803
(iii) is cost-effective as compared to
alternatives that would meet the con-
formity requirement of paragraph (1).
(3) EXCEPTIONS.—Paragraph (1) shall not
apply to funds used for operation or maintenance of
an intelligent transportation system in existence on
the date of enactment of this Act.
SEC. 5605. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—The Secretary shall carry out a
comprehensive program of intelligent transportation sys-
tem research, development, and operational tests of intel-
ligent vehicles and intelligent infrastructure systems and
other similar activities that are necessary to carry out this
subtitle.
(b) PRIORITY AREAS.—Under the program, the Sec-
retary shall give higher priority to funding projects that—
(1) enhance mobility and productivity through
improved traffic management, incident management,
transit management, freight management, road
weather management, toll collection, traveler infor-
mation, or highway operations systems and remote
sensing products;
(2) utilize interdisciplinary approaches to de-
velop traffic management strategies and tools to ad-
dress multiple impacts of congestion concurrently;
804
(3) enhance safety through improved crash
avoidance and protection, crash and other notifica-
tion, commercial motor vehicle operations, and infra-
structure-based or cooperative safety systems; and
(4) facilitate the integration of intelligent infra-
structure, vehicle, and control technologies.
(c) FEDERAL SHARE.—The Federal share of the cost
of operational tests and demonstrations under subsection
(a) shall not exceed 80 percent.
SEC. 5606. INFRASTRUCTURE DEVELOPMENT.
Funds made available to carry out this subtitle for
operational tests—
(1) shall be used primarily for the development
of intelligent transportation system infrastructure;
and
(2) to the maximum extent practicable, shall
not be used for the construction of physical highway
and public transportation infrastructure unless the
construction is incidental and critically necessary to
the implementation of an intelligent transportation
system project.
SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT
PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
a road weather research and development program to—
805
(1) maximize use of available road weather in-
formation and technologies;
(2) expand road weather research and develop-
ment efforts to enhance roadway safety, capacity,
and efficiency while minimizing environmental im-
pacts; and
(3) promote technology transfer of effective
road weather scientific and technological advances.
(b) STAKEHOLDER INPUT.—In carrying out this sec-
tion, the Secretary shall consult with the National Oceanic
and Atmospheric Administration, the National Science
Foundation, the American Association of State Highway
and Transportation Officials, nonprofit organizations, and
the private sector.
(c) CONTENTS.— The program established under this
section shall solely carry out research and development
called for in the National Research Council’s report enti-
tled ‘‘A Research Agenda for Improving Road Weather
Services’’. Such research and development includes—
(1) integrating existing observational networks
and data management systems for road weather ap-
plications;
(2) improving weather modeling capabilities and
forecast tools, such as the road surface and atmos-
pheric interface;
806
(3) enhancing mechanisms for communicating
road weather information to users, such as transpor-
tation officials and the public; and
(4) integrating road weather technologies into
an information infrastructure.
(d) ACTIVITIES.— In carrying out this section, the
Secretary shall—
(1) enable efficient technology transfer;
(2) improve education and training of road
weather information users, such as State and local
transportation officials and private sector transpor-
tation contractors; and
(3) coordinate with transportation weather re-
search programs in other modes, such as aviation.
(e) FUNDING.—
(1) IN
GENERAL.—In awarding funds under
this section, the Secretary shall give preference to
applications with significant matching funds from
non-Federal sources.
(2) FUNDS
FOR
ROAD
WEATHER
RESEARCH
AND DEVELOPMENT.—Of the amounts made avail-
able by section 5101(a)(5), $4,000,000 shall be
available to carry out this section for each of fiscal
years 2004 through 2009.
807
SEC. 5608. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) INCIDENT.—The term ‘‘incident’’ means a
crash, a natural disaster, workzone activity, special
event, or other emergency road user occurrence that
adversely affects or impedes the normal flow of traf-
fic.
(2) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘intelligent transportation
infrastructure’’ means fully integrated public sector
intelligent transportation system components, as de-
fined by the Secretary.
(3) INTELLIGENT TRANSPORTATION SYSTEM.—
The term ‘‘intelligent transportation system’’ means
electronics, communications, or information proc-
essing used singly or in combination to improve the
efficiency or safety of a surface transportation sys-
tem.
(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework
for interoperability that defines—
(A) the functions associated with intel-
ligent transportation system user services;
(B) the physical entities or subsystems
within which the functions reside;
808
(C) the data interfaces and information
flows between physical subsystems; and
(D) the communications requirements as-
sociated with the information flows.
(5) PROJECT.—The term ‘‘project’’ means a
undertaking to research, develop, or operationally
test intelligent transportation systems or any other
undertaking eligible for assistance under this sub-
title.
(6) STANDARD.—The term ‘‘standard’’ means a
document that—
(A) contains technical specifications or
other precise criteria for intelligent transpor-
tation systems that are to be used consistently
as rules, guidelines, or definitions of character-
istics so as to ensure that materials, products,
processes, and services are fit for their pur-
poses; and
(B) may support the national architecture
and promote—
(i) the widespread use and adoption of
intelligent 
transportation 
system 
tech-
nology as a component of the surface
transportation systems of the United
States; and
809
(ii) interoperability among intelligent
transportation system technologies imple-
mented throughout the States.
(7) STATE.—The term ‘‘State’’ has the mean-
ing given the term under section 101 of title 23,
United States Code.
(8) TRANSPORTATION SYSTEMS MANAGEMENT
AND OPERATIONS.—The term ‘‘transportation sys-
tems management and operations’’ has the meaning
given the term under section 101(a) of such title.
SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICA-
TIONS STUDY.
(a) STUDY.—The Secretary, in cooperation with the
Secretary of Commerce, State departments of transpor-
tation, and other appropriate State, regional, and local of-
ficials, shall conduct a study on feasibility of installing
fiber optic cabling and wireless communication infrastruc-
ture along multistate Interstate System route corridors for
improved communications services to rural communities
along such corridors.
(b) CONTENTS OF STUDY.—In conducting the study,
the Secretary shall identify—
(1) impediments to installation of the infra-
structure 
described 
in 
subsection 
(a) 
along
multistate Interstate System route corridors and to
810
connecting such infrastructure to the rural commu-
nities along such corridors;
(2) the effective geographic range of such infra-
structure;
(3) potential opportunities for the private sector
to fund, wholly or partially, the installation of such
infrastructure;
(4) potential benefits fiber optic cabling and
wireless communication infrastructure may provide
to rural communities along such corridors, including
the effects of the installation of such infrastructure
on economic development, deployment of intelligent
transportation systems technologies and applica-
tions, homeland security precaution and response,
and education and health systems in those commu-
nities;
(5) rural broadband access points for such in-
frastructure;
(6) areas of environmental conflict with such in-
stallation;
(7) real estate ownership issues relating to such
installation;
(8) preliminary design for placement of fiber
optic cable and wireless towers;
811
(9) monetary value of the rights-of-way nec-
essary for such installation;
(10) applicability and transferability of the ben-
efits of such installation to other rural corridors; and
(11) safety and other operational issues associ-
ated with the installation and maintenance of fiber
optic cabling and wire infrastructure within Inter-
state System rights-of-way and other publicly owned
rights-of-way.
(c) CORRIDOR
LOCATIONS.—The study required
under subsection (a) shall be conducted for corridors
along—
(1) Interstate Route I–90 through rural Wis-
consin, southern Minnesota, northern Iowa, and
South Dakota;
(2) Interstate Route I–20 through Alabama,
Mississippi, and northern Louisiana;
(3) Interstate Route I–91 through Vermont,
New Hampshire, and Massachusetts; and
(4) any other rural corridor the Secretary con-
siders appropriate.
(d) FEDERAL SHARE.—The Federal share of the cost
of the study shall be 100 percent.
(e) REPORT TO CONGRESS.—Not later than Sep-
tember 30, 2006, the Secretary shall transmit to Congress
812
a report on the results of the study, including any rec-
ommendations of the Secretary.
(f) FUNDING.—Of the amounts made available under
section 5101(a)(5), $1,000,000 shall be available for fiscal
year 2005, and $2,000,000 for fiscal year 2006, to carry
out this section.
SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE.
(a) ESTABLISHMENT.—The Secretary shall establish
3 centers for surface transportation excellence.
(b) GOALS.—The goals of the centers for surface
transportation excellence are to promote and support stra-
tegic national surface transportation programs and activi-
ties relating to the work of State departments of transpor-
tation in the areas of environment, rural safety, and
project finance.
(c) ROLE OF CENTERS.—To achieve the goals set
forth in subsection (b), the Secretary shall establish the
3 centers as follows:
(1) ENVIRONMENTAL
EXCELLENCE.—To pro-
vide technical assistance, information sharing of best
practices, and training in the use of tools and deci-
sion-making processes that can assist States in plan-
ning and delivering environmentally sound surface
transportation projects.
813
(2) RURAL
SAFETY.—To provide research,
training, and outreach on innovative uses of tech-
nology to enhance rural safety and economic devel-
opment, assess local community needs to improve ac-
cess to mobile emergency treatment, and develop on-
line and seminar training needs of rural transpor-
tation practitioners and policy-makers.
(3) PROJECT FINANCE.—To provide support to
State transportation departments in the development
of finance plans and project oversight tools and to
develop and offer training in state of the art financ-
ing methods to advance projects and leverage funds.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Of the amounts made avail-
able under section 5101(a)(1), the Secretary shall
make available $2,000,000 for each of fiscal years
2004 through 2009 to carry out this section.
(2) ALLOCATION
OF
FUNDS.—Of the funds
made available under paragraph (1) the Secretary
shall use such amounts as follows:
(A) 40 percent to establish the Center for
Environmental Excellence.
(B) 30 percent to establish the Center for
Excellence in Rural Safety.
814
(C) 30 percent to establish the Center for
Excellence in Project Finance.
(3) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this section shall be available for obliga-
tion 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 shall be 100
percent.
(e) PROGRAM ADMINISTRATION.—
(1) COMPETITION.—A party entering into a
contract, cooperative agreement, or other transaction
with the Secretary, or receiving a grant to perform
research or provide technical assistance under this
section shall be selected on a competitive basis, to
the maximum extent practicable.
(2) STRATEGIC PLAN.—The Secretary shall re-
quire each center to develop a multiyear strategic
plan that describes—
(A) the activities to be undertaken; and
(B) how the work of the center is coordi-
nated with the activities of the Federal High-
way Administration and the various other re-
search, development, and technology transfer
activities authorized by this title. Such plans
815
shall be submitted to the Secretary by January
1, 2005 and each year thereafter.
SEC. 5611. REPEAL.
Subtitle C of title V of The Transportation Equity
Act for the 21st Century (23 U.S.C. 502 note; 112 Stat.
452–463) is repealed.
TITLE 
VI—TRANSPORTATION
PLANNING AND PROJECT DE-
LIVERY
SEC. 6001. TRANSPORTATION PLANNING.
(a) IN GENERAL.—Subtitle III of title 49, United
States Code, is amended by inserting after chapter 51 the
following:
‘‘CHAPTER 52—TRANSPORTATION
PLANNING AND PROJECT DELIVERY
‘‘SUBCHAPTER A—GENERAL PROVISIONS
‘‘Sec.
‘‘5201. Definitions.
‘‘SUBCHAPTER B—TRANSPORTATION PLANNING AND PROJECT DELIVERY
‘‘5211. Policy.
‘‘5212. Definitions.
‘‘5213. Metropolitan transportation planning.
‘‘5214. Statewide transportation planning.
‘‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING
‘‘5251. Definitions and applicability.
‘‘5252. Project development procedures.
816
‘‘SUBCHAPTER A—GENERAL PROVISIONS
‘‘§ 5201. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) SECRETARY.—The term ‘Secretary’ means
the Secretary of Transportation.
‘‘(2) STATE.—The term ‘State’ means a State
of the United States, the District of Columbia, and
Puerto Rico.
‘‘SUBCHAPTER B—TRANSPORTATION
PLANNING AND PROJECT DELIVERY
‘‘§ 5211. Policy
‘‘(a) IN GENERAL.—It is in the national interest to—
‘‘(1) encourage and promote the safe and effi-
cient management, operation, and development of
surface transportation systems that will serve the
mobility needs of people and freight and foster eco-
nomic growth and development within and between
States and urbanized areas, while minimizing trans-
portation-related fuel consumption and air pollution
through metropolitan and statewide transportation
planning processes identified in this chapter; and
‘‘(2) encourage the continued improvement and
evolution of the metropolitan and statewide trans-
portation planning processes by metropolitan plan-
ning organizations, State departments of transpor-
817
tation, and public transit operators as guided by the
planning factors identified in sections 5213(f) and
5214(d).
‘‘(b) COMMON TRANSPORTATION PLANNING PRO-
GRAM.—This subchapter provides a common transpor-
tation planning program to be administered by the Fed-
eral Highway Administration and the Federal Transit Ad-
ministration.
‘‘§ 5212. Definitions
‘‘(a) APPLICABILITY BY REFERENCE.—Unless other-
wise specified in subsection (b), the definitions in section
101(a) of title 23 and section 5302 are applicable to this
subchapter.
‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter,
the following definitions apply:
‘‘(1) METROPOLITAN
PLANNING
AREA.—The
term ‘metropolitan planning area’ means the geo-
graphic area determined by agreement between the
metropolitan planning organization for the area and
the Governor under section 5213(c).
‘‘(2) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the policy board of an organization cre-
ated as a result of the designation process in section
5213(b).
818
‘‘(3) NONMETROPOLITAN
AREA.—The term
‘nonmetropolitan area’ means a geographic area out-
side designated metropolitan planning areas.
‘‘(4) NONMETROPOLITAN
LOCAL
OFFICIAL.—
The term ‘nonmetropolitan local official’ means
elected and appointed officials of general purpose
local government in a nonmetropolitan area with re-
sponsibility for transportation.
‘‘(5) TIP.—The term ‘TIP’ means a transpor-
tation improvement program developed by a metro-
politan planning organization under section 5213.
‘‘(6) URBANIZED AREA.—The term ‘urbanized
area’ means a geographic area with a population of
50,000 or more, as designated by the Bureau of the
Census.
‘‘§ 5213. Metropolitan transportation planning
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT
OF
LONG-RANGE
PLANS
AND TIPS.—To accomplish the objectives in section
5211, metropolitan planning organizations des-
ignated under subsection (b), in cooperation with the
State and public transportation operators, shall de-
velop long-range transportation plans and transpor-
tation improvement programs for metropolitan plan-
ning areas of the State.
