended by adding at the end the following: 
‘‘(9) REPORTS.—The Commissioner of the In-
ternal Revenue Service and each State shall submit 
to the Secretary an annual report that describes the 
projects, examinations, and criminal investigations 
funded by and carried out under this section. Such 
report shall specify the annual yield estimated for 
each project funded under this section.’’. 
(b) EXCISE FUEL REPORTING SYSTEM.—
(1) IN GENERAL.—Section 143(c)(1) of such 
title is amended—
(A) by striking ‘‘August 1, 1998,’’ and in-
serting ‘‘90 days after the date of enactment of 
the Transportation Equity Act: A Legacy for 
Users,’’; 
(B) by striking ‘‘development’’ and insert-
ing ‘‘completion, operation,’’; and 
(C) by striking ‘‘an excise fuel reporting 
system (in this subsection referred to as ‘the 
system’)’’ and inserting ‘‘an excise summary 
terminal activity reporting system’’.
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(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—Section 143(c)(2) of such title is 
amended—
(A) by striking ‘‘the system’’ the first place 
it appears and inserting ‘‘the excise summary 
terminal activity reporting system’’; 
(B) in subparagraph (A) by striking ‘‘de-
velop’’ and inserting ‘‘complete’’; 
(C) by striking ‘‘and’’ at the end of sub-
paragraph (B); 
(D) by striking the period at the end of 
subparagraph (C) and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(D) the Commissioner of the Internal 
Revenue Service shall submit and the Secretary 
shall approve a budget and project plan for the 
completion, operation, and maintenance of the 
system.’’; and 
(3) FUNDING PRIORITY.—Section 143(c)(3) of 
such title is amended to read as follows: 
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years 
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as 
may be necessary to complete, operate, and maintain
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the excise summary terminal activity reporting sys-
tem in accordance with this subsection.’’. 
(c) REGISTRATION SYSTEM AND ELECTRONIC DATA-
BASE.—Section 143 of such title is further amended by 
adding at the end the following: 
‘‘(d) PIPELINE, VESSEL, AND BARGE REGISTRATION 
SYSTEM.—
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this subsection, the 
Secretary shall enter into a memorandum of under-
standing with the Commissioner of the Internal Rev-
enue Service for the purposes of the development, 
operation, and maintenance of a registration system 
for pipelines, vessels, and barges, and operators of 
such pipelines, vessels, and barges, that make bulk 
transfers of taxable fuel. 
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding 
shall provide that—
‘‘(A) the Internal Revenue Service shall de-
velop and maintain the registration system 
through contracts; 
‘‘(B) the Commissioner of the Internal 
Revenue Service shall submit and the Secretary 
shall approve a budget and project plan for de-
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velopment, operation, and maintenance of the 
registration system; 
‘‘(C) the registration system shall be under 
the control of the Internal Revenue Service; and 
‘‘(D) the registration system shall be made 
available for use by appropriate State and Fed-
eral revenue, tax, and law enforcement authori-
ties, subject to section 6103 of the Internal 
Revenue Code of 1986. 
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years 
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as 
may be necessary to complete, operate, and maintain 
a registration system for pipelines, vessels, and 
barges, and operators of such pipelines, vessels, and 
barges, that make bulk transfers of taxable fuel in 
accordance with this subsection. 
‘‘(e) HEAVY VEHICLE USE TAX PAYMENT DATA-
BASE.—
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this subsection, the 
Secretary shall enter into a memorandum of under-
standing with the Commissioner of the Internal Rev-
enue Service for the purposes of the establishment,
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operation, and maintenance of an electronic data-
base of heavy vehicle highway use tax payments. 
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding 
shall provide that—
‘‘(A) the Internal Revenue Service shall es-
tablish and maintain the electronic database 
through contracts; 
‘‘(B) the Commissioner of the Internal 
Revenue Service shall submit and the Secretary 
shall approve a budget and project plan for es-
tablishment, operation, and maintenance of the 
electronic database; 
‘‘(C) the electronic database shall be under 
the control of the Internal Revenue Service; and 
‘‘(D) the electronic database shall be made 
available for use by appropriate State and Fed-
eral revenue, tax, and law enforcement authori-
ties, subject to section 6103 of the Internal 
Revenue Code of 1986. 
