H. R. 3—16
of the programs that are allocated by the Secretary under 
this Act and title 23, United States Code (other than to pro-
grams to which paragraph (1) applies), by multiplying—
(A) the ratio determined under paragraph (3); by 
(B) the amounts authorized to be appropriated for each 
such program for the fiscal year; and 
(6) shall distribute the obligation authority provided by 
subsection (a), less the aggregate amounts not distributed under 
paragraphs (1) and (2) and the amounts distributed under 
paragraphs (4) and (5), for Federal-aid highway and highway 
safety construction programs (other than the amounts appor-
tioned for the equity bonus program, but only to the extent 
that the amounts apportioned for the equity bonus program 
for the fiscal year are greater than $2,639,000,000, and the 
Appalachian development highway system program) that are 
apportioned by the Secretary under this Act and title 23, United 
States Code, in the ratio that—
(A) amounts authorized to be appropriated for the pro-
grams that are apportioned to each State for the fiscal 
year; bear to 
(B) the total of the amounts authorized to be appro-
priated for the programs that are apportioned to all States 
for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not-
withstanding subsection (c), the Secretary shall, after August 1 
of each of fiscal years 2005 through 2009—
(1) revise a distribution of the obligation authority made 
available under subsection (c) if an amount distributed cannot 
be obligated during that fiscal year; and 
(2) redistribute sufficient amounts to those States able 
to obligate amounts in addition to those previously distributed 
during that fiscal year, giving priority to those States having 
large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR-
TATION RESEARCH PROGRAMS.—
(1) IN
GENERAL.—Except as provided in paragraph (2), 
obligation limitations imposed by subsection (a) shall apply 
to contract authority for transportation research programs car-
ried out under—
(A) chapter 5 of title 23, United States Code; and 
(B) title V (research title) of this Act. 
(2) EXCEPTION.—Obligation authority made available under 
paragraph (1) shall—
(A) remain available for a period of 3 fiscal years; 
and 
(B) be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and high-
way safety construction programs for future fiscal years. 
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date 
of distribution of obligation authority under subsection (c) for 
each of fiscal years 2005 through 2009, the Secretary shall 
distribute to the States any funds that—
(A) are authorized to be appropriated for the fiscal 
year for Federal-aid highway programs; and
H. R. 3—17
(B) the Secretary determines will not be allocated to 
the States, and will not be available for obligation, in 
the fiscal year due to the imposition of any obligation 
limitation for the fiscal year. 
(2) RATIO.—Funds shall be distributed under paragraph 
(1) in the same ratio as the distribution of obligation authority 
under subsection (c)(6). 
(3) AVAILABILITY.—Funds distributed under paragraph (1) 
shall be available for any purpose described in section 133(b) 
of title 23, United States Code. 
(g) 
SPECIAL
LIMITATION
CHARACTERISTICS.—Obligation 
authority distributed for a fiscal year under subsection (c)(4) for 
the provision specified in subsection (c)(4) shall—
(1) remain available until used for obligation of funds for 
that provision; and 
(2) be in addition to the amount of any limitation imposed 
on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years. 
(h) ADJUSTMENT IN OBLIGATION LIMIT.—
(1) IN GENERAL.—Subject to the last sentence of section 
110(a)(2) of title 23, United States Code, a limitation on obliga-
tions imposed by subsection (a) for a fiscal year shall be 
adjusted by an amount equal to the amount determined in 
accordance with section 251(b)(1)(B) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 
901(b)(1)(B)) for the fiscal year. 
(2) DISTRIBUTION.—An adjustment under paragraph (1) 
shall be distributed in accordance with this section. 
(i) SPECIAL RULE FOR FISCAL YEAR 2005.—
(1) IN GENERAL.—Obligation authority distributed under 
subsection (c)(4) for fiscal year 2005 for sections 1301, 1302, 
and 1934 of this Act and sections 117 and 144(g) of title 
23, United States Code, may be used in fiscal year 2005 for 
purposes of obligation authority distributed under subsection 
(c)(6). 
(2) RESTORATION.—Obligation authority used as described 
in paragraph (1) shall be restored to the original purpose on 
the date on which obligation authority is distributed under 
this section for fiscal year 2006. 
(j) HIGH PRIORITY PROJECT FLEXIBILITY.—
(1) IN
GENERAL.—Subject to paragraph (2), obligation 
authority distributed for a fiscal year under subsection (c)(4) 
for each project numbered 1 through 3676 listed in the table 
contained in section 1702 of this Act may be obligated for 
any other project in such section in the same State. 