819
‘‘(2) CONTENTS.—The plans and TIPs for each
metropolitan area shall provide for the development
and integrated management and operation of trans-
portation systems and facilities (including accessible
pedestrian walkways and bicycle transportation fa-
cilities) that will function as an intermodal transpor-
tation system for the metropolitan planning area
and as an integral part of an intermodal transpor-
tation system for the State and the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process
for developing the plans and TIPs shall provide for
consideration of all modes of transportation and
shall be continuing, cooperative, and comprehensive
to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
‘‘(b) DESIGNATION
OF METROPOLITAN PLANNING
ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process required by this section, a
metropolitan planning organization shall be des-
ignated for each urbanized area with a population of
more than 50,000 individuals—
‘‘(A) by agreement between the Governor
and units of general purpose local government
that together represent at least 75 percent of
820
the affected population (including the largest
incorporated city (based on population) as
named by the Bureau of the Census); or
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law.
‘‘(2) STRUCTURE.—Each metropolitan planning
organization that serves an area designated as a
transportation management area, when designated
or redesignated under this subsection, shall consist
of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that ad-
minister or operate major modes of transpor-
tation in the metropolitan area; and
‘‘(C) appropriate State officials.
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to interfere with the authority, under any State law
in effect on December 18, 1991, of a public agency
with multimodal transportation responsibilities to—
‘‘(A) develop the plans and TIPs for adop-
tion by a metropolitan planning organization;
and
821
‘‘(B) develop long-range capital plans, co-
ordinate transit services and projects, and carry
out other activities pursuant to State law.
‘‘(4) CONTINUING
DESIGNATION.—A designa-
tion of a metropolitan planning organization under
this subsection or any other provision of law shall
remain in effect until the metropolitan planning or-
ganization is redesignated under paragraph (5).
‘‘(5) REDESIGNATION PROCEDURES.—A metro-
politan planning organization may be redesignated
by agreement between the Governor and units of
general purpose local government that together rep-
resent at least 75 percent of the existing planning
area population (including the largest incorporated
city (based on population) as named by the Bureau
of the Census) as appropriate to carry out this sec-
tion.
‘‘(6) DESIGNATION OF MORE THAN 1 METRO-
POLITAN PLANNING ORGANIZATION.—More than 1
metropolitan planning organization may be des-
ignated within an existing metropolitan planning
area only if the Governor and the existing metropoli-
tan planning organization determine that the size
and complexity of the existing metropolitan planning
822
area make designation of more than 1 metropolitan
planning organization for the area appropriate.
‘‘(c) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.—
‘‘(1) IN GENERAL.—For the purposes of this
section, the boundaries of a metropolitan planning
area shall be determined by agreement between the
metropolitan planning organization and the Gov-
ernor.
‘‘(2) INCLUDED
AREA.—Each metropolitan
planning area—
‘‘(A) shall encompass at least the existing
urbanized area and the contiguous area ex-
pected to become urbanized within a 20-year
forecast period for the transportation plan; and
‘‘(B) may encompass the entire metropoli-
tan statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED
AREAS WITHIN EXISTING PLANNING AREA BOUND-
ARIES.—The designation by the Bureau of the Cen-
sus of new urbanized areas within an existing metro-
politan planning area shall not require the redesig-
823
nation of the existing metropolitan planning organi-
zation.
‘‘(4) 
EXISTING
METROPOLITAN
PLANNING
AREAS IN NONATTAINMENT.—Notwithstanding para-
graph (2), in the case of an urbanized area des-
ignated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401
et seq.) as of the date of enactment of this para-
graph, the boundaries of the metropolitan planning
area in existence as of such date of enactment shall
be retained; except that the boundaries may be ad-
justed by agreement of the Governor and affected
metropolitan planning organizations in the manner
described in subsection (b)(5).
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN
NONATTAINMENT.—In the case of an urbanized area
designated after the date of enactment of this para-
graph as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan plan-
ning area—
‘‘(A) shall be established in the manner de-
scribed in subsection (b)(1);
‘‘(B) shall encompass the areas described
in paragraph (2)(A);
824
‘‘(C) may encompass the areas described in
paragraph (2)(B); and
‘‘(D) may address any nonattainment area
identified under the Clean Air Act for ozone or
carbon monoxide.
‘‘(d) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion
of a multistate metropolitan area and the appro-
priate metropolitan planning organizations to pro-
vide coordinated transportation planning for the en-
tire metropolitan area.
‘‘(2) INTERSTATE COMPACTS.—The consent of
Congress is granted to any 2 or more States—
‘‘(A) to enter into agreements or compacts,
not in conflict with any law of the United
States, for cooperative efforts and mutual as-
sistance in support of activities authorized
under this section as the activities pertain to
interstate areas and localities within the States;
and
‘‘(B) to establish such agencies, joint or
otherwise, as the States may determine desir-
able for making the agreements and compacts
effective.
825
‘‘(3) LAKE TAHOE REGION.—
‘‘(A) DEFINITION.—In this paragraph, the
term ‘Lake Tahoe region’ has the meaning
given the term ‘region’ in subdivision (a) of ar-
ticle II of the Tahoe Regional Planning Com-
pact, as set forth in the first section of Public
Law 96–551 (94 Stat. 3234).
‘‘(B) TRANSPORTATION
PLANNING
PROC-
ESS.—The Secretary shall—
‘‘(i) establish with the Federal land
management agencies that have jurisdic-
tion over land in the Lake Tahoe region a
transportation planning process for the re-
gion; and
‘‘(ii) coordinate the transportation
planning process with the planning process
required of State and local governments
under this section and section 5214.
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), notwithstanding subsection (b), to
carry out the transportation planning proc-
ess required by this section, the consent of
Congress is granted to the States of Cali-
fornia and Nevada to designate a metro-
826
politan planning organization for the Lake
Tahoe region, by agreement between the
Governors of the States of California and
Nevada and units of general purpose local
government that together represent at
least 75 percent of the affected population
(including the central city or cities (as de-
fined by the Bureau of the Census)), or in
accordance with procedures established by
applicable State or local law.
‘‘(ii) 
INVOLVEMENT
OF
FEDERAL
LAND MANAGEMENT AGENCIES.—
‘‘(I) 
REPRESENTATION.—The
policy board of a metropolitan plan-
ning organization designated under
clause (i) shall include a representa-
tive of each Federal land management
agency that has jurisdiction over land
in the Lake Tahoe region.
‘‘(II) FUNDING.—In addition to
funds made available to the metropoli-
tan planning organization under other
provisions of title 23 and under chap-
ter 53, not more than 1 percent of the
funds allocated under section 202 of
827
title 23 may be used to carry out the
transportation planning process for
the Lake Tahoe region under this
subparagraph.
‘‘(D) ACTIVITIES.—Highway projects in-
cluded in transportation plans developed under
this paragraph—
‘‘(i) shall be selected for funding in a
manner that facilitates the participation of
the Federal land management agencies
that have jurisdiction over land in the
Lake Tahoe region; and
‘‘(ii) may, in accordance with chapter
2 of title 23, be funded using funds allo-
cated under section 202 of title 23.
‘‘(4) RESERVATION OF RIGHTS.—The right to
alter, amend or repeal interstate compacts entered
into under this subsection is expressly reserved.
‘‘(e) MPO CONSULTATION IN PLAN AND TIP CO-
ORDINATION.—
‘‘(1) NONATTAINMENT AREAS.—If more than 1
metropolitan planning organization has authority
within a metropolitan area or an area which is des-
ignated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act, each metropoli-
828
tan planning organization shall consult with the
other metropolitan planning organizations des-
ignated for such area and the State in the coordina-
tion of plans and TIPs required by this section.
‘‘(2) TRANSPORTATION
IMPROVEMENTS
LO-
CATED IN MULTIPLE MPOS.—If a transportation
improvement funded from the Highway Trust Fund
or authorized under chapter 53 is located within the
boundaries of more than 1 metropolitan planning
area, the metropolitan planning organizations shall
coordinate plans and TIPs regarding the transpor-
tation improvement.
‘‘(3) RELATIONSHIP
WITH
OTHER
PLANNING
OFFICIALS.—The Secretary shall encourage each
metropolitan planning organization to consult with
those officials responsible for other types of planning
activities that are affected by transportation in the
area (including State and local planned growth, eco-
nomic development, environmental protection, air-
port operations, and freight movements) or to co-
ordinate its planning process, to the maximum ex-
tent practicable, with such planning activities. Under
the metropolitan planning process, transportation
plans and TIPs shall be developed with due consid-
eration of other related planning activities within the
829
metropolitan area, and the process shall provide for
the design and delivery of transportation services
within the metropolitan area that are provided by—
‘‘(A) recipients of assistance under chapter
53;
‘‘(B) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive Federal
assistance from a source other than the Depart-
ment 
of 
Transportation 
to 
provide 
non-
emergency transportation services; and
‘‘(C) recipients of assistance under section
204 of title 23.
‘‘(f) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The goals and objectives
developed through the metropolitan planning process
for a metropolitan planning area under this section
shall address the following factors as they relate to
the performance of the metropolitan area transpor-
tation systems:
‘‘(A) Support of the economic vitality of
the metropolitan area, especially by enabling
global competitiveness, productivity, and effi-
ciency.
830
‘‘(B) Increases in the safety and security
of the transportation system for motorized and
nonmotorized users.
‘‘(C) Increases in the accessibility and mo-
bility of people and for freight.
‘‘(D) Protection and enhancement of the
environment, promotion of energy conservation,
improvement of the quality of life, and pro-
motion of consistency between transportation
improvements and State and local planned
growth and economic development patterns.
‘‘(E) Enhancement of the integration and
connectivity of the transportation system,
across and between modes, for people and
freight.
‘‘(F) Promotion of efficient system man-
agement and operation.
‘‘(G) Emphasis on the preservation of the
existing transportation system.
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The
failure to consider any factor specified in paragraph
(1) shall not be reviewable by any court under title
23 or this title, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
831
transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
‘‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(1) IN
GENERAL.—Each metropolitan plan-
ning organization shall prepare, and update periodi-
cally, according to a schedule that the Secretary de-
termines to be appropriate, a transportation plan for
its metropolitan planning area in accordance with
the requirements of this subsection. The metropoli-
tan planning organization shall prepare and update
such plan every 4 years (or more frequently, if the
metropolitan planning organization elects to update
more frequently) in the case of each of the following:
‘‘(A) any area designated as nonattain-
ment, as defined in section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)); and
‘‘(B) any area that was nonattainment and
subsequently designated to attainment in ac-
cordance with section 107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is subject to a
maintenance plan under section 175A of that
Act (42 U.S.C. 7505a).
In the case of any other area required to have a
transportation plan in accordance with the require-
ments of this subsection, the metropolitan planning
832
organization shall prepare and update such plan
every 4 years unless the metropolitan planning orga-
nization elects to update more frequently.
‘‘(2) TRANSPORTATION
PLAN.—A transpor-
tation plan under this section shall be in a form that
the Secretary determines to be appropriate and shall
contain, at a minimum, the following:
‘‘(A) An identification of transportation fa-
cilities (including major roadways, transit,
multimodal and intermodal facilities, and inter-
modal connectors) that should function as an
integrated metropolitan transportation system,
giving emphasis to those facilities that serve im-
portant national and regional transportation
functions. In formulating the transportation
plan, the metropolitan planning organization
shall consider factors described in subsection (f)
as such factors relate to a 20-year forecast pe-
riod.
‘‘(B) A financial plan that demonstrates
how the adopted transportation plan can be im-
plemented, indicates resources from public and
private sources that are reasonably expected to
be made available to carry out the plan, and
recommends any additional financing strategies
833
for needed projects and programs. The financial
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the
financial plan were available. For the purpose
of developing the transportation plan, the met-
ropolitan planning organization, transit oper-
ator, and State shall cooperatively develop esti-
mates of funds that will be available to support
plan implementation.
‘‘(C) Operational and management strate-
gies to improve the performance of existing
transportation facilities to relieve vehicular con-
gestion and maximize the safety and mobility of
people and goods.
‘‘(D) Capital investment and other strate-
gies to preserve the existing and projected fu-
ture metropolitan transportation infrastructure
and provide for multimodal capacity increases
based on regional priorities and needs.
‘‘(E) Proposed transportation and transit
enhancement activities.
‘‘(3) COORDINATION
WITH
CLEAN
AIR
ACT
AGENCIES.—In metropolitan areas which are in non-
834
attainment for ozone or carbon monoxide under the
Clean Air Act, the metropolitan planning organiza-
tion shall coordinate the development of a transpor-
tation plan with the process for development of the
transportation control measures of the State imple-
mentation plan required by the Clean Air Act.
‘‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Before approving a transportation plan, each
metropolitan planning organization shall provide citi-
zens, affected public agencies, representatives of
public transportation employees, freight shippers,
providers of freight transportation services, private
providers of transportation, representatives of users
of public transportation, representatives of users of
pedestrian walkways and bicycle transportation fa-
cilities, representatives of the disabled, and other in-
terested parties with a reasonable opportunity to
comment on the transportation plan, in a manner
that the Secretary deems appropriate.
‘‘(5) PUBLICATION.—A transportation plan in-
volving Federal participation shall be published or
otherwise made readily available by the metropolitan
planning organization for public review and sub-
mitted for information purposes to the Governor at
835
such times and in such manner as the Secretary
shall establish.
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (2)(B),
a State or metropolitan planning organization shall
not be required to select any project from the illus-
trative list of additional projects included in the fi-
nancial plan under paragraph (2)(B).
‘‘(h) METROPOLITAN TIP.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN
GENERAL.—In cooperation with
the State and any affected public transportation
operator, the metropolitan planning organiza-
tion designated for a metropolitan area shall
develop a TIP for the area for which the orga-
nization is designated.
‘‘(B) OPPORTUNITY
FOR
COMMENT.—In
developing the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide citizens, affected public agencies,
representatives of public transportation employ-
ees, freight shippers, providers of freight trans-
portation services, private providers of transpor-
tation, representatives of users of public trans-
836
portation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways
and bicycle facilities, and other interested par-
ties with a reasonable opportunity to comment
on the proposed TIP.
‘‘(C) FUNDING ESTIMATES.—For the pur-
pose of developing the TIP, the metropolitan
planning organization, public transportation
agency, and State shall cooperatively develop
estimates of funds that are reasonably expected
to be available to support program implementa-
tion.
‘‘(D) UPDATING
AND
APPROVAL.—The
TIP shall be updated at least once every 4
years and shall be approved by the metropolitan
planning organization and the Governor.
‘‘(2) CONTENTS.—
‘‘(A) PRIORITY LIST.—The TIP shall in-
clude a priority list of proposed federally sup-
ported projects and strategies to be carried out
within each 4-year period after the initial adop-
tion of the TIP.
‘‘(B) FINANCIAL PLAN.—The TIP shall in-
clude a financial plan that—
837
‘‘(i) demonstrates how the TIP can be
implemented;
‘‘(ii) indicates resources from public
and private sources that are reasonably ex-
pected to be available to carry out the pro-
gram;
‘‘(iii) identifies innovative financing
techniques to finance projects, programs,
and strategies; and
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the approved TIP if reasonable
additional resources beyond those identi-
fied in the financial plan were available.
