To provide a complete substitute.

SA 605. Mr. INHOFE proposed an amendment to the bill H.R. 3,
Reserved; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2005''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
Sec. 3. Definitions for title 23.

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Funding

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Equity bonus programs.
Sec. 1105. Revenue aligned budget authority.

Subtitle B--New Programs

Sec. 1201. Infrastructure performance and maintenance program.
Sec. 1202. Future of surface transportation system.
Sec. 1203. Freight transportation gateways; freight intermodal
connections.
Sec. 1204. Construction of ferry boats and ferry terminal and
maintenance facilities; coordination of ferry
construction and maintenance.
Sec. 1205. Designation of Interstate Highways.
Sec. 1206. State-by-State comparison of highway construction costs.

Subtitle C--Finance

Sec. 1301. Federal share.
Sec. 1302. Transfer of highway and transit funds.
Sec. 1303. Transportation Infrastructure Finance and Innovation Act
Amendments.
Sec. 1304. State infrastructure banks.
Sec. 1305. Public-private partnerships pilot program.

Subtitle D--Safety

Sec. 1401. Highway safety improvement program.
Sec. 1402. Operation lifesaver.
Sec. 1403. License suspension.
Sec. 1404. Bus axle weight exemption.
Sec. 1405. Safe routes to schools program.
Sec. 1406. Purchases of equipment.
Sec. 1407. Workzone safety.
Sec. 1408. Worker injury prevention and free flow of vehicular traffic.
Sec. 1409. Open container requirements.
Sec. 1410. Safe intersections.

Subtitle E--Environmental Planning and Review

Chapter 1--Transportation Planning

Sec. 1501. Integration of natural resource concerns into State and
metropolitan transportation planning.

[[Page S4656]]

Sec. 1502. Consultation between transportation agencies and resource
agencies in transportation planning.
Sec. 1503. Integration of natural resource concerns into transportation
project planning.
Sec. 1504. Public involvement in transportation planning and projects.
Sec. 1505. Project mitigation.

Chapter 2--Transportation Project Development Process

Sec. 1511. Transportation project development process.
Sec. 1512. Assumption of responsibility for categorical exclusions.
Sec. 1513. Surface transportation project delivery pilot program.
Sec. 1514. Parks, recreation areas, wildlife and waterfowl refuges, and
historic sites.
Sec. 1515. Regulations.

Chapter 3--Miscellaneous

Sec. 1521. Critical real property acquisition.
Sec. 1522. Planning capacity building initiative.
Sec. 1523. Intermodal passenger facilities.

Subtitle F--Environment

Sec. 1601. Environmental restoration and pollution abatement; control
of invasive plant species and establishment of native
species.
Sec. 1602. National scenic byways program.
Sec. 1603. Recreational trails program.
Sec. 1604. Exemption of Interstate System.
Sec. 1605. Standards.
Sec. 1606. Use of high occupancy vehicle lanes.
Sec. 1607. Bicycle transportation and pedestrian walkways.
Sec. 1608. Idling reduction facilities in Interstate rights-of-way.
Sec. 1609. Toll programs.
Sec. 1610. Federal reference method.
Sec. 1611. Addition of particulate matter areas to CMAQ.
Sec. 1612. Addition to CMAQ-eligible projects.
Sec. 1613. Improved interagency consultation.
Sec. 1614. Evaluation and assessment of CMAQ projects.
Sec. 1615. Synchronized planning and conformity timelines,
requirements, and horizon.
Sec. 1616. Transition to new air quality standards.
Sec. 1617. Reduced barriers to air quality improvements.
Sec. 1618. Air quality monitoring data influenced by exceptional
events.
Sec. 1619. Conforming amendments.
Sec. 1620. Highway stormwater discharge mitigation program.
Sec. 1621. Funds for rebuilding fish stocks.
Sec. 1622. Federal procurement of recycled coolant.

Subtitle G--Operations

Sec. 1701. Transportation systems management and operations.
Sec. 1702. Real-time system management information program.
Sec. 1703. Contracting for engineering and design services.
Sec. 1704. Designation of transportation management areas.

Subtitle H--Federal-Aid Stewardship

Sec. 1801. Future Interstate System routes.
Sec. 1802. Stewardship and oversight.
Sec. 1803. Design-build contracting.
Sec. 1804. Program efficiencies--finance.
Sec. 1805. Set-asides for interstate discretionary projects.
Sec. 1806. Federal lands highways program.
Sec. 1807. Highway bridge program.
Sec. 1808. Appalachian development highway system.
Sec. 1809. Multistate corridor program.
Sec. 1810. Border planning, operations, technology, and capacity
program.
Sec. 1811. Puerto Rico highway program.
Sec. 1812. National historic covered bridge preservation.
Sec. 1813. Transportation and community and system preservation
program.
Sec. 1814. Parking pilot programs.
Sec. 1815. Interstate oasis program.
Sec. 1816. Tribal-State road maintenance agreements.
Sec. 1817. National forest system roads.
Sec. 1818. Territorial highway program.
Sec. 1819. Magnetic levitation transportation technology deployment
program.
Sec. 1820. Donations and credits.
Sec. 1821. Disadvantaged business enterprises.
Sec. 1822. [Reserved].
Sec. 1823. Priority for pedestrian and bicycle facility enhancement
projects.
Sec. 1824. The Delta Regional Authority.
Sec. 1825. Multistate international corridor development program.
Sec. 1826. Authorization of contract authority for States with Indian
Reservations.
Sec. 1827. Value pricing pilot program.
Sec. 1828. Credit to State of Louisiana for State matching funds.
Sec. 1829. Approval and funding for certain construction projects.

Subtitle I--Technical Corrections

Sec. 1901. Repeal or update of obsolete text.
Sec. 1902. Clarification of date.
Sec. 1903. Inclusion of requirements for signs identifying funding
sources in title 23.
Sec. 1904. Inclusion of Buy America requirements in title 23.
Sec. 1905. Technical amendments to nondiscrimination section.

TITLE II--TRANSPORTATION RESEARCH

Subtitle A--Funding

Sec. 2001. Authorization of appropriations.
Sec. 2002. Obligation ceiling.
Sec. 2003. Notice.

Subtitle B--Research and Technology

Sec. 2101. Research and technology program.
Sec. 2102. Study of data collection and statistical analysis efforts.
Sec. 2103. Centers for surface transportation excellence.
Sec. 2104. Motorcycle crash causation study grants.
Sec. 2105. Transportation technology innovation and demonstration
program

Subtitle C--Intelligent Transportation System Research

Sec. 2201. Intelligent transportation system research and technical
assistance program.

TITLE III--RECREATIONAL BOATING SAFETY PROGRAMS

Sec. 3001. Short title.
Sec. 3002. Amendment of Federal aid in Fish Restoration Act.
Sec. 3003. Authorization of appropriations.
Sec. 3004. Division of annual appropriations.
Sec. 3005. Maintenance of projects.
Sec. 3006. Boating infrastructure.
Sec. 3007. Requirements and restrictions concerning use of amounts for
expenses for administration.
Sec. 3008. Payments of funds to and cooperation with Puerto Rico, the
District of Columbia, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Virgin Islands.
Sec. 3009. Multistate conservation grant program.

TITLE IV--SOLID WASTE DISPOSAL

Sec. 4001. Increased use of recovered mineral component in federally
funded projects involving procurement of cement or
concrete.
Sec. 4002. Use of granular mine tailings.

TITLE V--HIGHWAY REAUTHORIZATION AND EXCISE TAX SIMPLIFICATION

Sec. 5000. Short title; amendment of 1986 Code.

Subtitle A--Trust Fund Reauthorization

Sec. 5101. Extension of highway-related taxes and trust funds.
Sec. 5102. Modification of adjustments of apportionments.

Subtitle B--Excise Tax Reform and Simplification

Part I--Highway Excise Taxes

Sec. 5201. Modification of gas guzzler tax.
Sec. 5202. Exclusion for tractors weighing 19,500 pounds or less from
Federal excise tax on heavy trucks and trailers.
Sec. 5203. Exemption for equipment for transporting bulk beds of farm
crops from excise tax on retail sale of heavy trucks and
trailers.

Part II--Aquatic Excise Taxes

Sec. 5211. Elimination of Aquatic Resources Trust Fund and
transformation of Sport Fish Restoration Account.
Sec. 5212. Repeal of harbor maintenance tax on exports.
Sec. 5213. Cap on excise tax on certain fishing equipment.

Part III--Aerial Excise Taxes

Sec. 5221. Clarification of excise tax exemptions for agricultural
aerial applicators and exemption for fixed-wing aircraft
engaged in forestry operations.
Sec. 5222. Modification of rural airport definition.
Sec. 5223. Exemption from taxes on transportation provided by
seaplanes.
Sec. 5224. Certain sightseeing flights exempt from taxes on air
transportation.

Part IV--Taxes Relating to Alcohol

Sec. 5231. Repeal of special occupational taxes on producers and
marketers of alcoholic beverages.
Sec. 5232. Modification of limitation on rate of rum excise tax cover
over to Puerto Rico and Virgin Islands.
Sec. 5233. Income tax credit for distilled spirits wholesalers and for
distilled spirits in control State bailment warehouses
for costs of carrying Federal excise taxes on bottled
distilled spirits.
Sec. 5234. Quarterly excise tax filing for small alcohol excise
taxpayers.

Part V--Sport Excise Taxes

Sec. 5241. Custom gunsmiths.

Subtitle C--Miscellaneous Provisions

Sec. 5301. Motor Fuel Tax Enforcement Advisory Commission.
Sec. 5302. National Surface Transportation Infrastructure Financing
Commission.
Sec. 5303. Expansion of Highway Trust Fund expenditure purposes to
include funding for studies of supplemental or
alternative financing for the Highway Trust Fund.
Sec. 5304. Delta Regional transportation plan.

[[Page S4657]]

Sec. 5305. Build America Corporation.
Sec. 5306. Increase in dollar limitation for qualified transportation
fringe benefits.
Sec. 5307. Treasury study of highway fuels used by trucks for non-
transportation purposes.
Sec. 5308. Tax-exempt financing of highway projects and rail-truck
transfer facilities.

Subtitle D--Fuels-Related Technical Corrections

Sec. 5401. Fuels-related technical corrections.

Subtitle E--Revenue Offset Provisions

Part I--General Provisions

Sec. 5501. Treatment of contingent payment convertible debt
instruments.
Sec. 5502. Frivolous tax submissions.
Sec. 5503. Increase in certain criminal penalties.
Sec. 5504. Doubling of certain penalties, fines, and interest on
underpayments related to certain offshore financial
arrangements.
Sec. 5505. Modification of interaction between subpart F and passive
foreign investment company rules.
Sec. 5506. Declaration by chief executive officer relating to Federal
annual corporate income tax return.
Sec. 5507. Treasury regulations on foreign tax credit.
Sec. 5508. Whistleblower reforms.
Sec. 5509. Denial of deduction for certain fines, penalties, and other
amounts.
Sec. 5510. Freeze of interest suspension rules with respect to listed
transactions.
Sec. 5511. Modifications of effective dates of leasing provisions of
the American Jobs Creation Act of 2004.
Sec. 5512. Imposition of mark-to-market tax on individuals who
expatriate.
Sec. 5513. Disallowance of deduction for punitive damages.
Sec. 5514. Application of earnings stripping rules to partners which
are C corporations.
Sec. 5515. Prohibition on deferral of gain from the exercise of stock
options and restricted stock gains through deferred
compensation arrangements.

Part II--Economic Substance Doctrine

Sec. 5521. Clarification of economic substance doctrine.
Sec. 5522. Penalty for understatements attributable to transactions
lacking economic substance, etc.
Sec. 5523. Denial of deduction for interest on underpayments
attributable to noneconomic substance transactions.

Part III--Improvements in Efficiency and Safeguards in Internal Revenue
Service Collection

Sec. 5531. Waiver of user fee for installment agreements using
automated withdrawals.
Sec. 5532. Termination of installment agreements.
Sec. 5533. Office of Chief Counsel review of offers-in-compromise.
Sec. 5534. Partial payments required with submission of offers-in-
compromise.
Sec. 5535. Joint task force on offers-in-compromise.

Subtitle F--Additional Revenue Provisions

Part I--General Provisions

Sec. 5601. Suspension of transfers from Highway Trust Fund for certain
repayments and credits.
Sec. 5602. Temporary dedication of gas guzzler tax to Highway Trust
Fund.

Part II--Provisions to Combat Fuel Fraud

Sec. 5611. Treatment of kerosene for use in aviation.
Sec. 5612. Repeal of ultimate vendor refund claims with respect to
farming.
Sec. 5613. Refunds of excise taxes on exempt sales of fuel by credit
card.
Sec. 5614. Additional requirement for exempt purchases .
Sec. 5615. Reregistration in event of change in ownership.
Sec. 5616. Reconciliation of on-loaded cargo to entered cargo.
Sec. 5617. Registration of deep-draft vessels.
Sec. 5618. Taxation of gasoline blendstocks and kerosene.
Sec. 5619. Nonapplication of export exemption to delivery of fuel to
motor vehicles removed from United States.
Sec. 5620. Penalty with respect to certain adulterated fuels.

TITLE VI--PUBLIC TRANSPORTATION

Sec. 6001. Short title.
Sec. 6002. Amendments to title 49, United States Code; updated
terminology.
Sec. 6003. Policies, findings, and purposes.
Sec. 6004. Definitions.
Sec. 6005. Metropolitan transportation planning.
Sec. 6006. Statewide transportation planning.
Sec. 6007. Transportation management areas.
Sec. 6008. Private enterprise participation.
Sec. 6009. Urbanized area formula grants.
Sec. 6010. Planning programs.
Sec. 6011. Capital investment program.
Sec. 6012. New freedom for elderly persons and persons with
disabilities.
Sec. 6013. Formula grants for other than urbanized areas.
Sec. 6014. Research, development, demonstration, and deployment
projects.
Sec. 6015. Transit cooperative research program.
Sec. 6016. National research programs.
Sec. 6017. National transit institute.
Sec. 6018. Bus testing facility.
Sec. 6019. Bicycle facilities.
Sec. 6020. Suspended light rail technology pilot project.
Sec. 6021. Crime prevention and security.
Sec. 6022. General provisions on assistance.
Sec. 6023. Special provisions for capital projects.
Sec. 6024. Contract requirements.
Sec. 6025. Project management oversight and review.
Sec. 6026. Project review.
Sec. 6027. Investigations of safety and security risk.
Sec. 6028. State safety oversight.
Sec. 6029. Terrorist attacks and other acts of violence against public
transportation systems.
Sec. 6030. Controlled substances and alcohol misuse testing.
Sec. 6031. Employee protective arrangements.
Sec. 6032. Administrative procedures.
Sec. 6033. Reports and audits.
Sec. 6034. Apportionments of appropriations for formula grants.
Sec. 6035. Apportionments for fixed guideway modernization.
Sec. 6036. Authorizations.
Sec. 6037. Apportionments based on growing States formula factors.
Sec. 6038. Job access and reverse commute grants.
Sec. 6039. Over-the-road bus accessibility program.
Sec. 6040. Alternative transportation in parks and public lands.
Sec. 6041. Obligation ceiling.
Sec. 6042. Adjustments for The Surface Transportation Extension Act of
2004.
Sec. 6043. Disadvantaged business enterprise.

TITLE VII--SURFACE TRANSPORTATION SAFETY IMPROVEMENT

Sec. 7001. Short title.
Sec. 7002. Amendment of United States Code.

Subtitle A--Motor Carrier Safety

Chapter 1--Motor Carriers

Sec. 7101. Short title.
Sec. 7102. Contract authority.
Sec. 7103. Authorization of appropriations.
Sec. 7104. High risk carrier compliance reviews.
Sec. 7105. Overdue reports, studies, and rulemakings.
Sec. 7106. Amendments to the listed reports, studies, and rulemaking
proceedings.
Sec. 7107. Motor carrier safety grants.
Sec. 7108. Technical corrections.
Sec. 7109. Penalty for denial of access to records.
Sec. 7110. Medical program.
Sec. 7111. Operation of commercial motor vehicles by individuals who
use insulin to treat diabetes mellitus.
Sec. 7112. Financial responsibility for private motor carriers.
Sec. 7113. Increased penalties for out-of-service violations and false
records.
Sec. 7114. Intrastate operations of interstate motor carriers.
Sec. 7115. Authority to stop commercial motor vehicles.
Sec. 7116. Revocation of operating authority.
Sec. 7117. Pattern of safety violations by motor carrier management.
Sec. 7118. Motor carrier research and technology program.
Sec. 7119. International cooperation.
Sec. 7120. Performance and registration information system management.
Sec. 7121. Commercial vehicle information systems and networks
deployment.
Sec. 7122. Outreach and education.
Sec. 7123. Foreign commercial motor vehicles.
Sec. 7124. Pre-employment safety screening.
Sec. 7125. Class or category exemptions.
Sec. 7126. Decals.
Sec. 7127. Roadability.
Sec. 7128. Motor carrier regulations.
Sec. 7129. Vehicle towing.

Chapter 2--Unified Carrier Registration

Sec. 7131. Short title.
Sec. 7132. Relationship to other laws.
Sec. 7133. Inclusion of motor private and exempt carriers.
Sec. 7134. Unified carrier registration system.
Sec. 7135. Registration of motor carriers by States.
Sec. 7136. Identification of vehicles.
Sec. 7137. Use of UCR agreement revenues as matching funds.
Sec. 7138. Facilitation of international registration plans and
international fuel tax agreements.
Sec. 7139. Identity authentication standards.
Sec. 7140. Off-duty time for drivers of commercial vehicles.

Chapter 3--Commercial Driver's Licenses

Sec. 7151. CDL task force.
Sec. 7152. CDL learner's permit program.

[[Page S4658]]

Sec. 7153. Grants to States for commercial driver's license
improvements.
Sec. 7154. Modernization of CDL information system.

Subtitle B--Highway and Vehicular Safety

Sec. 7201. Short title.

Chapter 1--Highway Safety Grant Program

Sec. 7211. Short title.
Sec. 7212. Authorization of appropriations.
Sec. 7213. Highway safety programs.
Sec. 7214. Highway safety research and outreach programs.
Sec. 7215. National Highway Safety Advisory Committee technical
correction.
Sec. 7216. Occupant protection grants.
Sec. 7217. Older driver safety; law enforcement training.
Sec. 7218. Emergency medical services.
Sec. 7219. Repeal of authority for alcohol traffic safety programs.
Sec. 7220. Impaired driving program.
Sec. 7221. State traffic safety information system improvements.
Sec. 7222. NHTSA accountability.
Sec. 7223. Grants for improving child passenger safety programs.
Sec. 7224. Motorcyclist safety training and motorist awareness
programs.

Chapter 2--Specific Vehicle Safety-related Rulings

Sec. 7251. Vehicle rollover prevention and crash mitigation.
Sec. 7252. Side-impact crash protection rulemaking.
Sec. 7253. Tire research.
Sec. 7254. Vehicle backover avoidance technology study.
Sec. 7255. Nontraffic incident data collection.
Sec. 7256. Safety belt use reminders.
Sec. 7257. Amendment of Automobile Information Disclosure Act.
Sec. 7258. Power window switches.
Sec. 7259. 15-passenger van safety.
Sec. 7260. Updated fuel economy labeling procedures.
Sec. 7261. Authorization of appropriations.

Subtitle C--Hazardous Materials

Sec. 7301. Short title.

Chapter 1--General Authorities on Transportation of Hazardous Materials

Sec. 7321. Purpose.
Sec. 7322. Definitions.
Sec. 7323. General regulatory authority.
Sec. 7324. Limitation on issuance of hazmat licenses.
Sec. 7325. Background checks for drivers hauling hazardous materials.
Sec. 7326. Representation and tampering.
Sec. 7327. Transporting certain material.
Sec. 7328. Hazmat employee training requirements and grants.
Sec. 7329. Registration.
Sec. 7330. Shipping papers and disclosure.
Sec. 7331. Rail tank cars.
Sec. 7332. Unsatisfactory safety ratings.
Sec. 7333. Training curriculum for the public sector.
Sec. 7334. Planning and training grants; emergency preparedness fund.
Sec. 7335. Special permits and exclusions.
Sec. 7336. Uniform forms and procedures.
Sec. 7337. Hazardous materials transportation safety and security.
Sec. 7338. Enforcement.
Sec. 7339. Civil penalties.
Sec. 7340. Criminal penalties.
Sec. 7341. Preemption.
Sec. 7342. Relationship to other laws.
Sec. 7343. Judicial review.
Sec. 7344. Authorization of appropriations.
Sec. 7345. Additional civil and criminal penalties.
Sec. 7346. Technical corrections.

Chapter 2--Other Matters

Sec. 7361. Administrative authority for Pipeline and Hazardous
Materials Safety Administration.
Sec. 7362. Mailability of hazardous materials.
Sec. 7363. Criminal matters.
Sec. 7364. Cargo inspection program.
Sec. 7365. Information on hazmat registrations.
Sec. 7366. Report on applying hazardous materials regulations to
persons who reject hazardous materials.
Sec. 7367. National first responder transportation incident response
system.
Sec. 7368. Hazardous material transportation plan requirement.
Sec. 7369. Welded rail and tank car safety improvements.
Sec. 7370. Hazardous materials cooperative research program.

Chapter 3--Sanitary Food Transportation

Sec. 7381. Short title.
Sec. 7382. Responsibilities of the Secretary of Health and Human
Services.
Sec. 7383. Department of Transportation requirements.
Sec. 7384. Effective date.

Subtitle D--Household Goods Movers

Sec. 7401. Short title.
Sec. 7402. Definitions.
Sec. 7403. Payment of rates.
Sec. 7404. Household goods carrier operations.
Sec. 7405. Liability of carriers under receipts and bills of lading.
Sec. 7406. Arbitration requirements.
Sec. 7407. Enforcement of regulations related to transportation of
household goods.
Sec. 7408. Working group for development of practices and procedures to
enhance Federal-State relations.
Sec. 7409. Information about household goods transportation on
carriers' websites.
Sec. 7410. Consumer complaints.
Sec. 7411. Review of liability of carriers.
Sec. 7412. Civil penalties relating to household goods brokers.
Sec. 7413. Civil and criminal penalty for failing to give up possession
of household goods.
Sec. 7414. Progress report.
Sec. 7415. Additional registration requirements for motor carriers of
household goods.

Subtitle E--Sportfishing and Recreational Boating Safety

Sec. 7501. Short title.

Chapter 1--Federal Aid in Sport Fish Restoration Act Amendments

Sec. 7511. Amendment of Federal Aid in Sport Fish Restoration Act.
Sec. 7512. Authorization of appropriations.
Sec. 7513. Division of annual appropriations.
Sec. 7514. Maintenance of projects.
Sec. 7515. Boating infrastructure.
Sec. 7516. Requirements and restrictions concerning use of amounts for
expenses for administration.
Sec. 7517. Payments of funds to and cooperation with Puerto Rico, the
District of Columbia, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Virgin Islands.
Sec. 7518. Multistate conservation grant program.
Sec. 7519. Expenditures from boat safety account.

Chapter 2--Clean Vessel Act Amendments

Sec. 7531. Grant program.

Chapter 3--Recreational Boating Safety Program Amendments

Sec. 7551. State matching funds requirement.
Sec. 7552. Availability of allocations.
Sec. 7553. Authorization of appropriations for State recreational
boating safety programs.
Sec. 7554. Maintenance of effort for State recreational boating safety
programs.

Subtitle F--Miscellaneous Provisions

Sec. 7601. Office of intermodalism.
Sec. 7602. Capital grants for rail line relocation projects.
Sec. 7603. Rehabilitation and improvement financing.
Sec. 7604. Report regarding impact on public safety of train travel in
communities without grade separation.
Sec. 7605. First responder vehicle safety program.

TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS

Sec. 8101. Sense of the Senate on overall Federal budget.
Sec. 8102. Discretionary spending categories.
Sec. 8103. Level of obligation limitations.

SEC. 2. GENERAL DEFINITIONS.

In this Act:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.

SEC. 3. DEFINITIONS FOR TITLE 23.