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years 
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as 
may be necessary to establish, operate, and maintain
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an electronic database of heavy vehicle highway use 
tax payments in accordance with this subsection. 
‘‘(f) REPORTS.—Not later than March 31 and Sep-
tember 30 of each year, the Commissioner of the Internal 
Revenue Service shall provide reports to the Secretary on 
the status of the Internal Revenue Service projects funded 
under this section related to the excise summary terminal 
activity reporting system, the pipeline, vessel, and barge 
registration system, and the heavy vehicle use tax elec-
tronic database.’’. 
SEC. 1113. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM. 
(a) APPORTIONMENT.—The Secretary shall appor-
tion funds made available by section 1101(a)(7) of this 
Act for fiscal years 2004 through 2009 among the States 
based on the latest available cost to complete estimate for 
the Appalachian development highway system under sec-
tion 14501 title 40, United States Code. 
(b) APPLICABILITY
OF TITLE 23.—Funds made 
available by section 1101(a)(7) of this Act for the Appa-
lachian development highway system shall be available for 
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any project 
under this section shall be determined in accordance with
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such section 14501 of title 40, United States Code, and 
such funds shall be available to construct highways and 
access roads under such section and shall remain available 
until expended. 
(c) USE OF TOLL CREDITS.—Section 120(j)(1) of 
title 23, United States Code is amended by inserting ‘‘and 
the Appalachian development highway system program 
under section 14501 of title 40’’ after ‘‘section 125’’. 
SEC. 1114. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘§ 165. Construction of ferry boats and ferry terminal 
facilities 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
program for construction of ferry boats and ferry terminal 
facilities in accordance with section 129(c). 
‘‘(b) FEDERAL SHARE.—The Federal share payable 
for construction of ferry boats and ferry terminal facilities 
under this section shall be 80 percent of the cost thereof. 
‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts made 
available to carry out this section shall remain available 
until expended. 
‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—
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‘‘(1) IN GENERAL.—$20,000,000 of the amount 
made available to carry out this section for each of 
fiscal years 2004 through 2009 shall be obligated for 
the construction or refurbishment of ferry boats and 
ferry terminal facilities and approaches to such fa-
cilities within marine highway systems that are part 
of the National Highway System. 
‘‘(2) 
ALASKA.—$10,000,000 
of 
the 
$20,000,000 for a fiscal year made available under 
paragraph (1) shall be made available to the State 
of Alaska. 
‘‘(3) 
NEW
JERSEY.—$5,000,000 
of 
the 
$20,000,000 for a fiscal year made available under 
paragraph (1) shall be made available to the State 
of New Jersey. 
‘‘(4) 
WASHINGTON.—$5,000,000 
of 
the 
$20,000,000 for a fiscal year made available under 
paragraph (1) shall be made available to the State 
of Washington. 
‘‘(e) APPLICABILITY.—All provisions of this chapter 
that are applicable to the National Highway System, other 
than provisions relating to apportionment formula and 
Federal share, shall apply to funds made available to carry 
out this section, except as determined by the Secretary 
to be inconsistent with this section.’’.
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(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 1 of such title is amended by add-
ing at the end the following:
‘‘165. Construction of ferry boats and ferry terminal facilities.’’.
(c) NATIONAL FERRY DATABASE.—
(1) ESTABLISHMENT.—The Secretary, acting 
through the Bureau of Transportation Statistics, 
shall establish and maintain a national ferry data-
base. 
(2) CONTENTS.—The database shall contain 
current information regarding ferry systems, includ-
ing information regarding routes, vessels, passengers 
and vehicles carried, funding sources and such other 
information as the Secretary considers useful. 
(3) UPDATE REPORT.—Using information col-
lected through the database, the Secretary shall pe-
riodically modify as appropriate the report submitted 
under section 1207(c) of the Transportation Equity 
Act for the 21st Century (23 U.S.C. 129 note; 112 
Stat. 185–186). 
(4) REQUIREMENTS.—The Secretary shall—
(A) compile the database not later than 1 
year after the date of enactment of this Act and 
update the database every 2 years thereafter; 
(B) ensure that the database is easily ac-
cessible to the public;
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(C) make available, from the ferry boat 
and ferry terminal program authorized under 
section 165 of title 23, United States Code, not 
more than $500,000 for each of fiscal years 
2005 through 2009 to establish the database. 