‘‘(C) DESCRIPTIONS.—Each project in the
TIP shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project or
phase of the project.
‘‘(D) CONGESTION RELIEF ACTIVITIES.—
The TIP shall include a listing of congestion re-
lief activities to be carried out to meet the re-
quirements of section 139 of title 23, cat-
egorized as either under one or under three
congestion relief activities.
838
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS
UNDER
TITLE 23 AND
CHAPTER 53.—A TIP developed under this sub-
section for a metropolitan area shall include the
projects within the area that are proposed for
funding under chapter 1 of title 23 and chapter
53.
‘‘(B) PROJECTS
UNDER
CHAPTER 2 OF
TITLE 23.—All projects proposed for funding
under chapter 2 of title 23 shall be identified
individually in the TIP.
‘‘(C) CONSISTENCY
WITH
LONG-RANGE
TRANSPORTATION PLAN.—Each project shall be
consistent with the long-range transportation
plan developed under subsection (g) for the
area.
‘‘(D) 
REQUIREMENT
OF
ANTICIPATED
FULL FUNDING.—The program shall include a
project, or an identified phase of a project, only
if full funding can reasonably be anticipated to
be available for the project within the time pe-
riod contemplated for completion of the project.
‘‘(4) NOTICE AND COMMENT.—Before approv-
ing a TIP, a metropolitan planning organization, in
cooperation with the State and any affected public
839
transportation operator, shall provide citizens, af-
fected public agencies, representatives of public
transportation employees, freight shippers, providers
of freight transportation services, private providers
of transportation, representatives of users of public
transportation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways and bi-
cycle facilities, and other interested parties with rea-
sonable notice of and an opportunity to comment on
the proposed program.
‘‘(5) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in subsection (i)(4) and in addition to
the TIP development required under paragraph
(1), the selection of federally funded projects in
metropolitan areas shall be carried out, from
the approved TIP—
‘‘(i) by—
‘‘(I) in the case of projects under
title 23, the State; and
‘‘(II) in the case of projects
under chapter 53, the designated re-
cipients of public transportation fund-
ing; and
840
‘‘(ii) in cooperation with the metro-
politan planning organization.
‘‘(B) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of
law, action by the Secretary shall not be re-
quired to advance a project included in the ap-
proved TIP in place of another project in the
program.
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwith-
standing paragraph (2)(B)(iv), a State or met-
ropolitan planning organization shall not be re-
quired to select any project from the illustrative
list of additional projects included in the finan-
cial plan under paragraph (2)(B)(iv).
‘‘(B) REQUIRED
ACTION
BY
THE
SEC-
RETARY.—Action by the Secretary shall be re-
quired for a State or metropolitan planning or-
ganization to select any project from the illus-
trative list of additional projects included in the
financial plan under paragraph (2)(B)(iv) for
inclusion in an approved TIP.
‘‘(7) PUBLICATION.—
841
‘‘(A) PUBLICATION OF TIPS.—A TIP in-
volving Federal participation shall be published
or otherwise made readily available by the met-
ropolitan planning organization for public re-
view.
‘‘(B) PUBLICATION OF ANNUAL LISTINGS
OF PROJECTS.—An annual listing of projects
for which Federal funds have been obligated in
the preceding year shall be published or other-
wise made available by the metropolitan plan-
ning organization for public review. The listing
shall be consistent with the categories identified
in the TIP.
‘‘(i) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) IDENTIFICATION AND DESIGNATION.—
‘‘(A) REQUIRED
IDENTIFICATION.—The
Secretary shall identify as a transportation
management area each urbanized area (as de-
fined by the Bureau of the Census) with a pop-
ulation of over 200,000 individuals.
‘‘(B) DESIGNATIONS
ON
REQUEST.—The
Secretary shall designate any additional area as
a transportation management area on the re-
quest of the Governor and the metropolitan
planning organization designated for the area.
842
‘‘(2) TRANSPORTATION PLANS.—In a metropoli-
tan planning area serving a transportation manage-
ment area, transportation plans shall be based on a
continuing and comprehensive transportation plan-
ning process carried out by the metropolitan plan-
ning organization in cooperation with the State and
public transportation operators.
‘‘(3) CONGESTION
MANAGEMENT
PROCESS.—
Within a metropolitan planning area serving a trans-
portation management area, the transportation plan-
ning process under this section shall address conges-
tion management through a process that provides
for effective management and operation, based on a
cooperatively developed and implemented metropoli-
tan-wide strategy, of new and existing transportation
facilities eligible for funding under title 23 and chap-
ter 53 through the use of travel demand reduction
and operational management strategies and shall
identify a sufficient number of congestion relief ac-
tivities under section 139 of title 23 to meet the re-
quirements of such section. The Secretary shall es-
tablish an appropriate phase-in schedule for compli-
ance with the requirements of this section but no
sooner than one year after the identification of a
transportation management area.
843
‘‘(4) SELECTION OF PROJECTS.—
‘‘(A) IN
GENERAL.—All federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a transpor-
tation management area under title 23 (exclud-
ing projects carried out on the National High-
way System and projects carried out under the
bridge program or the Interstate maintenance
program) or under chapter 53 shall be selected
for implementation from the approved TIP by
the metropolitan planning organization des-
ignated for the area in consultation with the
State and any affected public transportation op-
erator.
‘‘(B) 
NATIONAL
HIGHWAY
SYSTEM
PROJECTS.—Projects, carried out within the
boundaries of a metropolitan planning area
serving a transportation management area, on
the National Highway System and projects car-
ried out within such boundaries under the
bridge program or the Interstate maintenance
program under title 23 shall be selected for im-
plementation from the approved TIP by the
State in cooperation with the metropolitan plan-
ning organization designated for the area.
844
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan
planning process of a metropolitan plan-
ning organization serving a transportation
management area is being carried out in
accordance with applicable provisions of
Federal law; and
‘‘(ii) subject to subparagraph (B), cer-
tify, not less often than once every 4 years,
that the requirements of this paragraph
are met with respect to the metropolitan
planning process.
‘‘(B) 
REQUIREMENTS
FOR
CERTIFI-
CATION.—The Secretary may make the certifi-
cation under subparagraph (A) if—
‘‘(i) the transportation planning proc-
ess complies with the requirements of this
section and other applicable requirements
of Federal law; and
‘‘(ii) there is a TIP for the metropoli-
tan planning area that has been approved
by the metropolitan planning organization
and the Governor.
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
845
‘‘(i) 
WITHHOLDING
OF
PROJECT
FUNDS.—If a metropolitan planning proc-
ess of a metropolitan planning organization
serving a transportation management area
is not certified, the Secretary may withhold
up to 20 percent of the funds attributable
to the metropolitan planning area of the
metropolitan planning organization for
projects funded under title 23 and chapter
53.
‘‘(ii) RESTORATION
OF
WITHHELD
FUNDS.—The withheld funds shall be re-
stored to the metropolitan planning area at
such time as the metropolitan planning
process is certified by the Secretary.
‘‘(D) REVIEW
OF
CERTIFICATION.—In
making certification determinations under this
paragraph, the Secretary shall provide for pub-
lic involvement appropriate to the metropolitan
area under review.
‘‘(j) ABBREVIATED PLANS FOR CERTAIN AREAS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
in the case of a metropolitan area not designated as
a transportation management area under this sec-
tion, the Secretary may provide for the development
846
of an abbreviated transportation plan and TIP for
the metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
‘‘(2) NONATTAINMENT AREAS.—The Secretary
may not permit abbreviated plans or TIPs for a
metropolitan area that is in nonattainment for ozone
or carbon monoxide under the Clean Air Act (42
U.S.C. 7401 et seq.).
‘‘(k) ADDITIONAL REQUIREMENTS
FOR CERTAIN
NONATTAINMENT AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provisions of title 23 or chapter 53, for transpor-
tation management areas classified as nonattain-
ment for ozone or carbon monoxide pursuant to the
Clean Air Act, Federal funds may not be advanced
in such area for any highway project that will result
in a significant increase in the carrying capacity for
single-occupant vehicles unless the project is ad-
dressed through a congestion management process.
‘‘(2) APPLICABILITY.—This subsection applies
to a nonattainment area within the metropolitan
planning area boundaries determined under sub-
section (c).
847
‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to confer on
a metropolitan planning organization the authority to im-
pose legal requirements on any transportation facility,
provider, or project not eligible under title 23 or chapter
53.
‘‘(m) FUNDING.—
‘‘(1) SET-ASIDES.—Funds set aside under sec-
tion 104(f) of title 23 or section 5305(h) shall be
available to carry out this section.
‘‘(2) OTHER FUNDING.—Funds made available
under section 5338(c) shall be available to carry out
this section.
‘‘(n) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.—Since plans and TIPs described in this section are
subject to a reasonable opportunity for public comment,
individual projects included in plans and TIPs are subject
to review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), and decisions by the Sec-
retary concerning plans and TIPs described in this section
have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or
TIP described in this section shall not be considered to
be a Federal action subject to review under such Act.
848
‘‘§ 5214. Statewide transportation planning
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT
OF
PLANS
AND
PRO-
GRAMS.—To accomplish the objectives stated in sec-
tion 5211, each State shall develop a statewide
transportation plan and a statewide transportation
improvement program for all areas of the State sub-
ject to section 5213. Such program shall cover a pe-
riod of 4 years and be updated every 4 years or
more frequently if the Governor elects to update
more frequently.
‘‘(2) CONTENTS.—The statewide transportation
plan and the transportation improvement program
developed for each State shall provide for the devel-
opment and integrated management and operation
of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transpor-
tation facilities) that will function as an intermodal
transportation system for the State and an integral
part of an intermodal transportation system for the
United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process
for developing the statewide plan and the transpor-
tation improvement program shall provide for con-
sideration of all modes of transportation and the
policies stated in section 5211, and shall be con-
849
tinuing, cooperative, and comprehensive to the de-
gree appropriate, based on the complexity of the
transportation problems to be addressed.
‘‘(b) COORDINATION WITH METROPOLITAN PLAN-
NING; STATE IMPLEMENTATION PLAN.—A State shall—
‘‘(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 5213 for metropolitan
areas of the State and with statewide trade and eco-
nomic development planning activities and related
multistate planning efforts; and
‘‘(2) develop the transportation portion of the
State implementation plan as required by the Clean
Air Act (42 U.S.C. 7401 et seq.).
‘‘(c) INTERSTATE AGREEMENTS.—
‘‘(1) IN GENERAL.—The consent of Congress is
granted to 2 or more States entering into agree-
ments or compacts, not in conflict with any law of
the United States, for cooperative efforts and mu-
tual assistance in support of activities authorized
under this section related to interstate areas and lo-
calities in the States and establishing authorities the
States consider desirable for making the agreements
and compacts effective.
850
‘‘(2) RESERVATION OF RIGHTS.—The right to
alter, amend or repeal interstate compacts entered
into under this subsection is expressly reserved.
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out
a statewide transportation planning process that
provides for consideration and implementation of
projects, strategies, and services that will—
‘‘(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by en-
abling global competitiveness, productivity, and
efficiency;
‘‘(B) increase the safety and security of
the transportation system for motorized and
nonmotorized users;
‘‘(C) increase the accessibility and mobility
of people and freight;
‘‘(D) protect and enhance the environment,
promote energy conservation, improve the qual-
ity of life, and promote consistency between
transportation improvements and State and
local planned growth and economic development
patterns;
851
‘‘(E) 
enhance 
the 
integration 
and
connectivity of the transportation system,
across and between modes throughout the
State, for people and freight;
‘‘(F) promote efficient system management
and operation; and
‘‘(G) emphasize the preservation of the ex-
isting transportation system.
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The
failure to consider any factor specified in paragraph
(1) shall not be reviewable by any court under title
23 or this title, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
statewide transportation plan, the transportation im-
provement program, a project or strategy, or the
certification of a planning process.
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out
planning under this section, each State shall consider, at
a minimum—
‘‘(1) with respect to nonmetropolitan areas, the
concerns of affected local officials with responsibility
for transportation;
‘‘(2) the concerns of Indian tribal governments
and Federal land management agencies that have
852
jurisdiction over land within the boundaries of the
State; and
‘‘(3) coordination of transportation plans, the
transportation improvement program, and planning
activities with related planning activities being car-
ried out outside of metropolitan planning areas and
between States.
‘‘(f) LONG-RANGE
STATEWIDE
TRANSPORTATION
PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop
a long-range statewide transportation plan, with a
minimum 20-year forecast period for all areas of the
State, that provides for the development and imple-
mentation of the intermodal transportation system
of the State.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—The state-
wide transportation plan shall be developed for
each metropolitan area in the State in coopera-
tion with the metropolitan planning organiza-
tion designated for the metropolitan area under
section 5213.
‘‘(B) NONMETROPOLITAN
AREAS.—With
respect to nonmetropolitan areas, the statewide
transportation plan shall be developed in con-
853
sultation with affected nonmetropolitan officials
with responsibility for transportation. The Sec-
retary shall not review or approve the consulta-
tion process in each State.
‘‘(C) INDIAN TRIBAL AREAS.—With respect
to each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in con-
sultation with the tribal government and the
Secretary of the Interior.
‘‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—In developing the statewide transportation
plan, the State shall—
‘‘(A) provide citizens, affected public agen-
cies, representatives of public transportation
employees, freight shippers, private providers of
transportation, representatives of users of pub-
lic transportation, representatives of users of
pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, pro-
viders of freight transportation services, and
other interested parties with a reasonable op-
portunity to comment on the proposed plan;
and
854
‘‘(B) identify transportation strategies nec-
essary to efficiently serve the mobility needs of
people.
‘‘(4) FINANCIAL PLAN.—The statewide trans-
portation plan may include a financial plan that
demonstrates how the adopted statewide transpor-
tation plan can be implemented, indicates resources
from public and private sources that are reasonably
expected to be made available to carry out the plan,
and recommends any additional financing strategies
for needed projects and programs. The financial
plan may include, for illustrative purposes, addi-
tional projects that would be included in the adopted
statewide transportation plan if reasonable addi-
tional resources beyond those identified in the finan-
cial plan were available.
‘‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—A State shall not be required to se-
lect any project from the illustrative list of addi-
tional projects included in the financial plan de-
scribed in paragraph (4).
‘‘(6) EXISTING SYSTEM.—The statewide trans-
portation plan should include capital, operations and
management strategies, investments, procedures,
and other measures to ensure the preservation and
855
most efficient use of the existing transportation sys-
tem.
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT
PROGRAM.—
‘‘(1) DEVELOPMENT.—Each State shall develop
a statewide transportation improvement program for
all areas of the State.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN
AREAS.—With re-
spect to each metropolitan area in the State,
the program shall be developed in cooperation
with the metropolitan planning organization
designated for the metropolitan area under sec-
tion 5213.
‘‘(B) NONMETROPOLITAN
AREAS.—With
respect to each nonmetropolitan area in the
State, the program shall be developed in con-
sultation with affected nonmetropolitan local of-
ficials with responsibility for transportation.