Section 101 of title 23, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) Definitions.--In this title:
``(1) Apportionment.--The term `apportionment' includes an
unexpended apportionment made under a law enacted before the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005.
``(2) Carpool project.--
``(A) In general.--The term `carpool project' means any
project to encourage the use of carpools and vanpools.
``(B) Inclusions.--The term `carpool project' includes a
project--
``(i) to provide carpooling opportunities to the elderly
and individuals with disabilities;
``(ii) to develop and implement a system for locating
potential riders and informing the riders of carpool
opportunities;
``(iii) to acquire vehicles for carpool use;
``(iv) to designate highway lanes as preferential carpool
highway lanes;
``(v) to provide carpool-related traffic control devices;
and
``(vi) to designate facilities for use for preferential
parking for carpools.
``(3) Construction.--
``(A) In general.--The term `construction' means the
supervision, inspection, and actual building of, and
incurring of all costs incidental to the construction or
reconstruction of a highway, including bond costs and other
costs relating to the issuance in accordance with section 122
of bonds or other debt financing instruments and costs
incurred by the State in performing Federal-aid project
related audits that directly benefit the Federal-aid highway
program.
``(B) Inclusions.--The term `construction' includes--
``(i) locating, surveying, and mapping (including the
establishment of temporary and permanent geodetic markers in
accordance with specifications of the National Oceanic and
Atmospheric Administration);
``(ii) resurfacing, restoration, and rehabilitation;
``(iii) acquisition of rights-of-way;
``(iv) relocation assistance, acquisition of replacement
housing sites, and acquisition and rehabilitation,
relocation, and construction of replacement housing;

[[Page S4659]]

``(v) elimination of hazards of railway grade crossings;
``(vi) elimination of roadside obstacles;
``(vii) improvements that directly facilitate and control
traffic flow, such as--

``(I) grade separation of intersections;
``(II) widening of lanes;
``(III) channelization of traffic;
``(IV) traffic control systems; and
``(V) passenger loading and unloading areas;

``(viii) capital improvements that directly facilitate an
effective vehicle weight enforcement program, such as--

``(I) scales (fixed and portable);
``(II) scale pits;
``(III) scale installation; and
``(IV) scale houses;

``(ix) improvements directly relating to securing
transportation infrastructures for detection, preparedness,
response, and recovery;
``(x) operating costs relating to traffic monitoring,
management, and control;
``(xi) operational improvements; and
``(xii) transportation system management and operations.
``(4) County.--The term `county' includes--
``(A) a corresponding unit of government under any other
name in a State that does not have county organizations; and
``(B) in those States in which the county government does
not have jurisdiction over highways, any local government
unit vested with jurisdiction over local highways.
``(5) Federal-aid highway.--
``(A) In general.--The term `Federal-aid highway' means a
highway eligible for assistance under this chapter.
``(B) Exclusions.--The term `Federal-aid highway' does not
include a highway classified as a local road or rural minor
collector.
``(6) Federal-aid system.--The term `Federal-aid system'
means any of the Federal-aid highway systems described in
section 103.
``(7) Federal lands highway.--The term `Federal lands
highway' means--
``(A) a forest highway;
``(B) a recreation road;
``(C) a public Forest Service road;
``(D) a park road;
``(E) a parkway;
``(F) a refuge road;
``(G) an Indian reservation road; and
``(H) a public lands highway.
``(8) Forest highway.--The term `forest highway' means a
forest road that is--
``(A) under the jurisdiction of, and maintained by, a
public authority; and
``(B) is open to public travel.
``(9) Forest road or trail.--
``(A) In general.--The term `forest road or trail' means a
road or trail wholly or partly within, or adjacent to, and
serving National Forest System land that is necessary for the
protection, administration, use, and development of the
resources of that land.
``(B) Inclusions.--The term `forest road or trail'
includes--
``(i) a classified forest road;
``(ii) an unclassified forest road;
``(iii) a temporary forest road; and
``(iv) a public forest service road.
``(10) Freight transportation gateway.--
``(A) In general.--The term `freight transportation
gateway' means a nationally or regionally significant
transportation port of entry or hub for domestic and global
trade or military mobilization.
``(B) Inclusions.--The term `freight transportation
gateway' includes freight intermodal and Strategic Highway
Network connections that provide access to and from a port or
hub described in subparagraph (A).
``(11) Highway.--The term `highway' includes--
``(A) a road, street, and parkway;
``(B) a right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign, guardrail, and protective
structure, in connection with a highway; and
``(C) a portion of any interstate or international bridge
or tunnel (including the approaches to the interstate or
international bridge or tunnel, and such transportation
facilities as may be required by the United States Customs
Service and the Bureau of Citizenship and Immigration
Services in connection with the operation of an international
bridge or tunnel), the cost of which is assumed by a State
transportation department.
``(12) Highway safety improvement project.--The term
`highway safety improvement project' means a project that
meets the requirements of section 148.
``(13) Indian reservation road.--
``(A) In general.--The term `Indian reservation road' means
a public road that is located within or provides access to an
area described in subparagraph (B) on which or in which
reside Indians or Alaskan Natives that, as determined by the
Secretary of the Interior, are eligible for services
generally available to Indians under Federal laws
specifically applicable to Indians.
``(B) Areas.--The areas referred to in subparagraph (A)
are--
``(i) an Indian reservation;
``(ii) Indian trust land or restricted Indian land that is
not subject to fee title alienation without the approval of
the Federal Government; and
``(iii) an Indian or Alaska Native village, group, or
community.
``(14) Interstate system.--The term `Interstate System'
means the Dwight D. Eisenhower National System of Interstate
and Defense Highways described in section 103(c).
``(15) Maintenance.--
``(A) In general.--The term `maintenance' means the
preservation of a highway.
``(B) Inclusions.--The term `maintenance' includes the
preservation of--
``(i) the surface, shoulders, roadsides, and structures of
a highway; and
``(ii) such traffic-control devices as are necessary for
safe, secure, and efficient use of a highway.
``(16) Maintenance area.--The term `maintenance area' means
an area that was designated as a nonattainment area, but was
later redesignated by the Administrator of the Environmental
Protection Agency as an attainment area, under section 107(d)
of the Clean Air Act (42 U.S.C. 7407(d)).
``(17) National forest system road or trail.--The term
`National Forest System road or trail' means a forest road or
trail that is under the jurisdiction of the Forest Service.
``(18) National highway system.--The term `National Highway
System' means the Federal-aid highway system described in
section 103(b).
``(19) Operating costs for traffic monitoring, management,
and control.--The term `operating costs for traffic
monitoring, management, and control' includes--
``(A) labor costs;
``(B) administrative costs;
``(C) costs of utilities and rent;
``(D) costs incurred by transportation agencies for
technology to monitor critical transportation infrastructure
for security purposes; and
``(E) other costs associated with transportation systems
management and operations and the continuous operation of
traffic control, such as--
``(i) an integrated traffic control system;
``(ii) an incident management program; and
``(iii) a traffic control center.
``(20) Operational improvement.--
``(A) In general.--The term `operational improvement'
means--
``(i) a capital improvement for installation or
implementation of--

``(I) a transportation system management and operations
program;
``(II) traffic and transportation security surveillance and
control equipment;
``(III) a computerized signal system;
``(IV) a motorist information system;
``(V) an integrated traffic control system;
``(VI) an incident management program;
``(VII) equipment and programs for transportation response
to manmade and natural disasters; or
``(VIII) a transportation demand management facility,
strategy, or program; and

``(ii) such other capital improvements to a public road as
the Secretary may designate by regulation.
``(B) Exclusions.--The term `operational improvement' does
not include--
``(i) a resurfacing, restorative, or rehabilitative
improvement;
``(ii) construction of an additional lane, interchange, or
grade separation; or
``(iii) construction of a new facility on a new location.
``(21) Park road.--The term `park road' means a public road
(including a bridge built primarily for pedestrian use, but
with capacity for use by emergency vehicles) that is located
within, or provides access to, an area in the National Park
System with title and maintenance responsibilities vested in
the United States.
``(22) Parkway.--The term `parkway' means a parkway
authorized by an Act of Congress on land to which title is
vested in the United States.
``(23) Project.--The term `project' means--
``(A)(i) an undertaking to construct a particular portion
of a highway; or
``(ii) if the context so implies, a particular portion of a
highway so constructed; and
``(B) any other undertaking eligible for assistance under
this title.
``(24) Project agreement.--The term `project agreement'
means the formal instrument to be executed by the Secretary
and recipient of funds under this title.
``(25) Public authority.--The term `public authority' means
a Federal, State, county, town, or township, Indian tribe,
municipal or other local government or instrumentality with
authority to finance, build, operate, or maintain toll or
toll-free facilities.
``(26) Public forest service road.--The term `public Forest
Service road' means a classified forest road--
``(A) that is open to public travel;
``(B) for which title and maintenance responsibility is
vested in the Federal Government; and
``(C) that has been designated a public road by the Forest
Service.
``(27) Public lands development roads and trails.--The term
`public lands development roads and trails' means roads and
trails that the Secretary of the Interior determines are of
primary importance for the development, protection,
administration, and use of public lands and resources under
the control of the Secretary of the Interior.
``(28) Public lands highway.--The term `public lands
highway' means--
``(A) a forest road that is--
``(i) under the jurisdiction of, and maintained by, a
public authority; and
``(ii) open to public travel; and
``(B) any highway through unappropriated or unreserved
public land, nontaxable Indian land, or any other Federal
reservation (including a main highway through such land or
reservation that is on the Federal-aid system) that is--
``(i) under the jurisdiction of, and maintained by, a
public authority; and

[[Page S4660]]

``(ii) open to public travel.
``(29) Public road.--The term `public road' means any road
or street that is--
``(A) under the jurisdiction of, and maintained by, a
public authority; and
``(B) open to public travel.
``(30) Recreational road.--The term `recreational road'
means a public road--
``(A) that provides access to a museum, lake, reservoir,
visitors center, gateway to a major wilderness area, public
use area, or recreational or historic site; and
``(B) for which title is vested in the Federal Government.
``(31) Refuge road.--The term `refuge road' means a public
road--
``(A) that provides access to or within a unit of the
National Wildlife Refuge System or a national fish hatchery;
and
``(B) for which title and maintenance responsibility is
vested in the United States Government.
``(32) Rural area.--The term `rural area' means an area of
a State that is not included in an urban area.
``(33) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(34) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.
``(35) State funds.--The term `State funds' includes funds
that are--
``(A) raised under the authority of the State (or any
political or other subdivision of a State); and
``(B) made available for expenditure under the direct
control of the State transportation department.
``(36) State transportation department.--The term `State
transportation department' means the department, agency,
commission, board, or official of any State charged by the
laws of the State with the responsibility for highway
construction.
``(37) Territorial highway system.--The term `territorial
highway system' means the system of arterial highways,
collector roads, and necessary interisland connectors in
American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, and the United States Virgin Islands that have
been designated by the appropriate Governor or chief
executive officer of a territory, and approved by the
Secretary, in accordance with section 215.
``(38) Transportation enhancement activity.--The term
`transportation enhancement activity' means, with respect to
any project or the area to be served by the project, any of
the following activities as the activities relate to surface
transportation:
``(A) Provision of facilities for pedestrians and bicycles.
``(B) Provision of safety and educational activities for
pedestrians and bicyclists.
``(C) Acquisition of scenic easements and scenic or
historic sites (including historic battlefields).
``(D) Scenic or historic highway programs (including the
provision of tourist and welcome center facilities).
``(E) Landscaping and other scenic beautification.
``(F) Historic preservation.
``(G) Rehabilitation and operation of historic
transportation buildings, structures, or facilities
(including historic railroad facilities and canals).
``(H) Preservation of abandoned railway corridors
(including the conversion and use of the corridors for
pedestrian or bicycle trails).
``(I) Control and removal of outdoor advertising.
``(J) Archaeological planning and research.
``(K) Environmental mitigation--
``(i) to address water pollution due to highway runoff; or
``(ii) reduce vehicle-caused wildlife mortality while
maintaining habitat connectivity.
``(L) Establishment of transportation museums.
``(39) Transportation systems management and operations.--
``(A) In general.--The term `transportation systems
management and operations' means an integrated program to
optimize the performance of existing infrastructure through
the implementation of multimodal and intermodal, cross-
jurisdictional systems, services, and projects designed to
preserve capacity and improve security, safety, and
reliability of the transportation system.
``(B) Inclusions.--The term `transportation systems
management and operations' includes--
``(i) regional operations collaboration and coordination
activities between transportation and public safety agencies;
and
``(ii) improvements to the transportation system such as
traffic detection and surveillance, arterial management,
freeway management, demand management, work zone management,
emergency management, electronic toll collection, automated
enforcement, traffic incident management, roadway weather
management, traveler information services, commercial vehicle
operations, traffic control, freight management, and
coordination of highway, rail, transit, bicycle, and
pedestrian operations.
``(40) Urban area.--The term `urban area' means--
``(A) an urbanized area (or, in the case of an urbanized
area encompassing more than 1 State, the portion of the
urbanized area in each State); and
``(B) an urban place designated by the Bureau of the Census
that--
``(i) has a population of 5,000 or more;
``(ii) is not located within any urbanized area; and
``(iii) is located within boundaries that--

``(I) are fixed cooperatively by responsible State and
local officials, subject to approval by the Secretary; and
``(II) encompass, at a minimum, the entire urban place
designated by the Bureau of the Census (except in the case of
cities in the State of Maine and in the State of New
Hampshire).

``(41) Urbanized area.--The term `urbanized area' means an
area that--
``(A) has a population of 50,000 or more;
``(B) is designated by the Bureau of the Census; and
``(C) is located within boundaries that--
``(i) are fixed cooperatively by responsible State and
local officials, subject to approval by the Secretary; and
``(ii) encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the Census.''.

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Funding

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

The following sums are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account):
(1) Interstate maintenance program.--For the Interstate
maintenance program under section 119 of title 23, United
States Code--
(A) $6,017,113,333 for fiscal year 2005;
(B) $6,258,525,160 for fiscal year 2006;
(C) $6,276,479,750 for fiscal year 2007;
(D) $6,589,235,166 for fiscal year 2008; and
(E) $6,685,150,152 for fiscal year 2009.
(2) National highway system.--For the National Highway
System under section 103 of that title--
(A) $7,316,858,660 for fiscal year 2005;
(B) $7,606,591,948 for fiscal year 2006;
(C) $7,628,384,160 for fiscal year 2007;
(D) $8,007,988,062 for fiscal year 2008; and
(E) $8,124,348,085 for fiscal year 2009.
(3) Bridge program.--For the bridge program under section
144 of that title--
(A) $5,171,723,801 for fiscal year 2005;
(B) $5,365,009,649 for fiscal year 2006;
(C) $5,349,259,875 for fiscal year 2007;
(D) $5,647,754,080 for fiscal year 2008; and
(E) $5,729,786,635 for fiscal year 2009.
(4) Surface transportation program.--For the surface
transportation program under section 133 of that title--
(A) $7,588,497,988 for fiscal year 2005;
(B) $7,878,361,598 for fiscal year 2006;
(C) $7,900,976,158 for fiscal year 2007;
(D) $8,294,904,735 for fiscal year 2008; and
(E) $8,415,808,100 for fiscal year 2009.
(5) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of that title--
(A) $2,051,899,502 for fiscal year 2005;
(B) $2,124,435,995 for fiscal year 2006;
(C) $2,130,535,073 for fiscal year 2007;
(D) $2,236,776,417 for fiscal year 2008; and
(E) $2,269,463,235 for fiscal year 2009.
(6) Highway safety improvement program.--For the highway
safety improvement program under section 148 of that title--
(A) $1,253,007,425 for fiscal year 2005;
(C) $1,291,977,089 for fiscal year 2006;
(D) $1,305,007,731 for fiscal year 2007;
(E) $1,369,468,771 for fiscal year 2008; and
(F) $1,389,408,993 for fiscal year 2009.
(7) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 170 of that title, $552,048,803 for each of fiscal
years 2005 through 2009.
(8) Recreational trails program.--For the recreational
trails program under section 206 of that title, $56,140,557
for each of fiscal years 2005 through 2009.
(9) Federal lands highways program.--
(A) Indian reservation roads.--For Indian reservation roads
under section 204 of that title--
(i) $305,054,403 for fiscal year 2005;
(ii) $328,520,126 for fiscal year 2006;
(iii) $351,985,849 for fiscal year 2007;
(iv) $375,451,572 for fiscal year 2008; and
(v) $398,917,296 for fiscal year 2009.
(B) Recreation roads.--For recreation roads under section
204 of that title, $46,931,447 for each of fiscal years 2005
through 2009.
(C) Park roads and parkways.--For park roads and parkways
under section 204 of that title--
(i) $290,974,969 for fiscal year 2005; and
(ii) $300,361,258 for each of fiscal years 2006 through
2009.
(D) Refuge roads.--For refuge roads under section 204 of
that title, $29,158,868 for each of fiscal years 2005 through
2009.
(E) Public lands highways.--For Federal lands highways
under section 204 of that title, $281,588,679 for each of
fiscal years 2005 through 2009.
(F) Safety.--For safety under section 204 of that title,
$37,545,157 for each of fiscal years 2005 through 2009.
(10) Multistate corridor program.--For the multistate
corridor program under section 171 of that title--
(A) $124,987,840 for fiscal year 2005;
(B) $145,819,146 for fiscal year 2006;
(C) $166,650,453 for fiscal year 2007;
(D) $187,481,760 for fiscal year 2008; and
(E) $208,313,066 for fiscal year 2009.
(11) Border planning, operations, and technology program.--
For the border planning, operations, and technology program
under section 172 of that title--
(A) $124,987,840 for fiscal year 2005;
(B) $145,819,146 for fiscal year 2006;

[[Page S4661]]

(C) $166,650,453 for fiscal year 2007;
(D) $187,481,760 for fiscal year 2008; and
(E) $208,313,066 for fiscal year 2009.
(12) National scenic byways program.--For the national
scenic byways program under section 162 of that title--
(A) $32,852,013 for fiscal year 2005;
(B) $33,790,642 for fiscal year 2006;
(C) $34,729,270 for fiscal year 2007; and
(D) $36,606,528 for each of fiscal years 2008 and 2009.
(13) Infrastructure performance and maintenance program.--
For carrying out the infrastructure performance and
maintenance program under section 139 of that title $0 for
fiscal year 2004.
(14) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 147 of that title,
$56,916,300 for each of fiscal years 2005 through 2009.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section 173
of that title--
(A) $136,101,195 for fiscal year 2005;
(B) $139,855,711 for fiscal year 2006;
(C) $144,548,855 for fiscal year 2007;
(D) $150,180,629 for fiscal year 2008; and
(E) $152,996,516 for fiscal year 2009.
(16) Public-private partnerships pilot program.--For the
public-private partnerships pilot program under section
109(c)(3) of that title, $9,386,289 for each of fiscal years
2005 through 2009.
(17) Denali access system.--For the Denali Access System
under section 309 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note; Public Law 105-277), $28,158,868 for each
of fiscal years 2005 through 2009.
(18) Delta region transportation development program.--For
planning and construction activities authorized under the
Delta Regional Authority, $75,090,314 for each of fiscal
years 2005 through 2009.
(19) Intermodal passenger facilities.--For intermodal
passenger facilities under subchapter III of chapter 55 of
title 49, United States Code, $9,386,289 for each of fiscal
years 2005 through 2009.

SEC. 1102. OBLIGATION CEILING.

(a) General Limitation.--Subject to subsections (g) and
(h), and notwithstanding any other provision of law, the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed--
(1) $34,263,000,000 for fiscal year 2005;
(2) $38,924,000,000 for fiscal year 2006;
(3) $39,352,000,000 for fiscal year 2007;
(4) $41,304,000,000 for fiscal year 2008; and
(5) $42,007,000,000 for fiscal year 2009.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981
(Public Law 97-134; 95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (Public Law 97-424; 96
Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(Public Law 100-17; 101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240;
105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2003, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (Public Law 105-178; 112 Stat. 107)
or subsequent public laws for multiple years or to remain
available until used, but only to the extent that the
obligation authority has not lapsed or been used; and
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2009, only in an amount
equal to $639,000,000 per fiscal year).
(c) Distribution of Obligation Authority.--For each of
fiscal years 2005 through 2009, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
(B) programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States
Code; and
(C) amounts authorized for the highway use tax evasion
program and the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety programs for previous fiscal years the
funds for which are allocated by the Secretary;
(3) shall determine the ratio that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not
distributed under paragraphs (1) and (2); bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (9) of
subsection (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(10) for the fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2);
(4) shall distribute the obligation authority provided by
subsection (a) less the aggregate amounts not distributed
under paragraphs (1) and (2), for section 14501 of title 40,
United States Code, so that the amount of obligation
authority available for that section is equal to the amount
determined by multiplying--
(A) the ratio determined under paragraph (3); by
(B) the sums authorized to be appropriated for that section
for the fiscal year;
(5) shall distribute among the States the obligation
authority provided by subsection (a), less the aggregate
amounts not distributed under paragraphs (1) and (2), for
each of the programs that are allocated by the Secretary
under this Act and title 23, United States Code (other than
to programs to which paragraph (1) applies), by multiplying--
(A) the ratio determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(6) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed
under paragraphs (4) and (5), for Federal-aid highway and
highway safety construction programs (other than the amounts
apportioned for the equity bonus program, but only to the
extent that the amounts apportioned for the equity bonus
program for the fiscal year are greater than $639,000,000,
and the Appalachian development highway system program) that
are apportioned by the Secretary under this Act and title 23,
United States Code, in the ratio that--
(A) amounts authorized to be appropriated for the programs
that are apportioned to each State for the fiscal year; bear
to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned to all States for the
fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2005 through 2009--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 104 and 144 of title 23, United States Code.
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title II of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 3 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2005 through 2009, the Secretary shall
distribute to the States any funds that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in the
fiscal year due to the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (c)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purpose described in section
133(b) of title 23, United States Code.
(g) Special Rule.--Obligation authority distributed for a
fiscal year under subsection (c)(4) for the provision
specified in subsection (c)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(h) Adjustment in Obligation Limit.--
(1) In general.--A limitation on obligations imposed by
subsection (a) for a fiscal year shall be adjusted by an
amount equal to the amount determined in accordance with
section 251(b)(1)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) for the
fiscal year.

[[Page S4662]]

(2) Distribution.--An adjustment under paragraph (1) shall
be distributed in accordance with this section.
(i) Limitations on Obligations for Administrative
Expenses.--Notwithstanding any other provision of law, the
total amount of all obligations under section 104(a) of title
23, United States Code, shall not exceed--
(1) $436,462,453 for fiscal year 2005;
(2) $450,541,887 for fiscal year 2006;
(3) $464,621,321 for fiscal year 2007;
(4) $478,700,755 for fiscal year 2008; and
(5) $492,780,189 for fiscal year 2009.
(j) National Highway System Component.--Section 104(b)(1)
of title 23, United States Code, is amended by striking
``$36,400,000'' and insert ``$46,931,447''.

SEC. 1103. APPORTIONMENTS.

(a) Administrative Expenses.--
(1) In general.--Section 104 of title 23, United States
Code, is amended by striking subsection (a) and inserting the
following:
``(a) Administrative Expenses.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary of
Transportation for administrative expenses of the Federal
Highway Administration--
``(A) $436,462,453 for fiscal year 2005;
``(B) $450,541,887 for fiscal year 2006;
``(C) $464,621,321 for fiscal year 2007;
``(D) $478,700,755 for fiscal year 2008; and
``(E) $492,780,189 for fiscal year 2009.
``(2) Purposes.--The funds authorized by this subsection
shall be used--
``(A) to administer the provisions of law to be financed
from appropriations for the Federal-aid highway program and
programs authorized under chapter 2; and
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system.
``(3) Availability.--The funds made available under
paragraph (1) shall remain available until expended.''.
(2) Conforming amendments.--Section 104 of title 23, United
States Code, is amended--
(A) in the matter preceding paragraph (1) of subsection
(b), by striking ``the deduction authorized by subsection (a)
and'';
(B) in the first sentence of subsection (e)(1), by striking
``, and also'' and all that follows through ``this section'';
and
(C) in subsection (i), by striking ``deducted'' and
inserting ``made available''.
(b) Metropolitan Planning.--Section 104(f) of title 23,
United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Set-aside.--On October 1 of each fiscal year, the
Secretary shall set aside 1.5 percent of the funds authorized
to be appropriated for the Interstate maintenance, national
highway system, surface transportation, congestion mitigation
and air quality improvement, highway safety improvement, and
highway bridge programs authorized under this title to carry
out the requirements of section 134.'';
(2) in paragraph (2), by striking ``per centum'' and
inserting ``percent'';
(3) in paragraph (3)--
(A) by striking ``The funds'' and inserting the following:
``(A) In general.--The funds''; and
(B) by striking ``These funds'' and all that follows and
inserting the following:
``(B) Unused funds.--Any funds that are not used to carry
out section 134 may be made available by a metropolitan
planning organization to the State to fund activities under
section 135.''; and
(4) by adding at the end the following:
``(6) Federal share.--Funds apportioned to a State under
this subsection shall be matched in accordance with section
120(b) unless the Secretary determines that the interests of
the Federal-aid highway program would be best served without
the match.''.
(c) Alaska Highway.--Section 104(b)(1)(A) of title 23,
United States Code, is amended by striking ``1998 through
2002'' and inserting ``2005 through 2009''.

SEC. 1104. EQUITY BONUS PROGRAM.

(a) In General.--Section 105 of title 23, United States
Code, is amended to read as follows:

``Sec. 105. Equity bonus program

``(a) Program.--
``(1) In general.--Subject to subsections (c) and (d), for
each of fiscal years 2005 through 2009, the Secretary shall
allocate among the States amounts sufficient to ensure that
no State receives a percentage of the total apportionments
for the fiscal year for the programs specified in paragraph
(2) that is less than the percentage calculated under
subsection (b).
``(2) Specific programs.--The programs referred to in
subsection (a) are--
``(A) the Interstate maintenance program under section 119;
``(B) the national highway system program under section
103;
``(C) the bridge program under section 144;
``(D) the surface transportation program under section 133;
``(E) the highway safety improvement program under section
148;
``(F) the congestion mitigation and air quality improvement
program under section 149;
``(G) metropolitan planning programs under section 104(f)
(other than planning programs funded by amounts provided
under the equity bonus program under this section);
``(H) the infrastructure performance and maintenance
program under section 139;
``(I) the equity bonus program under this section;
``(J) the Appalachian development highway system program
under subtitle IV of title 40;
``(K) the recreational trails program under section 206;
``(L) the safe routes to schools program under section 150;
``(M) the rail-highway grade crossing program under section
130; and
``(N) the border planning, operations, technology, and
capacity program under section 172.
``(b) State Percentage.--
``(1) In general.--The percentage referred to in subsection
(a) for each State shall be--
``(A) 92 percent of the quotient obtained by dividing--
``(i) the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent fiscal year
for which data are available; by
``(ii) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) for the fiscal year; or
``(B) for a State with a total population density of less
than 20 persons per square mile, as reported in the decennial
census conducted by the Federal Government in 2000, a total
population of less than 1,000,000, as reported in that
decennial census, a median household income of less than
$35,000, as reported in that decennial census, or a State
with a fatality rate during 2002 on Interstate highways that
is greater than 1 fatality for each 100,000,000 vehicle miles
traveled on Interstate highways, the greater of--
``(i) the percentage under paragraph (1); or
``(ii) the average percentage of the State's share of total
apportionments for the period of fiscal years 1998 through
2003 for the programs specified in paragraph (2).
``(2) Specific programs.--The programs referred to in
paragraph (1)(B)(ii) are (as in effect on the day before the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005)--
``(A) the Interstate maintenance program under section 119;
``(B) the national highway system program under section
103;
``(C) the bridge program under section 144;
``(D) the surface transportation program under section 133;
``(E) the recreational trails program under section 206;
``(F) the high priority projects program under section 117;
``(G) the minimum guarantee provided under this section;
``(H) revenue aligned budget authority amounts provided
under section 110;
``(I) the congestion mitigation and air quality improvement
program under section 149;
``(J) the Appalachian development highway system program
under subtitle IV of title 40; and
``(K) metropolitan planning programs under section 104(f).
``(c) Special Rules.--
``(1) Minimum combined allocation.--For each fiscal year,
before making the allocations under subsection (a)(1), the
Secretary shall allocate among the States amounts sufficient
to ensure that no State receives a combined total of amounts
allocated under subsection (a)(1), apportionments for the
programs specified in subsection (a)(2), and amounts
allocated under this subsection, that is less than 115
percent of the average for fiscal years 1998 through 2003 of
the annual apportionments for the State for all programs
specified in subsection (b)(2).
``(2) No negative adjustment.--Notwithstanding subsection
(d), no negative adjustment shall be made under subsection
(a)(1) to the apportionment of any State.
``(3) Minimum share of tax payments.--
``(A) In general.--Notwithstanding subsection (d), for each
fiscal year, the Secretary shall allocate among the States
amounts sufficient to ensure that no State receives a
percentage of apportionments for the fiscal year for the
programs specified in subsection (a)(2) that is less than the
percentage specified in subparagraph (B) of the percentage
share of the State of estimated tax payments attributable to
highway users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most recent
fiscal year for which data are available.
``(B) Percentages.--The percentages referred to in
subparagraph (A) are--
``(i) for fiscal year 2005, 90.5 percent;
``(ii) for each of fiscal years 2006 through 2008, 91
percent; and
``(iii) for fiscal year 2009, 92 percent.
``(d) Limitation on Adjustments.--
``(1) In general.--Except as provided in paragraphs (2) and
(3) of subsection (c), no State shall receive, for any fiscal
year, additional amounts under subsection (a)(1) if--
``(A) the total apportionments of the State for the fiscal
year for the programs specified in subsection (a)(2); exceed
``(B) the percentage of the average, for the period of
fiscal years 1998 through 2003, of the annual apportionments
of the State for all programs specified in subsection (b)(2),
as specified in paragraph (2).
``(2) Percentages.--The percentages referred to in
paragraph (1)(B) are--
``(A) for fiscal year 2005, 124 percent;
``(B) for fiscal year 2006, 128 percent;
``(C) for fiscal year 2007, 131 percent;
``(D) for fiscal year 2008, 137 percent; and

[[Page S4663]]

``(E) for fiscal year 2009, 250 percent.
``(e) Programmatic Distribution of Funds.--The Secretary
shall apportion the amounts made available under this section
so that the amount apportioned to each State under this
section for each program referred to in subparagraphs (A)
through (G) of subsection (a)(2) is equal to the amount
determined by multiplying the amount to be apportioned under
this section by the proportion that--
``(1) the amount of funds apportioned to each State for
each program referred to in subparagraphs (A) through (G) of
subsection (a)(2) for a fiscal year; bears to
``(2) the total amount of funds apportioned to each State
for all such programs for the fiscal year.
``(f) Metro Planning Set Aside.--Notwithstanding section
104(f), no set aside provided for under that section shall
apply to funds allocated under this section.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) such sums as are
necessary to carry out this section for each of fiscal years
2005 through 2009.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 105 and inserting the
following:

``105. Equity bonus program.''

SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

Section 110 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (2), by striking ``2000'' and
inserting ``2006'';
(B) in paragraph (1), by inserting ``(as in effect on
September 30, 2002)'' after ``(2 U.S.C.
901(b)(2)(B)(ii)(I)(cc))''; and
(C) in paragraph (2)--
(i) by striking ``If the amount'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
if the amount'';
(ii) by inserting ``(as in effect on September 30, 2002)''
after ``(2 U.S.C. 901(b)(1)(B)(ii)(I)(cc)'';
(iii) by striking ``the succeeding'' and inserting
``that'';
(iv) by striking ``and the motor carrier safety grant
program''; and
(v) by adding at the end the following:
``(B) Limitation.--No reduction under subparagraph (A)
shall be made for a fiscal year if, as of October 1 of the
fiscal year, the cash balance in the Highway Trust Fund
(other than the Mass Transit Account) exceeds
$6,000,000,000.'';
(2) in subsection (b)(1), by striking subparagraph (A) and
inserting the following:
``(A) the sums authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) for
each of the Federal-aid highway and highway safety
construction programs (other than the equity bonus program)
and for which funds are allocated from the Highway Trust Fund
by the Secretary under this title and the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2005;
bears to'';
(3) in subsection (c), by inserting ``the highway safety
improvement program,'' after ``the surface transportation
program,''; and
(4) by striking subsections (e), (f), and (g).