(2) RESTORATION.—Obligation authority used as described 
in paragraph (1) shall be restored to the original purpose on 
the date on which obligation authority is distributed under 
this section for the next fiscal year following obligation under 
paragraph (1). 
(k) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to limit the distribution of obligation 
authority under subsection (c)(4)(A) for each of the individual 
projects numbered greater than 3676 listed in the table contained 
in section 1702 of this Act.
H. R. 3—18
SEC. 1103. APPORTIONMENTS. 
(a) ADMINISTRATIVE EXPENSES.—
(1) IN GENERAL.—Section 104(a) of title 23, United States 
Code, is amended to read as follows: 
‘‘(a) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to be made available to the Secretary for administra-
tive expenses of the Federal Highway Administration—
‘‘(A) $353,024,000 for fiscal year 2005; 
‘‘(B) $370,613,540 for fiscal year 2006; 
‘‘(C) $389,079,500 for fiscal year 2007; 
‘‘(D) $408,465,500 for fiscal year 2008; and 
‘‘(E) $423,717,460 for fiscal year 2009. 
‘‘(2) PURPOSES.—The funds authorized by this subsection 
shall be used—
‘‘(A) to administer the provisions of law to be financed 
from appropriations for the Federal-aid highway program 
and programs authorized under chapter 2; and 
‘‘(B) to make transfers of such sums as the Secretary 
determines to be appropriate to the Appalachian Regional 
Commission for administrative activities associated with 
the Appalachian development highway system. 
‘‘(3) AVAILABILITY.—The funds made available under para-
graph (1) shall remain available until expended.’’. 
(2) CONFORMING AMENDMENTS.—Section 104 of such title 
is amended—
(A) in the matter preceding paragraph (1) of subsection 
(b), by striking ‘‘the deduction authorized by subsection 
(a) and the set-aside authorized by subsection (f)’’ and 
inserting ‘‘the set-asides authorized by subsections (d) and 
(f) and section 130(e)’’; 
(B) in the first sentence of subsection (e)(1), by striking 
‘‘, and also’’ and all that follows through ‘‘this section’’; 
and 
(C) in subsection (i), by striking ‘‘deducted’’ and 
inserting ‘‘made available’’. 
(b) ALASKA HIGHWAY.—Section 104(b)(1)(A) of such title is 
amended by striking ‘‘$18,800,000 for each of fiscal years 1998 
through 2002’’ and inserting ‘‘$30,000,000 for each of fiscal years 
2005 through 2009’’. 
(c) 
NATIONAL
HIGHWAY
SYSTEM
COMPONENT.—Section 
104(b)(1)(A) of such title is amended by striking ‘‘$36,400,000 for 
each fiscal year’’ and inserting ‘‘$40,000,000 for each of fiscal years 
2005 and 2006 and $50,000,000 for each of fiscal years 2007 through 
2009’’. 
(d) CMAQ APPORTIONMENT.—Section 104(b)(2) of such title is 
amended—
(1) in subparagraph (B)—
(A) by striking clause (i) and inserting the following: 
‘‘(i) 1.0 if, at the time of apportionment, the area 
is a maintenance area;’’; 
(B) by striking ‘‘or’’ at the end of clause (vi); 
(C) by striking the period at the end of clause (vii) 
and inserting ‘‘; or’’; and 
(D) by adding at the end the following:
H. R. 3—19
‘‘(viii) 1.0 if, at the time of apportionment, an 
area is designated as nonattainment for ozone under 
subpart 1 of part D of title I of such Act (42 U.S.C. 
7512 et seq.).’’; and 
(2) by striking subparagraph (C) and inserting the fol-
lowing: 
‘‘(C) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE 
AREAS.—If, in addition to being designated as a nonattain-
ment or maintenance area for ozone as described in section 
149(b), any county within the area was also classified under 
subpart 3 of part D of title I of the Clean Air Act (42 
U.S.C. 7512 et seq.) as a nonattainment or maintenance 
area described in section 149(b) for carbon monoxide, the 
weighted nonattainment or maintenance area population 
of the county, as determined under clauses (i) through 
(vi) or clause (viii) of subparagraph (B), shall be further 
multiplied by a factor of 1.2.’’. 
(e) REPORT.—Section 104(j) of such title is amended by striking 
‘‘submit to Congress a report’’ and inserting ‘‘submit to Congress 
a report, and also make such report available to the public in 
a user-friendly format via the Internet,’’. 