The Secretary shall not review or approve the
specific consultation process in the State.
‘‘(C) INDIAN TRIBAL AREAS.—With respect
to each area of the State under the jurisdiction
of an Indian tribal government, the program
856
shall be developed in consultation with the trib-
al government and the Secretary of the Interior.
‘‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—In developing the program, the State shall
provide citizens, affected public agencies, representa-
tives of public transportation employees, freight
shippers, private providers of transportation, pro-
viders of freight transportation services, representa-
tives of users of public transportation, representa-
tives of users of pedestrian walkways and bicycle
transportation facilities, representatives of the dis-
abled, and other interested parties with a reasonable
opportunity to comment on the proposed program.
‘‘(4) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation im-
provement program developed under this sub-
section for a State shall include federally sup-
ported 
surface 
transportation 
expenditures
within the boundaries of the State.
‘‘(B) PROJECTS
UNDER
CHAPTER 2 OF
TITLE 23.—All projects proposed for funding
under chapter 2 of title 23 shall be identified
individually in the transportation improvement
program.
857
‘‘(C) 
CONSISTENCY
WITH
STATEWIDE
TRANSPORTATION
PLAN.—Each project shall
be—
‘‘(i) consistent with the statewide
transportation plan developed under this
section for the State;
‘‘(ii) identical to the project or phase
of the project as described in an approved
metropolitan transportation plan; and
‘‘(iii) in conformance with the applica-
ble State air quality implementation plan
developed under the Clean Air Act (42
U.S.C. 7401 et seq.), if the project is car-
ried out in an area designated as non-
attainment for ozone or carbon monoxide
under that Act.
‘‘(D) 
REQUIREMENT
OF
ANTICIPATED
FULL FUNDING.—The transportation improve-
ment program shall include a project, or an
identified phase of a project, only if full funding
can reasonably be anticipated to be available for
the project within the time period contemplated
for completion of the project.
‘‘(E) FINANCIAL
PLAN.—The transpor-
tation improvement program may include a fi-
858
nancial plan that demonstrates how the ap-
proved transportation improvement program
can be implemented, indicates resources from
public and private sources that are reasonably
expected to be made available to carry out the
transportation improvement program, and rec-
ommends any additional financing strategies for
needed projects and programs. The financial
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the
financial plan were available.
‘‘(F) SELECTION OF PROJECTS FROM IL-
LUSTRATIVE LIST.—
‘‘(i) NO REQUIRED SELECTION.—Not-
withstanding subparagraph (E), a State
shall not be required to select any project
from the illustrative list of additional
projects included in the financial plan
under subparagraph (E).
‘‘(ii) REQUIRED ACTION BY THE SEC-
RETARY.—Action by the Secretary shall be
required for a State to select any project
from the illustrative list of additional
859
projects included in the financial plan
under subparagraph (E) for inclusion in an
approved transportation improvement pro-
gram.
‘‘(G) PRIORITIES.—The transportation im-
provement program shall reflect the priorities
for programming and expenditures of funds, in-
cluding transportation enhancement activities,
required by title 23 and chapter 53.
‘‘(H) PRIORITIZATION OF CONGESTION RE-
LIEF ACTIVITIES.—The transportation improve-
ment program shall reflect the priorities for
congestion relief activities included in the met-
ropolitan transportation plan to meet the re-
quirements of section 139 of title 23.
‘‘(5) PROJECT SELECTION FOR AREAS OF LESS
THAN 50,000 POPULATION.—Projects carried out in
areas with populations of less than 50,000 individ-
uals shall be selected, from the approved transpor-
tation improvement program (excluding projects car-
ried out on the National Highway System and
projects carried out under the bridge program or the
Interstate maintenance program under title 23 or
sections 5310, 5311, 5316, and 5317), by the State
in cooperation with the affected nonmetropolitan
860
local officials with responsibility for transportation.
Projects carried out in areas with populations of less
than 50,000 individuals on the National Highway
System or under the bridge program or the Inter-
state maintenance program under title 23 or under
sections 5310, 5311, 5316, and 5317 shall be se-
lected, from the approved statewide transportation
improvement program, by the State in consultation
with the affected nonmetropolitan local officials with
responsibility for transportation.
‘‘(6) TRANSPORTATION
IMPROVEMENT
PRO-
GRAM APPROVAL.—Every 4 years, a transportation
improvement program developed under this sub-
section shall be reviewed and approved by the Sec-
retary if based on a current planning finding.
‘‘(7) PLANNING FINDING.—A finding shall be
made by the Secretary at least every 4 years that
the transportation planning process through which
statewide transportation plans and programs are de-
veloped is consistent with this section and section
5213.
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.—
Notwithstanding any other provision of law, action
by the Secretary shall not be required to advance a
project included in the approved transportation im-
861
provement program in place of another project in
the program.
‘‘(h) FUNDING.—
‘‘(1) SET-ASIDE.—Funds set aside pursuant to
section 104(i) of title 23 shall be available to carry
out this section.
‘‘(2) OTHER FUNDING.—Funds made available
under section 5338(c) shall be available to carry out
this section.
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON-
GESTION MANAGEMENT PROCESSES.—For purposes of
this section and section 5213, State laws, rules, or regula-
tions pertaining to congestion management systems or
programs may constitute the congestion management
process under section 5213(i)(3) if the Secretary finds
that the State laws, rules, or regulations are consistent
with, and fulfill the intent of, the purposes of section
5213, as appropriate.
‘‘(j) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.—Since the statewide transportation plan and the
transportation improvement program described in this sec-
tion are subject to a reasonable opportunity for public
comment, since individual projects included in the state-
wide transportation plans and the transportation improve-
ment program are subject to review under the National
862
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning
statewide transportation plans or the transportation im-
provement program described in this section have not been
reviewed under such Act as of January 1, 1997, any deci-
sion by the Secretary concerning a metropolitan or state-
wide transportation plan or the transportation improve-
ment program described in this section shall not be consid-
ered to be a Federal action subject to review under such
Act.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such subtitle is amended by inserting the following after
the item relating to chapter 51:
‘‘52.
TRANSPORTATION
PLANNING
AND
PROJECT
DELIVERY.
5201’’.
(c) REGULATIONS.—Not later than 18 months after
the date of enactment of this Act, the Secretary shall pro-
mulgate regulations that are consistent with the amend-
ments made by this section relating to the Clean Air Act.
SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR
PROJECT DECISIONMAKING.
(a) POLICY AND PURPOSE.—
(1) POLICY.—The Enlibra principles, as ini-
tially developed by the Western Governors Associa-
tion and adopted by the National Governors Associa-
tion, represent a sound basis for interaction among
863
the Federal, State, local governments, and Indian
tribes on environmental matters and should be fol-
lowed in the development of highway construction
and public transit improvements. These principles
are as follows:
(A) Assign responsibilities at the right
level.
(B) Use collaborative processes to break
down barriers and find solutions.
(C) Move to a performance-based system.
(D) Separate subjective choices from objec-
tive data gathering.
(E) Pursue economic incentives whenever
appropriate.
(F) Ensure environmental understanding.
(G) Make sure environmental decisions are
fully informed.
(H) Use appropriate geographic bound-
aries for environmental problems.
(2) PURPOSE.—The purpose of this section is
to reduce delays in the delivery of highway construc-
tion and public transportation capital projects aris-
ing from the environmental review process, while
continuing to ensure the protection of the human
and natural environment.
864
(b) PROJECT DEVELOPMENT PROCEDURES.—Chap-
ter 52 of title 49, United States Code, as added by section
6001 of this Act, is amended by adding at the end the
following:
‘‘SUBCHAPTER 
C—EFFICIENT 
ENVIRON-
MENTAL REVIEWS FOR PROJECT DECISION-
MAKING
‘‘§ 5251. Definitions and applicability
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) AGENCY.—The term ‘agency’ means any
agency, department, or other unit of Federal, State,
local, or Indian tribal government.
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—
The term ‘environmental impact statement’ means
the detailed statement of environmental impacts re-
quired to be prepared under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for
preparing for a project an environmental impact
statement, environmental assessment, categor-
ical exclusion, or other document prepared
865
under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
‘‘(B) INCLUSIONS.—The term includes the
process for and completion of any environ-
mental permit, approval, review, or study re-
quired for a project under any Federal law
other than the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(4) LEAD AGENCY.—The term ‘lead agency’
means the Department of Transportation and, if ap-
plicable, any State or local governmental entity serv-
ing as a joint lead agency pursuant to this section.
‘‘(5) 
MULTIMODAL
PROJECT.—The 
term
‘multimodal project’ means a project funded, in
whole or in part, under title 23 or chapter 53 and
involving the participation of more than one Depart-
ment of Transportation administration or agency.
‘‘(6) PROJECT.—The term ‘project’ means any
highway 
project, 
public 
transportation 
capital
project, or multimodal project that requires the ap-
proval of the Secretary.
‘‘(7) PROJECT
SPONSOR.—The term ‘project
sponsor’ means the agency or other entity, including
any private or public-private entity, that seeks ap-
proval of the Secretary for a project.
866
‘‘(8) STATE TRANSPORTATION DEPARTMENT.—
The term ‘State transportation department’ means
any statewide agency of a State with responsibility
for one or more modes of transportation.
‘‘(b) APPLICABILITY.—This subchapter is applicable
to all projects for which an environmental impact state-
ment is prepared under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). This subchapter
may be applied, to the extent determined appropriate by
the Secretary, to other projects for which an environ-
mental document is prepared pursuant to such Act. Any
authorities granted in this subchapter may be exercised
for a project, class of projects, or program of projects.
‘‘§ 5252. Project development procedures
‘‘(a) LEAD AGENCIES.—
‘‘(1) FEDERAL
LEAD
AGENCY.—The Depart-
ment of Transportation shall be the Federal lead
agency in the environmental review process for a
project.
‘‘(2) PROJECT SPONSOR AS JOINT LEAD AGEN-
CY.—Any project sponsor that is a State or local
governmental entity receiving funds under title 23 or
chapter 53 for the project shall serve as a joint lead
agency with the Department for purposes of pre-
paring any environmental document under the Na-
867
tional Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and may prepare any such environ-
mental document required in support of any action
or approval by the Secretary if the Federal lead
agency furnishes guidance in such preparation and
independently evaluates such document and the doc-
ument is approved and adopted by the Secretary
prior to the Secretary taking any subsequent action
or making any approval based on such document,
whether or not the Secretary’s action or approval re-
sults in Federal funding.
‘‘(3) ENSURING COMPLIANCE.—The Secretary
shall ensure that the project sponsor complies with
all design and mitigation commitments made jointly
by the Secretary and the project sponsor in any en-
vironmental document prepared by the project spon-
sor in accordance with this subsection and that such
document is appropriately supplemented if project
changes become necessary.
‘‘(4) ADOPTION
AND
USE
OF
DOCUMENTS.—
Any environmental document prepared in accordance
with this subsection may be adopted or used by any
Federal agency making any approval to the same ex-
tent that such Federal agency could adopt or use a
document prepared by another Federal agency.
868
‘‘(b) PARTICIPATING AGENCIES.—
‘‘(1) IN GENERAL.—The lead agency shall be
responsible for inviting and designating participating
agencies in accordance with this subsection.
‘‘(2) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view process for a project, any other Federal and
non-Federal agencies that may have an interest in
the project, and shall invite such agencies to become
participating agencies in the environmental review
process for the project. The invitation shall set a
deadline for responses to be submitted. The deadline
may be extended by the lead agency for good cause.
‘‘(3) FEDERAL PARTICIPATING AGENCIES.—Any
Federal agency that is invited by the lead agency to
participate in the environmental review process for a
project shall be designated as a participating agency
by the lead agency unless the invited agency informs
the lead agency, in writing, by the deadline specified
in the invitation that the invited agency—
‘‘(A) has no jurisdiction or authority with
respect to the project;
‘‘(B) has no expertise or information rel-
evant to the project; and
869
‘‘(C) does not intend to submit comments
on the project.
‘‘(4) EFFECT
OF
DESIGNATION.—Designation
as a participating agency under this subsection shall
not imply that the participating agency—
‘‘(A) supports a proposed project; or
‘‘(B) has any jurisdiction over, or special
expertise with respect to evaluation of, the
project.
‘‘(5) COOPERATING
AGENCY.—A participating
agency may also be designated by a lead agency as
a ‘cooperating agency’ under the regulations con-
tained in part 1500 of title 40, Code of Federal Reg-
ulations.
‘‘(6) DESIGNATIONS
FOR
CATEGORIES
OF
PROJECTS.—The Secretary may exercise the authori-
ties granted under this subsection for a project,
class of projects, or program of projects.
‘‘(c) PROJECT INITIATION.—
‘‘(1) IN GENERAL.—The project sponsor shall
initiate the environmental review process for a
project by submitting an initiation notice to the Sec-
retary.
‘‘(2) CONTENTS OF NOTICE.—The initiation no-
tice shall include, at a minimum, a brief description
870
of the type of work, termini, length, and general lo-
cation of the proposed project, together with a state-
ment of any Federal approvals anticipated to be
needed for the project.
‘‘(d) PURPOSE AND NEED.—
‘‘(1) PARTICIPATION.—As early as practicable
during the environmental review process, the lead
agency shall provide an opportunity for involvement
by participating agencies and the public in defining
the purpose and need for a project.
‘‘(2) 
DEFINITION.—Following 
participation
under paragraph (1), the lead agency shall define
the project’s purpose and need for purposes of any
document which the lead agency is responsible for
preparing for the project.
‘‘(3) OBJECTIVES.—The statement of purpose
and need shall include a clear statement of the ob-
jectives that the proposed action is intended to
achieve, which may include—
‘‘(A) achieving a transportation objective
identified in an applicable statewide or metro-
politan transportation plan;
‘‘(B) supporting land use, economic devel-
opment, or growth objectives established in ap-
871
plicable Federal, State, local, or tribal plans;
and
‘‘(C) serving national defense, national se-
curity, or other national objectives, as estab-
lished in Federal laws, plans, or policies.
‘‘(e) ALTERNATIVES ANALYSIS.—
‘‘(1) PARTICIPATION.—As early as practicable
during the environmental review process, the lead
agency shall provide an opportunity for involvement
by participating agencies and the public in deter-
mining the range of alternatives to be considered for
a project.
‘‘(2) RANGE
OF
ALTERNATIVES.—Following
participation under paragraph (1), the lead agency
shall determine the range of alternatives for consid-
eration in any document which the lead agency is re-
sponsible for preparing for the project.
‘‘(3) METHODOLOGIES.—The lead agency also
shall determine, in collaboration with participating
agencies at appropriate times during the study proc-
ess, the methodologies to be used and the level of de-
tail required in the analysis of each alternative for
a project.