Subtitle B--New Programs

SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTENANCE
PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code, is amended by inserting after section 138
the following:

``Sec. 139. Infrastructure performance and maintenance
program

``(a) Establishment.--The Secretary shall establish and
implement an infrastructure performance and maintenance
program in accordance with this section.
``(b) Eligible Projects.--A State may obligate funds
allocated to the State under this section only for projects
eligible under the Interstate maintenance program under
section 119, the National Highway System program under
section 103, the surface transportation program under section
133, the highway safety improvement program under section
148, the highway bridge program under section 144, and the
congestion mitigation and air quality improvement program
under section 149 that will--
``(1) preserve, maintain, or otherwise extend, in a cost-
effective manner, the useful life of existing highway
infrastructure elements and hurricane evacuation routes on
the Federal-aid system; or
``(2) provide operational improvements (including traffic
management and intelligent transportation system strategies
and limited capacity enhancements) at points of recurring
highway congestion or through transportation systemic changes
to manage or ameliorate congestion.
``(c) Period of Availability.--
``(1) Obligation within 180 days.--
``(A) In general.--Funds allocated to a State under this
section shall be obligated by the State not later than 180
days after the date of apportionment.
``(B) Unobligated funds.--Any amounts that remain
unobligated at the end of that period shall be allocated in
accordance with subsection (d).
``(2) Obligation by end of fiscal year.--
``(A) In general.--All funds allocated or reallocated under
this section shall remain available for obligation until the
last day of the fiscal year for which the funds are
apportioned.
``(B) Unobligated funds.--Any amounts allocated that remain
unobligated at the end of the fiscal year shall lapse.
``(d) Redistribution of Allocated Funds and Obligation
Authority.--
``(1) In general.--On the date that is 180 days after the
date of allocation, or as soon thereafter as practicable, for
each fiscal year, the Secretary shall--
``(A) withdraw--
``(i) any funds allocated to a State under this section
that remain unobligated; and
``(ii) an equal amount of obligation authority provided for
the use of the funds in accordance with section 1101(13) of
the Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2005; and
``(B) reallocate the funds and redistribute the obligation
authority to those States that--
``(i) have fully obligated all amounts allocated under this
section for the fiscal year; and
``(ii) demonstrate that the State is able to obligate
additional amounts for projects eligible under this section
before the end of the fiscal year.
``(2) Equity bonus.--The calculation and distribution of
funds under section 105 shall be adjusted as a result of the
allocation of funds under this subsection.
``(e) Federal Share Payable.--The Federal share payable for
a project funded under this section shall be determined in
accordance with section 120.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding after the
item relating to section 138 the following:

``139. Infrastructure performance and maintenance program.''.

SEC. 1202. FUTURE OF SURFACE TRANSPORTATION SYSTEM.

(a) Declaration of Policy.--Section 101 of title 23, United
States Code, is amended--
(1) by striking ``(b) It is hereby declared to be'' and
inserting the following:
``(b) Declaration of Policy.--
``(1) Acceleration of construction of federal-aid highway
systems.--Congress declares that it is'';
(2) in the second paragraph, by striking ``It is hereby
declared'' and inserting the following:
``(2) Completion of interstate system.--Congress
declares''; and
(3) by striking the last paragraph and inserting the
following:
``(3) Transportation needs of 21st century.--Congress
declares that--
``(A) it is in the national interest to preserve and
enhance the surface transportation system to meet the needs
of the United States for the 21st Century;
``(B) the current urban and long distance personal travel
and freight movement demands have surpassed the original
forecasts and travel demand patterns are expected to change;
``(C) continued planning for and investment in surface
transportation is critical to ensure the surface
transportation system adequately meets the changing travel
demands of the future;
``(D) among the foremost needs that the surface
transportation system must meet to provide for a strong and
vigorous national economy are safe, efficient, and reliable--
``(i) national and interregional personal mobility
(including personal mobility in rural and urban areas) and
reduced congestion;
``(ii) flow of interstate and international commerce and
freight transportation; and
``(iii) travel movements essential for national security;
``(E) special emphasis should be devoted to providing safe
and efficient access for the type and size of commercial and
military vehicles that access designated National Highway
System intermodal freight terminals;
``(F) it is in the national interest to seek ways to
eliminate barriers to transportation investment created by
the current modal structure of transportation financing;
``(G) the connection between land use and infrastructure is
significant;
``(H) transportation should play a significant role in
promoting economic growth, improving the environment, and
sustaining the quality of life; and
``(I) the Secretary should take appropriate actions to
preserve and enhance the Interstate System to meet the needs
of the 21st Century.''.
(b) National Surface Transportation Policy Study
Commission.--
(1) Establishment.--There is established a commission to be
known as the ``National Surface Transportation Policy Study
Commission'' (referred to in this subsection as the
``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed of 12
members, of whom--
(i) 1 member shall be the Secretary, who shall serve as
Chairperson;
(ii) 3 members shall be appointed by the President;
(iii) 2 members shall be appointed by the Speaker of the
House of Representatives;
(iv) 2 members shall be appointed by the minority leader of
the House of Representatives;
(v) 2 members shall be appointed by the majority leader of
the Senate; and
(vi) 2 members shall be appointed by the minority leader of
the Senate.

[[Page S4664]]

(B) Qualifications.--Members appointed under paragraph
(1)--
(i) shall include individuals representing State and local
governments, metropolitan planning organizations,
transportation-related industries, academic and technical
institutions, and public interest organizations involved with
scientific, regulatory, economic, and environmental
transportation activities; and
(ii) shall be balanced geographically to the extent
consistent with maintaining the highest level of expertise on
the Commission.
(C) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 120 days after
the date of establishment of the Commission.
(D) Terms.--A member shall be appointed for the life of the
Commission.
(E) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment was made.
(F) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(G) Meetings.--The Commission shall meet at the call of the
Chairperson.
(H) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(I) Vice chairperson.--The Commission shall select a Vice
Chairperson from among the members of the Commission.
(3) Duties.--
(A) In general.--The Commission shall--
(i) conduct a complete and comprehensive investigation and
study of--

(I) the current condition and future needs of the surface
transportation system; and
(II) a comprehensive study of alternatives to replace or to
supplement the fuel tax as the principal revenue source to
support the Highway Trust Fund and suggest new or alternative
sources of revenue to fund the needs of the surface
transportation system over at least the next 30 years;

(B) develop a conceptual plan, with alternative approaches,
for the future to ensure that the surface transportation
system will continue to serve the needs of the United States,
including specific recommendations regarding design and
operational standards, Federal policies, and legislative
changes;
(C) consult with the Secretary and the Secretary of the
Treasury in conducting the study to ensure that the views of
the Secretaries concerning essential attributes of Highway
Trust Fund revenue alternatives are considered;
(D) consult with representatives of State departments of
transportation and metropolitan planning organizations and
other key interested stakeholders in conducting the study to
ensure that--
(i) the views of the stakeholders on alternative revenue
sources to support State transportation improvement programs
are considered; and
(ii) any recommended Federal financing strategy takes into
account State financial requirements; and
(E) based on the study, make specific recommendations
regarding--
(i) actions that should be taken to develop alternative
revenue sources to sup port the Highway Trust Fund; and
(ii) the time frame for taking those actions.
(4) Related work.--To the maximum extent practicable, the
study shall build on related work that has been completed
by--
(A) the Secretary of Transportation;
(B) the Secretary of Energy;
(C) the Transportation Research Board, including the
findings, conclusions, and recommendations of the recent
study conducted by the Transportation Research Board on
alternatives to the fuel tax to support highway program
financing; and
(D) other entities and persons.
(5) Surface transportation needs.--With respect to surface
transportation needs, the investigation and study shall
specifically address--
(A) the current condition and performance of the Interstate
System (including the physical condition of bridges and
pavements and operational characteristics and performance),
relying primarily on existing data sources;
(B) the future of the Interstate System, based on a range
of legislative and policy approaches for 15-, 30-, and 50-
year time periods;
(C) the expected demographics and business uses that impact
the surface transportation system;
(D) the expected use of the surface transportation system,
including the effects of changing vehicle types, modes of
transportation, fleet size and weights, and traffic volumes;
(E) desirable design policies and standards for future
improvements of the surface transportation system, including
additional access points;
(F) the identification of urban, rural, national, and
interregional needs for the surface transportation system;
(G) the potential for expansion, upgrades, or other changes
to the surface transportation system, including--
(i) deployment of advanced materials and intelligent
technologies;
(ii) critical multistate, urban, and rural corridors
needing capacity, safety, and operational enhancements;
(iii) improvements to intermodal linkages;
(iv) security and military deployment enhancements;
(v) strategies to enhance asset preservation; and
(vi) implementation strategies;
(H) the improvement of emergency preparedness and
evacuation using the surface transportation system,
including--
(i) examination of the potential use of all modes of the
surface transportation system in the safe and efficient
evacuation of citizens during times of emergency;
(ii) identification of the location of critical
bottlenecks; and
(iii) development of strategies to improve system
redundancy, especially in areas with a high potential for
terrorist attacks;
(I) alternatives for addressing environmental concerns
associated with the future development of the surface
transportation system;
(J) the evaluation and assessment of the current and future
capabilities for conducting system-wide real-time performance
data collection and analysis, traffic monitoring, and
transportation systems operations and management; and
(K) a range of policy and legislative alternatives for
addressing future needs for the surface transportation
system.
(6) Financing.--With respect to financing, the study shall
address specifically--
(A) the advantages and disadvantages of alternative revenue
sources to meet anticipated Federal surface transportation
financial requirements;
(B) recommendations concerning the most promising revenue
sources to support long-term Federal surface transportation
financing requirements;
(C) development of a broad transition strategy to move from
the current tax base to new funding mechanisms, including the
time frame for various components of the transition strategy;
(D) recommendations for additional research that may be
needed to implement recommended alternatives; and
(E) the extent to which revenues should reflect the
relative use of the highway system.
(7) Financing recommendations.--In developing financing
recommendations under this subsection, the Commission shall
consider--
(A) the ability to generate sufficient revenues from all
modes to meet anticipated long-term surface transportation
financing needs;
(B) the roles of the various levels of government and the
private sector in meeting future surface transportation
financing needs;
(C) administrative costs (including enforcement costs) to
implement each option;
(D) the expected increase in nontaxed fuels and the impact
of taxing those fuels;
(E) the likely technological advances that could ease
implementation of each option;
(F) the equity and economic efficiency of each option;
(G) the flexibility of different options to allow various
pricing alternatives to be implemented; and
(H) potential compatibility issues with State and local tax
mechanisms under each alternative.
(8) Technical advisory committee.--The Secretary shall
establish a technical advisory committee, in a manner
consistent with the Federal Advisory Committee Act (5 U.S.C.
App.), to collect and evaluate technical input from--
(A) the Department of Defense;
(B) appropriate Federal, State, and local officials with
responsibility for transportation;
(C) appropriate State and local elected officials;
(D) transportation and trade associations;
(E) emergency management officials;
(F) freight providers;
(G) the general public; and
(H) other entities and persons determined to be appropriate
by the Secretary to ensure a diverse range of views.
(9) Report and recommendations.--Not later than September
30, 2007, the Commission shall submit to Congress a final
report that contains--
(A) a detailed statement of the findings and conclusions of
the Commission; and
(B) the recommendations of the Commission for such
legislation and administrative actions as the Commission
considers to be appropriate.
(10) Powers of the commission.--
(A) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(B) Information from federal agencies.--
(i) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this section.
(ii) Provision of information.--On request of the
Chairperson of the Commission, the head of a Federal agency
shall provide the requested information to the Commission.
(C) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(D) Donations.--The Commission may accept, use, and dispose
of donations of services or property.
(11) Commission personnel matters.--
(A) Members.--A member of the Commission shall serve
without pay but shall be allowed travel expenses, including
per diem in

[[Page S4665]]

lieu of subsistence, at rates authorized for an employee of
an agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of
business of the member in the performance of the duties of
the Commission.
(B) Contractors.--The Commission may enter into contracts
with an appropriate organizations, agencies, and entities to
conduct the study required under this section, under the
strategic guidance of the Commission.
(C) Administrative support.--On the request of the
Commission, the Administrator of the Federal Highway
Administration shall provide to the Commission, on a
reimbursable basis, the administrative support and services
necessary for the Commission to carry out the duties of the
Commission under this section.
(D) Detail of personnel.--
(i) In general.--On the request of the Commission, the
Secretary may detail, on a reimbursable basis, any of the
personnel of the Department to the Commission to assist the
Commission in carrying out the duties of the Commission under
this section.
(ii) Civil service status.--The detail of the employee
shall be without interruption or loss of civil service status
or privilege.
(12) Cooperation.--The staff of the Secretary shall
cooperate with the Commission in the study required under
this section, including providing such nonconfidential data
and information as are necessary to conduct the study.
(13) Relationship to other law.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), funds made available to carry out this section shall
be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code.
(B) Federal share.--The Federal share of the cost of the
study and the Commission under this section shall be 100
percent.
(C) Availability.--Funds made available to carry out this
section shall remain available until expended.
(14) Definition of surface transportation system.--In this
subsection, the term ``surface transportation system''
includes--
(A) the National Highway System;
(B) the Interstate System;
(C) the strategic highway network;
(D) congressional high priority corridors;
(E) intermodal connectors;
(F) freight facilities;
(G) navigable waterways;
(H) mass transportation;
(I) freight and intercity passenger rail infrastructure and
facilities; and
(J) surface access to airports.
(15) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$2,815,886 for fiscal year 2005.
(16) Termination.--
(A) In general.--The Commission shall terminate on the date
that is 180 days after the date on which the Commission
submits the report of the Commission under paragraph (10).
(B) Records.--Not later than the date of termination of the
Commission under subparagraph (A), all records and papers of
the Commission shall be delivered to the Archivist of the
United States for deposit in the National Archives.

SEC. 1203. FREIGHT TRANSPORTATION GATEWAYS; FREIGHT
INTERMODAL CONNECTIONS.

(a) Freight Transportation Gateways.--Chapter 3 of title
23, United States Code, is amended by adding at the end the
following:

``Sec. 325. Freight transportation gateways

``(a) In General.--
``(1) Establishment.--The Secretary shall establish a
freight transportation gateways program to improve
productivity, security, and safety of freight transportation
gateways, while mitigating congestion and community impacts
in the area of the gateways.
``(2) Purposes.--The purposes of the freight transportation
gateways program shall be--
``(A) to facilitate and support multimodal freight
transportation initiatives at the State and local levels in
order to improve freight transportation gateways and mitigate
the impact of congestion on the environment in the area of
the gateways;
``(B) to provide capital funding to address infrastructure
and freight operational needs at freight transportation
gateways;
``(C) to encourage adoption of new financing strategies to
leverage State, local, and private investment in freight
transportation gateways;
``(D) to facilitate access to intermodal freight transfer
facilities; and
``(E) to increase economic efficiency by facilitating the
movement of goods.
``(b) State Responsibilities.--
``(1) Project development process.--Each State, in
coordination with metropolitan planning organizations, shall
ensure that intermodal freight transportation, trade
facilitation, and economic development needs are adequately
considered and fully integrated into the project development
process, including transportation planning through final
design and construction of freight-related transportation
projects.
``(2) Freight transportation coordinator.--
``(A) In general.--Each State shall designate a freight
transportation coordinator.
``(B) Duties.--The coordinator shall--
``(i) foster public and private sector collaboration needed
to implement complex solutions to freight transportation and
freight transportation gateway problems, including--

``(I) coordination of metropolitan and statewide
transportation activities with trade and economic interests;
``(II) coordination with other States, agencies, and
organizations to find regional solutions to freight
transportation problems; and
``(III) coordination with local officials of the Department
of Defense and the Department of Homeland Security, and with
other organizations, to develop regional solutions to
military and homeland security transportation needs; and

``(ii) promote programs that build professional capacity to
better plan, coordinate, integrate, and understand freight
transportation needs for the State.
``(c) Innovative Finance Strategies.--
``(1) In general.--States and localities are encouraged to
adopt innovative financing strategies for freight
transportation gateway improvements, including--
``(A) new user fees;
``(B) modifications to existing user fees, including trade
facilitation charges;
``(C) revenue options that incorporate private sector
investment; and
``(D) a blending of Federal-aid and innovative finance
programs.
``(2) Technical assistance.--The Secretary shall provide
technical assistance to States and localities with respect to
the strategies.
``(d) Intermodal Freight Transportation Projects.--
``(1) Use of surface transportation program funds.--A State
may obligate funds apportioned to the State under section
104(b)(3) for publicly-owned intermodal freight
transportation projects that provide community and highway
benefits by addressing economic, congestion, system
reliability, security, safety, or environmental issues
associated with freight transportation gateways.
``(2) Eligible projects.--A project eligible for funding
under this section--
``(A) may include publicly-owned intermodal freight
transfer facilities, access to the facilities, and
operational improvements for the facilities (including
capital investment for intelligent transportation systems),
except that projects located within the boundaries of port
terminals shall only include the surface transportation
infrastructure modifications necessary to facilitate direct
intermodal interchange, transfer, and access into and out of
the port; and
``(B) may involve the combining of private and public
funds.''.
(b) Eligibility for Surface Transportation Program Funds.--
Section 133(b) of title 23, United States Code, is amended by
inserting after paragraph (11) the following:
``(12) Intermodal freight transportation projects in
accordance with section 325(d)(2).''.
(c) Freight Intermodal Connections to NHS.--Section 103(b)
of title 23, United States Code, is amended by adding at the
end the following:
``(7) Freight intermodal connections to the nhs.--
``(A) Funding set-aside.--Of the funds apportioned to a
State for each fiscal year under section 104(b)(1), an amount
determined in accordance with subparagraph (B) shall only be
available to the State to be obligated for projects on--
``(i) National Highway System routes connecting to
intermodal freight terminals identified according to criteria
specified in the report to Congress entitled `Pulling
Together: The National Highway System and its Connections to
Major Intermodal Terminals' dated May 24, 1996, referred to
in paragraph (1), and any modifications to the connections
that are consistent with paragraph (4);
``(ii) strategic highway network connectors to strategic
military deployment ports; and
``(iii) projects to eliminate railroad crossings or make
railroad crossing improvements.
``(B) Determination of amount.--The amount of funds for
each State for a fiscal year that shall be set aside under
subparagraph (A) shall be equal to the greater of--
``(i) the product obtained by multiplying--

``(I) the total amount of funds apportioned to the State
under section 104(b)(1); by
``(II) the percentage of miles that routes specified in
subparagraph (A) constitute of the total miles on the
National Highway System in the State; or

``(ii) 2 percent of the annual apportionment to the State
of funds under 104(b)(1).
``(C) Exemption from set-aside.--For any fiscal year, a
State may obligate the funds otherwise set aside by this
paragraph for any project that is eligible under paragraph
(6) and is located in the State on a segment of the National
Highway System specified in paragraph (2), if the State
certifies and the Secretary concurs that--
``(i) the designated National Highway System intermodal
connectors described in subparagraph (A) are in good
condition and provide an adequate level of service for
military vehicle and civilian commercial vehicle use; and
``(ii) significant needs on the designated National Highway
System intermodal connectors are being met or do not
exist.''.
(d) Federal Share Payable.--Section 120 of title 23, United
States Code, is amended by adding at the end the following:
``(m) Increased Federal Share for Connectors.--In the case
of a project to support a National Highway System intermodal

[[Page S4666]]

freight connection or strategic highway network connector to
a strategic military deployment port described in section
103(b)(7), except as otherwise provided in section 120, the
Federal share of the total cost of the project shall be 90
percent.''.
(e) Length Limitations.--Section 31111(e) of title 49,
United States Code, is amended--
(1) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Length limitations.--In the interests of economic
competitiveness, security, and intermodal connectivity, not
later than 3 years after the date of enactment of this
paragraph, States shall update the list of those qualifying
highways to include--
``(A) strategic highway network connectors to strategic
military deployment ports; and
``(B) National Highway System intermodal freight
connections serving military and commercial truck traffic
going to major intermodal terminals as described in section
103(b)(7)(A)(i).''.
(f) Conforming Amendment.--The analysis of chapter 3 of
title 23, United States Code, is amended by adding at the end
the following:

``325. Freight transportation gateways.''.

SEC. 1204. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL AND
MAINTENANCE FACILITIES; COORDINATION OF FERRY
CONSTRUCTION AND MAINTENANCE.

(a) In General.--Section 147 of title 23, United States
Code, is amended to read as follows:

``Sec. 147. Construction of ferry boats and ferry terminal
and maintenance facilities; coordination of ferry
construction and maintenance

``(a) Construction of Ferry Boats and Ferry Terminal
Facilities.--
``(1) In general.--The Secretary shall carry out a program
for construction of ferry boats and ferry terminal facilities
in accordance with section 129(c).
``(2) Federal share.--The Federal share of the cost of
construction of ferry boats and ferry terminals and
maintenance facilities under this subsection shall be 80
percent.
``(3) Allocation of funds.--The Secretary shall give
priority in the allocation of funds under this subsection to
those ferry systems, and public entities responsible for
developing ferries, that--
``(A) carry the greatest number of passengers and vehicles;
``(B) carry the greatest number of passengers in passenger-
only service; or
``(C) provide critical access to areas that are not well-
served by other modes of surface transportation.
``(b) Non-Contract Authority Authorization of
Appropriations.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) $46,931,447 for each fiscal year to carry out this
section.
``(2) Availability.--Notwithstanding section 118(a), funds
made available under paragraph (1) shall not be available in
advance of an annual appropriation.''.
(b) Conforming Amendments.--
(1) The analysis for subchapter I of chapter 1 of title 23,
United States Code, is amended by striking the item relating
to section 147 and inserting the following:

``147. Construction of ferry boats and ferry terminal and maintenance
facilities.''.

(2) Section 1064 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2005) is repealed.

SEC. 1205. DESIGNATION OF INTERSTATE HIGHWAYS.

(a) Designation of Daniel Patrick Moynihan Interstate
Highway.--
(1) Designation.--Interstate Route 86 in the State of New
York, extending from the Pennsylvania border near Lake Erie
through Orange County, New York, shall be known and
designated as the ``Daniel Patrick Moynihan Interstate
Highway''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
highway referred to in paragraph (1) shall be deemed to be a
reference to the Daniel Patrick Moynihan Interstate Highway.
(b) Designation of Amo Houghton Bypass.--
(1) Designation.--The 3-mile segment of Interstate Route 86
between the interchange of Interstate Route 86 with New York
State Route 15 in the vicinity of Painted Post, New York, and
the interchange of Interstate Route 86 with New York State
Route 352 in the vicinity of Corning, New York, shall be
known and designated as the ``Amo Houghton Bypass''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
highway referred to in paragraph (1) shall be deemed to be a
reference to the Amo Houghton Bypass.

SEC. 1206. STATE-BY-STATE COMPARISON OF HIGHWAY CONSTRUCTION
COSTS.

(a) Collection of Data.--
(1) In general.--The Administrator of the Federal Highway
Administration (referred to in this section as the
``Administrator'') shall collect from States any bid price
data that is necessary to make State-by-State comparisons of
highway construction costs.
(2) Data required.--In determining which data to collect
and the procedures for collecting data, the Administrator
shall take into account the data collection deficiencies
identified in the report prepared by the General Accounting
Office numbered GAO-04-113R.
(b) Report.--
(1) In general.--The Administrator shall submit to Congress
an annual report on the bid price data collected under
subsection (a).
(2) Inclusions.--The report shall include--
(A) State-by-State comparisons of highway construction
costs for the previous fiscal year (including the cost to
construct a 1-mile road segment of a standard design, as
determined by the Administrator); and
(B) a description of the competitive bidding procedures
used in each State; and
(C) a determination by Administrator as to whether the
competitive bidding procedures described under subparagraph
(B) are effective.
(c) Innovative and Cost-Effective Materials.--The Secretary
shall encourage and provide incentives to States to make
maximum use of innovative and cost-effective materials and
products in highway construction.

Subtitle C--Finance

SEC. 1301. FEDERAL SHARE.

Section 120 of title 23, United States Code, is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--Except as otherwise provided in this
chapter, the Federal share payable on account of any project
on the Interstate System (including a project to add high
occupancy vehicle lanes and a project to add auxiliary lanes
but excluding a project to add any other lanes) shall be 90
percent of the total cost of the project.'';
(2) in subsection (b)--
(A) by striking ``Except as otherwise'' and inserting the
following:
``(1) In general.--Except as otherwise'';
(B) by striking ``shall be--'' and all that follows and
inserting ``shall be 80 percent of the cost of the
project.''; and
(C) by adding at the end the following:
``(2) State-determined lower federal share.--In the case of
any project subject to this subsection, a State may determine
a lower Federal share than the Federal share determined under
paragraph (1).'';
(3) by striking subsection (d) and inserting the following:
``(d) Increased Federal Share.--
``(1) In general.--The Federal share payable under
subsection (a) or (b) may be increased for projects and
activities in each State in which is located--
``(A) nontaxable Indian land;
``(B) public land (reserved or unreserved);
``(C) a national forest; or
``(D) a national park or monument.
``(2) Amount.--
``(A) In general.--The Federal share for States described
in paragraph (1) shall be increased by a percentage of the
remaining cost that--
``(i) is equal to the percentage that--

``(I) the area of all land described in paragraph (1) in a
State; bears to
``(II) the total area of the State; but

``(ii) does not exceed 95 percent of the total cost of the
project or activity for which the Federal share is provided.
``(B) Adjustment.--The Secretary shall adjust the Federal
share for States under subparagraph (A) as the Secretary
determines necessary, on the basis of data provided by the
Federal agencies that are responsible for maintaining the
data.''.

SEC. 1302. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

Section 104 of title 23, United States Code, is amended by
striking subsection (k) and inserting the following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit projects.--
``(A) In general.--Subject to subparagraph (B), funds made
available for transit projects or transportation planning
under this title may be transferred to and administered by
the Secretary in accordance with chapter 53 of title 49.
``(B) Non-federal share.--The provisions of this title
relating to the non-Federal share shall apply to the
transferred funds.
``(2) Transfer of transit funds for highway projects.--
Funds made available for highway projects or transportation
planning under chapter 53 of title 49 may be transferred to
and administered by the Secretary in accordance with this
title.
``(3) Transfer of highway funds to other federal
agencies.--
``(A) In general.--Except as provided in clauses (i) and
(ii) and subparagraph (B), funds made available under this
title or any other Act that are derived from Highway Trust
Fund (other than the Mass Transit account) may be transferred
to another Federal agency if--
``(i)(I) an expenditure is specifically authorized in
Federal-aid highway legislation or as a line item in an
appropriation act; or
``(II) a State transportation department consents to the
transfer of funds;
``(ii) the Secretary determines, after consultation with
the State transportation department (as appropriate), that
the Federal agency should carry out a project with the funds;
and
``(iii) the other Federal agency agrees to accept the
transfer of funds and to administer the project.
``(B) Administration.--
``(i) Procedures.--A project carried out with funds
transferred to a Federal agency

[[Page S4667]]

under subparagraph (A) shall be administered by the Federal
agency under the procedures of the Federal agency.
``(ii) Appropriations.--Funds transferred to a Federal
agency under subparagraph (A) shall not be considered an
augmentation of the appropriations of the Federal agency.
``(iii) Non-federal share.--The provisions of this title,
or an Act described in subparagraph (A), relating to the non-
Federal share shall apply to a project carried out with the
transferred funds, unless the Secretary determines that it is
in the best interest of the United States that the non-
Federal share be waived.
``(4) Transfer of funds among states or to federal highway
administration.--
``(A) In general.--Subject to subparagraphs (B) through
(D), the Secretary may, at the request of a State, transfer
funds apportioned or allocated to the State to another State,
or to the Federal Highway Administration, for the purpose of
funding 1 or more specific projects.
``(B) Administration.--The transferred funds shall be used
for the same purpose and in the same manner for which the
transferred funds were authorized.
``(C) Apportionment.--The transfer shall have no effect on
any apportionment formula used to distribute funds to States
under this section or section 105 or 144.
``(D) Surface transportation program.--Funds that are
apportioned or allocated to a State under subsection (b)(3)
and attributed to an urbanized area of a State with a
population of over 200,000 individuals under section
133(d)(2) may be transferred under this paragraph only if the
metropolitan planning organization designated for the area
concurs, in writing, with the transfer request.
``(5) Transfer of obligation authority.--Obligation
authority for funds transferred under this subsection shall
be transferred in the same manner and amount as the funds for
the projects are transferred under this subsection.''.