(f) OPERATION LIFESAVER.—Section 104(d) of such title is 
amended—
(1) by striking paragraph (1) and all that follows through 
the period at the end of paragraph (2)(A) and inserting the 
following: 
‘‘(1) OPERATION LIFESAVER.—To carry out a public informa-
tion and education program to help prevent and reduce motor 
vehicle accidents, injuries, and fatalities and to improve driver 
performance at railway-highway crossings—
‘‘(A) before making an apportionment under subsection 
(b)(3) for fiscal year 2005, the Secretary shall set aside 
$560,000 for such fiscal year; and 
‘‘(B) there is authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Account) 
$560,000 for each of fiscal years 2006 through 2009. 
‘‘(2) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN 
HIGH SPEED RAIL CORRIDORS.—
‘‘(A) FUNDING.—To carry out the elimination of hazards 
at railway-highway crossings—
‘‘(i) before making an apportionment under sub-
section (b)(3) for fiscal year 2005, the Secretary shall 
set aside $5,250,000 for such fiscal year; and 
‘‘(ii) there is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit 
Account) $7,250,000 for fiscal year 2006, $10,000,000 
for fiscal year 2007, $12,500,000 for fiscal year 2008, 
and $15,000,000 for fiscal year 2009.’’; and 
(2) in paragraph (2)(E)—
(A) by striking ‘‘Not less than $250,000 of such set-
aside’’ and inserting ‘‘Of such set-aside, not less than 
$250,000 for fiscal year 2005, $1,000,000 for fiscal year 
2006, $1,750,000 for fiscal year 2007, $2,250,000 for fiscal 
year 2008, and $3,000,000 for fiscal year 2009’’; and 
(B) by striking ‘‘per fiscal year’’.
H. R. 3—20
SEC. 1104. EQUITY BONUS PROGRAM. 
(a) IN GENERAL.—Section 105 of title 23, United States Code, 
is amended to read as follows: 
‘‘§ 105. Equity bonus program 
‘‘(a) PROGRAM.—
‘‘(1) IN GENERAL.—Subject to subsections (c) and (d), for 
each of fiscal years 2005 through 2009, the Secretary shall 
allocate among the States amounts sufficient to ensure that 
no State receives a percentage of the total apportionments 
for the fiscal year for the programs specified in paragraph 
(2) that is less than the percentage calculated under subsection 
(b). 
‘‘(2) SPECIFIC PROGRAMS.—The programs referred to in sub-
section (a) are—
‘‘(A) the Interstate maintenance program under section 
119; 
‘‘(B) the national highway system program under sec-
tion 103; 
‘‘(C) the highway bridge replacement and rehabilitation 
program under section 144; 
‘‘(D) the surface transportation program under section 
133; 
‘‘(E) the highway safety improvement program under 
section 148; 
‘‘(F) the congestion mitigation and air quality improve-
ment program under section 149; 
‘‘(G) metropolitan planning programs under section 
104(f); 
‘‘(H) the high priority projects program under section 
117; 
‘‘(I) the equity bonus program under this section; 
‘‘(J) the Appalachian development highway system pro-
gram under subtitle IV of title 40; 
‘‘(K) the recreational trails program under section 206; 
‘‘(L) the safe routes to school program under section 
1404 of the SAFETEA–LU; 
‘‘(M) the rail-highway grade crossing program under 
section 130; and 
‘‘(N) the coordinated border infrastructure program 
under section 1303 of the SAFETEA–LU. 
‘‘(b) STATE PERCENTAGE.—
‘‘(1) IN GENERAL.—The percentage referred to in subsection 
(a) for each State shall be—
‘‘(A) for each of fiscal years 2005 and 2006, 90.5 per-
cent, for fiscal year 2007, 91.5 percent, and for each of 
fiscal years 2008 and 2009, 92 percent, of the quotient 
obtained by dividing—
‘‘(i) the estimated tax payments attributable to 
highway users in the State paid into the Highway 
Trust Fund (other than the Mass Transit Account) 
in the most recent fiscal year for which data are avail-
able; by 
‘‘(ii) the estimated tax payments attributable to 
highway users in all States paid into the Highway 
Trust Fund (other than the Mass Transit Account) 
for the fiscal year; or
H. R. 3—21
‘‘(B) for a State with a total population density of 
less than 40 persons per square mile (as reported in the 
decennial census conducted by the Federal Government 
in 2000) and of which at least 1.25 percent of the total 
acreage is under Federal jurisdiction, based on the report 
of the General Services Administration entitled ‘Federal 
Real Property Profile’ and dated September 30, 2004, a 
State with a total population of less than 1,000,000 (as 
reported in that decennial census), a State with a median 
household income of less than $35,000 (as reported in that 
decennial census), a State with a fatality rate during 2002 
on Interstate highways that is greater than one fatality 
for each 100,000,000 vehicle miles traveled on Interstate 
highways, or a State with an indexed, State motor fuels 
excise tax rate higher than 150 percent of the Federal 
motor fuels excise tax rate as of the date of enactment 
of the SAFETEA–LU, the greater of—
‘‘(i) the applicable percentage under subparagraph 
(A); or 
‘‘(ii) the average percentage of the State’s share 
of total apportionments for the period of fiscal years 
1998 through 2003 for the programs specified in para-
graph (2). 