‘‘(4) PREFERRED ALTERNATIVE.—At the dis-
cretion of the lead agency, the preferred alternative
872
for a project, after being identified, may be devel-
oped to a higher level of detail than other alter-
natives in order to facilitate the development of miti-
gation measures or concurrent compliance with other
applicable laws if the lead agency determines that
the development of such higher level of detail will
not prevent the lead agency from making an impar-
tial decision as to whether to accept another alter-
native which is being considered in the environ-
mental review process.
‘‘(f) COMMENT DEADLINES.—The lead agency shall
establish the following deadlines for comment during the
environmental review process for a project:
‘‘(1) For comments by agencies and the public
on a draft environmental impact statement, a period
of no more than 60 days from the date of public
availability of such document, unless—
‘‘(A) a different deadline is established by
agreement of the lead agency, the project spon-
sor, and all participating agencies; or
‘‘(B) the deadline is extended by the lead
agency for good cause.
‘‘(2) For all other comment periods established
by the lead agency for agency or public comments in
the environmental review process, a period of no
873
more than 30 days from availability of the materials
on which comment is requested, unless—
‘‘(A) a different deadline is established by
agreement of the lead agency, the project spon-
sor, and all participating agencies; or
‘‘(B) the deadline is extended by the lead
agency for good cause.
‘‘(g) ISSUE IDENTIFICATION AND RESOLUTION.—
‘‘(1) COOPERATION.—The lead agency and the
participating agencies shall work cooperatively in ac-
cordance with this section to identify and resolve
issues that could delay completion of the environ-
mental review process or could result in denial of
any approvals required for the project under applica-
ble laws.
‘‘(2) LEAD
AGENCY
RESPONSIBILITIES.—The
lead agency shall make information available to the
participating agencies as early as practicable in the
environmental review process regarding the environ-
mental and socioeconomic resources located within
the project area and the general locations of the al-
ternatives under consideration. Such information
may be based on existing data sources, including ge-
ographic information systems mapping.
874
‘‘(3) PARTICIPATING
AGENCY
RESPONSIBIL-
ITIES.—Based on information received from the lead
agency, participating agencies shall identify, as early
as practicable, any issues of concern regarding the
project’s potential environmental or socioeconomic
impacts. In this paragraph, issues of concern include
any issues that could substantially delay or prevent
an agency from granting a permit or other approval
that is needed for the project.
‘‘(4) ISSUE RESOLUTION.—Whenever issues of
concern are identified or at any time upon request
of a project sponsor, the lead agency shall promptly
convene a meeting with the relevant participating
agencies. If a resolution cannot be achieved within
30 days following such a meeting and a determina-
tion by the lead agency that all information nec-
essary to resolve the issue has been obtained, the
lead agency shall notify the heads of all Federal
agencies involved in the meeting and the Committee
on Environment and Public Works of the Senate
and the Committee on Transportation and Infra-
structure of the House of Representatives and shall
publish such notification in the Federal Register.
‘‘(h) PARTICIPATION OF STATE AGENCIES.—For any
project eligible for assistance under title 23 or chapter 53,
875
a State may require, under procedures established by
State law, that all State agencies that have jurisdiction
by State or Federal law over environmental-related issues
that may be affected by the project, or that are required
to issue any environmental-related reviews, analyses, opin-
ions, or determinations on issuing any permits, licenses,
or approvals for the project, be subject to the coordinated
environmental review process established under this sec-
tion unless the Secretary determines that a State agency’s
participation would not be in the public interest. A State
participating in the review process must require all State
agencies with jurisdiction to be subject to and comply with
the review process to the same extent as a Federal agency.
‘‘(i) ASSISTANCE TO AFFECTED STATE AND FED-
ERAL AGENCIES.—
‘‘(1) IN GENERAL.—For a project that is sub-
ject to the environmental review process established
under this section and for which funds are made
available to a State under title 23 or chapter 53, the
Secretary may approve a request by the State to
provide funds so made available to affected Federal
agencies (including the Department of Transpor-
tation), State agencies, and Indian tribes partici-
pating in the environmental review process for the
project. Such funds may be provided only to support
876
activities that directly and meaningfully contribute
to expediting and improving transportation project
planning and delivery. Such activities may include
dedicated staffing, training of agency personnel, in-
formation gathering and mapping, and development
of programmatic agreements. The Secretary may
also use funds made available under section 204 of
title 23 for a project for the purposes specified in
this subsection with respect to the environmental re-
view process for the project.
‘‘(2) AMOUNTS.—Requests under paragraph (1)
may be approved only for the additional amounts
that the Secretary determines are necessary for the
Federal agencies, State agencies, or Indian tribes
participating in the environmental review process to
meet the time limits for environmental review.
‘‘(3) CONDITION.—A request under paragraph
(1) to expedite time limits for environmental review
may be approved only if such time limits are less
than the customary time necessary for such review.
‘‘(j) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
‘‘(1) JUDICIAL REVIEW.—Except as set forth
under subsection (k), nothing in this section shall af-
fect the reviewability of any final Federal agency ac-
tion in a court of the United States.
877
‘‘(2) SAVINGS CLAUSE.—Nothing in this section
shall be construed as superseding, amending, or
modifying the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other Federal
environmental statute or affect the responsibility of
any Federal officer to comply with or enforce any
such statute.
‘‘(3) LIMITATIONS.—Nothing in this section
shall preempt or interfere with—
‘‘(A) any practice of seeking, considering,
or responding to public comment; or
‘‘(B) any power, jurisdiction, responsibility,
or authority that a Federal, State, or local gov-
ernment agency, metropolitan planning organi-
zation, Indian tribe, or project sponsor has with
respect to carrying out a project or any other
provisions of law applicable to projects, plans,
or programs.
‘‘(k) LIMITATIONS ON CLAIMS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, a claim arising under Federal law
seeking judicial review of a permit, license, or ap-
proval issued by a Federal agency for a highway or
public transportation capital project shall be barred
unless it is filed within 90 days after the permit, li-
878
cense, or approval is final pursuant to the law under
which the agency action is taken, unless a shorter
time is specified in the Federal law pursuant to
which judicial review is allowed. Nothing in this sub-
section shall create a right to judicial review or place
any limit on filing a claim that a person has violated
the terms of a permit, license, or approval.
‘‘(2) NEW INFORMATION.—The Secretary shall
consider new information received after the close of
a comment period if the information satisfies the re-
quirements for a supplemental environmental impact
statement under section 771.130 of title 23, Code of
Federal Regulations. The preparation of a supple-
mental environmental impact statement when re-
quired shall be considered a separate final agency
action and the deadline for filing a claim for judicial
review of such action shall be 90 days after the date
of such action.’’.
(c) EXISTING
ENVIRONMENTAL
REVIEW
PROC-
ESSES.—Nothing in this section shall be deemed to affect
any existing environmental review process approved by the
Secretary.
SEC. 6003. POLICY ON HISTORIC SITES.
(a) TITLE 49.—Section 303 of title 49, United States
Code, is amended by adding at the end the following:
879
‘‘(d) SPECIAL RULES FOR HISTORIC SITES.—
‘‘(1) IN GENERAL.—The requirements of this
section are deemed to be satisfied in any case in
which the treatment of a historic site has been
agreed upon in accordance with section 106 of the
National Historic Preservation Act (16 U.S.C. 470f)
and the agreement includes a determination that the
program or project will not have an adverse effect on
the historic site.
‘‘(2) LIMITATION
ON
APPLICABILITY.—This
subsection does not apply in any case in which the
Advisory Council on Historic Preservation deter-
mines, concurrent with or prior to the conclusion of
section 106 consultation, that allowing section 106
compliance to satisfy the requirements of this sec-
tion would be inconsistent with the objectives of the
National Historic Preservation Act. The Council
shall make such a determination if petitioned to do
so by a section 106 consulting party, unless the
Council affirmatively finds that the views of the re-
questing party have been adequately considered and
that section 106 compliance will adequately protect
historic properties.
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
880
‘‘(A) SECTION 106 CONSULTATION.—The
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of
the National Historic Preservation Act (16
U.S.C. 470f).
‘‘(B) ADVERSE
EFFECT.—The term ‘ad-
verse effect’ means altering, directly or indi-
rectly, any of the characteristics of a historic
property that qualify the property for inclusion
in the National Register in a manner that
would diminish the integrity of the property’s
location, design, setting, materials, workman-
ship, feeling, or association.’’.
(b) TITLE 23.—Section 138 of title 23, United States
Code is amended—
(1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It is’’;
and
(2) by striking ‘‘In carrying’’ and inserting the
following:
‘‘(c) STUDIES.—In carrying’’; and
(3) by inserting after subsection (a) (as des-
ignated by paragraph (1)) the following:
‘‘(b) SPECIAL RULES FOR HISTORIC SITES.—
‘‘(1) IN GENERAL.—The requirements of this
section are deemed to be satisfied in any case in
881
which the treatment of a historic site has been
agreed upon in accordance with section 106 of the
National Historic Preservation Act (16 U.S.C. 470f)
and the agreement includes a determination that the
program or project will not have an adverse effect on
the historic site.
‘‘(2) LIMITATION
ON
APPLICABILITY.—This
subsection does not apply in any case in which the
Advisory Council on Historic Preservation deter-
mines, concurrent with or prior to the conclusion of
section 106 consultation, that allowing section 106
compliance to satisfy the requirements of this sec-
tion would be inconsistent with the objectives of the
National Historic Preservation Act. The Council
shall make such a determination if petitioned to do
so by a section 106 consulting party, unless the
Council affirmatively finds that the views of the re-
questing party have been adequately considered and
that section 106 compliance will adequately protect
historic properties.
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) SECTION 106 CONSULTATION.—The
term ‘section 106 consultation’ means the con-
sultation process required under section 106 of
882
the National Historic Preservation Act (16
U.S.C. 470f).
‘‘(B) ADVERSE
EFFECT.—The term ‘ad-
verse effect’ means altering, directly or indi-
rectly, any of the characteristics of a historic
property that qualify the property for inclusion
in the National Register in a manner that
would diminish the integrity of the property’s
location, design, setting, materials, workman-
ship, feeling, or association.’’.
SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM.
Section 103(c) of title 23, United States Code, is
amended by adding at the end the following:
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the Interstate System shall
not be considered to be a historic site under
section 303 of title 49 or section 138 of this
title, regardless of whether the Interstate Sys-
tem or portions of the Interstate System are
listed on, or eligible for listing on, the National
Register of Historic Places.
‘‘(B) INDIVIDUAL ELEMENTS.—Subject to
subparagraph (C), a portion of the Interstate
System that possesses an independent feature
883
of historic significance (such as a historic
bridge or a highly significant engineering fea-
ture) that is listed on, or eligible for listing on,
the National Register of Historic Places, shall
be considered to be a historic site under section
303 of title 49 or section 138 of this title, as
applicable.
‘‘(C) CONSTRUCTION, MAINTENANCE, RES-
TORATION, AND REHABILITATION ACTIVITIES.—
Subparagraph (B) does not prohibit a State
from carrying out construction, maintenance,
restoration, or rehabilitation activities for a por-
tion of the Interstate System referred to in sub-
paragraph (B) upon compliance with section
303 of title 49 or section 138 of this title, as
applicable, and section 106 of the National His-
toric Preservation Act of 1966 (16 U.S.C.
470f).’’.
TITLE VII—HAZARDOUS
MATERIALS TRANSPORTATION
SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES
CODE.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
884
provision, the reference shall be considered to be made to
a section or other provision of title 49, United States
Code.
SEC. 7002. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds with respect to haz-
ardous materials transportation that—
(1) approximately 4,000,000,000 tons of regu-
lated hazardous materials are transported each year
and approximately 1,200,000 movements of haz-
ardous materials occur each day, according to De-
partment of Transportation estimates;
(2) the movement of hazardous materials in
commerce is necessary to maintain economic vitality
and meet consumer demands and must be conducted
in a safe and efficient manner;
(3) accidents involving, or unauthorized access
to, hazardous materials in transportation may result
in a release of such materials and pose a serious
threat to public health and safety;
(4) many States and localities have enacted
laws and regulations that vary from Federal laws
and regulations pertaining to the transportation of
hazardous materials, thereby creating the potential
for unreasonable hazards in other jurisdictions and
885
confounding shippers and carriers that attempt to
comply with multiple regulatory requirements;
(5) because of the potential risks to life, prop-
erty, and the environment posed by unintentional re-
leases of hazardous materials, consistency in laws
and regulations governing the transportation of haz-
ardous materials is necessary and desirable;
(6) in order to achieve greater uniformity and
to promote the public health, welfare, and safety at
all levels, Federal standards for regulating the trans-
portation of hazardous materials in intrastate, inter-
state, and foreign commerce are necessary and desir-
able; and
(7) in order to provide reasonable, adequate,
and cost-effective protection from the risks posed by
the transportation of hazardous materials, a network
of well-trained State and local emergency response
personnel and hazmat employees is essential.
(b) PURPOSE.—The text of section 5101 is amended
to read as follows: ‘‘The purpose of this chapter is to pro-
tect against the risks to life, property, and the environ-
ment that are inherent in the transportation of hazardous
material in intrastate, interstate, and foreign commerce.’’.
SEC. 7003. DEFINITIONS.
Section 5102 is amended—
886
(1) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A);
(B) by striking the period at the end of
subparagraph (B) and inserting ‘‘; or’’; and
(C) by inserting at the end the following:
‘‘(C) on a United States registered air-
craft.’’;
(2) in paragraph (8) by striking ‘‘national re-
sponse team’’ each place it appears and inserting
‘‘National Response Team’’;
(3) by redesignating paragraphs (11), (12), and
(13) as paragraphs (12), (13), and (14), respec-
tively; and
(4) by inserting after paragraph (10) the fol-
lowing:
‘‘(11) ‘Secretary’ means the Secretary of Trans-
portation.’’.
SEC. 7004. GENERAL REGULATORY AUTHORITY.
(a) TECHNICAL AMENDMENTS.—Section 5103(a) is
amended—
(1) by striking ‘‘etiologic agent,’’ and inserting
‘‘infectious substance,’’; and
(2) by striking ‘‘poison,’’ and inserting ‘‘toxic,’’.
887
(b) REGULATIONS FOR SAFE TRANSPORTATION.—
Section 5103(b)(1)(A) is amended—
(1) in clause (i) by striking ‘‘transporting’’ and
inserting ‘‘that transports’’;
(2) in clause (ii)—
(A) by striking ‘‘causing’’ and inserting
‘‘that causes’’; and
(B) by striking ‘‘or’’ at the end; and
(3) by striking clause (iii) and inserting the fol-
lowing:
‘‘(iii) that designs, manufactures, fab-
ricates, inspects, marks, maintains, recondi-
tions, repairs, or tests a package or container
that is represented, marked, certified, or sold by
that person as qualified for use in transporting
hazardous material in commerce;
‘‘(iv) that prepares or accepts hazardous
material for transportation in commerce;
‘‘(v) that is responsible for the safety of
transporting hazardous material in commerce;
‘‘(vi) that certifies compliance with any re-
quirement of this chapter; or
‘‘(vii) that misrepresents whether the per-
son is engaged in any of the activities described
in this subparagraph; and’’.