SEC. 1303. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT AMENDMENTS.

(a) Definitions.--Section 181 of title 23, United States
Code, is amended--
(1) in paragraph (3), by striking ``category'' and
``offered into the capital markets'';
(2) by striking paragraph (7) and redesignating paragraphs
(8) through (15) as paragraphs (7) through (14) respectively;
(3) in paragraph (8) (as redesignated by paragraph (2))--
(A) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) a project that--
``(i)(I) is a project for--

``(aa) a public freight rail facility or a private facility
providing public benefit;
``(bb) an intermodal freight transfer facility;
``(cc) a means of access to a facility described in item
(aa) or (bb);
``(dd) a service improvement for a facility described in
item (aa) or (bb) (including a capital investment for an
intelligent transportation system); or

``(II) comprises a series of projects described in
subclause (I) with the common objective of improving the flow
of goods;
``(ii) may involve the combining of private and public
sector funds, including investment of public funds in private
sector facility improvements; and
``(iii) if located within the boundaries of a port
terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate
direct intermodal interchange, transfer, and access into and
out of the port.''; and
(4) in paragraph (10) (as redesignated by paragraph (2)) by
striking ``bond'' and inserting ``credit''.
(b) Determination of Eligibility and Project Selection.--
Section 182 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Inclusion in transportation plans and programs.--The
project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an
agreement to make available a Federal credit instrument is
entered into under this subchapter.
``(2) Application.--A State, local government, public
authority, public-private partnership, or any other legal
entity undertaking the project and authorized by the
Secretary shall submit a project application to the
Secretary.'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``$100,000,000'' and
inserting ``$50,000,000''; and
(ii) in clause (ii), by striking ``50'' and inserting
``20''; and
(C) in paragraph (4)--
(i) by striking ``Project financing'' and inserting ``The
Federal credit instrument''; and
(ii) by inserting before the period at the end the
following: ``that also secure the project obligations''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``criteria'' the second
place it appears and inserting ``requirements''; and
(B) in paragraph (2)(B), by inserting ``(which may be the
Federal credit instrument)'' after ``obligations''.
(c) Secured Loans.--Section 183 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``of any project selected under section
182.'' at the end;
(ii) in subparagraphs (A) and (B), by inserting ``of any
project selected under section 182'' after ``costs'' ; and
(iii) in subparagraph (B), by striking the semicolon at the
end and inserting a period; and
(B) in paragraph (4)--
(i) by striking ``funding'' and inserting ``execution'';
and
(ii) by striking ``rating,'' and all that follows and
inserting a period;
(2) in subsection (b)--
(A) by striking paragraph (2) and inserting the following:
``(2) Maximum amount.--The amount of the secured loan shall
not exceed the lesser of--
``(A) 33 percent of the reasonably anticipated eligible
project costs; or
``(B) the amount of the senior project obligations.'';
(B) in paragraph (3)(A)(i), by inserting ``that also secure
the senior project obligations'' after ``sources''; and
(C) in paragraph (4), by striking ``marketable''; and
(3) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(C) in paragraph (3) (as redesignated by subparagraph
(B))--
(i) in subparagraph (A), by striking ``during the 10
years''; and
(ii) in subparagraph (B)(ii), by striking ``loan'' and all
that follows and inserting ``loan.''.
(d) Lines of Credit.--Section 184 of title 23, United
States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``interest, any debt
service reserve fund, and any other available reserve'' and
inserting ``interest (but not including reasonably required
financing reserves)'';
(B) in paragraph (4), by striking ``marketable United
States Treasury securities as of the date on which the line
of credit is obligated'' and inserting `` United States
Treasury securities as of the date of execution of the line
of credit agreement''; and
(C) in paragraph (5)(A)(i), by inserting ``that also secure
the senior project obligations'' after ``sources''; and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``scheduled'';
(ii) by inserting ``be scheduled to'' after ``shall''; and
(iii) by striking ``be fully repaid, with interest,'' and
inserting ``to conclude, with full repayment of principal and
interest,''; and
(B) by striking paragraph (3).
(e) Program Administration.--Section 185 of title 23,
United States Code, is amended to read as follows:

``Sec. 185. Program administration

``(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instruments made
available under this subchapter.
``(b) Fees.--The Secretary may establish fees at a level to
cover all or a portion of the costs to the Federal government
of servicing the Federal credit instruments.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal
credit instruments.
``(2) Duties.--The servicer shall act as the agent for the
Secretary.
``(3) Fee.--The servicer shall receive a servicing fee,
subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments.''.
(f) Funding.--Section 188 of title 23, United States Code,
is amended to read as follows:

``Sec. 188. Funding

``(a) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subchapter $122,021,761 for each
of fiscal years 2005 through 2009.
``(2) Administrative costs.--Of amounts made available
under paragraph (1), the Secretary may use for the
administration of this subchapter not more than $1,877,258
for each of fiscal years 2005 through 2009.
``(3) Collected fees and services.--In addition to funds
provided under paragraph (2)--
``(A) all fees collected under this subchapter shall be
made available without further appropriation to the Secretary
until expended, for use in administering this subchapter; and
``(B) the Secretary may accept and use payment or services
provided by transaction participants, or third parties that
are paid by participants from transaction proceeds, for due
diligence, legal, financial, or technical services.
``(4) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, approval by the Secretary of a Federal credit instrument
that uses funds made available under this subchapter shall be
deemed to be acceptance by

[[Page S4668]]

the United States of a contractual obligation to fund the
Federal credit investment.
``(2) Availability.--Amounts authorized under this section
for a fiscal year shall be available for obligation on
October 1 of the fiscal year.''.
(g) Repeal.--Section 189 of title 23, United States code,
is repealed.
(h) Conforming Amendments.--The analysis for chapter 1 of
title 23, United States Code, is amended--
(1) by striking the item relating to section 185 and
inserting the following:

``185. Program administration.'';

and
(2) by striking the item relating to section 189.

SEC. 1304. STATE INFRASTRUCTURE BANKS.

Section 1511(b)(1)(A) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 181 note; 112 Stat. 251) is
amended by striking ``Missouri,'' and all that follows
through ``for the establishment'' and inserting ``Missouri,
Rhode Island, Texas, and any other State that seeks such an
agreement for the establishment''.

SEC. 1305. PUBLIC-PRIVATE PARTNERSHIPS PILOT PROGRAM.

Section 109(c) of title 23, United States Code, is amended
by adding at the end the following:
``(3) Public-private partnerships pilot program.--
``(A) In general.--The Secretary may undertake a pilot
program to demonstrate the advantages of public-private
partnerships for critical capital development projects,
including highway, bridge, and freight intermodal connector
projects authorized under this title.
``(B) Projects.--In carrying out the program, the Secretary
shall--
``(i) select not less than 10 qualified public-private
partnership projects that are authorized under applicable
State and local laws; and
``(ii) use funds made available to carry out the program to
provide to sponsors of the projects assistance for
development phase activities described in section 181(1)(A),
to enhance project delivery and reduce overall costs.''.

Subtitle D--Safety

SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

(a) Safety Improvement.--
(1) In general.--Section 148 of title 23, United States
Code, is amended to read as follows:

``Sec. 148. Highway safety improvement program

``(a) Definitions.--In this section:
``(1) Highway safety improvement program.--The term
`highway safety improvement program' means the program
carried out under this section.
``(2) Highway safety improvement project.--
``(A) In general.--The term `highway safety improvement
project' means a project described in the State strategic
highway safety plan that--
``(i) corrects or improves a hazardous road location or
feature; or
``(ii) addresses a highway safety problem.
``(B) Inclusions.--The term `highway safety improvement
project' includes a project for--
``(i) an intersection safety improvement;
``(ii) pavement and shoulder widening (including addition
of a passing lane to remedy an unsafe condition);
``(iii) installation of rumble strips or another warning
device, if the rumble strips or other warning devices do not
adversely affect the safety or mobility of bicyclists and
pedestrians;
``(iv) installation of a skid-resistant surface at an
intersection or other location with a high frequency of
accidents;
``(v) an improvement for pedestrian or bicyclist safety;
``(vi)(I) construction of any project for the elimination
of hazards at a railway-highway crossing that is eligible for
funding under section 130, including the separation or
protection of grades at railway-highway crossings;
``(II) construction of a railway-highway crossing safety
feature; or
``(III) the conduct of a model traffic enforcement activity
at a railway-highway crossing;
``(vii) construction of a traffic calming feature;
``(viii) elimination of a roadside obstacle;
``(ix) improvement of highway signage and pavement
markings;
``(x) installation of a priority control system for
emergency vehicles at signalized intersections;
``(xi) installation of a traffic control or other warning
device at a location with high accident potential;
``(xii) safety-conscious planning;
``(xiii) improvement in the collection and analysis of
crash data;
``(xiv) planning, integrated, interoperable emergency
communications, equipment, operational activities, or traffic
enforcement activities (including police assistance) relating
to workzone safety;
``(xv) installation of guardrails, barriers (including
barriers between construction work zones and traffic lanes
for the safety of motorists and workers), and crash
attenuators;
``(xvi) the addition or retrofitting of structures or other
measures to eliminate or reduce accidents involving vehicles
and wildlife; or
``(xvii) installation and maintenance of signs (including
fluorescent, yellow-green signs) at pedestrian-bicycle
crossings and in school zones.
``(3) Safety project under any other section.--
``(A) In general.--The term `safety project under any other
section' means a project carried out for the purpose of
safety under any other section of this title.
``(B) Inclusion.--The term `safety project under any other
section' includes a project to--
``(i) promote the awareness of the public and educate the
public concerning highway safety matters (including
motorcyclist safety); or
``(ii) enforce highway safety laws.
``(4) State highway safety improvement program.--The term
`State highway safety improvement program' means projects or
strategies included in the State strategic highway safety
plan carried out as part of the State transportation
improvement program under section 135(f).
``(5) State strategic highway safety plan.--The term `State
strategic highway safety plan' means a plan developed by the
State transportation department that--
``(A) is developed after consultation with--
``(i) a highway safety representative of the Governor of
the State;
``(ii) regional transportation planning organizations and
metropolitan planning organizations, if any;
``(iii) representatives of major modes of transportation;
``(iv) State and local traffic enforcement officials;
``(v) persons responsible for administering section 130 at
the State level;
``(vi) representatives conducting Operation Lifesaver;
``(vii) representatives conducting a motor carrier safety
program under section 31104 or 31107 of title 49;
``(viii) motor vehicle administration agencies; and
``(ix) other major State and local safety stakeholders;
``(B) analyzes and makes effective use of State, regional,
or local crash data;
``(C) addresses engineering, management, operation,
education, enforcement, and emergency services elements
(including integrated, interoperable emergency
communications) of highway safety as key factors in
evaluating highway projects;
``(D) considers safety needs of, and high-fatality segments
of, public roads;
``(E) considers the results of State, regional, or local
transportation and highway safety planning processes;
``(F) describes a program of projects or strategies to
reduce or eliminate safety hazards;
``(G) is approved by the Governor of the State or a
responsible State agency; and
``(H) is consistent with the requirements of section
135(f).
``(b) Program.--
``(1) In general.--The Secretary shall carry out a highway
safety improvement program.
``(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on
public roads.
``(c) Eligibility.--
``(1) In general.--To obligate funds apportioned under
section 104(b)(5) to carry out this section, a State shall
have in effect a State highway safety improvement program
under which the State--
``(A) develops and implements a State strategic highway
safety plan that identifies and analyzes highway safety
problems and opportunities as provided in paragraph (2);
``(B) produces a program of projects or strategies to
reduce identified safety problems;
``(C) evaluates the plan on a regular basis to ensure the
accuracy of the data and priority of proposed improvements;
and
``(D) submits to the Secretary an annual report that--
``(i) describes, in a clearly understandable fashion, not
less than 5 percent of locations determined by the State,
using criteria established in accordance with paragraph
(2)(B)(ii), as exhibiting the most severe safety needs; and
``(ii) contains an assessment of--

``(I) potential remedies to hazardous locations identified;
``(II) estimated costs associated with those remedies; and
``(III) impediments to implementation other than cost
associated with those remedies.

``(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State strategic
highway safety plan, a State shall--
``(A) have in place a crash data system with the ability to
perform safety problem identification and countermeasure
analysis;
``(B) based on the analysis required by subparagraph (A)--
``(i) identify hazardous locations, sections, and elements
(including roadside obstacles, railway-highway crossing
needs, and unmarked or poorly marked roads) that constitute a
danger to motorists (including motorcyclists), bicyclists,
pedestrians, and other highway users; and
``(ii) using such criteria as the State determines to be
appropriate, establish the relative severity of those
locations, in terms of accidents, injuries, deaths, traffic
volume levels, and other relevant data;

[[Page S4669]]

``(C) adopt strategic and performance-based goals that--
``(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
``(ii) focus resources on areas of greatest need; and
``(iii) are coordinated with other State highway safety
programs;
``(D) advance the capabilities of the State for traffic
records data collection, analysis, and integration with other
sources of safety data (such as road inventories) in a manner
that--
``(i) complements the State highway safety program under
chapter 4 and the commercial vehicle safety plan under
section 31102 of title 49;
``(ii) includes all public roads;
``(iii) identifies hazardous locations, sections, and
elements on public roads that constitute a danger to
motorists (including motorcyclists), bicyclists, pedestrians,
and other highway users; and
``(iv) includes a means of identifying the relative
severity of hazardous locations described in clause (iii) in
terms of accidents, injuries, deaths, and traffic volume
levels;
``(E)(i) determine priorities for the correction of
hazardous road locations, sections, and elements (including
railway-highway crossing improvements), as identified through
crash data analysis;
``(ii) identify opportunities for preventing the
development of such hazardous conditions; and
``(iii) establish and implement a schedule of highway
safety improvement projects for hazard correction and hazard
prevention; and
``(F)(i) establish an evaluation process to analyze and
assess results achieved by highway safety improvement
projects carried out in accordance with procedures and
criteria established by this section; and
``(ii) use the information obtained under clause (i) in
setting priorities for highway safety improvement projects.
``(d) Eligible Projects.--
``(1) In general.--A State may obligate funds apportioned
to the State under section 104(b)(5) to carry out--
``(A) any highway safety improvement project on any public
road or publicly owned bicycle or pedestrian pathway or
trail; or
``(B) as provided in subsection (e), for other safety
projects.
``(2) Use of other funding for safety.--
``(A) Effect of section.--Nothing in this section prohibits
the use of funds made available under other provisions of
this title for highway safety improvement projects.
``(B) Use of other funds.--States are encouraged to address
the full scope of their safety needs and opportunities by
using funds made available under other provisions of this
title (except a provision that specifically prohibits that
use).
``(e) Flexible Funding for States With a Strategic Highway
Safety Plan.--
``(1) In general.--To further the implementation of a State
strategic highway safety plan, a State may use up to 25
percent of the amount of funds made available under this
section for a fiscal year to carry out safety projects under
any other section as provided in the State strategic highway
safety plan.
``(2) Other transportation and highway safety plans.--
Nothing in this subsection requires a State to revise any
State process, plan, or program in effect on the date of
enactment of this section.
``(f) Reports.--
``(1) In general.--A State shall submit to the Secretary a
report that--
``(A) describes progress being made to implement highway
safety improvement projects under this section;
``(B) assesses the effectiveness of those improvements; and
``(C) describes the extent to which the improvements funded
under this section contribute to the goals of--
``(i) reducing the number of fatalities on roadways;
``(ii) reducing the number of roadway-related injuries;
``(iii) reducing the occurrences of roadway-related
crashes;
``(iv) mitigating the consequences of roadway-related
crashes; and
``(v) reducing the occurrences of roadway-railroad grade
crossing crashes.
``(2) Contents; schedule.--The Secretary shall establish
the content and schedule for a report under paragraph (1).
``(3) Transparency.--The Secretary shall make reports under
subsection (c)(1)(D) available to the public through--
``(A) the Internet site of the Department; and
``(B) such other means as the Secretary determines to be
appropriate.
``(4) Discovery and admission into evidence of certain
reports, surveys, and information.--Notwithstanding any other
provision of law, reports, surveys, schedules, lists, or data
compiled or collected for any purpose directly relating to
paragraph (1) or subsection (c)(1)(D), or published by the
Secretary in accordance with paragraph (3), shall not be
subject to discovery or admitted into evidence in a Federal
or State court proceeding or considered for other purposes in
any action for damages arising from any occurrence at a
location identified or addressed in such reports, surveys,
schedules, lists, or other data.
``(g) Federal Share of Highway Safety Improvement
Projects.--Except as provided in sections 120 and 130, the
Federal share of the cost of a highway safety improvement
project carried out with funds made available under this
section shall be 90 percent.
``(h) Funds for Bicycle and Pedestrian Safety.--A State
shall allocate for bicycle and pedestrian improvements in the
State a percentage of the funds remaining after
implementation of sections 130(e) and 150, in an amount that
is equal to or greater than the percentage of all fatal
crashes in the State involving bicyclists and pedestrians.
``(i) Roadway Safety Improvements for Older Drivers and
Pedestrians.--For each of fiscal years 2005 through 2009,
$23,465,723 is authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for
projects in all States to improve traffic signs and pavement
markings in a manner consistent with the recommendations
included in the publication of the Federal Highway
Administration entitled `Guidelines and Recommendations to
Accommodate Older Drivers and Pedestrians (FHWA-RD-01-103)'
and dated October 2001.''.
(2) Allocations of apportioned funds.--Section 133(d) of
title 23, United States Code, is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(C) in paragraph (2) (as redesignated by subparagraph
(B))--
(i) in the first sentence of subparagraph (A)--

(I) by striking ``subparagraphs (C) and (D)'' and inserting
``subparagraph (C)''; and
(II) by striking ``80 percent'' and inserting ``90
percent'';

(ii) in subparagraph (B), by striking ``tobe'' and
inserting ``to be'';
(iii) by striking subparagraph (C);
(iv) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(v) in subparagraph (C) (as redesignated by clause (iv)),
by adding a period at the end; and
(D) in paragraph (4)(A) (as redesignated by subparagraph
(B)), by striking ``paragraph (2)'' and inserting ``paragraph
(1)''.
(3) Administration.--Section 133(e) of title 23, United
States Code, is amended in each of paragraphs (3)(B)(i),
(5)(A), and (5)(B) of subsection (e), by striking ``(d)(2)''
each place it appears and inserting ``(d)(1)''.
(4) Conforming amendments.--
(A) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section 148
and inserting the following:

``148. Highway safety improvement program.''.

(B) Section 104(g) of title 23, United States Code, is
amended in the first sentence by striking ``sections 130,
144, and 152 of this title'' and inserting ``sections 130 and
144''.
(C) Section 126 of title 23, United States Code, is
amended--
(i) in subsection (a), by inserting ``under'' after
``State's apportionment''; and
(ii) in subsection (b)--

(I) in the first sentence, by striking ``the last sentence
of section 133(d)(1) or to section 104(f) or to section
133(d)(3)'' and inserting ``section 104(f) or 133(d)(2)'';
and
(II) in the second sentence, by striking ``or 133(d)(2)''.

(D) Sections 154, 164, and 409 of title 23, United States
Code, are amended by striking ``152'' each place it appears
and inserting ``148''.
(b) Apportionment of Highway Safety Improvement Program
Funds.--Section 104(b) of title 23, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by inserting
after ``Improvement program,'' the following: ``the highway
safety improvement program,''; and
(2) by adding at the end the following:
``(5) Highway safety improvement program.--
``(A) In general.--For the highway safety improvement
program, in accordance with the following formula:
``(i) 25 percent of the apportionments in the ratio that--

``(I) the total lane miles of Federal-aid highways in each
State; bears to
``(II) the total lane miles of Federal-aid highways in all
States.

``(ii) 40 percent of the apportionments in the ratio that--

``(I) the total vehicle miles traveled on lanes on Federal-
aid highways in each State; bears to
``(II) the total vehicle miles traveled on lanes on
Federal-aid highways in all States.

``(iii) 35 percent of the apportionments in the ratio
that--

``(I) the estimated tax payments attributable to highway
users in each State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available; bears to
``(II) the estimated tax payments attributable to highway
users in all States paid into the Highway Trust Fund (other
than the Mass Transit Account) in the latest fiscal year for
which data are available.

``(B) Minimum apportionment.--Notwithstanding subparagraph
(A), each State shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this paragraph.''.
(c) Elimination of Hazards Relating to Railway-Highway
Crossings.--
(1) Funds for railway-highway crossings.--Section 130(e) of
title 23, United States Code, is amended by inserting before
``At least'' the following: ``For each fiscal year, at least
$187,725,786 of the funds authorized and expended under
section 148 shall be

[[Page S4670]]

available for the elimination of hazards and the installation
of protective devices at railway-highway crossings.''.
(2) Biennial reports to congress.--Section 130(g) of title
23, United States Code, is amended in the third sentence--
(A) by inserting ``and the Committee on Commerce, Science,
and Transportation,'' after ``Public Works''; and
(B) by striking ``not later than April 1 of each year'' and
inserting ``every other year''.
(3) Expenditure of funds.--Section 130 of title 23, United
States Code, is amended by adding at the end the following:
``(k) Expenditure of Funds.--Funds made available to carry
out this section shall be--
``(1) available for expenditure on compilation and analysis
of data in support of activities carried out under subsection
(g); and
``(2) apportioned in accordance with section 104(b)(5).''.
(d) Transition.--
(1) Implementation.--Except as provided in paragraph (2),
the Secretary shall approve obligations of funds apportioned
under section 104(b)(5) of title 23, United States Code (as
added by subsection (b)) to carry out section 148 of that
title, only if, not later than October 1 of the second fiscal
year after the date of enactment of this Act, a State has
developed and implemented a State strategic highway safety
plan as required under section 148(c) of that title.
(2) Interim period.--
(A) In general.--Before October 1 of the second fiscal year
after the date of enactment of this Act and until the date on
which a State develops and implements a State strategic
highway safety plan, the Secretary shall apportion funds to a
State for the highway safety improvement program and the
State may obligate funds apportioned to the State for the
highway safety improvement program under section 148 for
projects that were eligible for funding under sections 130
and 152 of that title, as in effect on the day before the
date of enactment of this Act.
(B) No strategic highway safety plan.--If a State has not
developed a strategic highway safety plan by October 1 of the
second fiscal year after the date of enactment of this Act,
but certifies to the Secretary that progress is being made
toward developing and implementing such a plan, the Secretary
shall continue to apportion funds for 1 additional fiscal
year for the highway safety improvement program under section
148 of title 23, United States Code, to the State, and the
State may continue to obligate funds apportioned to the State
under this section for projects that were eligible for
funding under sections 130 and 152 of that title, as in
effect on the day before the date of enactment of this Act.
(C) Penalty.--If a State has not adopted a strategic
highway safety plan by the date that is 2 years after the
date of enactment of this Act, funds made available to the
State under section 1101(6) shall be redistributed to other
States in accordance with section 104(b)(3) of title 23,
United States Code.

SEC. 1402. OPERATION LIFESAVER.

Section 104(d)(1) of title 23, United States Code, is
amended--
(1) by striking ``subsection (b)(3)'' and inserting
``subsection (b)(5)''; and
(2) by striking ``$500,000'' and inserting ``$563,177''.

SEC. 1403. LICENSE SUSPENSION.

Section 164(a) of title 23, United States Code, is amended
by striking paragraph (3) and inserting the following:
``(3) License suspension.--The term `license suspension'
means--
``(A) the suspension of all driving privileges of an
individual for the duration of the suspension period; or
``(B) a combination of suspension of all driving privileges
of an individual for the first 90 days of the suspension
period, followed by reinstatement of limited driving
privileges requiring the individual to operate only motor
vehicles equipped with an ignition interlock system or other
device approved by the Secretary during the remainder of the
suspension period.''.

SEC. 1404. BUS AXLE WEIGHT EXEMPTION.

Section 1023 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat. 1951)
is amended by striking subsection (h) and inserting the
following:
``(h) Over-the-Road Bus and Public Transit Vehicle
Exemption.--
``(1) In general.--The second sentence of section 127 of
title 23, United States Code (relating to axle weight
limitations for vehicles using the Dwight D. Eisenhower
System of Interstate and Defense Highways), shall not apply
to--
``(A) any over-the-road bus (as defined in section 301 of
the Americans With Disabilities Act of 1990 (42 U.S.C.
12181)); or
``(B) any vehicle that is regularly and exclusively used as
an intrastate public agency transit passenger bus.
``(2) State action.--No State or political subdivision of a
State, or any political authority of 2 or more States, shall
impose any axle weight limitation on any vehicle described in
paragraph (1) in any case in which such a vehicle is using
the Dwight D. Eisenhower System of Interstate and Defense
Highways.''.

SEC. 1405. SAFE ROUTES TO SCHOOLS PROGRAM.

(a) In General.--Subchapter I of chapter I of title 23,
United States Code, is amended by inserting after section 149
the following:

``Sec. 150. Safe routes to schools program

``(a) Definitions.--In this section:
``(1) Primary and secondary school.--The term `primary and
secondary school' means a school that provides education to
children in any of grades kindergarten through 12.
``(2) Program.--The term `program' means the safe routes to
schools program established under subsection (b).
``(3) Vicinity of a school.--The term `vicinity of a
school' means the area within 2 miles of a primary or
secondary school.
``(b) Establishment.--The Secretary shall establish and
carry out a safe routes to school program for the benefit of
children in primary and secondary schools in accordance with
this section.
``(c) Purposes.--The purposes of the program shall be--
``(1) to enable and to encourage children to walk and
bicycle to school;
``(2) to encourage a healthy and active lifestyle by making
walking and bicycling to school safer and more appealing
transportation alternatives; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety in the vicinity of schools.
``(d) Eligible Recipients.--A State shall use amounts
apportioned under this section to provide financial
assistance to State, regional, and local agencies that
demonstrate an ability to meet the requirements of this
section.
``(e) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--Amounts apportioned to a State under
this section may be used for the planning, design, and
construction of infrastructure-related projects to encourage
walking and bicycling to school, including--
``(i) sidewalk improvements;
``(ii) traffic calming and speed reduction improvements;
``(iii) pedestrian and bicycle crossing improvements;
``(iv) on-street bicycle facilities;
``(v) off-street bicycle and pedestrian facilities;
``(vi) secure bicycle parking facilities;
``(vii) traffic signal improvements; and
``(viii) pedestrian-railroad grade crossing improvements.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on--
``(i) any public road in the vicinity of a school; or
``(ii) any bicycle or pedestrian pathway or trail in the
vicinity of a school.
``(2) Behavioral activities.--
``(A) In general.--In addition to projects described in
paragraph (1), amounts apportioned to a State under this
section may be used for behavioral activities to encourage
walking and bicycling to school, including--
``(i) public awareness campaigns and outreach to press and
community leaders;
``(ii) traffic education and enforcement in the vicinity of
schools; and
``(iii) student sessions on bicycle and pedestrian safety,
health, and environment.
``(B) Allocation.--Of the amounts apportioned to a State
under this section for a fiscal year, not less than 10
percent shall be used for behavioral activities under this
paragraph.
``(f) Funding.--
``(1) Set aside.--Before apportioning amounts to carry out
section 148 for a fiscal year, the Secretary shall set aside
and use $65,704,024 to carry out this section.
``(2) Apportionment.--Amounts made available to carry out
this section shall be apportioned to States in accordance
with section 104(b)(5).
``(3) Administration of amounts.--Amounts apportioned to a
State under this section shall be administered by the State
transportation department.
``(4) Federal share.--Except as provided in sections 120
and 130, the Federal share of the cost of a project or
activity funded under this section shall be 90 percent.
``(5) Period of availability.--Notwithstanding section
118(b)(2), amounts apportioned under this section shall
remain available until expended.''.
(b) Conforming Amendments.--The analysis for subchapter I
of chapter 1 of title 23, United States Code is amended by
inserting after the item relating to section 149 the
following:

``150. Safe routes to school program.''.