SEC. 1115. INTERSTATE MAINTENANCE DISCRETIONARY. 
(a) IN GENERAL.—Section 118 of title 23, United 
States Code, is amended—
(1) in subsection (c)(1) by striking ‘‘2003’’ and 
inserting ‘‘2005’’; 
(2) by striking subsection (c); 
(3) in subsection (e) by inserting ‘‘SPECIAL 
RULES.—’’ before ‘‘Funds made’’; and 
(4) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively. 
(b) CONFORMING AMENDMENT.—Section 103(d)(1) 
of such title is amended by striking ‘‘or 118(c)’’. 
(c) TECHNICAL AMENDMENTS.—
(1) SECTION 114.—Section 114(a) of such title 
is amended by striking ‘‘Except as provided in sec-
tion 117 of this title, such’’ and inserting ‘‘Such’’. 
(2) SECTION 116.—Section 116(b) of such title 
is amended by striking ‘‘highway department’’ and 
inserting ‘‘transportation department’’.
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(3) SECTION 120.—Section 120(e) of such title 
is amended in the first sentence by striking ‘‘such 
system’’ and inserting ‘‘such highway’’. 
(4) SECTION 126.—Section 126(a) of such title 
is amended by inserting ‘‘under’’ before ‘‘section 
104(b)(3)’’. 
(5) SECTION 127.—Section 127 of such title is 
amended by striking ‘‘118(b)(1)’’ and inserting 
‘‘118(b)(2)’’. 
(6) 
BICYCLE
AND
PEDESTRIAN
SAFETY 
GRANTS.—Section 1212(i) of the Transportation Eq-
uity Act for the 21st Century (112 Stat. 196–197) 
is amended by redesignating subparagraphs (D) and 
(E) as paragraphs (2) and (3), respectively, and 
moving such paragraphs 2 ems to the left. 
(d) LIMITATION.—The amendments made by this 
section shall not apply to, or have any affect with respect 
to, funds made available under section 118 of title 23, 
United States Code, before the date of enactment of this 
section. 
(e) EFFECTIVE DATE.—The amendments made by 
paragraphs (2) through (4) of subsection (a) and by sub-
section (b) shall take effect on September 30, 2005.
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SEC. 1116. HIGHWAY BRIDGE. 
(a) SCOUR COUNTERMEASURES.—Section 144(d) of 
title 23, United States Code, is amended to read as fol-
lows: 
‘‘(d) APPLICATIONS FOR AND APPROVAL OF ASSIST-
ANCE.—
‘‘(1) BRIDGE REPLACEMENT OR REHABILITA-
TION.—Whenever any State or States make applica-
tion to the Secretary for assistance in replacing or 
rehabilitating a highway bridge which the priority 
system established under subsections (b) and (c) 
shows to be eligible, the Secretary may approve Fed-
eral participation in replacing such bridge with a 
comparable facility or in rehabilitating such bridge. 
‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEAS-
URES, AND
APPLICATIONS
OF
CERTAIN
COMPOSI-
TIONS.—Whenever any State makes application to 
the Secretary for assistance in painting, seismic ret-
rofit, or preventive maintenance of, or installing 
scour countermeasures or applying calcium magne-
sium acetate, sodium acetate/formate, or other envi-
ronmentally acceptable, minimally corrosive anti-
icing and de-icing compositions to, the structure of 
a highway bridge, the Secretary may approve Fed-
eral participation in the painting, seismic retrofit, or 
preventive maintenance of, or installation of scour
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countermeasures or application of acetate or sodium 
acetate/formate or such anti-icing or de-icing com-
position to, such structure. 
‘‘(3) ELIGIBILITY.—The Secretary shall deter-
mine the eligibility of highway bridges for replace-
ment or rehabilitation for each State based upon the 
unsafe highway bridges in such State; except that a 
State may carry out a project for preventive mainte-
nance on a bridge, seismic retrofit of a bridge, or in-
stalling scour countermeasures to a bridge under 
this section without regard to whether the bridge is 
eligible for replacement or rehabilitation under this 
section.’’. 