888
(c) TECHNICAL AMENDMENT.—Section 5103(b) is
amended—
(1) by moving subparagraph (C) from the end
of paragraph (1) and inserting it after paragraph
(2);
(2) by redesignating such subparagraph as
paragraph (3); and
(3) by moving such paragraph (3) 2 ems to the
left.
SEC. 7005. CHEMICAL OR BIOLOGICAL MATERIALS.
Section 5103a(c) is amended—
(1) in paragraph (2) by striking ‘‘this sub-
section’’ and inserting ‘‘paragraph (1)’’; and
(2) by adding at the end the following:
‘‘(3) STANDARDS.—The Secretary shall pre-
scribe by regulation uniform standards (including
standards used to disqualify applicants) governing—
‘‘(A) 
the 
collection 
by 
States 
of
background information authorized by para-
graph (1);
‘‘(B) the collection, transmission, and re-
view of background information; and
‘‘(C) the notification of an applicant of the
results of the background check.
889
‘‘(4) FEES.—A State may impose and collect an
appropriate fee to carry out paragraph (1) con-
sistent with section 5125(f).
‘‘(5) OPERATORS REGISTERED IN MEXICO AND
CANADA.—No operator of a commercial motor vehi-
cle (as defined in section 31101) licensed in Mexico
or Canada may operate in the United States a com-
mercial motor vehicle transporting hazardous mate-
rial until the operator has undergone a background
records check similar to the background records
check required of operators of commercial motor ve-
hicles licensed in the United States to transport haz-
ardous materials.’’.
SEC. 7006. REPRESENTATION AND TAMPERING.
(a) 
REPRESENTATION.—Section 
5104(a) 
is
amended—
(1) by striking ‘‘A person’’ and inserting ‘‘No
person’’;
(2) in paragraph (1) by striking ‘‘only if’’ and
all that follows through ‘‘meets’’ and inserting ‘‘if it
does not conform to’’; and
(3) in paragraph (2) by striking ‘‘only if’’ and
inserting ‘‘unless’’.
890
(b) TAMPERING.—Section 5104(b) is amended by
striking ‘‘A person may not’’ and inserting ‘‘No person
may’’.
SEC. 7007. TECHNICAL AMENDMENTS.
(a) ELIMINATION OF COMPLETED STUDY.—Section
5105 is amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as sub-
section (d).
(b) 
CLASSIFICATION
OF
EXPLOSIVES.—Section
5108(a)(1)(B) is amended by striking ‘‘class A or B’’ and
inserting ‘‘Division 1.1, 1.2, or 1.3’’.
SEC. 7008. TRAINING OF CERTAIN EMPLOYEES.
Section 5107 is amended—
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h);
(2) in subsection (g)(2) (as so redesignated) by
striking ‘‘sections 5106, 5108(a)–(g)(1) and (h), and
5109 of this title’’ and inserting ‘‘section 5106’’; and
(3) by inserting after subsection (e) the fol-
lowing:
‘‘(f) TRAINING OF CERTAIN EMPLOYEES.—The Sec-
retary shall ensure that maintenance-of-way employees
and railroad signalmen receive general awareness/famil-
891
iarization training and safety training pursuant to section
172.704 of title 49, Code of Federal Regulations.’’.
SEC. 7009. REGISTRATION.
(a) PERSONS REQUIRED TO FILE.—Section 5108(a)
is amended—
(1) in paragraph (2)(B) by striking ‘‘manufac-
turing, fabricating, marking, maintaining, recondi-
tioning, repairing, or testing’’ and inserting ‘‘design-
ing, manufacturing, fabricating, inspecting, marking,
maintaining, reconditioning, repairing, or testing’’;
and
(2) by aligning the left margin of paragraph (4)
with the left margin of paragraph (3).
(b) 
FILING
SCHEDULE.—Section 
5108(c) 
is
amended—
(1) by striking the subsection heading and in-
serting ‘‘FILING SCHEDULE’’; and
(2) in paragraph (1)—
(A) by striking ‘‘must file the first’’ and
inserting ‘‘shall file that’’;
(B) by striking ‘‘not later than March 31,
1992’’ and inserting ‘‘in accordance with regu-
lations issued by the Secretary’’; and
(C) by striking the second sentence.
(c) FEES.—Section 5108(g) is amended—
892
(1) in paragraph (1) by striking ‘‘may’’ and in-
serting ‘‘shall’’;
(2) in paragraph (2)(A) by striking ‘‘$5,000’’
and inserting ‘‘$3,000’’; and
(3) by adding at the end the following:
‘‘(3) FEES
ON
EXEMPT
PERSONS.—Notwith-
standing subsection (a)(4), the Secretary shall im-
pose and collect a fee of $25 from a person who is
required to register under this section but who is
otherwise exempted by the Secretary from paying
any fee under this section. The fee shall be used to
pay the cost of the Secretary in processing registra-
tion statements filed by such persons.’’.
(d) RELATIONSHIP
TO
OTHER
LAWS.—Section
5108(i)(2)(B) is amended by inserting ‘‘, Indian tribe,’’
after ‘‘State’’ the first place it appears.
(e) HAZMAT
REGISTRATION
NOTIFICATION.—As
soon as practicable, the Administrator of the Research and
Special Programs Administration of the Department of
Transportation shall transmit to the Federal Motor Car-
rier Safety Administration hazardous material registrant
information obtained before, on, or after the date of enact-
ment of this Act under section 5108 of title 49, United
States Code, together with any Department of Transpor-
tation identification number for each registrant.
893
SEC. 7010. PROVIDING SHIPPING PAPERS.
Section 5110 is amended—
(1) in subsection (a) by striking ‘‘under sub-
section (b) of this section’’ and inserting ‘‘by regula-
tion’’; and
(2) in subsection (e) by striking ‘‘1 year’’ and
inserting ‘‘2 years after the date of preparation of
the shipping paper’’.
SEC. 7011. RAIL TANK CARS.
Section 5111, and the item relating to such section
in the analysis for chapter 51, are repealed.
SEC. 7012. UNSATISFACTORY SAFETY RATING.
The text of section 5113 is amended to read as fol-
lows: ‘‘A person who violates section 31144(c)(3) shall be
subject to the penalties in sections 5123 and 5124.’’.
SEC. 7013. TRAINING CURRICULUM FOR THE PUBLIC SEC-
TOR.
(a) 
REQUIREMENTS.—Section 
5115(b)(1)(C) 
is
amended by striking ‘‘under other United States Govern-
ment grant programs, including those’’ and inserting
‘‘with Federal financial assistance, including programs’’.
(b) TRAINING
ON COMPLYING WITH LEGAL RE-
QUIREMENTS.—Section 5115(c)(3) is amended by insert-
ing before the period at the end the following: ‘‘and such
other voluntary consensus standard-setting organizations
as the Secretary determines appropriate’’.
894
(c) DISTRIBUTION
AND
PUBLICATION.—Section
5115(d) is amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘national response team’’ and inserting
‘‘National Response Team’’;
(2) in paragraph (1) by striking ‘‘Director of
the Federal Emergency Management Agency’’ and
inserting ‘‘Secretary’’; and
(3) in paragraph (2)—
(A) by inserting ‘‘and distribute’’ after
‘‘publish’’; and
(B) by striking ‘‘programs that uses’’ and
all that follows before the period at the end and
inserting ‘‘programs and courses developed
under this section’’.
SEC. 7014. PLANNING AND TRAINING GRANTS, MONI-
TORING, AND REVIEW.
(a) FACTORS
TO
CONSIDER
IN
DETERMINING
NEEDS.—Section 5116(b)(4) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by redesignating subparagraph (E) as sub-
paragraph (F); and
(3) by inserting after subparagraph (D) the fol-
lowing:
895
‘‘(E) the report submitted by the State to the
Secretary under section 5125(f)(2); and’’.
(b) COMPLIANCE WITH CERTAIN LAW.—Section
5116(c) is amended—
(1) by inserting ‘‘or Indian tribe’’ after ‘‘a
State’’;
(2) by inserting ‘‘or Indian tribe’’ after ‘‘the
State’’ the first place it appears; and
(3) by inserting ‘‘(1) the State or Indian tribe
is complying with all applicable requirements of this
chapter (including section 5125(f)), and (2) in the
case of a State,’’ after ‘‘certifies that’’.
(c) GOVERNMENT’S
SHARE
OF
COSTS.—Section
5116(e) is amended by striking the second sentence and
inserting the following: ‘‘Amounts received by the State
or tribe under subsections (a)(1) and (b)(1) are not part
of the non-Government share under this subsection.’’.
(d) MONITORING
AND TECHNICAL ASSISTANCE.—
Section 5116(f) is amended—
(1) in the first sentence—
(A) by striking ‘‘Secretaries of Transpor-
tation and Energy,’’ and inserting ‘‘Secretary of
Energy, Director of the Federal Emergency
Management Agency,’’; and
896
(B) by striking ‘‘Director of the Federal
Emergency Management Agency shall’’ and in-
serting ‘‘Secretary of Transportation shall’’;
and
(2) in the second sentence—
(A) by striking ‘‘the Secretaries, Adminis-
trator, and Directors each shall’’ and inserting
‘‘the Secretary shall’’; and
(B) by striking ‘‘national response team’’
and inserting ‘‘National Response Team’’.
(e) DELEGATION OF AUTHORITY.—Section 5116(g)
is amended by striking ‘‘Government grant programs’’ and
inserting ‘‘Federal financial assistance’’.
(f) HAZARDOUS
MATERIALS
EMERGENCY
PRE-
PAREDNESS FUND.—Section 5116(i) is amended—
(1) by striking the subsection heading and in-
serting ‘‘HAZARDOUS MATERIALS EMERGENCY PRE-
PAREDNESS FUND.—’’;
(2) in the matter preceding paragraph (1)—
(A) by inserting ‘‘, to be known as the
‘Hazardous Materials Emergency Preparedness
Fund’,’’ after ‘‘account in the Treasury’’; and
(B) by striking ‘‘section 5108(g)(2)(A) of
this title’’ and all that follows before the period
897
at the end of the first sentence and inserting
‘‘this chapter’’;
(3) by striking ‘‘and’’ at the end of paragraph
(2);
(4) by redesignating paragraph (3) as para-
graph (4); and
(5) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) to publish and distribute the Emergency
Response Guidebook; and’’.
(g) REPORTS.—In section 5116(k)—
(1) by striking the first sentence and inserting
the following: ‘‘The Secretary shall submit to Con-
gress and make available to the public annually a re-
port on the allocation and uses of planning grants
under subsection (a), training grants under sub-
section (b), and grants under subsection (j) and
under section 5107.’’; and
(2) in the second sentence by striking ‘‘Such re-
port’’ and inserting ‘‘The report’’.
SEC. 7015. SPECIAL PERMITS AND EXCLUSIONS.
(a) SECTION HEADING.—
(1) IN GENERAL.—Section 5117 is amended by
striking the section number and heading and insert-
ing the following:
898
‘‘§ 5117. Special permits and exclusions’’.
(2) CONFORMING AMENDMENT.—The item re-
lating to section 5117 in the analysis for chapter 51
is amended to read as follows:
‘‘5117. Special permits and exclusions.’’.
(b) SUBSECTION HEADING.—The heading for sub-
section (a) of section 5117 is amended by striking ‘‘EX-
EMPT’’ and inserting ‘‘ISSUE SPECIAL PERMITS’’.
(c) AUTHORITY TO ISSUE SPECIAL PERMITS.—Sec-
tion 5117(a)(1) is amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘,
modify, or terminate a special permit authorizing a
variance’’; and
(2) by striking ‘‘transporting, or causing to be
transported, hazardous material’’ and inserting
‘‘performing a function regulated by the Secretary
under section 5103(b)(1)’’.
(d) 
PERIOD
OF
SPECIAL
PERMIT.—Section
5117(a)(2) is amended to read as follows:
‘‘(2) A special permit issued under this section shall
be effective for an initial period of not more than 2 years
and may be renewed by the Secretary upon application
for an additional period of not more than 4 years or, in
the case of a special permit relating to section 5112, for
an additional period of not more than 2 years.’’.
(e) APPLICATIONS.—Sections 5117(b) is amended—
899
(1) by striking ‘‘an exemption’’ each place it ap-
pears and inserting ‘‘a special permit’’; and
(2) by striking ‘‘the exemption’’ and inserting
‘‘the special permit’’.
(f) DEALING WITH APPLICATIONS PROMPTLY.—Sec-
tion 5117(c) is amended by striking ‘‘the exemption’’ each
place it appears and inserting ‘‘the special permit’’.
(g) LIMITATION ON AUTHORITY.—Section 5117(e) is
amended—
(1) by striking ‘‘an exemption’’ and inserting ‘‘a
special permit’’; and
(2) by striking ‘‘be exempt’’ and inserting ‘‘be
granted a variance’’.
SEC. 7016. UNIFORM FORMS AND PROCEDURES.
Section 5119 is amended to read as follows:
‘‘§ 5119. Uniform forms and procedures
‘‘(a) ESTABLISHMENT OF WORKING GROUP.—The
Secretary shall establish a working group of State and
local government officials, including representatives of the
National Governors’ Association, the National Association
of Counties, the National League of Cities, the United
States Conference of Mayors, the National Conference of
State Legislatures, and the Alliance for Uniform Hazmat
Transportation Procedures.
900
‘‘(b) PURPOSE OF WORKING GROUP.—The purpose
of the working group shall be to establish uniform forms
and procedures for a State to register, and to issue per-
mits to, persons that transport, or cause to be transported,
hazardous material by motor vehicle in the State.
‘‘(c) LIMITATION ON WORKING GROUP.—The work-
ing group may not propose to define or limit the amount
of a fee a State may impose or collect.
‘‘(d) PROCEDURE.—The Secretary shall develop a
procedure by which the working group shall harmonize ex-
isting State registration and permit laws and regulations
relating to the transportation of hazardous materials, with
special attention paid to each State’s unique safety con-
cerns and interest in maintaining strong hazmat safety
standards.
‘‘(e) REPORT OF WORKING GROUP.—Not later than
18 months after the date of enactment of this subsection,
the working group shall transmit to the Secretary a report
containing recommendations for establishing uniform
forms and procedures described in subsection (b).
‘‘(f) REGULATIONS.—Not later than 2 years after the
date of enactment of this subsection, the Secretary shall
issue regulations to carry out such recommendations of
the working group as the Secretary considers appropriate.
901
‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as prohibiting
a State from voluntarily participating in a program of uni-
form forms and procedures until such time as the Sec-
retary issues regulations under subsection (f).’’.
SEC. 7017. INTERNATIONAL UNIFORMITY OF STANDARDS
AND REQUIREMENTS.
