‘‘§ 167. National orphan highways program 
‘‘(a) GRANTS AND TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants and provide technical assistance to States 
and units of local government to— 
‘‘(A) perform preventive maintenance on or 
carry out projects for resurfacing, restoration, 
reconstruction, and rehabilitation of an orphan 
highway; and 
‘‘(B) rehabilitate, repair, or construct side-
walks, medians, bike lanes, traffic-calming de-
vices, signaling, or signs to enhance community 
livability on or adjacent to an orphan highway. 
‘‘(2) PRIORITY.—In making grants under this 
section, the Secretary shall give priority to projects 
that— 
‘‘(A) include rehabilitation measures that 
focus on pedestrian safety; 
‘‘(B) are coordinated with State and local 
adopted preservation or development plans; 
‘‘(C) promote cost-effective and strategic 
investments in transportation infrastructure fa-
cilities that minimize adverse impacts on the 
environment; 
‘‘(D) promote innovative private sector 
strategies; 
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‘‘(E) foster public-private partnerships; 
‘‘(F) include a higher percentage of State 
or locally matched funds; 
‘‘(G) have zoning designations that support 
more intensive, mixed-use development along 
part or all of the route; or 
‘‘(H) upon completion, will result in the 
transfer of ongoing management and adminis-
trative responsibilities from the State to the 
local jurisdiction. 
‘‘(3) DISTRIBUTION OF FUNDS.—The Secretary 
shall allocate funds made available for this section 
for fiscal years 2010 through 2015 among the grant 
recipients, using the latest available census data, as 
follows: 
‘‘(A) Not less than 20 percent of the funds 
shall used for making grants to units of local 
government with a population between 50,000 
and 250,000 residents. 
‘‘(B) Not less than 50 percent of the funds 
shall be used for making grants to units of local 
government with a population of less than 
50,000. 
‘‘(b) SAVINGS CLAUSE.—The Secretary shall not 
withhold any grant or impose any requirement on a grant 
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recipient as a condition of providing a grant or technical 
assistance for any orphan highway unless the requirement 
is consistent with the authority provided in this chapter. 
‘‘(c) FEDERAL SHARE.—The Federal share of the 
cost of carrying out a project under this section shall be 
determined in accordance with section 120, except that, 
in the case of an orphan highway that provides access to 
or within Federal or Indian land, the head of a Federal 
land management agency may use funds authorized for 
such agency for the non-Federal share. 
‘‘(d) ADMINISTRATIVE OVERSIGHT.—A grant recipi-
ent may use not more than 2 percent of funds received 
under this section for administrative costs. 
‘‘(e) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ORPHAN
HIGHWAY.—The term ‘orphan 
highway’ means a highway that— 
‘‘(A) is or was formerly a United States 
numbered highway; 
‘‘(B) is located within the boundaries of a 
unit of local government; 
‘‘(C) is no longer a principal route for traf-
fic passing through the State after construction 
of a bypass or Interstate System route; 
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‘‘(D) currently functions as a county, par-
ish, or city arterial or collector route, or pro-
vides access to or within Federal or tribal lands; 
and 
‘‘(E) because of decreased importance to 
statewide transportation, has received only rou-
tine maintenance but needs significant resur-
facing, restoration, reconstruction, or rehabilita-
tion. 
‘‘(2) UNIT OF LOCAL GOVERNMENT.—The term 
‘unit of local government’ means— 
‘‘(A) any city, county, township, town, bor-
ough, parish, village, or other general purpose 
political subdivision of a State; 
‘‘(B) any law enforcement district or judi-
cial enforcement district that— 
‘‘(i) is established under applicable 
State law; and 
‘‘(ii) has the authority to, in a manner 
independent of other State entities, estab-
lish a budget and impose taxes; 
‘‘(C) an Indian tribe, as that term is de-
fined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 
450b); or 
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‘‘(D) for the purposes of assistance eligi-
bility, any agency of the government of the Dis-
trict of Columbia or the Federal Government 
that performs law enforcement functions in and 
for— 
‘‘(i) the District of Columbia; or 
‘‘(ii) any Trust Territory of the 
United States. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section $600,000,000 for each of fiscal years 2010 
through 2015.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by adding at the end the fol-
lowing: 
‘‘167. National orphan highways program.’’. 
Æ 
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