(b) BRIDGE DISCRETIONARY SET-ASIDE.—Section 
144(g)(1) of such title is amended by adding at the end 
the following: 
‘‘(D) FISCAL YEARS 2004 THROUGH 2009.—
Of the amounts authorized to be appropriated 
to carry out the bridge program under this sec-
tion for each of the fiscal years 2004 through 
2009, all but $100,000,000 shall be appor-
tioned as provided in subsection (e). Such 
$100,000,000 shall be available at the discre-
tion of the Secretary; except that $25,000,000 
shall be available only for projects for the seis-
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mic 
retrofit 
of 
bridges, 
and 
of 
which 
$10,000,000 shall be available only for the seis-
mic retrofit of a bridge described in subsection 
(l), and except as provided in subparagraph 
(E). 
‘‘(E) GRAVINA ACCESS.—
‘‘(i) IN
GENERAL.—Of the amounts 
authorized to be appropriated to carry out 
the bridge program under this paragraph, 
for each of the fiscal years 2005 through 
2009, $10,000,000 shall be set aside from 
the $100,000,000 available at the discre-
tion of the Secretary under subparagraph 
(D) for the construction of a bridge joining 
the Island of Gravina to the community of 
Ketchikan in Alaska. 
‘‘(ii) SCORING.—The project described 
in this subparagraph shall not be counted 
for purposes of the reduction set forth in 
the fourth sentence of subsection (e).’’. 
(c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of 
such title is amended—
(1) by striking ‘‘15 percent’’ and inserting ‘‘20 
percent’’; 
(2) by striking ‘‘1987’’ and inserting ‘‘2005’’;
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(3) by striking ‘‘2004’’ the first place it appears 
and all that follows through ‘‘2005,’’ and inserting 
‘‘2009 for the bridge program,’’; 
(4) by inserting ‘‘, perform systematic preven-
tive maintenance,’’ after ‘‘paint’’; and 
(5) by inserting a comma before ‘‘to highway 
bridges’’. 
(d) SET-ASIDE FOR TRANSPORTATION INFRASTRUC-
TURE FINANCE AND INNOVATION ACT.—Section 144(g) 
of such title is amended by adding at the end the fol-
lowing: 
‘‘(4) TRANSPORTATION
INFRASTRUCTURE
FI-
NANCE AND INNOVATION ACT.—Whenever an appor-
tionment is made under subsection (e) of the sums 
made available for carrying out the bridge program 
under this section for a fiscal year, the Secretary 
shall set aside $130,000,000 for fiscal year 2004 
and $140,000,000 for each of fiscal years 2005 
through 2009 to carry out chapter 6 of title 23, 
United States Code.’’. 
(e) TECHNICAL AMENDMENT.—Section 144(i) of 
such title is amended by striking ‘‘at the same time’’ and 
all that follows through ‘‘Congress’’.
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SEC. 1117. TRANSPORTATION AND COMMUNITY AND SYS-
TEM PRESERVATION PROGRAM. 
(a) FEDERAL SHARE.—Section 1221(e)(2) of the 
Transportation Equity Act for the 21st Century (23 
U.S.C. 101 note; 112 Stat. 223; 118 Stat. 879; 118 Stat. 
1149) is amended by inserting before the period at the 
end ‘‘; except that such funds shall not be transferable 
and the Federal share for projects and activities carried 
out with such funds shall be determined in accordance 
with section 120(b) of title 23, United States Code’’. 
(b) PLANNING ACTIVITIES PILOT PROGRAM.—Sec-
tion 1221 of such Act is amended by adding at the end 
the following: 
‘‘(f) PLANNING ACTIVITIES PILOT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a pilot program using funds set aside under 
paragraph (4) to support planning and public par-
ticipation activities related to highway and public 
transportation projects. 
‘‘(2) ELIGIBLE ACTIVITIES.—Activities eligible 
to be carried out under the pilot program may in-
clude the following: 
‘‘(A) Improving data collection and anal-
ysis to improve freight movement, intermodal 
connections, and transportation access and effi-
ciency for all users, including children, older in-
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dividuals, individuals with disabilities, low-in-
come individuals, and minority communities. 
‘‘(B) Supporting public participation by 
holding public meetings using an interactive 
workshop format facilitated by design or plan-
ning experts (or both) to consider public input 
at the initial stages of project development and 
during other phases of a project. 
‘‘(C) Using innovative planning or design 
visualization and simulation tools to improve 
the evaluation of alternatives and their impacts 
and to enhance public participation in the 
transportation planning process, including tools 
having a structure that enables modifications to 
scenarios and assumptions in real time. 