(a) CONSULTATION.—Section 5120(b) is amended by
inserting ‘‘and requirements’’ after ‘‘standards’’.
(b) DIFFERENCES WITH INTERNATIONAL STAND-
ARDS
AND
REQUIREMENTS.—Section 
5120(c) 
is
amended—
(1) in paragraph (1) by inserting ‘‘or require-
ment’’ after ‘‘standard’’ each place it appears; and
(2) in paragraph (2)—
(A) by inserting ‘‘standard or’’ before ‘‘re-
quirement’’ each place it appears; and
(B) by striking ‘‘included in a standard’’.
SEC. 7018. ADMINISTRATIVE.
(a) GENERAL
AUTHORITY.—Section 5121(a) is
amended—
(1) in the first sentence by inserting ‘‘conduct
tests,’’ after ‘‘investigate,’’;
902
(2) in the second sentence by striking ‘‘After’’
and inserting ‘‘Except as provided in subsections (c)
and (d), after’’; and
(3) by striking ‘‘regulation prescribed’’ and in-
serting ‘‘regulation, order, special permit, or ap-
proval issued’’.
(b) RECORDS, REPORTS, AND INFORMATION.—Sec-
tion 5121(b) is amended—
(1) in paragraph (1) by inserting ‘‘and prop-
erty’’ after ‘‘records’’; and
(2) in paragraph (2)—
(A) 
by 
inserting 
‘‘property,’’ 
after
‘‘records,’’;
(B) by inserting ‘‘for inspection’’ after
‘‘available’’; and
(C) by striking ‘‘requests’’ and inserting
‘‘undertakes an investigation or makes a re-
quest’’.
(c) ENHANCED AUTHORITY TO DISCOVER HIDDEN
SHIPMENTS OF HAZARDOUS MATERIAL.—Section 5121(c)
is amended to read as follows:
‘‘(c) INSPECTIONS AND INVESTIGATIONS.—
‘‘(1) IN GENERAL.—A designated officer, em-
ployee, or agent of the Secretary may—
903
‘‘(A) inspect and investigate, at a reason-
able time and in a reasonable manner, records
and property relating to a function described in
section 5103(b)(1);
‘‘(B) except in the case of packaging im-
mediately adjacent to its hazardous material
contents, gain access to, open, and examine a
package offered for, or in, transportation when
the officer, employee, or agent has an objec-
tively reasonable and articulable belief that the
package may contain a hazardous material;
‘‘(C) remove from transportation a pack-
age or related packages in a shipment offered
for or in transportation for which—
‘‘(i) such officer, employee, or agent
has 
an 
objectively 
reasonable 
and
articulable belief that the package may
pose an imminent hazard; and
‘‘(ii) such officer, employee, or agent
contemporaneously documents such belief
in accordance with procedures set forth in
guidance or regulations prescribed under
subsection (e);
‘‘(D) gather information from the offeror,
carrier, packaging manufacturer or retester, or
904
other person responsible for the package, to as-
certain the nature and hazards of the contents
of the package;
‘‘(E) as necessary, under terms and condi-
tions specified by the Secretary, order the offer-
or, carrier, packaging manufacturer or retester,
or other person responsible for the package to
have the package transported to, opened, and
the contents examined and analyzed, at a facil-
ity appropriate for the conduct of such exam-
ination and analysis; and
‘‘(F) when safety might otherwise be com-
promised, authorize properly qualified personnel
to assist in the activities conducted under this
subsection.
‘‘(2) DISPLAY
OF
CREDENTIALS.—An officer,
employee, or agent acting under this subsection shall
display proper credentials when requested.
‘‘(3) 
SAFE
RESUMPTION
OF
TRANSPOR-
TATION.—In instances when, as a result of an in-
spection or investigation under this subsection, an
imminent hazard is not found to exist, the Sec-
retary, in accordance with procedures set forth in
regulations prescribed under subsection (e), shall
assist—
905
‘‘(A) in the safe resumption of transpor-
tation of the package concerned; or
‘‘(B) in any case in which the hazardous
material being transported is perishable, in the
safe and expeditious resumption of transpor-
tation of the perishable hazardous material.’’.
(d) EMERGENCY AUTHORITY FOR HAZARDOUS MA-
TERIAL TRANSPORTATION.—Section 5121 is amended—
(1) by redesignating subsections (d) and (e) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (c) the fol-
lowing:
‘‘(d) EMERGENCY ORDERS.—
‘‘(1) IN GENERAL.—If, upon inspection, inves-
tigation, testing, or research, the Secretary deter-
mines that either a violation of a provision of this
chapter or a regulation issued under this chapter, or
an unsafe condition or practice, constitutes or is
causing an imminent hazard, the Secretary may
issue an emergency order, without notice or the op-
portunity for a hearing, but only to the extent nec-
essary to abate the imminent hazard.
‘‘(2) WRITTEN ORDERS.—An emergency order
issued under paragraph (1) shall be in writing, de-
scribe the violation, condition, or practice that is
906
causing the imminent hazard, and state the restric-
tions, prohibitions, recalls, or out-of-service orders
issued. The emergency order also shall describe the
standards and procedures for obtaining relief from
the order.
‘‘(3) 
OPPORTUNITY
FOR
REVIEW.—After
issuing an emergency order under paragraph (1),
the Secretary shall provide an opportunity for review
of the order under section 554 of title 5 if a petition
for review is filed within 20 calendar days after the
date of issuance of the order.
‘‘(4) EXPIRATION
OF
EFFECTIVENESS
OF
EMERGENCY ORDER.—If a petition for review is filed
for an order and the review is not completed by the
end of the 30-day period beginning on the date the
petition was filed, the order shall cease to be effec-
tive at the end of that period unless the Secretary
determines in writing that the emergency situation
still exists.
‘‘(e) GUIDANCE AND REGULATIONS.—
‘‘(1) GUIDANCE.—Not later than 60 days after
the date of enactment of the Transportation Equity
Act: A Legacy for Users, the Secretary shall issue
interim guidance to carry out subsections (c) and
(d).
907
‘‘(2) REGULATIONS.—Not later than 1 year
after such date of enactment, the Secretary shall
issue regulations to carry out subsections (c) and (d)
in accordance with subchapter II of chapter 5 of
title 5.’’.
(e) REPORT.—Section 5121(g) (as redesignated by
subsection (d)(1) of this section) is amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘submit to the President for transmittal to
the Congress’’ and inserting ‘‘transmit to the Com-
mittee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Commerce, Science, and Transportation of the Sen-
ate’’; and
(2) in paragraph (4) by inserting ‘‘relating to a
function regulated by the Secretary under section
5103(b)(1)’’ after ‘‘activities’’.
(f) REPEAL
OF
OBSOLETE
PROVISION.—Section
5118, and the item relating to such section in the analysis
for chapter 51, are repealed.
SEC. 7019. ENFORCEMENT.
(a) GENERAL.—Section 5122(a) is amended by strik-
ing the second sentence and inserting ‘‘The court may
award appropriate relief, including a temporary or perma-
nent injunction, punitive damages, and assessment of civil
908
penalties considering the same penalty amounts and fac-
tors as prescribed for the Secretary in an administrative
case under section 5123.’’.
(b) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is
amended by striking ‘‘or ameliorate the’’ and inserting ‘‘or
mitigate the’’.
SEC. 7020. CIVIL PENALTY.
(a) PENALTY.—Section 5123(a) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘regulation prescribed or
order issued’’ and inserting ‘‘regulation, order,
special permit, or approval issued’’; and
(B) by striking ‘‘$25,000’’ and inserting
‘‘$50,000’’;
(2) by redesignating paragraph (2) as para-
graph (3); and
(3) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) If the Secretary finds that a violation under
paragraph (1) results in death, serious illness, or severe
injury to any person or substantial destruction of prop-
erty, the Secretary may increase the amount of the civil
penalty for such violation to not more than $100,000.’’.
909
(b) HEARING REQUIREMENT.—Section 5123(b) is
amended by striking ‘‘regulation prescribed’’ and inserting
‘‘regulation, order, special permit, or approval issued’’.
(c) CIVIL ACTIONS TO COLLECT.—Section 5123(d)
is amended by adding at the end the following: ‘‘In such
action, the validity, amount, and appropriateness of the
civil penalty shall not be subject to review.’’.
(d) COMPROMISE.—Section 5123(e) is amended by
striking ‘‘before referral to the Attorney General’’.
SEC. 7021. CRIMINAL PENALTY.
Section 5124 is amended to read as follows:
‘‘§ 5124. Criminal penalty
‘‘(a) IN GENERAL.—A person knowingly violating
section 5104(b) or willfully or recklessly violating this
chapter or a regulation, order, special permit, or approval
issued under this chapter shall be fined under title 18,
imprisoned for not more than 5 years, or both; except that
the maximum amount of imprisonment shall be 10 years
in any case in which the violation involves the release of
a hazardous material that results in death or bodily injury
to any person.
‘‘(b) KNOWING VIOLATIONS.—For purposes of this
section—
‘‘(1) a person acts knowingly when—
910
‘‘(A) the person has actual knowledge of
the facts giving rise to the violation; or
‘‘(B) a reasonable person acting in the cir-
cumstances and exercising reasonable care
would have that knowledge; and
‘‘(2) knowledge of the existence of a statutory
provision, or a regulation or a requirement required
by the Secretary, is not an element of an offense
under this section.
‘‘(c) WILLFUL VIOLATIONS.—For purposes of this
section, a person acts willfully when—
‘‘(1) the person has knowledge of the facts giv-
ing rise to the violation; and
‘‘(2) the person has knowledge that the conduct
was unlawful.
‘‘(d) RECKLESS VIOLATIONS.—For purposes of this
section, a person acts recklessly when the person displays
a deliberate indifference or conscious disregard to the con-
sequences of that person’s conduct.’’.
SEC. 7022. PREEMPTION.
(a) DUAL COMPLIANCE AND OBSTACLE TESTS.—
Section 5125(a) is amended by striking the subsection
heading and inserting ‘‘DUAL COMPLIANCE AND OBSTA-
CLE TESTS.—’’.
911
(b) SUBSTANTIVE DIFFERENCES.—The second sen-
tence of section 5125(b)(2) is amended by striking ‘‘after
November 16, 1990’’.
(c) DECISIONS ON PREEMPTION.—The third sentence
of section 5125(d)(1) is amended by inserting ‘‘and pub-
lish in the Federal Register’’ after ‘‘issue’’.
(d) JUDICIAL REVIEW.—Section 5125 is further
amended—
(1) by striking subsection (f) and redesignating
subsection (g) as subsection (f);
(2) in subsection (f) (as so redesignated) by
moving paragraph (2) (including subparagraphs (A)
through (D)) 2 ems to the left; and
(3) by adding at the end the following:
‘‘(g) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Subsections (b), (c)(1), (d), and (g) are inde-
pendent in their application to a requirement of any State,
political subdivision of a State, or Indian tribe and shall
be reviewed independently.’’.
SEC. 7023. RELATIONSHIP TO OTHER LAWS.
Section 5126(a) is amended by striking ‘‘must com-
ply’’ and inserting ‘‘shall comply’’.
912
SEC. 7024. JUDICIAL REVIEW.
(a) IN GENERAL.—Chapter 51 is amended by redes-
ignating section 5127 as section 5128 and by inserting
after section 5126 the following:
‘‘§ 5127. JUDICIAL REVIEW
‘‘(a) FILING AND VENUE.—Except as provided in
section 20114(c), a person adversely affected or aggrieved
by a final action of the Secretary under this chapter may
petition for review of the final action in the United States
Court of Appeals for the District of Columbia or in the
court of appeals for the United States for the circuit in
which the person resides or has its principal place of busi-
ness. The petition must be filed not more than 60 days
after the Secretary’s action becomes final.
‘‘(b) JUDICIAL PROCEDURES.—When a petition is
filed under subsection (a), the clerk of the court imme-
diately shall send a copy of the petition to the Secretary.
The Secretary shall file with the court a record of any
proceeding in which the final action was issued, as pro-
vided in section 2112 of title 28.
‘‘(c) AUTHORITY OF COURT.—The court has exclu-
sive jurisdiction, as provided in subchapter II of chapter
5 of title 5, to affirm or set aside any part of the Sec-
retary’s final action and may order the Secretary to con-
duct further proceedings. Findings of fact by the Sec-
913
retary, if supported by substantial evidence, are conclu-
sive.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing a final action under this section, the court may
consider an objection to a final action of the Secretary
only if the objection was made in the course of a pro-
ceeding or review conducted by the Secretary or if there
was a reasonable ground for not making the objection in
the proceeding.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 51 is amended by striking the item relating to
section 5127 and inserting the following:
‘‘5127. Judicial review.
‘‘5128. Authorization of appropriations.’’.
SEC. 7025. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 (as redesignated by section 7024) is
amended to read as follows:
‘‘§ 5128. Authorizations of appropriations
‘‘(a) IN GENERAL.—In order to carry out this chap-
ter (except sections 5107(e), 5108(g)(2), 5113, 5115,
5116, and 5119), the following amounts are authorized
to be appropriated to the Secretary:
‘‘(1) For fiscal year 2004, $24,981,000.
‘‘(2) For fiscal year 2005, $27,000,000.
‘‘(3) For fiscal year 2006, $29,000,000.
‘‘(4) For fiscal year 2007, $30,000,000.
915
‘‘(e) ISSUANCE OF HAZMAT LICENSES.—There are
authorized to be appropriated for the Department of
Transportation such amounts as may be necessary to
carry out section 5103a.
‘‘(f) CREDITS TO APPROPRIATIONS.—The Secretary
may credit to any appropriation to carry out this chapter
an amount received from a State, Indian tribe, or other
public authority or private entity for expenses the Sec-
retary incurs in providing training to the State, authority,
or entity.
‘‘(g) AVAILABILITY OF AMOUNTS.—Amounts made
available by or under this section remain available until
expended.’’.
SEC. 7026. DETERMINING AMOUNT OF UNDECLARED SHIP-
MENTS OF HAZARDOUS MATERIALS ENTER-
ING THE UNITED STATES.
(a) STUDY.—The Comptroller General shall conduct
a study to propose methods of determining the amount
of undeclared shipments of hazardous materials (as de-
fined in section 5101 of title 49, United States Code) en-
tering the United States.
(b) REPORT.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
916
mittee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
SEC. 7027. CONFORMING AMENDMENTS.
Chapter 51 is amended by striking ‘‘Secretary of
Transportation’’ each place it appears (other than the sec-
ond place it appears in section 5108(g)(2)(C), the first
place it appears in section 5115(a), and in sections
5116(g), 5116(i), and 5120(a)) and inserting ‘‘Secretary’’.
TITLE 
VIII—TRANSPORTATION
DISCRETIONARY 
SPENDING
GUARANTEE
SEC. 8001. DISCRETIONARY SPENDING LIMITS FOR THE
HIGHWAY AND MASS TRANSIT CATEGORIES.