SEC. 1406. PURCHASES OF EQUIPMENT.

(a) In General.--Section 152 of title 23, United States
Code is amended to read as follows:

``Sec. 152. Purchases of equipment

``(a) In General.--Subject to subsection (b), a State
carrying out a project under this chapter shall purchase
device, tool or other equipment needed for the project only
after completing and providing a written analysis
demonstrating the cost savings associated with purchasing the
equipment compared with renting the equipment from a
qualified equipment rental provider before the project
commences
``(b) Applicability.--This section shall apply to--
``(1) earth moving, road machinery, and material handling
equipment, or any other item, with a purchase price in excess
of $75,000; and
``(2) aerial work platforms with a purchase price in excess
of $25,000.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 152 and inserting the
following:

``152. Purchases of equipment.''.

[[Page S4671]]

SEC. 1407. WORKZONE SAFETY.

Section 358(b) of the National Highway System Designation
Act of 1995 (109 Stat. 625) is amended by adding at the end
the following:
``(7) Recommending all federally-assisted projects in
excess of $15,000,000 to enter into contracts only with work
zone safety services contractors, traffic control
contractors, and trench safety and shoring contractors that
carry general liability insurance in an amount not less than
$15,000,000.
``(8) Recommending federally-assisted projects the costs of
which exceed $15,000,000 to include work zone intelligent
transportation systems that are--
``(A) provided by a qualified vendor; and
``(B) monitored continuously.
``(9) Recommending federally-assisted projects to fully
fund not less than 5 percent of project costs for work zone
safety and temporary traffic control measures, in addition to
the cost of the project, which measures shall be provided by
a qualified work zone safety or traffic control provider.
``(10) Ensuring that any recommendation made under any of
paragraphs (7) through (9) provides for an exemption for
applicability to a State, with respect to a project or class
of projects, to the extent that a State notifies the
Secretary in writing that safety is not expected to be
adversely affected by nonapplication of the requirement to
the project or class of projects.''.

SEC. 1408. WORKER INJURY PREVENTION AND FREE FLOW OF
VEHICULAR TRAFFIC.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall promulgate regulations--
(1) to decrease the probability of worker injury;
(2) to maintain the free flow of vehicular traffic by
requiring workers whose duties place the workers on, or in
close proximity to, a Federal-aid highway (as defined in
section 101 of title 23, United States Code) to wear high-
visibility clothing; and
(3) to require such other worker-safety measures for
workers described in paragraph (2) as the Secretary
determines appropriate.

SEC. 1409. OPEN CONTAINER REQUIREMENTS.

Section 154 of title 23, United States Code, is amended by
striking subsection (c) and inserting the following:
``(c) Transfer of Funds.--
``(1) In general.--The Secretary shall withhold the
applicable percentage for the fiscal year of the amount
required to be apportioned for Federal-aid highways to any
State under each of paragraphs (1), (3), and (4) of section
104(b), if a State has not enacted or is not enforcing a
provision described in subsection (b), as follows:

``For:                                    The applicable percentage is:
Fiscal year 2008.............................................2 percent.
Fiscal year 2009.............................................2 percent.
Fiscal year 2010.............................................2 percent.
Fiscal year 2011 and each subsequent fiscal year.............2 percent.

``(2) Restoration.--If (during the 4-year period beginning
on the date the apportionment for any State is reduced in
accordance with this subsection) the Secretary determines
that the State has enacted and is enforcing a provision
described in subsection (b), the apportionment of the State
shall be increased by an amount equal to the amount of the
reduction made during the 4-year period.''.

SEC. 1410. SAFE INTERSECTIONS.

(a) In General.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:

``Sec.  39. Traffic signal preemption transmitters

``(a) Offenses.--
``(1) Sale.--A person who knowingly sells a traffic signal
preemption transmitter in or affecting interstate or foreign
commerce to a person who is not acting on behalf of a public
agency or private corporation authorized by law to provide
fire protection, law enforcement, emergency medical services,
transit services, maintenance, or other services for a
Federal, State, or local government entity, shall,
notwithstanding section 3571(b), be fined not more than
$10,000, imprisoned not more than 1 year, or both.
``(2) Use.--A person who makes unauthorized use of a
traffic signal preemption transmitter in or affecting
interstate or foreign commerce shall be fined not more than
$10,000, imprisoned not more than 6 months, or both.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Traffic signal preemption transmitter.--The term
`traffic signal preemption transmitter' means any mechanism
that can change or alter a traffic signal's phase time or
sequence.
``(2) Unauthorized use.--
``(A) In general.--The term `unauthorized use' means use of
a traffic signal preemption transmitter by a person who is
not acting on behalf of a public agency or private
corporation authorized by law to provide fire protection, law
enforcement, emergency medical services, transit services,
maintenance, or other services for a Federal, State, or local
government entity.
``(B) Exception.--The term `unauthorized use' does not
apply to use of a traffic signal preemption transmitter for
classroom or instructional purposes.''.
(b) Chapter Analysis.--The chapter analysis for chapter 2
of title 18, United States Code, is amended by adding at the
end the following:

``39. Traffic signal preemption transmitters.''.

Subtitle E--Environmental Planning and Review

CHAPTER 1--TRANSPORTATION PLANNING

SEC. 1501. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO
STATE AND METROPOLITAN TRANSPORTATION PLANNING.

(a) Metropolitan Planning.--Section 134(f) of title 23,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (D)--
(i) by inserting after ``environment'' the following:
``(including the protection of habitat, water quality, and
agricultural and forest land, while minimizing invasive
species)''; and
(ii) by inserting before the semicolon the following:
``(including minimizing adverse health effects from mobile
source air pollution and promoting the linkage of the
transportation and development goals of the metropolitan
area)''; and
(B) in subparagraph (G), by inserting ``and efficient use''
after ``preservation'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Selection of factors.--After soliciting and
considering any relevant public comments, the metropolitan
planning organization shall determine which of the factors
described in paragraph (1) are most appropriate for the
metropolitan area to consider.''.
(b) Statewide Planning.--Section 135(c) of title 23, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (D)--
(i) by inserting after ``environment'' the following:
``(including the protection of habitat, water quality, and
agricultural and forest land, while minimizing invasive
species)''; and
(ii) by inserting before the semicolon the following:
``(including minimizing adverse health effects from mobile
source air pollution and promoting the linkage of the
transportation and development goals of the State)''; and
(B) in subparagraph (G), by inserting ``and efficient use''
after ``preservation'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Selection of projects and strategies.--After
soliciting and considering any relevant public comments, the
State shall determine which of the projects and strategies
described in paragraph (1) are most appropriate for the State
to consider.''.

SEC. 1502. CONSULTATION BETWEEN TRANSPORTATION AGENCIES AND
RESOURCE AGENCIES IN TRANSPORTATION PLANNING.

(a) In General.--Section 134(g) of title 23, United States
Code, is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) Mitigation activities.--
``(i) In general.--A long-range transportation plan shall
include a discussion of--

``(I) types of potential habitat, hydrological, and
environmental mitigation activities that may assist in
compensating for loss of habitat, wetland, and other
environmental functions; and
``(II) potential areas to carry out these activities,
including a discussion of areas that may have the greatest
potential to restore and maintain the habitat types and
hydrological or environmental functions affected by the plan.

``(ii) Consultation.--The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.'';
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with State and local agencies responsible for
land use management, natural resources, environmental
protection, conservation, and historic preservation
concerning the development of a long-range transportation
plan.
``(B) Issues.--The consultation shall involve--
``(i) comparison of transportation plans with State
conservation plans or with maps, if available;
``(ii) comparison of transportation plans to inventories of
natural or historic resources, if available; or
``(iii) consideration of areas where wildlife crossing
structures may be needed to ensure connectivity between
wildlife habitat linkage areas.''.
(b) Improved Consultation During State Transportation
Planning.--
(1) In general.--Section 135(e)(2) of title 23, United
States Code, is amended by adding at the end the following:
``(D) Consultation, comparison, and consideration.--
``(i) In general.--The long-range transportation plan shall
be developed, as appropriate, in consultation with State,
tribal, and local agencies responsible for--

[[Page S4672]]

``(I) land use management;
``(II) natural resources;
``(III) environmental protection;
``(IV) conservation; and
``(V) historic preservation.

``(ii) Comparison and consideration.--Consultation under
clause (i) shall involve--

``(I) comparison of transportation plans to State and
tribal conservation plans or maps, if available;
``(II) comparison of transportation plans to inventories of
natural or historic resources, if available; or
``(III) consideration of areas where wildlife crossing
structures may be needed to ensure connectivity between
wildlife habitat linkage areas.''.

(2) Additional requirements.--Section 135(e) of title 23,
United States Code, is amended--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(6) and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Mitigation activities.--
``(A) In general.--A long-range transportation plan shall
include a discussion of--
``(i) types of potential habitat, hydrological, and
environmental mitigation activities that may assist in
compensating for loss of habitat, wetlands, and other
environmental functions; and
``(ii) potential areas to carry out these activities,
including a discussion of areas that may have the greatest
potential to restore and maintain the habitat types and
hydrological or environmental functions affected by the plan.
``(B) Consultation.--The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.
``(5) Transportation strategies.--A long-range
transportation plan shall identify transportation strategies
necessary to efficiently serve the mobility needs of
people.''.

SEC. 1503. INTEGRATION OF NATURAL RESOURCE CONCERNS INTO
TRANSPORTATION PROJECT PLANNING.

Section 109(c)(2) of title 23, United States Code, is
amended--
(1) by striking ``consider the results'' and inserting
``consider--
``(A) the results'';
(2) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(B) the publication entitled `Flexibility in Highway
Design' of the Federal Highway Administration;
``(C) `Eight Characteristics of Process to Yield Excellence
and the Seven Qualities of Excellence in Transportation
Design' developed by the conference held during 1998 entitled
`Thinking Beyond the Pavement National Workshop on
Integrating Highway Development with Communities and the
Environment while Maintaining Safety and Performance'; and
``(D) any other material that the Secretary determines to
be appropriate.''.

SEC. 1504. PUBLIC INVOLVEMENT IN TRANSPORTATION PLANNING AND
PROJECTS.

(a) Metropolitan Planning.--
(1) Participation by interested parties.--Section 134(g)(5)
of title 23, United States Code (as redesignated by section
1502(a)(1)), is amended--
(A) by striking ``Before approving'' and inserting the
following:
``(A) In general.--Before approving''; and
(B) by adding at the end the following:
``(B) Methods.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable--
``(i) hold any public meetings at convenient and accessible
locations and times;
``(ii) employ visualization techniques to describe plans;
and
``(iii) make public information available in electronically
accessible format and means, such as the World Wide Web.''.
(2) Publication of long-range transportation plans.--
Section 134(g)(6)(i) of title 23, United States Code (as
redesignated by section 1502(a)(1)), is amended by inserting
before the semicolon the following: ``, including (to the
maximum extent practicable) in electronically accessible
formats and means such as the World Wide Web''.
(b) Statewide Planning.--
(1) Participation by interested parties.--Section 135(e)(3)
of title 23, United States Code, is amended by striking
subparagraph (B) and inserting the following:
``(B) Methods.--In carrying out subparagraph (A), the State
shall, to the maximum extent practicable--
``(i) hold any public meetings at convenient and accessible
locations and times;
``(ii) employ visualization techniques to describe plans;
and
``(iii) make public information available in electronically
accessible format and means, such as the World Wide Web.''.
(2) Publication of long-range transportation plans.--
Section 135(e) of title 23, United States Code (as amended by
section 1502(b)(2)), is amended by adding at the end the
following:
``(8) Publication of long-range transportation plans.--Each
long-range transportation plan prepared by a State shall be
published or otherwise made available, including (to the
maximum extent practicable) in electronically accessible
formats and means, such as the World Wide Web.''.

SEC. 1505. PROJECT MITIGATION.

(a) Mitigation for National Highway System Projects.--
Section 103(b)(6)(M) of title 23, United States Code, is
amended--
(1) by inserting ``(i)'' after ``(M); and
(2) by adding at the end the following:
``(ii) State habitat, streams, and wetlands mitigation
efforts under section 155.''.
(b) Mitigation for Surface Transportation Program
Projects.--Section 133(b)(11) of title 23, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(11)''; and
(2) by adding at the end the following:
``(B) State habitat, streams, and wetlands mitigation
efforts under section 155.''.
(c) State Habitat, Streams, and Wetlands Mitigation
Funds.--Section 155 of title 23, United States Code, is
amended to read as follows:

``Sec. 155. State habitat, streams, and wetlands mitigation
funds

``(a) Establishment.--A State should establish a habitat,
streams, and wetlands mitigation fund (referred to in this
section as a `State fund').
``(b) Purpose.--The purpose of a State fund is to encourage
efforts for habitat, streams, and wetlands mitigation in
advance of or in conjunction with highway or transit projects
to--
``(1) ensure that the best habitat, streams, and wetland
mitigation sites now available are used; and
``(2) accelerate transportation project delivery by making
high-quality habitat, streams, and wetland mitigation credits
available when needed.
``(c) Funds.--A State may deposit into a State fund part of
the funds apportioned to the State under--
``(1) section 104(b)(1) for the National Highway System;
and
``(2) section 104(b)(3) for the surface transportation
program.
``(d) Use.--
``(1) In general.--Amounts deposited in a State fund shall
be used (in a manner consistent with this section) for
habitat, streams, or wetlands mitigation related to 1 or more
projects funded under this title, including a project under
the transportation improvement program of the State developed
under section 135(f).
``(2) Endangered species.--In carrying out this section, a
State and cooperating agency shall give consideration to
mitigation projects, on-site or off-site, that restore and
preserve the best available sites to conserve biodiversity
and habitat for--
``(A) Federal or State listed threatened or endangered
species of plants and animals; and
``(B) plant or animal species warranting listing as
threatened or endangered, as determined by the Secretary of
the Interior in accordance with section 4(b)(3)(B) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)).
``(3) Mitigation in closed basins.--
``(A) In general.--A State may use amounts deposited in the
State fund for projects to protect existing roadways from
anticipated flooding of a closed basin lake, including--
``(i) construction--

``(I) necessary for the continuation of roadway services
and the impoundment of water, as the State determines to be
appropriate; or
``(II) for a grade raise to permanently restore a roadway
the use of which is lost or reduced, or could be lost or
reduced, as a result of an actual or predicted water level
that is within 3 feet of causing inundation of the roadway in
a closed lake basin;

``(ii) monitoring, studies, evaluations, design, or
preliminary engineering relating to construction; and
``(iii) monitoring and evaluations relating to proposed
construction.
``(B) Reimbursement.--The Secretary may permit a State that
expends funds under subparagraph (A) to be reimbursed for the
expenditures through the use of amounts made available under
section 125(c)(1).
``(e) Consistency With Applicable Requirements.--
Contributions from the State fund to mitigation efforts may
occur in advance of project construction only if the efforts
are consistent with all applicable requirements of Federal
law (including regulations).''.
(d) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 155 and inserting the
following:

``155. State habitat, streams, and wetlands mitigation funds.''.

CHAPTER 2--TRANSPORTATION PROJECT DEVELOPMENT PROCESS

SEC. 1511. TRANSPORTATION PROJECT DEVELOPMENT PROCESS.

(a) In General.--Chapter 3 of title 23, United States Code
(as amended by section 1203(a)), is amended by inserting
after section 325 the following:

``Sec. 326. Transportation project development process

``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means any agency,
department, or other unit of Federal, State, local, or
federally recognized tribal government.
``(2) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
of the environmental impacts of a project required to be
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(3) Environmental review process.--
``(A) In general.--The term `environmental review process'
means the process for preparing, for a project--

[[Page S4673]]

``(i) an environmental impact statement; or
``(ii) any other document or analysis required to be
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)
``(B) Inclusions.--The term `environmental review process'
includes the process for and completion of any environmental
permit, approval, review, or study required for a project
under any Federal law other than the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(4) Project.--The term `project' means any highway or
transit project that requires the approval of the Secretary.
``(5) Project sponsor.--The term `project sponsor' means an
agency or other entity (including any private or public-
private entity), that seeks approval of the Secretary for a
project.
``(6) State transportation department.--The term `State
transportation department' means any statewide agency of a
State with responsibility for transportation.
``(b) Process.--
``(1) Lead agency.--
``(A) In general.--The Department of Transportation shall
be the lead Federal agency in the environmental review
process for a project.
``(B) Joint lead agencies.--Nothing in this section
precludes another agency from being a joint lead agency in
accordance with regulations under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) Concurrence of project sponsor.--The lead agency may
carry out the environmental review process in accordance with
this section only with the concurrence of the project
sponsor.
``(2) Request for process.--
``(A) In general.--A project sponsor may request that the
lead agency carry out the environmental review process for a
project or group of projects in accordance with this section.
``(B) Grant of request; public notice.--The lead agency
shall--
``(i) grant a request under subparagraph (A); and
``(ii) provide public notice of the request.
``(3) Effective date.--The environmental review process
described in this section may be applied to a project only
after the date on which public notice is provided under
subparagraph (B)(ii).
``(c) Roles and Responsibility of Lead Agency.--With
respect to the environmental review process for any project,
the lead agency shall have authority and responsibility to--
``(A) identify and invite cooperating agencies in
accordance with subsection (d);
``(B) develop an agency coordination plan with review,
schedule, and timelines in accordance with subsection (e);
``(C) determine the purpose and need for the project in
accordance with subsection (f);
``(D) determine the range of alternatives to be considered
in accordance with subsection (g);
``(E) convene dispute-avoidance and decision resolution
meetings and related efforts in accordance with subsection
(h);
``(F) take such other actions as are necessary and proper,
within the authority of the lead agency, to facilitate the
expeditious resolution of the environmental review process
for the project; and
``(G) prepare or ensure that any required environmental
impact statement or other document required to be completed
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is completed in accordance with this
section and applicable Federal law.
``(d) Roles and Responsibilities of Cooperating Agencies.--
``(1) In general.--With respect to a project, each Federal
agency shall carry out any obligations of the Federal agency
in the environmental review process in accordance with this
section and applicable Federal law.
``(2) Invitation.--
``(A) In general.--The lead agency shall--
``(i) identify, as early as practicable in the
environmental review process for a project, any other
agencies that may have an interest in the project,
including--

``(I) agencies with jurisdiction over environmentally-
related matters that may affect the project or may be
required by law to conduct an environmental-related
independent review or analysis of the project or determine
whether to issue an environmental-related permit, license, or
approval for the project; and
``(II) agencies with special expertise relevant to the
project;

``(ii) invite the agencies identified in clause (i) to
become cooperating agencies in the environmental review
process for that project; and
``(iii) grant requests to become cooperating agencies from
agencies not originally invited.
``(B) Responses.--The deadline for receipt of a response
from an agency that receives an invitation under subparagraph
(A)(ii)--
``(i) shall be 30 days after the date of receipt by the
agency of the invitation; but
``(ii) may be extended by the lead agency for good cause.
``(3) Declining of invitations.--A Federal agency that is
invited by the lead agency to participate in the
environmental review process for a project shall be
designated as a cooperating 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 relevant to the
project; and
``(C) does not intend to submit comments on the project.
``(4) Effect of designation.--Designation as a cooperating
agency under this subsection shall not imply that the
cooperating agency--
``(A) supports a proposed project; or
``(B) has any jurisdiction over, or special expertise with
respect to evaluation of, the project.
``(5) Designations for categories of projects.--
``(A) In general.--The Secretary may invite other agencies
to become cooperating agencies for a category of projects.
``(B) Designation.--An agency may be designated as a
cooperating agency for a category of projects only with the
consent of the agency.
``(6) Concurrent reviews.--Each Federal agency shall, to
the maximum extent practicable--
``(A) carry out obligations of the Federal agency under
other applicable law concurrently, and in conjunction, with
the review required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would
impair the ability of the Federal agency to carry out those
obligations; and
``(B) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.
``(e) Development of Flexible Process and Timeline.--
``(1) Coordination plan.--
``(A) In general.--The lead agency shall establish a
coordination plan, which may be incorporated into a
memorandum of understanding, to coordinate agency and public
participation in and comment on the environmental review
process for a project or category of projects.
``(B) Workplan.--
``(i) In general.--The lead agency shall develop, as part
of the coordination plan, a workplan for completing the
collection, analysis, and evaluation of baseline data and
future impacts modeling necessary to complete the
environmental review process, including any data, analyses,
and modeling necessary for related permits, approvals,
reviews, or studies required for the project under other
laws.
``(ii) Consultation.--In developing the workplan under
clause (i), the lead agency shall consult with--

``(I) each cooperating agency for the project;
``(II) the State in which the project is located; and
``(III) if the State is not the project sponsor, the
project sponsor.

``(C) Schedule.--
``(i) In general.--The lead agency shall establish as part
of the coordination plan, after consultation with each
cooperating agency for the project and with the State in
which the project is located (and, if the State is not the
project sponsor, with the project sponsor), a schedule for
completion of the environmental review process for the
project.
``(ii) Factors for consideration.--In establishing the
schedule, the lead agency shall consider factors such as--

``(I) the responsibilities of cooperating agencies under
applicable laws;
``(II) resources available to the cooperating agencies;
``(III) overall size and complexity of a project;
``(IV) the overall schedule for and cost of a project; and
``(V) the sensitivity of the natural and historic resources
that could be affected by the project.

``(D) Consistency with other time periods.--A schedule
under subparagraph (C) shall be consistent with any other
relevant time periods established under Federal law.
``(E) Modification.--The lead agency may--
``(i) lengthen a schedule established under subparagraph
(C) for good cause; and
``(ii) shorten a schedule only with the concurrence of the
affected cooperating agencies.
``(F) Dissemination.--A copy of a schedule under
subparagraph (C), and of any modifications to the schedule,
shall be--
``(i) provided to all cooperating agencies and to the State
transportation department of the State in which the project
is located (and, if the State is not the project sponsor, to
the project sponsor); and
``(ii) made available to the public.
``(2) Comments and timelines.--
``(A) In general.--A schedule established under paragraph
(1)(C) shall include--
``(i) opportunities for comment, deadline for receipt of
any comments submitted, deadline for lead agency response to
comments; and
``(ii) except as otherwise provided under paragraph (1)--

``(I) an opportunity to comment by agencies and the public
on a draft or final environmental impact statement for a
period of not more than 60 days longer than the minimum
period required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and

[[Page S4674]]

``(II) for all other comment periods established by the
lead agency for agency or public comments in the
environmental review process, a period of not more than the
longer of--

``(aa) 30 days after the final day of the minimum period
required under Federal law (including regulations), if
available; or
``(bb) if a minimum period is not required under Federal
law (including regulations), 30 days.
``(B) Extension of comment periods.--The lead agency may
extend a period of comment established under this paragraph
for good cause.
``(C) Late comments.--A comment concerning a project
submitted under this paragraph after the date of termination
of the applicable comment period or extension of a comment
period shall not be eligible for consideration by the lead
agency unless the lead agency or project sponsor determines
there was good cause for the delay or the lead agency is
required to consider significant new circumstances or
information in accordance with sections 1501.7 and 1502.9 of
title 40, Code of Federal Regulations.
``(D) Deadlines for decisions under other laws.--In any
case in which a decision under any Federal law relating to a
project (including the issuance or denial of a permit or
license) is required to be made by the later of the date that
is 180 days after the date on which the Secretary made all
final decisions of the lead agency with respect to the
project, or 180 days after the date on which an application
was submitted for the permit or license, the Secretary shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives--
``(i) as soon as practicable after the 180-day period, an
initial notice of the failure of the Federal agency to make
the decision; and
``(ii) every 60 days thereafter until such date as all
decisions of the Federal agency relating to the project have
been made by the Federal agency, an additional notice that
describes the number of decisions of the Federal agency that
remain outstanding as of the date of the additional notice.
``(3) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for public
comment in the environmental review process under existing
Federal law (including a regulation).
``(f) Development of Project Purpose and Need Statement.--
``(1) In general.--With respect to the environmental review
process for a project, the purpose and need for the project
shall be defined in accordance with this subsection.
``(2) Authority.--The lead agency shall define the purpose
and need for a project, including the transportation
objectives and any other objectives intended to be achieved
by the project.
``(3) Involvement of cooperating agencies and the public.--
Before determining the purpose and need for a project, the
lead agency shall solicit for 30 days, and consider, any
relevant comments on the draft statement of purpose and need
for a proposed project received from the public and
cooperating agencies.
``(4) Effect on other reviews.--For the purpose of
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and any other law requiring an
agency that is not the lead agency to determine or consider a
project purpose or project need, such an agency acting,
permitting, or approving under, or otherwise applying,
Federal law with respect to a project shall adopt the
determination of purpose and need for the project made by the
lead agency.
``(5) Savings.--Nothing in this subsection preempts or
interferes with any power, jurisdiction, responsibility, or
authority of an agency under applicable law (including
regulations) with respect to a project.
``(6) Contents.--
``(A) In general.--The statement of purpose and need shall
include a clear statement of the objectives that the proposed
project is intended to achieve.
``(B) Effect on existing standards.--Nothing in this
subsection shall alter existing standards for defining the
purpose and need of a project.
``(7) Factors to consider.--The lead agency may determine
that any of the following factors and documents are
appropriate for consideration in determining the purpose of
and need for a project:
``(A) Transportation plans and related planning documents
developed through the statewide and metropolitan
transportation planning process under sections 134 and 135.
``(B) Land use plans adopted by units of State, local, or
tribal government (or, in the case of Federal land, by the
applicable Federal land management agencies).
``(C) Economic development plans adopted by--
``(i) units of State, local, or tribal government; or
``(ii) established economic development planning
organizations or authorities.
``(D) Environmental protection plans, including plans for
the protection or treatment of--
``(i) air quality;
``(ii) water quality and runoff;
``(iii) habitat needs of plants and animals;
``(iv) threatened and endangered species;
``(v) invasive species;
``(vi) historic properties; and
``(vii) other environmental resources.
``(E) Any publicly available plans or policies relating to
the national defense, national security, or foreign policy of
the United States.
``(g) Development of Project Alternatives.--
``(1) In general.--With respect to the environmental review
process for a project, the alternatives shall be determined
in accordance with this subsection.
``(2) Authority.--The lead agency shall determine the
alternatives to be considered for a project.
``(3) Involvement of cooperating agencies and the public.--
``(A) In general.--Before determining the alternatives for
a project, the lead agency shall solicit for 30 days and
consider any relevant comments on the proposed alternatives
received from the public and cooperating agencies.
``(B) Alternatives.--The lead agency shall consider--
``(i) alternatives that meet the purpose and need of the
project; and
``(ii) the alternative of no action.
``(C) Effect on existing standards.--Nothing in this
subsection shall alter the existing standards for determining
the range of alternatives.
``(4) Effect on other reviews.--Any other agency acting
under or applying Federal law with respect to a project shall
consider only the alternatives determined by the lead agency.
``(5) Savings.--Nothing in this subsection preempts or
interferes with any power, jurisdiction, responsibility, or
authority of an agency under applicable law (including
regulations) with respect to a project.
``(6) Factors to consider.--The lead agency may determine
that any of the following factors and documents are
appropriate for consideration in determining the alternatives
for a project:
``(A) The overall size and complexity of the proposed
action.
``(B) The sensitivity of the potentially affected
resources.
``(C) The overall schedule and cost of the project.
``(D) Transportation plans and related planning documents
developed through the statewide and metropolitan
transportation planning process under sections 134 and 135 of
title 23 of the United States Code.
``(E) Land use plans adopted by units of State, local, or
tribal government (or, in the case of Federal land, by the
applicable Federal land management agencies).
``(F) Economic development plans adopted by--
``(i) units of State, local, or tribal government; or
``(ii) established economic development planning
organizations or authorities.
``(G) environmental protection plans, including plans for
the protection or treatment of--
``(i) air quality;
``(ii) water quality and runoff;
``(iii) habitat needs of plants and animals;
``(iv) threatened and endangered species;
``(v) invasive species;
``(vi) historic properties; and
``(vii) other environmental resources.
``(H) Any publicly available plans or policies relating to
the national defense, national security, or foreign policy of
the United States.
``(h) Prompt Issue Identification and Resolution Process.--
``(1) In general.--The lead agency, the project sponsor,
and the cooperating agencies shall work cooperatively, in
accordance with this section, to identify and resolve issues
that could--
``(A) delay completion of the environmental review process;
or
``(B) result in denial of any approvals required for the
project under applicable laws.
``(2) Lead agency responsibilities.--
``(A) In general.--The lead agency, with the assistance of
the project sponsor, shall make information available to the
cooperating agencies, as early as practicable in the
environmental review process, regarding--
``(i) the environmental and socioeconomic resources located
within the project area; and
``(ii) the general locations of the alternatives under
consideration.
``(B) Basis for information.--Information about resources
in the project area may be based on existing data sources,
including geographic information systems mapping.
``(3) Cooperating agency responsibilities.--
``(A) In general.--Based on information received from the
lead agency, cooperating agencies shall promptly identify to
the lead agency any major issues of concern regarding the
potential environmental or socioeconomic impacts of a
project.
``(B) Major issues of concern.--A major issue of concern
referred to in subparagraph (A) may include any issue that
could substantially delay or prevent an agency from granting
a permit or other approval that is needed for a project, as
determined by a cooperating agency.
``(4) Issue resolution.--On identification of a major issue
of concern under paragraph (3), or at any time upon the
request of a project sponsor or the Governor of a State, the
lead agency shall promptly convene a meeting with
representatives of each of the relevant cooperating agencies,
the project sponsor, and the Governor to address and resolve
the issue.
``(5) Notification.--If a resolution of a major issue of
concern under paragraph (4) cannot be achieved by the date
that is 30