‘‘(D) Enhancing coordination among trans-
portation, land use, workforce development, 
human service, economic development, and 
other agencies to strengthen access to job train-
ing services, daycare centers, health care facili-
ties, senior centers, public schools, universities, 
and residential areas, including the use of inte-
grated planning and service delivery, especially 
for transit dependent and low-income individ-
uals.
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‘‘(E) Contracting with nonprofit organiza-
tions, universities, and local agencies to deliver 
community-oriented transportation plans and 
projects, including public outreach, context sen-
sitive 
design, 
transit-oriented 
development, 
multimodal corridor investments, commuter 
benefits deployment, and brownfield redevelop-
ment. 
‘‘(F) Measuring and reporting on the an-
nual performance of the transportation system 
(or parts of) relative to State or locally-estab-
lished criteria regarding—
‘‘(i) maintenance and operating costs 
of the transportation system, vehicle miles 
traveled, peak-period travel times, trans-
portation choices, and mode shares; 
‘‘(ii) location of housing units, jobs, 
medical facilities, and commercial centers 
to transit; 
‘‘(iii) improvements directed to low-in-
come families and older individuals; 
‘‘(iv) transportation-related pollution 
emissions into the air and water; 
‘‘(v) land consumption; and 
‘‘(vi) other locally-significant factors.
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‘‘(G) Improving regional travel and emis-
sion modeling to examine factors not currently 
considered, such as induced travel and land use 
effects of transportation alternatives, types of 
vehicles owned and used by households, time-of-
day of travel and linkage of trips to each other 
throughout the day, effects of urban design and 
pedestrian and bicycle environment on travel 
behavior, and impacts of alternatives on the dis-
tribution of benefits and burdens among various 
groups protected under title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.). 
‘‘(3) FEDERAL SHARE.—Notwithstanding sub-
section (e)(2), the Federal share of the cost of ac-
tivities carried out under the pilot program shall be 
100 percent. 
‘‘(4) SET
ASIDE.—The Secretary shall make 
available $1,500,000 of the amounts made available 
to carry out this section for each of fiscal years 
2005 through 2009 to carry out the pilot program 
under this subsection.’’. 
SEC. 
1118. 
DEPLOYMENT 
OF 
MAGNETIC 
LEVITATION 
TRANSPORTATION PROJECTS. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
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(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’—
(A) means the capital cost of the fixed 
guideway infrastructure of a MAGLEV project, 
including land, piers, guideways, propulsion 
equipment and other components attached to 
guideways, power distribution facilities (includ-
ing substations), control and communications 
facilities, access roads, and storage, repair, and 
maintenance facilities, but not including costs 
incurred for a new station; and 
(B) includes the costs of preconstruction 
planning activities. 
(2) FULL
PROJECT
COSTS.—The term ‘‘full 
project costs’’ means the total capital costs of a 
MAGLEV project, including eligible project costs 
and the costs of stations, vehicles, and equipment. 
(3) MAGLEV.—The term ‘‘MAGLEV’’ means 
transportation systems employing magnetic levita-
tion that would be capable of safe use by the public 
at a speed in excess of 240 miles per hour. 
(4) STATE.—The term ‘‘State’’ has the mean-
ing such term has under section 101(a) of title 23, 
United States Code. 
(b) IN GENERAL.—
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(1) ASSISTANCE
FOR
ELIGIBLE
PROJECTS.—
The Secretary shall make available financial assist-
ance to pay the Federal share of full project costs 
of eligible projects authorized by this section. 
(2) USE OF ASSISTANCE.—Financial assistance 
provided under paragraph (1) shall be used only to 
pay eligible project costs of projects authorized by 
this section. 
(3) APPLICABILITY OF OTHER LAWS.—Finan-
cial assistance made available under this section, 
and projects assisted with such assistance, shall be 
subject to section 5333(a) of title 49, United States 
Code. 
(c) PROJECT ELIGIBILITY.—To be eligible to receive 
financial assistance under subsection (b), a project shall—
(1) involve a segment or segments of a high-
speed ground transportation corridor; 
(2) result in an operating transportation facility 
that provides a revenue producing service; and 
(3) be approved by the Secretary based on an 
application submitted to the Secretary by a State or 
authority designated by 1 or more States. 
SEC. 1119. RECREATIONAL TRAILS. 