(a) LIMITS.—(1) Section 251(c)(1) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is
amended—
(A) 
in 
subparagraph 
(A), 
by 
striking
‘‘$31,834,000,000’’ 
and 
inserting
‘‘$28,052,000,000’’; and
(B) 
in 
subparagraph 
(B), 
by 
striking
‘‘$1,462,000,000’’ and inserting ‘‘$1,436,000,000’’
and by striking ‘‘$6,629,000,000’’ and inserting
‘‘$6,271,000,000’’.
(2) Section 251(c)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by in-
917
serting a dash after ‘‘2005’’, by redesignating the remain-
ing portion of such paragraph as subparagraph (C) and
by moving it two ems to the right, and by inserting after
the dash the following new subparagraphs:
‘‘(A) 
for 
the 
highway 
category:
$30,585,000,000 in outlays;
‘‘(B) for the mass transit category:
$1,554,000,000 in new budget authority and
$6,787,000,000 in outlays; and’’.
(3) Section 251(c)(3) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by in-
serting a dash after ‘‘2006’’, by redesignating the remain-
ing portion of such paragraph as subparagraph (C) and
by moving it two ems to the right, and by inserting after
the dash the following new subparagraphs:
‘‘(A) 
for 
the 
highway 
category:
$33,271,000,000 in outlays;
‘‘(B) for the mass transit category:
$1,671,000,000 in new budget authority and
$7,585,000,000 in outlays; and’’.
(4) Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by re-
designating paragraphs (4) through (9) as paragraphs (7)
through (12) and inserting after paragraph (3) the fol-
lowing new paragraphs:
918
‘‘(4) with respect to fiscal year 2007—
‘‘(A) 
for 
the 
highway 
category:
$35,248,000,000 in outlays; and
‘‘(B) for the mass transit category:
$1,785,000,000 in new budget authority and
$8,110,000,000 in outlays;
‘‘(5) with respect to fiscal year 2008—
‘‘(A) 
for 
the 
highway 
category:
$36,587,000,000 in outlays; and
‘‘(B) for the mass transit category:
$1,890,000,000 in new budget authority and
$8,517,000,000 in outlays; and
‘‘(6) with respect to fiscal year 2009—
‘‘(A) 
for 
the 
highway 
category:
$37,682,000,000 in outlays; and
‘‘(B) for the mass transit category:
$2,017,000,000 in new budget authority and
$8,968,000,000 in outlays;’’.
(b) 
DEFINITIONS.—Section 
250(c)(4) 
of 
the
Balanced Budget and Emergency Deficit Control Act of
1985 is amended—
(1) in subparagraph (B), by—
(A) striking ‘‘the Transportation Equity
Act for the 21st Century and the Surface
Transportation Extension Act of 2003’’ and in-
919
serting ‘‘the Transportation Equity Act: A Leg-
acy for Users’’; and
(B) inserting before the period at the end
the following new clauses:
‘‘(v) 69-8158-0-7-401 (Motor Carrier Safe-
ty Grants).
‘‘(vi) 
69-8159-0-7-401 
(Motor 
Carrier
Safety Operations and Programs).’’;
(2) in subparagraph (C), by—
(A) inserting ‘‘(and successor accounts)’’
after ‘‘budget accounts’’; and
(B) striking ‘‘the Transportation Equity
Act for the 21st Century and the Surface
Transportation Extension Act of 2003 or for
which appropriations are provided pursuant to
authorizations contained in those Acts (except
that appropriations provided pursuant to sec-
tion 5338(h) of title 49, United States Code, as
amended by the Transportation Equity Act for
the 21st Century, shall not be included in this
category)’’ and inserting ‘‘the Transportation
Equity Act: A Legacy for Users or for which
appropriations are provided pursuant to author-
izations contained in that Act’’; and
920
(3) in subparagraph (D)(ii), by striking ‘‘sec-
tion 8103 of the Transportation Equity Act for the
21st Century’’ and inserting ‘‘section 8103 of the
Transportation Equity Act: A Legacy for Users’’.
SEC. 8002. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING
WITH REVENUES.
Subparagraphs (B) through (E) of section 251(b)(1)
of the Balanced Budget and Emergency Deficit Control
Act of 1985 are amended to read as follows:
‘‘(B) ADJUSTMENT
TO
ALIGN
HIGHWAY
SPENDING
WITH
REVENUES.—(i) When the
President submits the budget under section
1105 of title 31, United States Code, OMB
shall calculate and the budget shall make ad-
justments to the highway category for the budg-
et year and each outyear as provided in clause
(ii)(I)(cc).
‘‘(ii)(I)(aa) OMB shall take the actual level
of highway receipts for the year before the cur-
rent year and subtract the sum of the estimated
level of highway receipts in subclause (II) plus
any amount previously calculated under item
(bb) for that year.
(bb) OMB shall take the current estimate
of highway receipts for the current year and
921
subtract the estimated level of receipts for that
year.
‘‘(cc) OMB shall add one-half of the sum
of the amount calculated under items (aa) and
(bb) to the obligation limitations set forth in
the section 8103 of the Transportation Equity
Act: A Legacy for Users and, using current es-
timates, calculate the outlay change resulting
from the change in obligations for the budget
year and the first outyear and the outlays flow-
ing therefrom through subsequent fiscal years.
After making the calculations under the pre-
ceding sentence, OMB shall adjust the amount
of obligations set forth in that section for the
budget year and the first outyear by adding
one-half of the sum of the amount calculated
under items (aa) and (bb) to each such year.
‘‘(II) The estimated level of highway re-
ceipts for the purposes of this clause are—
‘‘(aa) 
for 
fiscal 
year 
2004,
$30,572,000,000;
‘‘(bb) 
for 
fiscal 
year 
2005,
$34,260,000,000;
‘‘(cc) 
for 
fiscal 
year 
2006,
$35,586,000,000;
922
‘‘(dd) 
for 
fiscal 
year 
2007,
$36,570,000,000;
‘‘(ee) 
for 
fiscal 
year 
2008,
$37,603,000,000; and
‘‘(ff) 
for 
fiscal 
year 
2009,
$38,651,000,000.
‘‘(III) In this clause, the term ‘highway re-
ceipts’ means the governmental receipts cred-
ited to the highway account of the Highway
Trust Fund.
‘‘(C) In addition to the adjustment required by
subparagraph (B), when the President submits the
budget under section 1105 of title 31, United States
Code, for fiscal year 2006, 2007, 2008, or 2009,
OMB shall calculate and the budget shall include for
the budget year and each outyear an adjustment to
the limits on outlays for the highway category and
the mass transit category equal to—
‘‘(i) the outlays for the applicable category
calculated assuming obligation levels consistent
with the estimates prepared pursuant to sub-
paragraph (D), as adjusted, using current tech-
nical assumptions; minus
923
‘‘(ii) the outlays for the applicable category
set forth in the subparagraph (D) estimates, as
adjusted.
‘‘(D)(i) When OMB and CBO submit their final
sequester report for fiscal year 2004, that report
shall include an estimate of the outlays for each of
the categories that would result in fiscal years 2005
through 2009 from obligations at the levels specified
in section 8103 of the Transportation Equity Act: A
Legacy for Users using current assumptions.
‘‘(ii) When the President submits the budget
under section 1105 of title 31, United States Code,
for fiscal year 2006, 2007, 2008, or 2009, OMB
shall adjust the estimates made in clause (i) by the
adjustments by subparagraphs (B) and (C).
‘‘(E) OMB shall consult with the Committees
on the Budget and include a report on adjustments
under subparagraphs (B) and (C) in the preview re-
port.’’.
SEC. 8003. LEVEL OF OBLIGATION LIMITATIONS.
(a) HIGHWAY CATEGORY.—For the purposes of sec-
tion 251(b) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, the level of obligation limitations
for the highway category is—
(1) for fiscal year 2004, $34,309,000,000;
924
(2) for fiscal year 2005, $35,671,000,000;
(3) for fiscal year 2006, $36,719,000,000;
(4) for fiscal year 2007, $37,800,000,000;
(5) for fiscal year 2008, $38,913,000,000; and
(6) for fiscal year 2009, $40,061,000,000.
(b) MASS TRANSIT CATEGORY.—For the purposes of
section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the level of obligation limita-
tions for the mass transit category is—
(1) for fiscal year 2004, $7,266,000,000;
(2) for fiscal year 2005, $7,750,000,000;
(3) for fiscal year 2006, $8,266,000,000;
(4) for fiscal year 2007, $8,816,000,000;
(5) for fiscal year 2008, $9,403,000,000; and
(6) for fiscal year 2009, $10,029,000,000.
For purposes of this subsection, the term ‘‘obligation limi-
tations’’ means the sum of budget authority and obligation
limitations.
SEC. 8004. ENFORCEMENT OF GUARANTEE.
Clause 3 of rule XXI of the Rules of the House of
Representatives is amended—
(1) by striking ‘‘Transportation Equity Act for
the 21st Century’’ and inserting ‘‘Transportation
Equity Act: A Legacy for Users’’; and
925
(2) by adding at the end the following: ‘‘For
purposes of this clause, any obligation limitation re-
lating to surface transportation projects under sec-
tion 1602 of the Transportation Equity Act for the
21st Century and section 1702 of the Transpor-
tation Equity Act: A Legacy for Users shall be as-
sumed to be administered on the basis of sound pro-
gram management practices that are consistent with
past practices of the administering agency permit-
ting States to decide High Priority Project funding
priorities within State program allocations.’’.
SEC. 8005. TRANSFER OF FEDERAL TRANSIT ADMINISTRA-
TIVE EXPENSES.
For purposes of clauses 2 and 3 of rule XXI of the
House of Representatives, it shall be in order to transfer
funds, in amounts specified in annual appropriations Acts
to carry out the Transportation Equity Act: A Legacy for
Users (including the amendments made by that Act), from
the Federal Transit Administration’s administrative ex-
penses account to other mass transit budget accounts
under section 250(c)(4)(C) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
926
TITLE IX—TAX PROVISIONS
SEC. 9000. SHORT TITLE, ETC.
(a) SHORT TITLE.—This title may be cited as the
‘‘Highway Reauthorization Tax Act of 2004’’.
(b) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this title an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986.
Subtitle A—Highway Trust Fund
Extension
SEC. 9101. EXTENSION OF HIGHWAY-RELATED TAXES AND
TRUST FUND.
(a) EXTENSION OF TAXES.—
(1) IN GENERAL.—The following provisions of
the Internal Revenue Code of 1986 are each amend-
ed by striking ‘‘2005’’ each place it appears and in-
serting ‘‘2011’’:
(A) Section 4041(a)(1)(C)(iii)(I) (relating
to rate of tax on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate
of tax on special motor fuels).
(C) Section 4051(c) (relating to termi-
nation of tax on heavy trucks and trailers).
927
(D) Section 4071(d) (relating to termi-
nation of tax on tires).
(E) Section 4081(d)(1) (relating to termi-
nation of tax on gasoline, diesel fuel, and ker-
osene).
(F) Section 4481(e) (relating to period tax
in effect).
(G) Section 4482(c)(4) (relating to taxable
period).
(H) Section 4482(d) (relating to special
rule for taxable period in which termination
date occurs).
(2) 
FLOOR
STOCKS
REFUNDS.—Section
6412(a)(1) of such Code (relating to floor stocks re-
funds) is amended—
(A) by striking ‘‘2005’’ each place it ap-
pears and inserting ‘‘2011’’, and
(B) by striking ‘‘2006’’ each place it ap-
pears and inserting ‘‘2012’’.
(b) EXTENSION OF CERTAIN EXEMPTIONS.—The fol-
lowing provisions of such Code are each amended by strik-
ing ‘‘2005’’ and inserting ‘‘2011’’:
(1) Section 4221(a) (relating to certain tax-free
sales).
928
(2) Section 4483(g) (relating to termination of
exemptions for highway use tax).
(c) EXTENSION OF DEPOSITS INTO TRUST FUNDS.—
(1) IN GENERAL.—Subsection (b), and para-
graphs (2) and (3) of subsection (c), of section 9503
of such Code (relating to the Highway Trust Fund)
are each amended—
(A) by striking ‘‘2005’’ each place it ap-
pears and inserting ‘‘2011’’, and
(B) by striking ‘‘2006’’ each place it ap-
pears and inserting ‘‘2012’’.
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX
TRANSFERS.—
(A) IN
GENERAL.—Paragraphs (4)(A)(i)
and (5)(A) of section 9503(c) of such Code are
each amended by striking ‘‘2005’’ and inserting
‘‘2011’’.
(B) CONFORMING AMENDMENTS TO LAND
AND
WATER
CONSERVATION
FUND.—Section
201(b) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–11(b)) is
amended—
(i) by striking ‘‘2003’’ and inserting
‘‘2009’’, and
929
(ii) by striking ‘‘2004’’ each place it
appears and inserting ‘‘2010’’.
(d) EXTENSION AND EXPANSION OF EXPENDITURES
FROM TRUST FUNDS.—
(1) HIGHWAY TRUST FUND.—
(A) HIGHWAY
ACCOUNT.—Paragraph (1)
of section 9503(c) of such Code is amended—
(i) in the matter before subparagraph
(A), by striking ‘‘May 1, 2004’’ and insert-
ing ‘‘October 1, 2009’’,
(ii) by striking ‘‘or’’ at the end of sub-
paragraph (F),
(iii) by striking the period at the end
of subparagraph (G) and inserting ‘‘, or’’,
(iv) by inserting after subparagraph
(G), the following new subparagraph:
‘‘(H) authorized to be paid out of the
Highway Trust Fund under the Transportation
Equity Act: A Legacy for Users.’’, and
(v) in the matter after subparagraph
(H), as added by clause (iv), by striking
‘‘Surface Transportation Extension Act of
2004’’ and inserting ‘‘Transportation Eq-
uity Act: A Legacy for Users’’.
930
(B) MASS TRANSIT ACCOUNT.—Paragraph
(3) of section 9503(e) of such Code is
amended—
(i) in the matter before subparagraph
(A), by striking ‘‘May 1, 2004’’ and insert-
ing ‘‘October 1, 2009’’,
(ii) in subparagraph (D), by striking
‘‘or’’ at the end of such subparagraph,
(iii) in subparagraph (E), by inserting
‘‘or’’ at the end of such subparagraph,
(iv) by inserting after subparagraph
(E) the following new subparagraph:
‘‘(F) the Transportation Equity Act: A
Legacy for Users,’’, and
(v) in the matter after subparagraph
(F), as added by clause (iv), by striking
‘‘Surface Transportation Extension Act of
2004’’ and inserting ‘‘Transportation Eq-
uity Act: A Legacy for Users’’.
(C) LIMITATION
ON
TRANSFERS.—Sub-
paragraph (B) of section 9503(b)(5) of such
Code is amended by striking ‘‘May 1, 2004’’
and inserting ‘‘October 1, 2009’’.
(2) AQUATIC RESOURCES TRUST FUND.—