[[Page S4675]]

days after the date on which a meeting under that paragraph
is convened, the lead agency shall provide notification of
the failure to resolve the major issue of concern to--
``(A) the heads of all cooperating agencies;
``(B) the project sponsor;
``(C) the Governor involved;
``(D) the Committee on Environment and Public Works of the
Senate;
``(E) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(F) the Council on Environmental Quality.
``(i) Performance Measurement.--
``(1) Progress reports.--The Secretary shall establish a
program to measure and report on progress toward improving
and expediting the planning and environmental review process.
``(2) Minimum requirements.--The program shall include, at
a minimum--
``(A) the establishment of criteria for measuring
consideration of--
``(i) State and metropolitan planning, project planning,
and design criteria; and
``(ii) environmental processing times and costs;
``(B) the collection of data to assess performance based on
the established criteria; and
``(C) the annual reporting of the results of the
performance measurement studies.
``(3) Involvement of the public and cooperating agencies.--
``(A) In general.--The Secretary shall biennially conduct a
survey of agencies participating in the environmental review
process under this section to assess the expectations and
experiences of each surveyed agency with regard to the
planning and environmental review process for projects
reviewed under this section.
``(B) Public participation.--In conducting the survey, the
Secretary shall solicit comments from the public.
``(j) Assistance to Affected Federal and State Agencies.--
``(1) In general.--The Secretary may approve a request by a
State or recipient to provide funds made available under this
title for a highway project, or made available under chapter
53 of title 49 for a mass transit project, to agencies
participating in the coordinated environmental review process
established under this section in order to provide the
resources necessary to meet any time limits established under
this section.
``(2) Amounts.--Such requests under paragraph (1) shall be
approved only--
``(A) for such additional amounts as the Secretary
determines are necessary for the affected Federal and State
agencies to meet the time limits for environmental review;
and
``(B) if those time limits are less than the customary time
necessary for that review.
``(k) Judicial Review and Savings Clause.--
``(1) Judicial review.--Nothing in this section shall
affect the reviewability of any final Federal agency action
in any United States district court or State court.
``(2) Savings clause.--Nothing in this section shall
affect--
``(A) the applicability of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other
Federal environmental statute; or
``(B) the responsibility of any Federal officer to comply
with or enforce such a statute.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 3 of title 23, United States
Code, is amended by inserting after the item relating to
section 325 (as added by section 1203(f)) the following:

``326. Transportation project development process.''.

(2) Section 1309 of the Transportation Equity Act for the
21st Century (112 Stat. 232) is repealed.
(c) Existing Environmental Review Process.--Nothing in this
section affects any existing State environmental review
process, program, agreement, or funding arrangement approved
by the Secretary under section 1309 of the Transportation
Equity Act for the 21st Century (112 Stat. 232; 23 U.S.C. 109
note).

SEC. 1512. ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.

(a) In General.--Chapter 3 of title 23, United States Code
(as amended by section 1511(a)), is amended by inserting
after section 326 the following:

``Sec. 327. Assumption of responsibility for categorical
exclusions

``(a) Categorical Exclusion Determinations.--
``(1) In general.--The Secretary may assign, and a State
may assume, responsibility for determining whether certain
designated activities are included within classes of action
identified in regulation by the Secretary that are
categorically excluded from requirements for environmental
assessments or environmental impact statements pursuant to
regulations promulgated by the Council on Environmental
Quality under part 1500 of title 40, Code of Federal
Regulations (as in effect on October 1, 2003).
``(2) Scope of authority.--A determination described in
paragraph (1) shall be made by a State in accordance with
criteria established by the Secretary and only for types of
activities specifically designated by the Secretary.
``(3) Criteria.--The criteria under paragraph (2) shall
include provisions for public availability of information
consistent with section 552 of title 5 and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(b) Other Applicable Federal Laws.--
``(1) In general.--If a State assumes responsibility under
subsection (a), the Secretary may also assign and the State
may assume all or part of the responsibilities of the
Secretary for environmental review, consultation, or other
related actions required under any Federal law applicable to
activities that are classified by the Secretary as
categorical exclusions, with the exception of government-to-
government consultation with Indian tribes, subject to the
same procedural and substantive requirements as would be
required if that responsibility were carried out by the
Secretary.
``(2) Sole responsibility.--A State that assumes
responsibility under paragraph (1) with respect to a Federal
law shall be solely responsible and solely liable for
complying with and carrying out that law, and the Secretary
shall have no such responsibility or liability.
``(c) Memoranda of Understanding.--
``(1) In general.--The Secretary and the State, after
providing public notice and opportunity for comment, shall
enter into a memorandum of understanding setting forth the
responsibilities to be assigned under this section and the
terms and conditions under which the assignments are made,
including establishment of the circumstances under which the
Secretary would reassume responsibility for categorical
exclusion determinations.
``(2) Term.--A memorandum of understanding--
``(A) shall have term of not more than 3 years; and
``(B) shall be renewable.
``(3) Acceptance of jurisdiction.--In a memorandum of
understanding, the State shall consent to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.
``(4) Monitoring.--The Secretary shall--
``(A) monitor compliance by the State with the memorandum
of understanding and the provision by the State of financial
resources to carry out the memorandum of understanding; and
``(B) take into account the performance by the State when
considering renewal of the memorandum of understanding.
``(d) Termination.--The Secretary may terminate any
assumption of responsibility under a memorandum of
understanding on a determination that the State is not
adequately carrying out the responsibilities assigned to the
State.
``(e) State Agency Deemed To Be Federal Agency.--A State
agency that is assigned a responsibility under a memorandum
of understanding shall be deemed to be a Federal agency for
the purposes of the Federal law under which the
responsibility is exercised.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code (as amended by section 1511(b)),
is amended by inserting after the item relating to section
326 the following:

``327. Assumption of responsibility for categorical exclusions.''.

SEC. 1513. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT
PROGRAM.

(a) In General.--Chapter 3 of title 23, United States Code
(as amended by section 1512(a)), is amended by inserting
after section 327 the following:

``Sec. 328. Surface transportation project delivery pilot
program

``(a) Establishment.--
``(1) In general.--The Secretary shall carry out a surface
transportation project delivery pilot program (referred to in
this section as the `program').
``(2) Assumption of responsibility.--
``(A) In general.--Subject to the other provisions of this
section, with the written agreement of the Secretary and a
State, which may be in the form of a memorandum of
understanding, the Secretary may assign, and the State may
assume, the responsibilities of the Secretary with respect to
1 or more highway projects within the State under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(B) Additional responsibility.--If a State assumes
responsibility under subparagraph (A)--
``(i) the Secretary may assign to the State, and the State
may assume, all or part of the responsibilities of the
Secretary for environmental review, consultation, or other
action required under any Federal environmental law
pertaining to the review or approval of a specific project;
but
``(ii) the Secretary may not assign--

``(I) responsibility for any conformity determination
required under section 176 of the Clean Air Act (42 U.S.C.
7506); or
``(II) any responsibility imposed on the Secretary by
section 134 or 135.

``(C) Procedural and substantive requirements.--A State
shall assume responsibility under this section subject to the
same procedural and substantive requirements as would apply
if that responsibility were carried out by the Secretary.
``(D) Federal responsibility.--Any responsibility of the
Secretary not explicitly assumed by the State by written
agreement under this section shall remain the responsibility
of the Secretary.
``(E) No effect on authority.--Nothing in this section
preempts or interferes with any

[[Page S4676]]

power, jurisdiction, responsibility, or authority of an
agency, other than the Department of Transportation, under
applicable law (including regulations) with respect to a
project.
``(b) State Participation.--
``(1) Number of participating states.--The Secretary may
permit not more than 5 States (including the State of
Oklahoma) to participate in the program.
``(2) Application.--Not later than 270 days after the date
of enactment of this section, the Secretary shall promulgate
regulations that establish requirements relating to
information required to be contained in any application of a
State to participate in the program, including, at a
minimum--
``(A) the projects or classes of projects for which the
State anticipates exercising the authority that may be
granted under the program;
``(B) verification of the financial resources necessary to
carry out the authority that may be granted under the
program; and
``(C) evidence of the notice and solicitation of public
comment by the State relating to participation of the State
in the program, including copies of comments received from
that solicitation.
``(3) Public notice.--
``(A) In general.--Each State that submits an application
under this subsection shall give notice of the intent of the
State to participate in the program not later than 30 days
before the date of submission of the application.
``(B) Method of notice and solicitation.--The State shall
provide notice and solicit public comment under this
paragraph by publishing the complete application of the State
in accordance with the appropriate public notice law of the
State.
``(4) Selection criteria.--The Secretary may approve the
application of a State under this section only if--
``(A) the regulatory requirements under paragraph (2) have
been met;
``(B) the Secretary determines that the State has the
capability, including financial and personnel, to assume the
responsibility; and
``(C) the head of the State agency having primary
jurisdiction over highway matters enters into a written
agreement with the Secretary described in subsection (c).
``(5) Other federal agency views.--If a State applies to
assume a responsibility of the Secretary that would have
required the Secretary to consult with another Federal
agency, the Secretary shall solicit the views of the Federal
agency before approving the application.
``(c) Written Agreement.--A written agreement under this
section shall--
``(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for highway construction;
``(2) be in such form as the Secretary may prescribe;
``(3) provide that the State--
``(A) agrees to assume all or part of the responsibilities
of the Secretary described in subsection (a);
``(B) expressly consents, on behalf of the State, to accept
the jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary assumed by the State;
``(C) certifies that State laws (including regulations) are
in effect that--
``(i) authorize the State to take the actions necessary to
carry out the responsibilities being assumed; and
``(ii) are comparable to section 552 of title 5, including
providing that any decision regarding the public availability
of a document under those State laws is reviewable by a court
of competent jurisdiction; and
``(D) agrees to maintain the financial resources necessary
to carry out the responsibilities being assumed.
``(d) Jurisdiction.--
``(1) In general.--The United States district courts shall
have exclusive jurisdiction over any civil action against a
State for failure to carry out any responsibility of the
State under this section.
``(2) Legal standards and requirements.--A civil action
under paragraph (1) shall be governed by the legal standards
and requirements that would apply in such a civil action
against the Secretary had the Secretary taken the actions in
question.
``(3) Intervention.--The Secretary shall have the right to
intervene in any action described in paragraph (1).
``(e) Effect of Assumption of Responsibility.--A State that
assumes responsibility under subsection (a)(2) shall be
solely responsible and solely liable for carrying out, in
lieu of the Secretary, the responsibilities assumed under
subsection (a)(2), until the program is terminated as
provided in subsection (i).
``(f) Limitations on Agreements.--Nothing in this section
permits a State to assume any rulemaking authority of the
Secretary under any Federal law.
``(g) Audits.--
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c)(1) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (a)(2)), for each
State participating in the program under this section, the
Secretary shall conduct--
``(A) semiannual audits during each of the first 2 years of
State participation; and
``(B) annual audits during each subsequent year of State
participation.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under paragraph (1)
shall be provided to the public for comment.
``(B) Response.--Not later than 60 days after the date on
which the period for public comment ends, the Secretary shall
respond to public comments received under subparagraph (A).
``(h) Report to Congress.--The Secretary shall submit to
Congress an annual report that describes the administration
of the program.
``(i) Termination.--
``(1) In general.--Except as provided in paragraph (2), the
program shall terminate on the date that is 6 years after the
date of enactment of this section.
``(2) Termination by secretary.--The Secretary may
terminate the participation of any State in the program if--
``(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(B) the Secretary provides to the State--
``(i) notification of the determination of noncompliance;
and
``(ii) a period of at least 30 days during which to take
such corrective action as the Secretary determines is
necessary to comply with the applicable agreement; and
``(C) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by Secretary.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code (as amended by section 1512(b)),
is amended by inserting after the item relating to section
327 the following:

``328. Surface transportation project delivery pilot program.''.

SEC. 1514. PARKS, RECREATION AREAS, WILDLIFE AND WATERFOWL
REFUGES, AND HISTORIC SITES.

(a) Programs and Projects With de Minimis Impacts.--
(1) Title 23.--Section 138 of title 23, United States Code,
is amended--
(A) in the first sentence, by striking ``It is hereby'' and
inserting the following:
``(a) Declaration of Policy.--It is''; and
(B) by adding at the end the following:
``(b) De Minimis Impacts.--
``(1) Requirements.--
``(A) In general.--The requirements of this section shall
be considered to be satisfied with respect to an area
described in paragraph (2) or (3) if the Secretary
determines, in accordance with this subsection, that a
transportation program or project will have a de minimis
impact on the area.
``(B) Criteria.--In making any determination under this
subsection, the Secretary shall consider to be part of a
transportation program or project any avoidance,
minimization, mitigation, or enhancement measures that are
required to be implemented as a condition of approval of the
transportation program or project.
``(2) Historic sites.--With respect to historic sites, the
Secretary may make a finding of de minimis impact only if--
``(A) the Secretary has determined, in accordance with the
consultation process required under section 106 of the
National Historic Preservation Act (16 U.S.C. 470f), that--
``(i) the transportation program or project will have no
adverse effect on the historic site; or
``(ii) there will be no historic properties affected by the
transportation program or project;
``(B) the finding of the Secretary has received written
concurrence from the applicable State historic preservation
officer or tribal historic preservation officer (and from the
Advisory Council on Historic Preservation, if participating
in the consultation); and
``(C) the finding of the Secretary has been developed in
consultation with parties consulting as part of the process
referred to in subparagraph (A).
``(3) Parks, recreation areas, and wildlife and waterfowl
refuges.--With respect to parks, recreation areas, and
wildlife or waterfowl refuges, the Secretary may make a
finding of de minimis impact only if--
``(A) the Secretary has determined, in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) (including public notice and opportunity for public
review and comment), that the transportation program or
project will not adversely affect the activities, features,
and attributes of the park, recreation area, or wildlife or
waterfowl refuge eligible for protection under this section;
and
``(B) the finding of the Secretary has received concurrence
from the officials with jurisdiction over the park,
recreation area, or wildlife or waterfowl refuge.''.
(b) Clarification of Existing Standards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall (in consultation
with affected agencies and interested parties) promulgate
regulations that clarify the factors to be considered and the
standards to be applied in determining the prudence and
feasibility of alternatives under section 138 of title 23 and
section 303 of title 49, United States Code.
(2) Requirements.--The regulations--
(A) shall clarify the application of the legal standards to
a variety of different types of transportation programs and
projects depending on the circumstances of each case; and

[[Page S4677]]

(B) may include, as appropriate, examples to facilitate
clear and consistent interpretation by agency decisionmakers.
(c) Implementation Study.--
(1) In general.--The Secretary shall--
(A) conduct a study on the implementation of this section
and the amendments made by this section; and
(B) commission an independent review of the study plan and
methodology, and any associated conclusions, by the
Transportation Research Board of the National Academy of
Sciences.
(2) Components.--In conducting the study, the Secretary
shall evaluate--
(A) the processes developed under this section and the
amendments made by this section and the efficiencies that may
result;
(B) the post-construction effectiveness of impact
mitigation and avoidance commitments adopted as part of
projects conducted under this section and the amendments made
by this section; and
(C) the quantity of projects with impacts that are
considered de minimis under this section and the amendments
made by this section, including information on the location,
size, and cost of the projects.
(3) Report requirement.--The Secretary shall prepare--
(A) not earlier than the date that is 3 years after the
date of enactment of this Act, a report on the results of the
study conducted under this subsection; and
(B) not later than March 1, 2010, an update on the report
required under subparagraph (A).
(4) Report recipients.--The Secretary shall--
(A) submit the report, review of the report, and update
required under paragraph (3) to--
(i) the appropriate committees of Congress;
(ii) the Secretary of the Interior; and
(iii) the Advisory Council on Historic Preservation; and
(B) make the report and update available to the public.

SEC. 1515. REGULATIONS.

Except as provided in section 1513, not later than 1 year
after the date of enactment of this Act, the Secretary shall
promulgate regulations necessary to implement the amendments
made by chapter 1 and this chapter.

CHAPTER 3--MISCELLANEOUS

SEC. 1521. CRITICAL REAL PROPERTY ACQUISITION.

Section 108 of title 23, United States Code, is amended by
adding at the end the following:
``(d) Critical Real Property Acquisition.--
``(1) In general.--Subject to paragraph (2), funds
apportioned to a State under this title may be used to pay
the costs of acquiring any real property that is determined
to be critical under paragraph (2) for a project proposed for
funding under this title.
``(2) Reimbursement.--The Federal share of the costs
referred to in paragraph (1) shall be eligible for
reimbursement out of funds apportioned to a State under this
title if, before the date of acquisition--
``(A) the Secretary determines that the property is offered
for sale on the open market;
``(B) the Secretary determines that in acquiring the
property, the State will comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.); and
``(C) the State determines that immediate acquisition of
the property is critical because--
``(i) based on an appraisal of the property, the value of
the property is increasing significantly;
``(ii) there is an imminent threat of development or
redevelopment of the property; and
``(iii) the property is necessary for the implementation of
the goals stated in the proposal for the project.
``(3) Applicable law.--An acquisition of real property
under this section shall be considered to be an exempt
project under section 176 of the Clean Air Act (42 U.S.C.
7506).
``(4) Environmental review.--
``(A) In general.--A project proposed to be conducted under
this title shall not be conducted on property acquired under
paragraph (1) until all required environmental reviews for
the project have been completed.
``(B) Effect on consideration of project alternatives.--The
number of critical acquisitions of real property associated
with a project shall not affect the consideration of project
alternatives during the environmental review process.
``(5) Proceeds from the sale or lease of real property.--
Section 156(c) shall not apply to the sale, use, or lease of
any real property acquired under paragraph (1).''.

SEC. 1522. PLANNING CAPACITY BUILDING INITIATIVE.

Section 104 of title 23, United States Code, is amended by
adding at the end the following:
``(m) Planning Capacity Building Initiative.--
``(1) In general.--The Secretary shall carry out a planning
capacity building initiative to support enhancements in
transportation planning to--
``(A) strengthen the processes and products of metropolitan
and statewide transportation planning under this title;
``(B) enhance tribal capacity to conduct joint
transportation planning under chapter 2;
``(C) participate in the metropolitan and statewide
transportation planning programs under this title; and
``(D) increase the knowledge and skill level of
participants in metropolitan and statewide transportation.
``(2) Priority.--The Secretary shall give priority to
planning practices and processes that support--
``(A) the transportation elements of homeland security
planning, including--
``(i) training and best practices relating to emergency
evacuation;
``(ii) developing materials to assist areas in coordinating
emergency management and transportation officials; and
``(iii) developing training on how planning organizations
may examine security issues;
``(B) performance-based planning, including--
``(i) data and data analysis technologies to be shared with
States, metropolitan planning organizations, local
governments, and nongovernmental organizations that--

``(I) participate in transportation planning;
``(II) use the data and data analysis to engage in
metropolitan, tribal, or statewide transportation planning;
``(III) involve the public in the development of
transportation plans, projects, and alternative scenarios;
and
``(IV) develop strategies to avoid, minimize, and mitigate
the impacts of transportation facilities and projects; and

``(ii) improvement of the quality of congestion management
systems, including the development of--

``(I) a measure of congestion;
``(II) a measure of transportation system reliability; and
``(III) a measure of induced demand;

``(C) safety planning, including--
``(i) development of State strategic safety plans
consistent with section 148;
``(ii) incorporation of work zone safety into planning; and
``(iii) training in the development of data systems
relating to highway safety;
``(D) operations planning, including--
``(i) developing training of the integration of
transportation system operations and management into the
transportation planning process; and
``(ii) training and best practices relating to regional
concepts of operations;
``(E) freight planning, including--
``(i) modeling of freight at a regional and statewide
level; and
``(ii) techniques for engaging the freight community with
the planning process;
``(F) air quality planning, including--
``(i) assisting new and existing nonattainment and
maintenance areas in developing the technical capacity to
perform air quality conformity analysis;
``(ii) providing training on areas such as modeling and
data collection to support air quality planning and analysis;
``(iii) developing concepts and techniques to assist areas
in meeting air quality performance timeframes; and
``(iv) developing materials to explain air quality issues
to decisionmakers and the public; and
``(G) integration of environment and planning.
``(3) Use of funds.--The Secretary shall use amounts made
available under paragraph (4) to make grants to, or enter
into contracts, cooperative agreements, and other
transactions with, a Federal agency, State agency, local
agency, federally recognized Indian tribal government or
tribal consortium, authority, association, nonprofit or for-
profit corporation, or institution of higher education for
research, program development, information collection and
dissemination, and technical assistance.
``(4) Set-aside.--
``(A) In general.--On October 1 of each fiscal year, of the
funds made available under subsection (a), the Secretary
shall set aside $3,754,515 to carry out this subsection.
``(B) Federal share.--The Federal share of the cost of an
activity carried out using funds made available under
subparagraph (A) shall be 100 percent.
``(C) Availability.--Funds made available under
subparagraph (A) shall remain available until expended.''.

SEC. 1523. INTERMODAL PASSENGER FACILITIES.

(a) In General.--Chapter 55 of title 49, United States
Code, is amended by adding at the end the following:

``SUBCHAPTER III--INTERMODAL PASSENGER FACILITIES

Sec. 5571. Policy and purposes

``(a) Development and Enhancement of Intermodal Passenger
Facilities.--It is in the economic interest of the United
States to improve the efficiency of public surface
transportation modes by ensuring their connection with and
access to intermodal passenger terminals, thereby
streamlining the transfer of passengers among modes,
enhancing travel options, and increasing passenger
transportation operating efficiencies.
``(b) General Purposes.--The purposes of this subchapter
are to accelerate intermodal integration among North
America's passenger transportation modes through--
``(1) ensuring intercity public transportation access to
intermodal passenger facilities;
``(2) encouraging the development of an integrated system
of public transportation information; and
``(3) providing intercity bus intermodal passenger facility
grants.

Sec. 5572. Definitions

``In this subchapter--

[[Page S4678]]

``(1) `capital project' means a project for--
``(A) acquiring, constructing, improving, or renovating an
intermodal facility that is related physically and
functionally to intercity bus service and establishes or
enhances coordination between intercity bus service and
transportation, including aviation, commuter rail, intercity
rail, public transportation, seaports, and the National
Highway System, such as physical infrastructure associated
with private bus operations at existing and new intermodal
facilities, including special lanes, curb cuts, ticket kiosks
and counters, baggage and package express storage, employee
parking, office space, security, and signage; and
``(B) establishing or enhancing coordination between
intercity bus service and transportation, including aviation,
commuter rail, intercity rail, public transportation, and the
National Highway System through an integrated system of
public transportation information.
``(2) `commuter service' means service designed primarily
to provide daily work trips within the local commuting area.
``(3) `intercity bus service' means regularly scheduled bus
service for the general public which operates with limited
stops over fixed routes connecting two or more urban areas
not in close proximity, which has the capacity for
transporting baggage carried by passengers, and which makes
meaningful connections with scheduled intercity bus service
to more distant points, if such service is available and may
include package express service, if incidental to passenger
transportation, but does not include air, commuter, water or
rail service.
``(4) `intermodal passenger facility' means passenger
terminal that does, or can be modified to, accommodate
several modes of transportation and related facilities,
including some or all of the following: intercity rail,
intercity bus, commuter rail, intracity rail transit and bus
transportation, airport limousine service and airline ticket
offices, rent-a-car facilities, taxis, private parking, and
other transportation services.
``(5) `local governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least one State or political
subdivision of a State;
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of the State.
``(6) `owner or operator of a public transportation
facility' means an owner or operator of intercity-rail,
intercity-bus, commuter-rail, commuter-bus, rail-transit,
bus-transit, or ferry services.
``(7) `recipient' means a State or local governmental
authority or a nonprofit organization that receives a grant
to carry out this section directly from the Federal
government.
``(8) `Secretary' means the Secretary of Transportation.
``(9) `State' means a State of the United States, the
District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands.
``(10) `urban area' means an area that includes a
municipality or other built-up place that the Secretary,
after considering local patterns and trends of urban growth,
decides is appropriate for a local public transportation
system to serve individuals in the locality.

``Sec. 5573. Assurance of access to intermodal passenger
facilities

``Intercity buses and other modes of transportation shall,
to the maximum extent practicable, have access to publicly
funded intermodal passenger facilities, including those
passenger facilities seeking funding under section 5574.

``Sec. 5574. Intercity bus intermodal passenger facility
grants

``(a) General Authority.--The Secretary of Transportation
may make grants under this section to recipients in financing
a capital project only if the Secretary finds that the
proposed project is justified and has adequate financial
commitment.
``(b) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under this section. Grantees shall be selected on a
competitive basis.
``(c) Share of Net Project Costs.--A grant shall not exceed
50 percent of the net project cost, as determined by the
Secretary.
``(d) Regulations.--The Secretary may promulgate such
regulations as are necessary to carry out this section.

``Sec. 5575. Funding

``(a) Highway Account.--
``(1) There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) to
carry out this subchapter $9,386,289 for each of fiscal years
2005 through 2009.
``(2) The funding made available under paragraph (1) shall
be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23 and shall
be subject to any obligation limitation imposed on funds for
Federal-aid highways and highway safety construction
programs.
``(b) Period of Availability.--Amounts made available under
subsection (a) shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
55 of title 49, United States Code, is amended by adding at
the end the following:

``Subchapter III--Intermodal Passenger Facilities

Sec.
``5571. Policy and Purposes.
``5572. Definitions.
``5573. Assurance of access to intermodal facilities.
``5574. Intercity bus intermodal facility grants.
``5575. Funding.''.

Subtitle F--Environment

SEC. 1601. ENVIRONMENTAL RESTORATION AND POLLUTION ABATEMENT;
CONTROL OF INVASIVE PLANT SPECIES AND
ESTABLISHMENT OF NATIVE SPECIES.