‘‘(2) SPECIFIC
PROGRAMS.—The programs referred to in 
paragraph (1)(B)(ii) are (as in effect on the day before the 
date of enactment of the SAFETEA–LU)—
‘‘(A) the Interstate maintenance program under section 
119; 
‘‘(B) the national highway system program under sec-
tion 103; 
‘‘(C) the highway bridge replacement and rehabilitation 
program under section 144; 
‘‘(D) the surface transportation program under section 
133; 
‘‘(E) the recreational trails program under section 206; 
‘‘(F) the high priority projects program under section 
117; 
‘‘(G) the minimum guarantee provided under this sec-
tion; 
‘‘(H) revenue aligned budget authority amounts pro-
vided under section 110; 
‘‘(I) the congestion mitigation and air quality improve-
ment program under section 149; 
‘‘(J) the Appalachian development highway system pro-
gram under subtitle IV of title 40; and 
‘‘(K) metropolitan planning programs under section 
104(f). 
‘‘(c) SPECIAL RULES.—
‘‘(1) MINIMUM COMBINED ALLOCATION.—For each fiscal year, 
before making the allocations under subsection (a)(1), the Sec-
retary shall allocate among the States amounts sufficient to 
ensure that no State receives a combined total of amounts 
allocated under subsection (a)(1), apportionments for the pro-
grams specified in subsection (a)(2), and amounts allocated 
under this subsection, that is less than the following percent-
ages of the average for fiscal years 1998 through 2003 of
H. R. 3—22
the annual apportionments for the State for all programs speci-
fied in subsection (b)(2): 
‘‘(A) For fiscal year 2005, 117 percent. 
‘‘(B) For fiscal year 2006, 118 percent. 
‘‘(C) For fiscal year 2007, 119 percent. 
‘‘(D) For fiscal year 2008, 120 percent. 
‘‘(E) For fiscal year 2009, 121 percent. 
‘‘(2) NO NEGATIVE ADJUSTMENT.—No negative adjustment 
shall be made under subsection (a)(1) to the apportionment 
of any State. 
‘‘(d) TREATMENT OF FUNDS.—
‘‘(1) PROGRAMMATIC
DISTRIBUTION.—The Secretary shall 
apportion the amounts made available under this section that 
exceed $2,639,000,000 so that the amount apportioned to each 
State under this paragraph for each program referred to in 
subparagraphs (A) through (F) of subsection (a)(2) is equal 
to the amount determined by multiplying the amount to be 
apportioned under this paragraph by the ratio that—
‘‘(A) the amount of funds apportioned to each State 
for each program referred to in subparagraphs (A) through 
(F) of subsection (a)(2) for a fiscal year; bears to 
‘‘(B) the total amount of funds apportioned to such 
State for all such programs for such fiscal year. 
‘‘(2) REMAINING DISTRIBUTION.—The Secretary shall admin-
ister the remainder of funds made available under this section 
to the States in accordance with section 104(b)(3), except that 
paragraphs (1) through (3) of section 133(d) shall not apply 
to amounts administered pursuant to this paragraph. 
‘‘(e) METRO PLANNING SET ASIDE.—Notwithstanding section 
104(f), no set aside provided for under that section shall apply 
to funds allocated under this section. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) such sums as are necessary to carry out 
this section for each of fiscal years 2005 through 2009.’’. 
(b) CLERICAL AMENDMENT.—The analysis for subchapter I of 
chapter 1 of such title is amended by striking the item relating 
to section 105 and inserting the following:
‘‘105. Equity bonus program.’’.
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY. 
(a) ALLOCATION.—Section 110(a)(1) of title 23, United States 
Code, is amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2007’’; 
(2) by inserting after ‘‘such fiscal year’’ the first place 
it appears: ‘‘and the succeeding fiscal year’’. 