(a) RECREATIONAL TRAILS PROGRAM FORMULA.—
Section 104(h)(1) of title 23, United States Code, is
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amended by striking ‘‘research and technical’’ and all that 
follows through ‘‘Committee’’ and inserting ‘‘research, 
technical assistance, and training under the recreational 
trails program’’. 
(b) PERMISSIBLE USES.—Section 206(d)(2) of such 
title is amended to read as follows: 
‘‘(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 exist-
ing recreational 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 rec-
reational trails crossing Federal lands, con-
struction of the trails shall be—
‘‘(i) permissible under other law; 
‘‘(ii) necessary and recommended by a 
statewide comprehensive outdoor recreation 
plan that is required by the Land and 
Water Conservation Fund Act of 1965 (16
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U.S.C. 460l–4 et seq.) and that is in ef-
fect; 
‘‘(iii) approved by the administering 
agency of the State designated under sub-
section (c)(1); and 
‘‘(iv) approved by each Federal agency 
having jurisdiction over the affected lands 
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, in-
cluding the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), the 
Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1600 et seq.), and 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 
recreational trail corridors; 
‘‘(F) assessment of trail conditions for ac-
cessibility and maintenance;
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‘‘(G) operation of educational programs to 
promote safety and environmental protection as 
those objectives relate to the use of recreational 
trails, but in an amount not to exceed 5 percent 
of the apportionment made to the State for the 
fiscal year; and 
‘‘(H) payment of costs to the State in-
curred in administering the program, but in an 
amount not to exceed 7 percent of the appor-
tionment made to the State for the fiscal year 
to carry out this section.’’. 
(c) USE OF APPORTIONMENTS.—Section 206(d)(3) 
of such title is amended—
(1) by striking subparagraph (C); 
(2) by redesignating subparagraph (D) as sub-
paragraph (C); and 
(3) in subparagraph (C) (as so redesignated) by 
striking ‘‘(2)(F)’’ and inserting ‘‘(2)(H)’’. 
(d) FEDERAL SHARE.—Section 206(f) of such title 
is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘and the Federal share of 
the administrative costs of a State’’ after 
‘‘project’’; and
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(B) by striking ‘‘not exceed 80 percent’’ 
and inserting ‘‘be determined in accordance 
with section 120(b)’’; 
(2) in paragraph (2)(A) by striking ‘‘80 percent 
of’’ and inserting ‘‘the amount determined in accord-
ance with section 120(b) for’’; 
(3) in paragraph (2)(B) by inserting ‘‘spon-
soring the project’’ after ‘‘Federal agency’’; 
(4) by striking paragraph (5); 
(5) by redesignating paragraph (4) as para-
graph (5); 
(6) in paragraph (5) (as so redesignated) by 
striking ‘‘80 percent’’ and inserting ‘‘the Federal 
share as determined in accordance with section 
120(b)’’; and 
(7) 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 toward the non-Federal matching share for 
other Federal program funds that are—
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‘‘(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.’’. 
(e) PLANNING AND ENVIRONMENTAL ASSESSMENT 
COSTS INCURRED PRIOR TO PROJECT APPROVAL.—Sec-
tion 206(h)(1) of such title is amended by adding at the 
end the following: 
‘‘(C) PLANNING AND ENVIRONMENTAL AS-
SESSMENT COSTS INCURRED PRIOR TO PROJECT 
APPROVAL.—The Secretary may allow pre-ap-
proval planning and environmental compliance 
costs to be credited toward the non-Federal 
share of the cost of a project described under 
subsection (d)(2) (other than subparagraph (I)) 
in accordance with subsection (f), limited to 
costs incurred less than 18 months prior to 
project approval.’’. 
(f) ENCOURAGEMENT OF USE OF YOUTH CONSERVA-
TION OR SERVICE CORPS.—The Secretary shall encourage 
the States to enter into contracts and cooperative agree-
ments with qualified youth conservation or service corps 
to perform construction and maintenance of recreational 
trails under section 206 of title 23, United States Code.
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SEC. 1120. FEDERAL LANDS HIGHWAYS. 