(a) Modification to NHS/STP for Environmental Restoration,
Pollution Abatement, and Invasive Species.--
(1) Modifications to national highway system.--Section
103(b)(6) of title 23, United States Code, is amended by
adding at the end the following:
``(Q) Environmental restoration and pollution abatement in
accordance with section 165.
``(R) Control of invasive plant species and establishment
of native species in accordance with section 166.''.
(2) Modifications to surface transportation program.--
Section 133(b) of title 23, is amended by striking paragraph
(14) and inserting the following:
``(14) Environmental restoration and pollution abatement in
accordance with section 165.
``(15) Control of invasive plant species and establishment
of native species in accordance with section 166.''.
(b) Eligible Activities.--Subchapter I of chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:

``Sec. 165. Eligibility for environmental restoration and
pollution abatement

``(a) In General.--Subject to subsection (b), environmental
restoration and pollution abatement to minimize or mitigate
the impacts of any transportation project funded under this
title (including retrofitting and construction of storm water
treatment systems to meet Federal and State requirements
under sections 401 and 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1341, 1342)) may be carried out to
address water pollution or environmental degradation caused
wholly or partially by a transportation facility.
``(b) Maximum Expenditure.--In a case in which a
transportation facility is undergoing reconstruction,
rehabilitation, resurfacing, or restoration, the expenditure
of funds under this section for environmental restoration or
pollution abatement described in subsection (a) shall not
exceed 20 percent of the total cost of the reconstruction,
rehabilitation, resurfacing, or restoration of the facility.

``Sec. 166. Control of invasive plant species and
establishment of native species

``(a) Definitions.--In this section:
``(1) Invasive plant species--The term `invasive plant
species' means a nonindigenous species the introduction of
which causes or is likely to cause economic or environmental
harm or harm to human health.
``(2) Native plant species.--The term `native plant
species' means, with respect to a particular ecosystem, a
species that, other than as result of an introduction,
historically occurred or currently occurs in that ecosystem.
``(b) Control of Species.--
``(1) In general.--In accordance with all applicable
Federal law (including regulations), funds made available to
carry out this section may be used for--
``(A) participation in the control of invasive plant
species; and
``(B) the establishment of native species;
if such efforts are related to transportation projects funded
under this title.
``(2) Included activities.--The participation and
establishment under paragraph (1) may include--
``(A) participation in statewide inventories of invasive
plant species and desirable plant species;
``(B) regional native plant habitat conservation and
mitigation;
``(C) native revegetation;
``(D) elimination of invasive species to create fuel breaks
for the prevention and control of wildfires; and
``(E) training.
``(3) Contributions.--
``(A) In general.--Subject to subparagraph (B), an activity
described in paragraph (1) may be carried out concurrently
with, in advance of, or following the construction of a
project funded under this title.
``(B) Condition for activities conducted in advance of
project construction.--An activity described in paragraph (1)
may be carried out in advance of construction of a project
only if the activity is carried out in accordance with all
applicable requirements of Federal law (including
regulations) and State transportation planning processes.''.
(c) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1406(b)), is amended by adding at the end the
following:

``165. Eligibility for environmental restoration and pollution
abatement.
``166. Control of invasive plant species and establishment of native
species.''.

[[Page S4679]]

SEC. 1602. NATIONAL SCENIC BYWAYS PROGRAM.

(a) In General.--Section 162 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``the roads as'' and all
that follows and inserting ``the roads as--
``(A) National Scenic Byways;
``(B) All-American Roads; or
``(C) America's Byways.'';
(B) in paragraph (3)--
(i) by striking ``To be considered'' and inserting the
following:
``(A) In general.--To be considered'';
(ii) in subparagraph (A) (as designated by clause (i))--

(I) by inserting ``, an Indian tribe, '' after ``nominated
by a State''; and
(II) by inserting ``, an Indian scenic byway,'' after
``designated as a State scenic byway''; and

(iii) by adding at the end the following:
``(B) Nomination by indian tribes.--An Indian tribe may
nominate a road as a National Scenic Byway under subparagraph
(A) only if a Federal land management agency (other than the
Bureau of Indian Affairs), a State, or a political
subdivision of a State does not have--
``(i) jurisdiction over the road; or
``(ii) responsibility for managing the road.
``(C) Safety.--Indian tribes shall maintain the safety and
quality of roads nominated by the Indian tribe under
subparagraph (A).''; and
(C) by adding at the end the following:
``(4) Reciprocal notification.--States, Federal land
management agencies, and Indian tribes shall notify each
other regarding nominations under this subsection for roads
that--
``(A) are within the jurisdictional boundary of the State,
Federal land management agency, or Indian tribe; or
``(B) directly connect to roads for which the State,
Federal land management agency, or Indian tribe is
responsible.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``and Indian tribes'' after ``provide
technical assistance to States'';
(ii) in subparagraph (A), by striking ``designated as'' and
all that follows and inserting ``designated as--
``(i) National Scenic Byways;
``(ii) All-American Roads;
``(iii) America's Byways;
``(iv) State scenic byways; or
``(v) Indian scenic byways; and''; and
(iii) in subparagraph (B), by inserting ``or Indian'' after
``State'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Byway or All-
American Road'' and inserting ``Byway, All-American Road, or
1 of America's Byways'';
(ii) in subparagraph (B)--

(I) by striking ``State-designated'' and inserting ``State
or Indian''; and
(II) by striking ``designation as a'' and all that follows
and inserting ``designation as--

``(i) a National Scenic Byway;
``(ii) an All-American Road; or
``(iii) 1 of America's Byways; and''; and
(iii) in subparagraph (C), by inserting ``or Indian'' after
``State'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``or Indian'' after
``State'';
(B) in paragraph (3)--
(i) by inserting ``Indian scenic byway,'' after
``improvements to a State scenic byway,''; and
(ii) by inserting ``Indian scenic byway,'' after
``designation as a State scenic byway,''; and
(C) in paragraph (4), by striking ``passing lane,''; and
(4) in subsection (e), by inserting ``or Indian tribe''
after ``State''.
(b) Research, Technical Assistance, Marketing, and
Promotion.--Section 162 of title 23, United States Code, is
amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following:
``(d) Research, Technical Assistance, Marketing, and
Promotion.--
``(1) In general.--The Secretary may carry out technical
assistance, marketing, market research, and promotion with
respect to State Scenic Byways, National Scenic Byways, All-
American Roads, and America's Byways.
``(2) Cooperation, grants, and contracts.--The Secretary
may make grants to, or enter into contracts, cooperative
agreements, and other transactions with, any Federal agency,
State agency, authority, association, institution, for-profit
or nonprofit corporation, organization, or person, to carry
out projects and activities under this subsection.
``(3) Funds.--The Secretary may use not more than
$1,877,258 for each fiscal year of funds made available for
the National Scenic Byways Program to carry out projects and
activities under this subsection.
``(4) Priority.--The Secretary shall give priority under
this subsection to partnerships that leverage Federal funds
for research, technical assistance, marketing and
promotion.''; and
(3) in subsection (g) (as redesignated by paragraph (1)),
by striking ``80 percent'' and inserting ``the share
applicable under section 120, as adjusted under subsection
(d) of that section''.

SEC. 1603. RECREATIONAL TRAILS PROGRAM.

(a) Recreational Trails Program Formula.--Section 104(h)(1)
of title 23, United States Code, is amended--
(1) by striking ``Whenever'' and inserting the following:
``(A) In general.--In any case in which'';
(2) by striking ``research and technical assistance under
the recreational trails program and for administration of the
National Recreational Trails Advisory Committee'' and
inserting ``research, technical assistance, and training
under the recreational trails program''; and
(3) by striking ``The Secretary'' and inserting the
following:
``(B) Contracts and agreements.--The Secretary''.
(b) Recreational Trails Program Administration.--Section
206 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking paragraph (2) and inserting the following:
``(2) Permissible uses.--Permissible uses of funds
apportioned to a State for a fiscal year to carry out this
section include--
``(A) maintenance and restoration of recreational trails;
``(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages for recreational
trails;
``(C) purchase and lease of recreational trail construction
and maintenance equipment;
``(D) construction of new recreational trails, except that,
in the case of new recreational trails crossing Federal land,
construction of the trails shall be--
``(i) permissible under other law;
``(ii) necessary and recommended by a statewide
comprehensive outdoor recreation plan that is--

``(I) required under the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.); and
``(II) in effect;

``(iii) approved by the administering agency of the State
designated under subsection (c)(1)(A); and
``(iv) approved by each Federal agency having jurisdiction
over the affected land, under such terms and conditions as
the head of the Federal agency determines to be appropriate,
except that the approval shall be contingent on compliance by
the Federal agency with all applicable laws, including--

``(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(II) the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.); and
``(III) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);

``(E) acquisition of easements and fee simple title to
property for recreational trails or recreational trail
corridors;
``(F) assessment of trail conditions for accessibility and
maintenance;
``(G) use of trail crews, youth conservation or service
corps, or other appropriate means to carry out activities
under this section;
``(H) development and dissemination of publications and
operation of educational programs to promote safety and
environmental protection, as those objectives relate to the
use of recreational trails, supporting non-law enforcement
trail safety and trail use monitoring patrol programs, and
providing trail-related training, but in an amount not to
exceed 5 percent of the apportionment made to the State for
the fiscal year; and
``(I) payment of costs to the State incurred in
administering the program, but in an amount not to exceed 7
percent of the apportionment made to the State for the fiscal
year to carry out this section.''; and
(B) in paragraph (3)--
(i) in subparagraph (D), by striking ``(2)(F)'' and
inserting ``(2)(I)''; and
(ii) by adding at the end the following:
``(E) Use of youth conservation or service corps.--A State
shall make available not less than 10 percent of the
apportionments of the State to provide grants to, or to enter
into cooperative agreements or contracts with, qualified
youth conservation or service corps to perform recreational
trails program activities.'';
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``and the Federal share of the
administrative costs of a State'' after ``project''; and
(ii) by striking ``not exceed 80 percent'' and inserting
``be determined in accordance with section 120'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``80 percent of'' and
inserting ``the amount determined in accordance with section
120 for''; and
(ii) in subparagraph (B), by inserting ``sponsoring the
project'' after ``Federal agency'';
(C) by striking paragraph (5);
(D) by redesignating paragraph (4) as paragraph (5);
(E) by inserting after paragraph (3) the following:
``(4) Use of recreational trails program funds to match
other federal program funds.--Notwithstanding any other
provision of law, funds made available under this section may
be used to pay the non-Federal matching share for other
Federal program funds that are--
``(A) expended in accordance with the requirements of the
Federal program relating to activities funded and populations
served; and
``(B) expended on a project that is eligible for assistance
under this section.''; and

[[Page S4680]]

(F) in paragraph (5) (as redesignated by subparagraph (D)),
by striking ``80 percent'' and inserting ``the Federal share
as determined in accordance with section 120''; and
(3) in subsection (h)--
(A) in paragraph (1), by inserting after subparagraph (B)
the following:
``(C) Planning and environmental assessment costs incurred
prior to project approval.--A project funded under any of
subparagraphs (A) through (H) of subsection (d)(2) may permit
preapproval planning and environmental compliance costs
incurred not more than 18 months before project approval to
be credited toward the non-Federal share in accordance with
subsection (f).''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Waiver of highway program requirements.--A project
funded under this section--
``(A) is intended to enhance recreational opportunity;
``(B) is not considered to be a highway project; and
``(C) is not subject to--
``(i) section 112, 114, 116, 134, 135, 138, 217, or 301 of
this title; or
``(ii) section 303 of title 49.''.

SEC. 1604. EXEMPTION OF INTERSTATE SYSTEM.

Subsection 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 System or
portions of the Interstate System are listed on, or eligible
for listing on, the National Register of Historic Places.
``(B) Individual elements.--A portion of the Interstate
System that possesses an independent feature of historic
significance, such as a historic bridge or a highly
significant engineering feature, that would qualify
independently 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.''.

SEC. 1605. STANDARDS.

Section 109 of title 23, United States Code, is amended by
striking subsection (p) and inserting the following:
``(p) Context Sensitive Design.--
``(1) In general.--The Secretary shall encourage States to
design projects funded under this title that--
``(A) allow for the preservation of environmental, scenic,
or historic values;
``(B) ensure the safe use of the facility;
``(C) provide for consideration of the context of the
locality;
``(D) encourage access for other modes of transportation;
and
``(E) comply with subsection (a).
``(2) Approval by secretary.--Notwithstanding subsections
(b) and (c), the Secretary may approve a project described in
paragraph (1) for the National Highway System if the project
is designed to achieve the criteria specified in that
paragraph.''.

SEC. 1606. USE OF HIGH OCCUPANCY VEHICLE LANES.

Section 102 of title 23, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) High Occupancy Vehicle Lane Passenger Requirements.--
``(1) Definitions.--In this subsection:
``(A) Responsible agency.--The term `responsible agency'
means--
``(i) a State transportation department;
``(ii) a local agency in a State that is responsible for
transportation matters; and
``(iii) a public authority, or a public or private entity
designated by a State, to collect a toll from motor vehicles
at an eligible toll facility.
``(B) Seriously degraded.--The term `seriously degraded',
with respect to a high occupancy vehicle lane, means, in the
case of a high occupancy vehicle lane, the minimum average
operating speed, performance threshold, and associated time
period of the high occupancy vehicle lane, calculated and
determined jointly by all applicable responsible agencies and
based on conditions unique to the roadway, are
unsatisfactory.
``(2) Requirements.--
``(A) In general.--Subject to subparagraph (B), for each
State, 1 or more responsible agencies shall establish the
occupancy requirements of vehicles operating on high
occupancy vehicle lanes.
``(B) Minimum number of occupants.--Except as provided in
paragraph (3), an occupancy requirement established under
subparagraph (A) shall--
``(i) require at least 2 occupants per vehicle for a
vehicle operating on a high occupancy vehicle lane; and
``(ii) in the case of a high occupancy vehicle lane that
traverses an adjacent State, be established in consultation
with the adjacent State.
``(3) Exceptions to hov occupancy requirements.--
``(A) Motorcycles.--For the purpose of this subsection, a
motorcycle--
``(i) shall not be considered to be a single occupant
vehicle; and
``(ii) shall be allowed to use a high occupancy vehicle
lane unless a responsible agency--

``(I) certifies to the Secretary the use of a high
occupancy vehicle lane by a motorcycle would create a safety
hazard; and
``(II) restricts that the use of the high occupancy vehicle
lane by motorcycles.

``(B) Low emission and energy-efficient vehicles.--
``(i) Definition of low emission and energy-efficient
vehicle.--In this subparagraph, the term `low emission and
energy-efficient vehicle' means a vehicle that--

``(I) meets Tier II emission levels established in
regulations promulgated by the Administrator of the
Environmental Protection Agency under section 202(i) of the
Clean Air Act (42 U.S.C. 7521(i)) for that make and model
year; and
``(I)(aa) is certified by the Administrator of the
Environmental Protection Agency, in consultation with the
manufacturer, to have achieved not less than a 50-percent
increase in city fuel economy or not less than a 25-percent
increase in combined city-highway fuel economy relative to a
comparable vehicle that is an internal combustion gasoline
fueled vehicle (other than a vehicle that has propulsion
energy from onboard hybrid sources); or
``(bb) is a dedicated alternative fueled vehicle under
section 301 of the Energy Policy Act of 1992 (42 U.S.C.
13211).

``(ii) Comparable vehicle determination.--Not later than
180 days after the date of enactment of the Safe, Affordable,
Flexible, and Efficient Transportation Equity Act of 2005,
the Administrator of the Environmental Protection Agency, in
accordance with section 32908(b) of title 49, United States
Code, shall establish guidelines and procedures for making
the vehicle comparisons and performance calculations
described in clause (i)(I)(aa).
``(iii) HOV lane performance.--

``(I) In general.--The responsible agency may not permit
qualifying low emission and energy-efficient vehicles that do
not meet applicable occupancy requirements (as determined by
the responsible agency) to use high occupancy vehicle lanes
if the performance of the lanes is seriously degraded.
``(II) Management.--In managing the use of high occupancy
vehicle lanes by low emission and energy efficient vehicles
that do not meet applicable occupancy requirements, the
responsible agency may increase the percentages described in
clause (i)(I)(aa).

``(iv) Exemption for low emission and energy-efficient
vehicles.--A responsible agency may permit qualifying low
emission and energy-efficient vehicles that do not meet
applicable occupancy requirements (as determined by the
responsible agency) to use high occupancy vehicle lanes if
the responsible agency--

``(I) establishes a program that addresses how those
qualifying low emission and energy-efficient vehicles are
selected and certified;
``(II) establishes requirements for labeling qualifying low
emission and energy-efficient vehicles (including procedures
for enforcing those requirements);
``(III) continuously monitors, evaluates, and reports to
the Secretary on performance; and
``(IV) imposes such restrictions on the use on high
occupancy vehicle lanes by vehicles that do not satisfy
established occupancy requirements as are necessary to ensure
that the performance of individual high occupancy vehicle
lanes, and the entire high occupancy vehicle lane system,
will not become seriously degraded.

``(C) Tolling of vehicles.--
``(i) In general.--A responsible agency may permit
vehicles, in addition to the vehicles described in paragraphs
(A), (B), and (D) that do not satisfy established occupancy
requirements, to use a high occupancy vehicle lane only if
the responsible agency charges those vehicles a toll.
``(ii) Applicable authority.--In imposing a toll under
clause (i), a responsible agency shall--

``(I) be subject to section 129;
``(II) establish a toll program that addresses ways in
which motorists may enroll and participate in the program;
``(III) develop, manage, and maintain a system that will
automatically collect the tolls from covered vehicles;
``(IV) continuously monitor, evaluate, and report on
performance of the system;
``(V) establish such policies and procedures as are
necessary--

``(aa) to vary the toll charged in order to manage the
demand for use of high occupancy vehicle lanes; and
``(bb) to enforce violations; and

``(VI) establish procedures to impose such restrictions on
the use of high occupancy vehicle lanes by vehicles that do
not satisfy established occupancy requirements as are
necessary to ensure that the performance of individual high
occupancy vehicle lanes, and the entire high occupancy
vehicle lane system, will not become seriously degraded.

``(D) Designated public transportation vehicles.--
``(i) Definition of designated public transportation
vehicle.--In this subparagraph, the term `designated public
transportation vehicle' means a vehicle that--

``(I) provides designated public transportation (as defined
in section 221 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12141)); and
``(II)(aa) is owned or operated by a public entity; or
``(bb) is operated under a contract with a public entity.

``(ii) Use of high occupancy vehicle lanes.--A responsible
agency may permit designated public transportation vehicles

[[Page S4681]]

that do not satisfy established occupancy requirements to use
high occupancy vehicle lanes if the responsible agency--

``(I) requires the clear and identifiable labeling of each
designated public transportation vehicle operating under a
contract with a public entity with the name of the public
entity on all sides of the vehicle;
``(II) continuously monitors, evaluates, and reports on
performance of those designated public transportation
vehicles; and
``(III) imposes such restrictions on the use of high
occupancy vehicle lanes by designated public transportation
vehicles as are necessary to ensure that the performance of
individual high occupancy vehicle lanes, and the entire high
occupancy vehicle lane system, will not become seriously
degraded.

``(E) HOV lane management, operation, and monitoring.--
``(i) In general.--A responsible agency that permits any of
the exceptions specified in this paragraph shall comply with
clauses (ii) and (iii).
``(ii) Performance monitoring, evaluation, and reporting.--
A responsible agency described in clause (i) shall establish,
manage, and support a performance monitoring, evaluation, and
reporting program under which the responsible agency
continuously monitors, assesses, and reports on the effects
that any vehicle permitted to use a high occupancy vehicle
lane under an exception under this paragraph may have on the
operation of--

``(I) individual high occupancy vehicle lanes; and
``(II) the entire high occupancy vehicle lane system.

``(iii) Operation of hov lane or system.--A responsible
agency described in clause (i) shall limit use of, or cease
to use, any of the exceptions specified in this paragraph if
the presence of any vehicle permitted to use a high occupancy
vehicle lane under an exception under this paragraph
seriously degrades the operation of--

``(I) individual high occupancy vehicle lanes; and
``(II) the entire high occupancy vehicle lane system.''.

SEC. 1607. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

(a) In General.--Section 217 of title 23, United States
Code, is amended--
(1) in subsection (a), by inserting ``pedestrian and''
after ``safe'';
(2) in subsection (e), by striking ``bicycles'' each place
it appears and inserting ``pedestrians or bicyclists'';
(3) by striking subsection (f) and inserting the following:
``(f) Federal Share.--The Federal share of the construction
of bicycle transportation facilities and pedestrian walkways,
and for carrying out nonconstruction projects relating to
safe pedestrian and bicycle use, shall be determined in
accordance with section 120(b).'';
(4) by redesignating subsection (j) as subsection (k);
(5) by inserting after subsection (i) the following:
``(j) Bicycle and Pedestrian Safety Grants.--
``(1) In general.--The Secretary shall select and make
grants to a national, nonprofit organization engaged in
promoting bicycle and pedestrian safety--
``(A) to operate a national bicycle and pedestrian
clearinghouse;
``(B) to develop information and educational programs
regarding walking and bicycling; and
``(C) to disseminate techniques and strategies for
improving bicycle and pedestrian safety.
``(2) Funding.--The Secretary may use funds set aside under
section 104(n) to carry out this subsection.
``(3) Applicability of title 23.--Funds authorized to be
appropriated to carry out this subsection shall be available
for obligation in the same manner as if the funds were
apportioned under section 104, except that the funds shall
remain available until expended.''; and
(6) in subsection (k) (as redesignated by paragraph (4))--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following:
``(4) Shared use path.--The term `shared use path' means a
multiuse trail or other path that is--
``(A) physically separated from motorized vehicular traffic
by an open space or barrier, either within a highway right-
of-way or within an independent right-of-way; and
``(B) usable for transportation purposes (including by
pedestrians, bicyclists, skaters, equestrians, and other
nonmotorized users).''.
(b) Reservation of Funds.--Section 104 of title 23, United
States Code (as amended by section 1522), is amended by
adding at the end the following:
``(n) Bicycle and Pedestrian Safety Grants.--On October 1
of each of fiscal years 2005 through 2009, the Secretary,
after making the deductions authorized by subsections (a) and
(f), shall set aside $469,314 of the remaining funds
apportioned under subsection (b)(3) for use in carrying out
the bicycle and pedestrian safety grant program under section
217.''.

SEC. 1608. IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-
OF-WAY.

Section 111 of title 23, United States Code, is amended by
adding at the end the following:
``(d) Idling Reduction Facilities in Interstate Rights-of-
Way.--
``(1) In general.--Notwithstanding subsection (a), a State
may--
``(A) permit electrification or other idling reduction
facilities and equipment, for use by motor vehicles used for
commercial purposes, to be placed in rest and recreation
areas, and in safety rest areas, constructed or located on
rights-of-way of the Interstate System in the State, so long
as those idling reduction measures do not--
``(i) reduce the existing number of designated truck
parking spaces at any given rest or recreation area; or
``(ii) preclude the use of those spaces by trucks employing
alternative idle reduction technologies; and
``(B) charge a fee, or permit the charging of a fee, for
the use of those parking spaces actively providing power to a
truck to reduce idling.
``(2) Purpose.--The exclusive purpose of the facilities
described in paragraph (1) (or similar technologies) shall be
to enable operators of motor vehicles used for commercial
purposes--
``(A) to reduce idling of a truck while parked in the rest
or recreation area; and
``(B) to use installed or other equipment specifically
designed to reduce idling of a truck, or provide alternative
power for supporting driver comfort, while parked.''.

SEC. 1609. TOLL PROGRAMS.

(a) Interstate System Reconstruction and Rehabilitation
Pilot Program.--Section 1216(b) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 129 note; 112 Stat.
212)--
(1) is amended--
(A) in paragraph (1)--
(i) by striking ``The Secretary'' and inserting
``Notwithstanding section 301, the Secretary''; and
(ii) by striking ``that could not otherwise be adequately
maintained or functionally improved without the collection of
tolls'';
(B) in paragraph (2), by inserting after the first sentence
the following: ``One such facility shall be located in
Virginia.'';
(C) in paragraph (3), by striking subparagraph (C) and
inserting the following:
``(C) An analysis demonstrating that financing the
reconstruction or rehabilitation of the facility with the
collection of tolls under this pilot program is the most
efficient, economical, or expeditious way to advance the
project.''; and
(D) in paragraph (4)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) the State's analysis showing that financing the
reconstruction or rehabilitation of a facility with the
collection of tolls under the pilot program is the most
efficient, economical, or expeditious way to advance the
project;'';
(ii) by striking subparagraph (B) and inserting the
following:
``(B) the facility needs reconstruction or rehabilitation,
including major work that may require replacing sections of
the existing facility on new alignment;'';
(iii) by striking subparagraph (C); and
(iv) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively;
(2) is redesignated as subsection (d) of section 129 of
title 23, United States Code, and moved to appear at the end
of that section; and
(3) by striking ``of title 23, United States Code'' each
place it appears.
(b) Fast and Sensible Toll (FAST) Lanes Program.--Section
129 of title 23, United States Code (as amended by subsection
(a)(2)), is amended by adding at the end the following:
``(e) Fast and Sensible Toll (FAST) Lanes Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible toll facility.--The term `eligible toll
facility' includes--
``(i) a facility in existence on the date of enactment of
this subsection that collects tolls;
``(ii) a facility in existence on the date of enactment of
this subsection that serves high occupancy vehicles;
``(iii) a facility modified or constructed after the date
of enactment of this subsection to create additional tolled
capacity (including a facility constructed by a private
entity or using private funds); and
``(iv) in the case of a new lane added to a previously non-
tolled facility, only the new lane.
``(B) Nonattainment area.--The term `nonattainment area'
has the meaning given the term in section 171 of the Clean
Air Act (42 U.S.C. 7501).
``(2) Establishment.--Notwithstanding sections 129 and 301,
the Secretary shall permit a State, public authority, or a
public or private entity designated by a State, to collect a
toll from motor vehicles at an eligible toll facility for any
highway, bridge, or tunnel, including facilities on the
Interstate System--
``(A) to manage high levels of congestion;
``(B) to reduce emissions in a nonattainment area or
maintenance area; or
``(C) to finance the expansion of a highway, for the
purpose of reducing traffic congestion, by constructing 1 or
more additional lanes (including bridge, tunnel, support, and
other structures necessary for that construction) on the
Interstate System.
``(3) Limitation on use of revenues.--

[[Page S4682]]

``(A) Use.--
``(i) In general.--Toll revenues received under paragraph
(2) shall be used by a State, public authority, or private
entity designated by a State, for--

``(I) debt service for debt incurred on 1 or more highway
or transit projects carried out under this title or title 49;
``(II) a reasonable return on investment of any private
financing;
``(III) the costs necessary for proper operation and
maintenance of any facilities under paragraph (2) (including
reconstruction, resurfacing, restoration, and
rehabilitation); or
``(IV) if the State, public authority, or private entity
annually certifies that the tolled facility is being
adequately operated and maintained, any other purpose
relating to a highway or transit project carried out under
this title or title 49.

``(B) Requirements.--
``(i) Variable price requirement.--A facility that charges
tolls under this subsection may establish a toll that varies
in price according to time of day or level of traffic, as
appropriate to manage congestion or improve air quality.
``(ii) HOV variable pricing requirement.--The Secretary
shall require, for each high occupancy vehicle facility that
charges tolls under this subsection, that the tolls vary in
price according to time of day or level of traffic, as
appropriate to manage congestion or improve air quality.
``(iii) HOV passenger requirements.--In addition to the
exceptions to the high occupancy vehicle passenger
requirements established under section 102(a)(2), a State may
permit motor vehicles with fewer than 2 occupants to operate
in high occupancy vehicle lanes as part of a variable toll
pricing program established under this subsection.
``(C) Agreement.--
``(i) In general.--Before the Secretary may permit a
facility to charge tolls under this subsection, the Secretary
and the applicable State, public authority, or private entity
designated by a State shall enter into an agreement for each
facility incorporating the conditions described in
subparagraphs (A) and (B).
``(ii) Termination.--An agreement under clause (i) shall
terminate with respect to a facility upon the decision of the
State, public authority, or private entity designated by a
State to discontinue the variable tolling program under this
subsection for the facility.
``(iii) Debt.--

``(I) In general.--If there is any debt outstanding on a
facility at the time at which the decision is made to
discontinue the program under this subsection with respect to
the facility, the facility may continue to charge tolls in
accordance with the terms of the agreement until such time as
the debt is retired.
``(II) Notice.--On retirement of the debt of a tolled
facility, the applicable State, public authority, or private
entity designated by a State shall provide notice to the
public of that retirement.