(b) REDUCTION.—Section 110(a)(2) of such title is amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2007’’; 
(2) by striking ‘‘October 1 of the succeeding’’ and inserting 
‘‘October 15 of such’’; 
(3) by inserting after ‘‘Account)’’ the following: ‘‘for such 
fiscal year and the succeeding fiscal year’’; and 
(4) by adding at the end the following: ‘‘No reduction under 
this paragraph and no reduction under section 1102(h), and 
no reduction under title VIII or any amendment made by 
title VIII, of the SAFETEA–LU shall be made for a fiscal 
year if, as of October 1 of such fiscal year the balance in
H. R. 3—23
the Highway Trust Fund (other than the Mass Transit Account) 
exceeds $6,000,000,000.’’. 
(c) GENERAL DISTRIBUTION.—Section 110(b)(1)(A) of such title 
is amended—
(1) by striking ‘‘minimum guarantee’’ and inserting ‘‘equity 
bonus’’; and 
(2) by striking ‘‘Transportation Equity Act for the 21st 
Century’’ and inserting ‘‘SAFETEA–LU’’. 
(d) ADDITION OF HIGHWAY SAFETY IMPROVEMENT PROGRAM.—
Section 110(c) of such title is amended by inserting ‘‘the highway 
safety improvement program,’’ after ‘‘the surface transportation pro-
gram,’’. 
(e) TECHNICAL AMENDMENT.—Section 110(b)(1)(A) of such title 
is amended by striking ‘‘for’’ the second place it appears. 
(f) SPECIAL RULE.—If the amount available pursuant to section 
110 of title 23, United States Code, for fiscal year 2007 is greater 
than zero, the Secretary shall—
(1) determine the total amount necessary to increase each 
State’s rate of return (as determined under section 105(b)(1)(A) 
of title 23, United States Code) to 92 percent, excluding 
amounts provided under this paragraph; 
(2) allocate to each State the lesser of—
(A) the amount computed for that State under para-
graph (1); or 
(B) an amount determined by multiplying the total 
amount calculated under section 110 of title 23, United 
States Code, for fiscal year 2007 by the ratio that—
(i) the amount determined for such State under 
paragraph (1); bears to 
(ii) the total amount computed for all States in 
paragraph (1); and 
(3) allocate amounts remaining in excess of the amounts 
allocated in paragraph (2) to all States in accordance with 
section 110 of title 23, United States Code. 
SEC. 1106. FUTURE INTERSTATE SYSTEM ROUTES. 
(a) EXTENSION OF DATE.—Section 103(c)(4)(B)(ii) of title 23, 
United States Code, is amended by striking ‘‘12’’ and inserting 
‘‘25’’. 
(b) REMOVAL OF DESIGNATION.—Section 103(c)(4)(B)(iii) of such 
title is amended—
(1) in subclause (I) by striking ‘‘in the agreement between 
the Secretary and the State or States’’; and 
(2) by adding at the end the following: 
‘‘(III) EXISTING AGREEMENTS.—An agreement 
described in clause (ii) that is entered into before 
the date of enactment of this subclause shall be 
deemed to include the 25-year time limitation 
described in that clause, regardless of any earlier 
construction completion date in the agreement.’’. 
SEC. 1107. METROPOLITAN PLANNING. 
Section 104(f) of title 23, United States Code, is amended—
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) SET-ASIDE.—On October 1 of each fiscal year, the Sec-
retary shall set aside 1.25 percent of the funds authorized 
to be appropriated for the Interstate maintenance, national 
highway system, surface transportation, congestion mitigation
H. R. 3—24
and air quality improvement, and highway bridge replacement 
and rehabilitation programs authorized under this title to carry 
out the requirements of section 134.’’; 
(2) in paragraph (2) by striking ‘‘per centum’’ and inserting 
‘‘percent’’; 
(3) in paragraph (3)—
(A) by striking ‘‘The funds’’ and inserting the following: 
‘‘(A) IN GENERAL.—The funds’’; and 
(B) by striking ‘‘These funds’’ and all that follows and 
inserting the following: 
‘‘(B) UNUSED
FUNDS.—Any funds that are not used 
to carry out section 134 may be made available by a metro-
politan planning organization to the State to fund activities 
under section 135.’’; and 
(4) in paragraph (4)—
(A) by striking ‘‘The distribution’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The distribution’’; and 
(B) by adding at the end the following: 
‘‘(B) REIMBURSEMENT.—Not later than 30 days after 
the date of receipt by a State of a request for reimburse-
ment of expenditures made by a metropolitan planning 
organization for carrying out section 134, the State shall 
reimburse, from funds distributed under this paragraph 
to the metropolitan planning organization by the State, 
the metropolitan planning organization for those expendi-
tures.’’. 