(a) CONTRACTS
AND AGREEMENTS WITH INDIAN 
TRIBES.—Section 202(d)(3) of title 23, United States 
Code, is amended to read as follows: 
‘‘(3) CONTRACTS AND AGREEMENTS WITH IN-
DIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available to an Indian 
tribal government under this title for a high-
way, road, bridge, parkway, or transit facility 
project that is located on an Indian reservation 
or provides access to the reservation or a com-
munity of the Indian tribe shall be made avail-
able, on the request of the Indian tribal govern-
ment, to the Indian tribal government for use 
in carrying out, in accordance with the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), contracts and 
agreements for the planning, research, engi-
neering, and construction relating to such 
project. 
‘‘(B) EXCLUSION OF AGENCY PARTICIPA-
TION.—In accordance with subparagraph (A), 
all funds for a project to which subparagraph
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(A) applies shall be paid to the Indian tribal 
government without regard to the organiza-
tional level at which the Department of the In-
terior has previously carried out, or the Depart-
ment of Transportation has previously carried 
out under the Federal lands highway programs, 
the programs, functions, services, or activities 
involved. 
‘‘(C) CONSORTIA.—Two or more Indian 
tribes that are otherwise eligible to participate 
in a project to which this title applies may form 
a consortium to be considered as a single In-
dian tribe for the purpose of participating in 
the project under this section. 
‘‘(D) SECRETARY
AS
SIGNATORY.—Not-
withstanding any other provision of law, the 
Secretary is authorized to enter into a funding 
agreement with an Indian tribe or tribal gov-
ernment to carry out a highway, road, bridge, 
parkway, or transit project under subparagraph 
(A) that is located on an Indian reservation or 
provides access to the reservation or a commu-
nity of the Indian tribe. 
‘‘(E) FUNDING.—The amount an Indian 
tribal government receives for a project under
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subparagraph (A) shall equal the sum of the 
funding that the Indian tribal government 
would otherwise receive for the project in ac-
cordance with the funding formula established 
under this subsection and such additional 
amount as the Secretary determines equal the 
amounts that would have been withheld for the 
costs of the Bureau of Indian Affairs for ad-
ministration of the project. 
‘‘(F) ELIGIBILITY.—An Indian tribal gov-
ernment may receive funding under subpara-
graph (A) for a project in a fiscal year if the 
Indian tribal government demonstrates to the 
satisfaction of the Secretary financial stability 
and financial management capability as dem-
onstrated in the annual auditing required under 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) and, 
during the preceding fiscal year, had no uncor-
rected significant and material audit exceptions 
in the required annual audit of the Indian 
tribe’s self-determination contracts or self-gov-
ernance funding agreements with any Federal 
agency.
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‘‘(G) ASSUMPTION OF FUNCTIONS AND DU-
TIES.—An Indian tribal government receiving 
funding under subparagraph (A) for a project 
shall assume all functions and duties that the 
Secretary of the Interior would have performed 
with respect to projects under this chapter, 
other than those functions and duties that in-
herently cannot be legally transferred under the 
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b et seq.). 
‘‘(H) POWERS.—An Indian tribal govern-
ment receiving funding under subparagraph (A) 
for a project shall have all powers that the Sec-
retary of the Interior would have exercised in 
administering the funds transferred to the In-
dian tribal government for such project under 
this section if such funds had not been trans-
ferred, except to the extent that such powers 
are powers that inherently cannot be legally 
transferred under the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 
450b et seq.). 
‘‘(I) DISPUTE RESOLUTION.—In the event 
of a disagreement between the Secretary of 
Transportation or the Secretary of the Interior
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and an Indian tribe over whether a particular 
function, duty, or power may be lawfully trans-
ferred under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b et 
seq.), the Indian tribe shall have the right to 
pursue all alternative dispute resolutions and 
appeal procedures authorized by such Act, in-
cluding regulations issued to carry out such 
Act.’’. 
(b) ALASKA NATIVE VILLAGE INVENTORY.—Section 
202(d)(2) of such title is amended by adding at the end 
the following: 
‘‘(E) ALASKA NATIVE ROAD INVENTORY.—
‘‘(i) IN
GENERAL.—For fiscal year 
2005 and each fiscal year thereafter, any 
allocation of sums authorized to be appro-
priated for Indian reservation roads in 
Alaska shall be based on an inventory of 
roads within the exterior boundaries of vil-
lage corporation land selected pursuant to 
the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) that includes all 
routes previously included in such an in-
ventory. The Secretary of Transportation 
and the Secretary of the Interior may in-