SEC. 1108. TRANSFER OF HIGHWAY AND TRANSIT FUNDS. 
Section 104(k) of title 23, United States Code, is amended 
to read as follows: 
‘‘(k) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—
‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), funds 
made available for transit projects or transportation plan-
ning under this title may be transferred to and adminis-
tered by the Secretary in accordance with chapter 53 of 
title 49. 
‘‘(B) NON-FEDERAL SHARE.—The provisions of this title 
relating to the non-Federal share shall apply to the funds 
transferred under subparagraph (A). 
‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), funds 
made available for highway projects or transportation plan-
ning under chapter 53 of title 49 may be transferred to 
and administered by the Secretary in accordance with this 
title. 
‘‘(B) NON-FEDERAL SHARE.—The provisions of chapter 
53 of title 49 relating to the non-Federal share shall apply 
to funds transferred under subparagraph (A). 
‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL 
HIGHWAY ADMINISTRATION.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 
(C), the Secretary may, at the request of a State, transfer 
funds apportioned or allocated under this title to the State 
to another State, or to the Federal Highway Administra-
tion, for the purpose of funding one or more projects that
H. R. 3—25
are eligible for assistance with funds so apportioned or 
allocated. 
‘‘(B) APPORTIONMENT.—The transfer shall have no 
effect on any apportionment of funds to a State under 
this section or section 105 or 144. 
‘‘(C) SURFACE TRANSPORTATION PROGRAM.—Funds that 
are apportioned or allocated to a State under subsection 
(b)(3) and attributed to an urbanized area of a State with 
a population of over 200,000 individuals under section 
133(d)(3) may be transferred under this paragraph only 
if the metropolitan planning organization designated for 
the area concurs, in writing, with the transfer request. 
‘‘(4) TRANSFER
OF
OBLIGATION
AUTHORITY.—Obligation 
authority for funds transferred under this subsection shall be 
transferred in the same manner and amount as the funds 
for the projects that are transferred under this subsection.’’. 
SEC. 1109. RECREATIONAL TRAILS. 
(a) RECREATIONAL TRAILS PROGRAM FORMULA.—Section 104(h) 
of title 23, United States Code, is amended—
(1) in paragraph (1) by striking the first sentence and 
inserting the following: ‘‘Before apportioning sums authorized 
to be appropriated to carry out the recreational trails program 
under section 206, the Secretary shall deduct for administra-
tive, research, technical assistance, and training expenses for 
such program $840,000 for each of fiscal years 2005 through 
2009.’’; and 
(2) in paragraph (2) by striking ‘‘After’’ and all that follows 
through ‘‘remainder of the sums’’ and inserting ‘‘The Secretary 
shall apportion the sums’’. 
(b) PERMISSIBLE
USES.—Section 206(d)(2) of such title is 
amended to read as follows: 
‘‘(2) PERMISSIBLE USES.—Permissible uses of funds appor-
tioned to a State for a fiscal year to carry out this section 
include—
‘‘(A) maintenance and restoration of existing rec-
reational trails; 
‘‘(B) development and rehabilitation of trailside and 
trailhead facilities and trail linkages for recreational trails; 
‘‘(C) purchase and lease of recreational trail construc-
tion and maintenance equipment; 
‘‘(D) construction of new recreational trails, except that, 
in the case of new recreational trails crossing Federal lands, 
construction 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 U.S.C. 460l–4 et seq.) and that is in effect; 
‘‘(iii) approved by the administering agency of the 
State designated under subsection (c)(1); and 
‘‘(iv) approved by each Federal agency having juris-
diction over the affected lands under such terms and 
conditions as the head of the Federal agency deter-
mines to be appropriate, except that the approval shall 
be contingent on compliance by the Federal agency 
with all applicable laws, including the National
H. R. 3—26
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the Forest and Rangeland Renewable Resources 
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 simple title to 
property for recreational trails or recreational trail cor-
ridors; 
‘‘(F) assessment of trail conditions for accessibility and 
maintenance; 
‘‘(G) development and dissemination of publications 
and operation of educational programs to promote safety 
and environmental protection, (as those objectives relate 
to one or more of the use of recreational trails, supporting 
non-law enforcement trail safety and trail use monitoring 
patrol programs, and providing trail-related training), 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 incurred in admin-
istering the program, but in an amount not to exceed 
7 percent of the apportionment made to the State for the 
fiscal year.’’. 
(c) USE OF APPORTIONMENTS.—Section 206(d)(3) of such title 
is amended—
(1) by striking subparagraph (C); 
(2) by redesignating subparagraph (D) as subparagraph 
(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 adminis-
trative costs of a State’’ after ‘‘project’’; and 
(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 accordance with section 
120(b) for’’; 
(3) in paragraph (2)(B) by inserting ‘‘sponsoring the project’’ 
after ‘‘Federal agency’’; 
(4) by striking paragraph (5); 
(5) by redesignating paragraph (4) as paragraph (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 following: 
‘‘(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—
‘‘(A) expended in accordance with the requirements 
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.’’.
H. R. 3—27
(e) 
PLANNING
AND
ENVIRONMENTAL
ASSESSMENT
COSTS 
INCURRED PRIOR TO PROJECT APPROVAL.—Section 206(h)(1) of such 
title is amended by adding at the end the following: 
‘‘(C) PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS 
INCURRED
PRIOR
TO
PROJECT
APPROVAL.—The Secretary 
may allow preapproval planning and environmental compli-
ance costs to be credited toward the non-Federal share 
of the cost of a project described in subsection (d)(2) (other 
than subparagraph (H)) in accordance with subsection (f), 
limited to costs incurred less than 18 months prior to 
project approval.’’. 
(f) ENCOURAGEMENT
OF USE
OF YOUTH CONSERVATION
OR 
SERVICE CORPS.—The Secretary shall encourage the States to enter 
into contracts and cooperative agreements with qualified youth 
conservation or service corps to perform construction and mainte-
nance of recreational trails under section 206 of title 23, United 
States Code. 
SEC. 1110. 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 CROSSINGS AND DRAW-
BRIDGES.—No funds’’; and 
(2) by adding at the end the following: 
‘‘(2) TEMPORARY TRAFFIC CONTROL DEVICES.—No funds shall 
be approved for expenditure on any Federal-aid highway, or 
highway affected under chapter 2, unless proper temporary 
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 Devices.’’. 
(b) LETTING
OF CONTRACTS.—Section 112 of such title is 
amended—
(1) by striking subsection (f); 
(2) by redesignating subsection (g) as subsection (f); and 
(3) by adding at the end the following: 
‘‘(g) TEMPORARY TRAFFIC CONTROL DEVICES.—
‘‘(1) ISSUANCE OF REGULATIONS.—The Secretary, after con-
sultation with appropriate Federal and State officials, shall 
issue regulations establishing the conditions for the appropriate 
use of, and expenditure of funds for, uniformed law enforcement 
officers, positive protective measures between workers and 
motorized traffic, and installation and maintenance of tem-
porary 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 uni-
formed law enforcement officers, positive protective meas-
ures between workers and motorized traffic, and installa-
tion and maintenance of temporary traffic control devices 
during construction, utility, and maintenance operations; 
and
H. R. 3—28
‘‘(B) incorporate such pay items into contract provisions 
to be included in each contract entered into by the State 
with respect to a highway project to ensure compliance 
with section 109(e)(2). 
‘‘(3) LIMITATION.—Nothing in the regulations shall prohibit 
a State from implementing standards that are more stringent 
than those required under the regulations. 
‘‘(4) POSITIVE PROTECTIVE MEASURES DEFINED.—In this sub-
section, the term ‘positive protective measures’ means tem-
porary traffic barriers, crash cushions, and other strategies 
to avoid traffic accidents in work zones, including full road 
closures.’’. 
(c) CLARIFICATION OF DATE.—Section 109(g) of such title is 
amended in the first sentence by striking ‘‘The Secretary’’ and 
all that follows through ‘‘of 1970’’ and inserting ‘‘Not later than 
January 30, 1971, the Secretary shall issue’’. 
SEC. 1111. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS. 
(a) IN GENERAL.—Section 118(c)(1) of title 23, United States 
Code, is amended by striking ‘‘$50,000,000’’ and all that follows 
through ‘‘2003’’ and inserting ‘‘$100,000,000 for each of fiscal years 
2005 through 2009’’. 
(b) TECHNICAL AMENDMENTS.—
(1) SECTION 116.—Section 116(b) of such title is amended 
by striking ‘‘highway department’’ and inserting ‘‘transportation 
department’’. 
(2) SECTION 120.—Section 120(e) of such title is amended 
in the first sentence by striking ‘‘such system’’ and inserting 
‘‘such highway’’. 
(3) SECTION 127.—Section 127(a) of such title is amended 
by striking ‘‘118(b)(1)’’ and inserting ‘‘118(b)(2)’’. 
(4) BICYCLE
AND
PEDESTRIAN
SAFETY
GRANTS.—Section 
1212(i) of the Transportation Equity 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. 
SEC. 1112. EMERGENCY RELIEF. 
There are authorized to be appropriated for each fiscal year 
such sums as may be necessary for allocations by the Secretary 
described in subsections (a) and (b) of section 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. 1113. SURFACE TRANSPORTATION PROGRAM. 
(a) PROGRAM ELIGIBILITY.—Section 133(b) of title 23, United 
States Code, is amended—
(1) in paragraph (6) by inserting ‘‘, including advanced 
truck stop electrification systems’’ before the period at the 
end; and 
(2) by inserting after paragraph (11) the following: 
‘‘(12) Projects relating to intersections that—
‘‘(A) have disproportionately high accident rates; 
‘‘(B) have high levels of congestion, as evidenced by—
‘‘(i) interrupted traffic flow at the intersection; and
H. R. 3—29
‘‘(ii) a level of service rating that is not better 
than ‘F’ during peak travel hours, calculated in accord-
ance with the Highway Capacity Manual issued by 
the Transportation Research Board; and 
‘‘(C) are located on a Federal-aid highway.’’. 
(b) REPEAL OF SAFETY PROGRAMS SET-ASIDE.—
(1) REPEAL.—Section 133(d)(1) of such title is repealed. 
(2) TECHNICAL AMENDMENTS.—Section 133(d) of such title 
is amended—
(A) in the first sentence of paragraph (3)(A)—
(i) by striking ‘‘subparagraphs (C) and (D)’’ and 
inserting ‘‘subparagraph (C)’’; and 
(ii) by striking ‘‘80 percent’’ and inserting ‘‘90 per-
cent’’; 
(B) in paragraph (3)(B) by striking ‘‘tobe’’ and inserting 
‘‘to be’’; and 
(C) in paragraph (3)—
(i) by striking subparagraph (C); 
(ii) by redesignating subparagraphs (D) and (E) 
as subparagraphs (C) and (D), respectively; and 
(iii) in subparagraph (C) (as redesignated by clause 
(ii)) by adding a period at the end. 
(3) EFFECTIVE
DATE.—Paragraph (1) and paragraph 
(2)(A)(ii) of this subsection shall take effect October 1, 2005. 
(c) 
TRANSPORTATION
ENHANCEMENT
ACTIVITIES.—Effective 
October 1, 2005, section 133(d)(2) of such title is amended by 
striking ‘‘10 percent’’ and all that follows through ‘‘section 104(b)(3) 
for a fiscal year’’ and inserting the following: ‘‘In a fiscal year, 
the greater of 10 percent of the funds apportioned to a State 
under section 104(b)(3) for such fiscal year, or the amount set 
aside under this paragraph with respect to the State for fiscal 
year 2005,’’. 
(d) OBLIGATION AUTHORITY.—Section 133(f)(1) of such title is 
amended—
(1) by striking ‘‘1998 through 2000’’ and inserting ‘‘2004 
through 2006’’; and 
(2) by striking ‘‘2001 through 2003’’ and inserting ‘‘2007 
through 2009’’. 
(e) TECHNICAL CORRECTION.—Effective June 9, 1998, section 
1108(e) of the Transportation Equity Act for the 21st Century 
(112 Stat. 140) is amended by striking ‘‘Section 133’’ and inserting 
‘‘Section 133(f)’’. 
SEC. 1114. HIGHWAY BRIDGE PROGRAM. 
(a) FINDING
AND DECLARATION.—Section 144(a) of title 23, 
United States Code, is amended to read as follows: 
‘‘(a) FINDING AND DECLARATION.—Congress finds and declares 
that it is in the vital interest of the United States that a highway 
bridge program be carried out to enable States to improve the 
condition of their highway bridges over waterways, other topo-
graphical barriers, other highways, and railroads through replace-
ment and rehabilitation of bridges that the States and the Secretary 
determine are structurally deficient or functionally obsolete and 
through systematic preventive maintenance of bridges.’’. 
(b) PARTICIPATION.—Section 144(d) of such title is amended 
to read as follows: 
‘‘(d) PARTICIPATION.—