``(D) Limitation on federal share.--The Federal share of
the cost of a project on a facility tolled under this
subsection, including a project to install the toll
collection facility shall be a percentage, not to exceed 80
percent, determined by the applicable State.
``(4) Eligibility.--To be eligible to participate in the
program under this subsection, a State, public authority, or
private entity designated by a State shall provide to the
Secretary--
``(A) a description of the congestion or air quality
problems sought to be addressed under the program;
``(B) a description of--
``(i) the goals sought to be achieved under the program;
and
``(ii) the performance measures that would be used to gauge
the success made toward reaching those goals; and
``(C) such other information as the Secretary may require.
``(5) Automation.--Fees collected from motorists using a
FAST lane shall be collected only through the use of noncash
electronic technology that optimizes the free flow of traffic
on the tolled facility.
``(6) Interoperability.--
``(A) Rule.--
``(i) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall
promulgate a final rule specifying requirements, standards,
or performance specifications for automated toll collection
systems implemented under this section.
``(ii) Development.--In developing that rule, which shall
be designed to maximize the interoperability of electronic
collection systems, the Secretary shall, to the maximum
extent practicable--

``(I) seek to accelerate progress toward the national goal
of achieving a nationwide interoperable electronic toll
collection system;
``(II) take into account the use of noncash electronic
technology currently deployed within an appropriate
geographical area of travel and the noncash electronic
technology likely to be in use within the next 5 years; and
``(III) seek to minimize additional costs and maximize
convenience to users of toll facility and to the toll
facility owner or operator.

``(B) Future modifications.--As the state of technology
progresses, the Secretary shall modify the rule promulgated
under subparagraph (A), as appropriate.
``(7) Reporting.--
``(A) In general.--The Secretary, in cooperation with State
and local agencies and other program participants and with
opportunity for public comment, shall--
``(i) develop and publish performance goals for each FAST
lane project;
``(ii) establish a program for regular monitoring and
reporting on the achievement of performance goals,
including--

``(I) effects on travel, traffic, and air quality;
``(II) distribution of benefits and burdens;
``(III) use of alternative transportation modes; and
``(IV) use of revenues to meet transportation or impact
mitigation needs.

``(B) Reports to congress.--The Secretary shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives--
``(i) not later than 1 year after the date of enactment of
this subsection, and annually thereafter, a report that
describes in detail the uses of funds under this subsection
in accordance with paragraph (8)(D); and
``(ii) not later than 3 years after the date of enactment
of this subsection, and every 3 years thereafter, a report
that describes any success of the program under this
subsection in meeting congestion reduction and other
performance goals established for FAST lane programs.
``(8) Funding.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out pre-implementation
studies and post-implementation evaluations of projects
planned or implemented under this subsection $10,324,918 for
each of fiscal years 2005 through 2009.
``(B) Availability.--Funds allocated by the Secretary to a
State under this subsection shall remain available for
obligation by the State for a period of 3 years after the
last day of the fiscal year for which the funds were
authorized.
``(C) Contract authority.--Funds authorized to be
appropriated under this paragraph shall be available for
obligation in the same manner as if the funds were
apportioned under this chapter, except that the Federal share
of the cost of any project carried out under this subsection
and the availability of funds authorized by this paragraph
shall be determined in accordance with this subsection.
``(D) Program promotion.--Notwithstanding any other
provision of this section, the Secretary shall use an amount
not to exceed 2 percent of the funds made available under
subparagraph (A)--
``(i) to make grants to promote the purposes of the program
under this subsection;
``(ii) to provide technical support to State and local
governments or other public or private entities involved in
implementing or considering FAST lane programs; and
``(iii) to conduct research on variable pricing that will
support State or local efforts to initiate those pricing
requirements.
``(E) Effect on other apportionments and allocations.--
Revenues collected from tolls established under this
subsection shall not be taken into account in determining the
apportionments and allocations that any State or
transportation district within a State shall be entitled to
receive under or in accordance with this chapter.
``(9) Compliance.--The Secretary shall ensure that any
project or activity carried out under this section complies
with requirements under section 106 of this title and section
307 of title 49.
``(10) Voluntary use.--Nothing in this subsection requires
any highway user to use a FAST lane.
``(11) Environmental requirements.--Nothing in this
subsection affects any environmental requirement applicable
to the construction or operation of an eligible toll facility
under this title or any other provision of law.''.
(c) Conforming Amendments.--
(1) In general.--Section 1012 of the Intermodal Surface
Transportation Efficiency Act (23 U.S.C. 149 note; 105 Stat.
1938; 112 Stat. 211) is amended by striking subsection (b).
(2) Continuation of program.--Notwithstanding the amendment
made by paragraph (1), the Secretary shall monitor and allow
any value pricing program established under a cooperative
agreement in effect on the day before the date of enactment
of this Act to continue.

SEC. 1610. FEDERAL REFERENCE METHOD.

(a) In General.--Section 6102 of the Transportation Equity
Act for the 21st Century (42 U.S.C. 7407 note; 112 Stat. 464)
is amended by striking subsection (e) and inserting the
following:
``(e) Field Study.--Not later than 2 years after the date
of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005, the
Administrator shall--
``(1) conduct a field study of the ability of the
PM<inf>2.5</inf> Federal Reference Method to differentiate
those particles that are larger than 2.5 micrometers in
diameter;
``(2) develop a Federal reference method to measure
directly particles that are larger than 2.5 micrometers in
diameter without reliance on subtracting from coarse particle
measurements those particles that are equal to or smaller
than 2.5 micrometers in diameter;
``(3) develop a method of measuring the composition of
coarse particles; and

[[Page S4683]]

``(4) submit a report on the study and responsibilities of
the Administrator under paragraphs (1) through (3) to--
``(A) the Committee on Commerce of the House of
Representatives; and
``(B) the Committee on Environment and Public Works of the
Senate.''.

SEC. 1611. ADDITION OF PARTICULATE MATTER AREAS TO CMAQ.

(a) In General.--Section 104(b)(2) of title 23, United
States Code, is amended--
(1) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking ``ozone
or carbon monoxide'' and inserting ``ozone, carbon monoxide,
or fine particulate matter (PM<inf>2.5</inf>)'';
(B) by striking clause (i) and inserting the following:
``(i) 1.0, if at the time of apportionment, the area is a
maintenance area;'';
(C) in clause (vi), by striking ``or'' after the semicolon;
and
(D) in clause (vii)--
(i) by striking ``area as described in section 149(b) for
ozone,'' and inserting ``area for ozone (as described in
section 149(b) or for PM-2.5''; and
(ii) by striking the period at the end and inserting a
semicolon;
(2) by adding at the end the following:
``(viii) 1.0 if, at the time of apportionment, any county
that is not designated as a nonattainment or maintenance area
under the 1-hour ozone standard is designated as
nonattainment under the 8-hour ozone standard; or
``(ix) 1.2 if, at the time of apportionment, the area is
not a nonattainment or maintenance area as described in
section 149(b) for ozone or carbon monoxide, but is an area
designated nonattainment under the PM-2.5 standard.'';
(3) by striking subparagraph (C) and inserting the
following:
``(C) Additional adjustment for carbon monoxide areas.--If,
in addition to being designated as a nonattainment or
maintenance area for ozone as described in section 149(b),
any county within the area was also classified under subpart
3 of part D of title I of the Clean Air Act (42 U.S.C. 7512
et seq.) as a nonattainment or maintenance area described in
section 149(b) for carbon monoxide, the weighted
nonattainment or maintenance area population of the county,
as determined under clauses (i) through (vi) or clause (viii)
of subparagraph (B), shall be further multiplied by a factor
of 1.2.'';
(4) by redesignating subparagraph (D) and (E) as
subparagraphs (E) and (F) respectively; and
(5) by inserting after subparagraph (C) the following:
``(D) Additional adjustment for pm 2.5 areas.--If, in
addition to being designated as a nonattainment or
maintenance area for ozone or carbon monoxide, or both as
described in section 149(b), any county within the area was
also designated under the PM-2.5 standard as a nonattainment
or maintenance area, the weighted nonattainment or
maintenance area population of those counties shall be
further multiplied by a factor of 1.2.''.
(b) Conforming Amendment.--Section 149(c)(2) of title 23,
United States Code, is amended by striking ``104(b)(2)(D)''
and inserting ``104(b)(2)(E)''.

SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.

(a) Eligible Projects.--Section 149(b) of title 23, United
States Code, is amended--
(1) in the matter preceding paragraph (1)(A), by inserting
``or is required to prepare, and file with the Administrator
of the Environmental Protection Agency, maintenance plans
under the Clean Air Act (42 U.S.C. 7401 et seq.),'' after
``1997,'';
(2) in paragraph (4), by striking ``or'' at the end;
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(6) if the project or program is for the purchase of
alternative fuel (as defined in section 301 of the Energy
Policy Act of 1992 (42 U.S.C. 13211)) or biodiesel; or
``(7) if the project or program involves the purchase of
integrated, interoperable emergency communications
equipment.''.
(b) States Receiving Minimum Apportionment.--Section 149(c)
of title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``for any project
eligible under the surface transportation program under
section 133.'' and inserting the following: ``for any project
in the State that--
``(A) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.''; and
(2) in paragraph (2), by striking ``for any project in the
State eligible under section 133.'' and inserting the
following: ``for any project in the State that--
``(A) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.''.
(c) Responsibility of States.--
(1) In general.--Each State shall be responsible for
ensuring that subrecipients of Federal funds within the State
under section 149 of title 23, United States Code, have
emission reduction strategies for fleets that are--
(A) used in construction projects located in nonattainment
and maintenance areas; and
(B) funded under title 23, United States Code.
(2) Emission reduction strategies.--The Administrator of
the Environmental Protection Agency, in consultation with the
Secretary, shall develop a nonbinding list of emission
reduction strategies and supporting technical information for
each strategy, including--
(A) contract preferences;
(B) requirements for the use of anti-idling equipment;
(C) diesel retrofits; and
(D) such other matters as the Administrator of the
Environmental Protection Agency, in consultation with the
Secretary, determine to be appropriate.
(3) Use of cmaq funds.--A State may use funds made
available under this title and title 23, United States Code,
for the congestion mitigation and air quality program under
section 149 of title 23, United States Code, to ensure the
deployment of the emission reduction strategies described in
paragraph (1).

SEC. 1613. IMPROVED INTERAGENCY CONSULTATION.

Section 149 of title 23, United States Code, is amended by
adding at the end the following:
``(g) Interagency Consultation.--The Secretary shall
encourage States and metropolitan planning organizations to
consult with State and local air quality agencies in
nonattainment and maintenance areas on the estimated emission
reductions from proposed congestion mitigation and air
quality improvement programs and projects.''.

SEC. 1614. EVALUATION AND ASSESSMENT OF CMAQ PROJECTS.

Section 149 of title 23, United States Code, is amended by
adding at the end the following:
``(h) Evaluation and Assessment of Projects.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
evaluate and assess a representative sample of projects
funded under the congestion mitigation and air quality
program to--
``(A) determine the direct and indirect impact of the
projects on air quality and congestion levels; and
``(B) ensure the effective implementation of the program.
``(2) Database.--Using appropriate assessments of projects
funded under the congestion mitigation and air quality
program and results from other research, the Secretary shall
maintain and disseminate a cumulative database describing the
impacts of the projects.
``(3) Consideration.--The Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall consider the recommendations and findings of the report
submitted to Congress under section 1110(e) of the
Transportation Equity Act for the 21st Century (112 Stat.
144), including recommendations and findings that would
improve the operation and evaluation of the congestion
mitigation and air quality improvement program under section
149.''.

SEC. 1615. SYNCHRONIZED PLANNING AND CONFORMITY TIMELINES,
REQUIREMENTS, AND HORIZON.

(a) Metropolitan Planning.--
(1) Development of long-range transportation plan.--Section
134(g)(1) of title 23, United States Code, is amended by
striking ``periodically, according to a schedule that the
Secretary determines to be appropriate,'' and inserting
``every 4 years (or more frequently, in a case in which the
metropolitan planning organization elects to update a
transportation plan more frequently) in areas designated as
nonattainment, as defined in section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)), and in areas that were nonattainment
that have been redesignated to attainment in accordance with
section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)), with a
maintenance plan under section 175A of that Act (42 U.S.C.
7505a), or every 5 years (or more frequently, in a case in
which the metropolitan planning organization elects to update
a transportation plan more frequently) in areas designated as
attainment (as defined in section 107(d) of that Act (42
U.S.C. 7407(d))),''.
(2) Metropolitan transportation improvement program.--
Section 134(h) of title 23, United States Code, is amended--
(A) in paragraph (1)(D), by striking ``2 years'' and
inserting ``4 years''; and
(B) in paragraph (2)(A), by striking ``3-year'' and
inserting ``4-year''.
(3) Statewide transportation improvement program.--Section
135(f)(1)(A) of title 23, United States Code, is amended by
inserting after ``program'' the following: ``(which program
shall cover a period of 4 years and be updated every 4
years)''.
(4) Final regulations.--Not later than 18 months after the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005, the Secretary
shall promulgate regulations that are consistent with the
amendments made by this subsection.
(b) Synchronized Conformity Determination.--Section 176(c)
of the Clean Air Act (42 U.S.C. 7506(c)) is amended--
(1) in paragraph (2)--
(A) by striking ``(2) Any transportation plan'' and
inserting the following:
``(2) Transportation plans and programs.--Any
transportation plan'';
(B) in subparagraph (C)(iii), by striking the period at the
end and inserting a semicolon;
(C) in subparagraph (D)--

[[Page S4684]]

(i) by striking ``Any project'' and inserting ``any
transportation project''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(E) the appropriate metropolitan planning organization
shall redetermine conformity of existing transportation plans
and programs not later than 2 years after the date on which
the Administrator--
``(i) finds a motor vehicle emissions budget to be adequate
in accordance with section 93.118(e)(4) of title 40, Code of
Federal Regulations (as in effect on October 1, 2004);
``(ii) approves an implementation plan that establishes a
motor vehicle emissions budget, if that budget has not yet
been used in a conformity determination prior to approval; or
``(iii) promulgates an implementation plan that establishes
or revises a motor vehicle emissions budget.'';
(2) in paragraph (4)(B)(ii), by striking ``but in no case
shall such determinations for transportation plans and
programs be less frequent than every 3 years; and'' and
inserting ``but the frequency for making conformity
determinations on updated transportation plans and programs
shall be every 4 years, except in a case in which--

``(I) the metropolitan planning organization elects to
update a transportation plan or program more frequently; or
``(II) the metropolitan planning organization is required
to determine conformity in accordance with paragraph (2)(E);
and'';

(3) in paragraph (4)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) address the effects of the most recent population,
economic, employment, travel, transit ridership, congestion,
and induced travel demand information in the development and
application of the latest travel and emissions models.''; and
(4) by adding at the end the following:
``(7) Conformity horizon for transportation plans.--
``(A) In general.--For the purposes of this section, a
transportation plan in a nonattainment or maintenance area
shall be considered to be a transportation plan or a portion
of a transportation plan that extends for the longest of the
following periods:
``(i) The first 10-year period of any such transportation
plan.
``(ii) The latest year in the implementation plan
applicable to the area that contains a motor vehicle emission
budget.
``(iii) The year after the completion date of a regionally
significant project, if the project requires approval before
the subsequent conformity determination.
``(B) Exception.--In a case in which an area has a revision
to an implementation plan under section 175A(b) and the
Administrator has found the motor vehicle emissions budgets
from that revision to be adequate in accordance with section
93.118(e)(4) of title 40, Code of Federal Regulations (as in
effect on October 1, 2004), or has approved the revision, the
transportation plan shall be considered to be a
transportation plan or portion of a transportation plan that
extends through the last year of the implementation plan
required under section 175A(b).
``(8) Definitions.--In this subsection:
``(A) Regionally significant project.--
``(i) In general.--The term `regionally significant
project' means a transportation project that is on a facility
that serves a regional transportation need, including--

``(I) access to and from the area outside of the region;
``(II) access to and from major planned developments,
including new retail malls, sports complexes, or
transportation terminals; and
``(III) most transportation terminals.

``(ii) Principal arterials and fixed guideways.--The term
`regionally significant project' includes, at a minimum--

``(I) all principal arterial highways; and
``(II) all fixed guideway transit facilities that offer an
alternative to regional highway travel.

``(iii) Additional projects.--The interagency consultation
process and procedures described in section 93.105(c) of
title 40, Code of Federal Regulations (as in effect on
October 1, 2004), shall be used to make determinations as to
whether minor arterial highways and other transportation
projects should be considered `regionally significant
projects'.
``(iv) Exclusions.--The term `regionally significant
project' does not include any project of a type listed in
sections 93.126 or 127 of title 40, Code of Federal
Regulations (as in effect on October 1, 2004).
``(B) Significant revision.--The term `significant
revision' means--
``(i) with respect to a regionally significant project, a
significant change in design concept or scope to the project;
and
``(ii) with respect to any other kind of project, a change
that converts a project that is not a regionally significant
project into a regionally significant project.
``(C) Transportation project.--The term `transportation
project' includes only a project that is--
``(i) a regionally significant project; or
``(ii) a project that makes a significant revision to an
existing project.''.

SEC. 1616. TRANSITION TO NEW AIR QUALITY STANDARDS.

Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is
amended by striking paragraph (3) and inserting the
following:
``(3) Methods of conformity determination before budget is
available.--
``(A) In general.--Until such time as a motor vehicle
emission budget from an implementation plan submitted for a
national ambient air quality standard is determined to be
adequate in accordance with section 93.118(e)(4) of title 40,
Code of Federal Regulations (as in effect on October 1,
2004), or the submitted implementation plan is approved,
conformity of such a plan, program, or project shall be
demonstrated, in accordance with clauses (i) and (ii) and as
selected through the consultation process required under
paragraph (4)(D)(i), with--
``(i) a motor vehicle emission budget that has been found
adequate in accordance with section 93.118(e)(4) of title 40,
Code of Federal Regulations (as in effect on October 1,
2004), or that has been approved, from an implementation plan
for the most recent prior applicable national ambient air
quality standard addressing the same pollutant; or
``(ii) other such tests as the Administrator shall
determine to ensure that--

``(I) the transportation plan or program--

``(aa) is consistent with the most recent estimates of
mobile source emissions;
``(bb) provides for the expeditious implementation of
transportation control measures in the applicable
implementation plan; and
``(cc) with respect to an ozone or carbon monoxide
nonattainment area, contributes to annual emissions
reductions consistent with sections 182(b)(1) and 187(a)(7);
and

``(II) the transportation project--

``(aa) comes from a conforming transportation plan and
program described in this subparagraph; and
``(bb) in a carbon monoxide nonattainment area, eliminates
or reduces the severity and number of violations of the
carbon monoxide standards in the area substantially affected
by the project.
``(B) Determination for a transportation project in a
carbon monoxide nonattainment area.--A determination under
subparagraph (A)(ii)(II)(bb) may be made as part of either
the conformity determination for the transportation program
or for the individual transportation project taken as a whole
during the environmental review phase of transportation
project development.''.

SEC. 1617. REDUCED BARRIERS TO AIR QUALITY IMPROVEMENTS.

Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) (as
amended by section 1615(b)(4)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) Substitution for transportation control measures.--
``(A) In general.--Transportation control measures that are
specified in an implementation plan may be replaced or added
to the implementation plan with alternate or additional
transportation control measures if--
``(i) the substitute measures achieve equivalent or greater
emissions reductions than the control measure to be replaced,
as demonstrated with an analysis that is consistent with the
current methodology used for evaluating the replaced control
measure in the implementation plan;
``(ii) the substitute control measures are implemented--

``(I) in accordance with a schedule that is consistent with
the schedule provided for control measures in the
implementation plan; or
``(II) if the implementation plan date for implementation
of the control measure to be replaced has passed, as soon as
practicable after the implementation plan date but not later
than the date on which emission reductions are necessary to
achieve the purpose of the implementation plan;

``(iii) the substitute and additional control measures are
accompanied with evidence of adequate personnel, funding, and
authority under State or local law to implement, monitor, and
enforce the control measures;
``(iv) the substitute and additional control measures were
developed through a collaborative process that included--

``(I) participation by representatives of all affected
jurisdictions (including local air pollution control
agencies, the State air pollution control agency, and State
and local transportation agencies);
``(II) consultation with the Administrator; and
``(III) reasonable public notice and opportunity for
comment; and

``(v) the metropolitan planning organization, State air
pollution control agency, and the Administrator concur with
the equivalency of the substitute or additional control
measures.
``(B) Adoption.--After carrying out subparagraph (A), a
State shall adopt the substitute or additional transportation
control measure in the applicable implementation plan.
``(C) No requirement for express permission.--The
substitution or addition of a transportation control measure
in accordance with this paragraph shall not be contingent on
there being any provision in the implementation plan that
expressly permits such a substitution or addition.
``(D) No requirement for new conformity determination.--The
substitution or addition of a transportation control measure
in accordance with this paragraph shall not require--
``(i) a new conformity determination for the transportation
plan; or

[[Page S4685]]

``(ii) a revision of the implementation plan.
``(E) Continuation of control measure being replaced.--A
control measure that is being replaced by a substitute
control measure under this paragraph shall remain in effect
until the substitute control measure is adopted by the State
pursuant to subparagraph (B).
``(F) Effect of adoption.--Adoption of a substitute control
measure shall constitute rescission of the previously
applicable control measure.''.

SEC. 1618. AIR QUALITY MONITORING DATA INFLUENCED BY
EXCEPTIONAL EVENTS.

(a) In General.--Section 319 of the Clean Air Act (42
U.S.C. 7619) is amended--
(1) by striking the section heading and all that follows
through ``after notice and opportunity for public hearing''
and inserting the following:

``SEC. 319. AIR QUALITY MONITORING.

``(a) In General.--After notice and opportunity for public
hearing''; and
(2) by adding at the end the following:
``(b) Air Quality Monitoring Data Influenced by Exceptional
Events.--
``(1) Definition of exceptional event.--In this section:
``(A) In general.--The term `exceptional event' means an
event that--
``(i) affects air quality;
``(ii) is not reasonably controllable or preventable;
``(iii) is--

``(I) a natural event; or
``(II) an event caused by human activity that is unlikely
to recur at a particular location; and

``(iv) is determined by the Administrator through the
process established in the regulations promulgated under
paragraph (2) to be an exceptional event.
``(B) Exclusions.--The term `exceptional event' does not
include--
``(i) stagnation of air masses or meteorological
inversions;
``(ii) a meteorological event involving high temperatures
or lack of precipitation; or
``(iii) air pollution relating to source noncompliance.
``(2) Regulations.--
``(A) Proposed regulations.--Not later than March 1, 2006,
after consultation with Federal land managers and State air
pollution control agencies, the Administrator shall publish
in the Federal Register proposed regulations governing the
review and handling of air quality monitoring data influenced
by exceptional events.
``(B) Final regulations.--Not later than 1 year after the
date on which the Administrator publishes proposed
regulations under subparagraph (A), and after providing an
opportunity for interested persons to make oral presentations
of views, data, and arguments regarding the proposed
regulations, the Administrator shall promulgate final
regulations governing the review and handling or air quality
monitoring data influenced by an exceptional event that are
consistent with paragraph (3).
``(3) Principles and requirements.--
``(A) Principles.--In promulgating regulations under this
section, the Administrator shall follow--
``(i) the principle that protection of public health is the
highest priority;
``(ii) the principle that timely information should be
provided to the public in any case in which the air quality
is unhealthy;
``(iii) the principle that all ambient air quality data
should be included in a timely manner, an appropriate Federal
air quality database that is accessible to the public;
``(iv) the principle that each State must take necessary
measures to safeguard public health regardless of the source
of the air pollution; and
``(v) the principle that air quality data should be
carefully screened to ensure that events not likely to recur
are represented accurately in all monitoring data and
analyses.
``(B) Requirements.--Regulations promulgated under this
section shall, at a minimum, provide that--
``(i) the occurrence of an exceptional event must be
demonstrated by reliable, accurate data that is promptly
produced and provided by Federal, State, or local government
agencies;
``(ii) a clear causal relationship must exist between the
measured exceedances of a national ambient air quality
standard and the exceptional event to demonstrate that the
exceptional event caused a specific air pollution
concentration at a particular air quality monitoring
location;
``(iii) there is a public process for determining whether
an event is exceptional; and
``(iv) there are criteria and procedures for the Governor
of a State to petition the Administrator to exclude air
quality monitoring data that is directly due to exceptional
events from use in determinations by the Environmental
Protection Agency with respect to exceedances or violations
of the national ambient air quality standards.
``(4) Interim provision.--Until the effective date of a
regulation promulgated under paragraph (2), the following
guidance issued by the Administrator shall continue to apply:
``(A) Guidance on the identification and use of air quality
data affected by exceptional events (July 1986).
``(B) Areas affected by PM-10 natural events, May 30, 1996.
``(C) Appendices I, K, and N to part 50 of title 40, Code
of Federal Regulations.''.

SEC. 1619. CONFORMING AMENDMENTS.

Section 176(c)(4) of the Clean Air Act (42 U.S.C.
7506(c)(4) is amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (D) through (F), respectively;
(2) by striking ``(4)(A) No later than one year after the
date of enactment of the Clean Air Act Amendments of 1990,
the Administrator shall promulgate'' and inserting the
following:
``(4) Criteria and procedures for determining conformity.--
``(A) In general.--The Administrator shall promulgate, and
periodically update,'';
(3) in subparagraph (A)--
(A) in the second sentence, by striking ``No later than one
year after such date of enactment, the Administrator, with
the concurrence of the Secretary of Transportation, shall
promulgate'' and inserting the following:
``(B) Transportation plans, programs, and projects.--The
Administrator, with the concurrence of the Secretary of
Transportation, shall promulgate, and periodically update,'';
and
(B) in the third sentence, by striking ``A suit'' and
inserting the following:
``(C) Civil action to compel promulgation.--A civil
action''; and
(4) by striking subparagraph (E) (as redesignated by
paragraph (1)) and inserting the following:
``(E) Inclusion of criteria and procedures in sip.--Not
later than 2 years after the date of enactment of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2005, the procedures under subparagraph (A) shall
include a requirement that each State include in the State
implementation plan criteria and procedures for consultation
in accordance with the Administrator's criteria and
procedures for consultation required by subparagraph
(D)(i).''.

SEC. 1620. HIGHWAY STORMWATER DISCHARGE MITIGATION PROGRAM.

(a) Highway Stormwater Mitigation Projects.--Section 133(d)
of title 23, United States Code (as amended by section
1401(a)(2)(B)), is amended by adding at the end the
following:
``(5) Highway stormwater discharge mitigation projects.--Of
the amount apportioned to a State under section 104(b)(3) for
a fiscal year, 2 percent shall be available only for projects
and activities carried out under section 167.''.
(b) Highway Stormwater Discharge Mitigation Program.--
Subchapter I of chapter 1 of title 23, United States Code (as
amended by section 1601(a)), is amended by adding at the end
the following:

``Sec. 167. Highway stormwater discharge mitigation program

``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Eligible mitigation project.--The term `eligible
mitigation project' means a practice or technique that--
``(A) improves stormwater discharge water quality;
``(B) attains preconstruction hydrology;
``(C) promotes infiltration of stormwater into groundwater;
``(D) recharges groundwater;
``(E) minimizes stream bank erosion;
``(F) promotes natural filters;
``(G) otherwise mitigates water quality impacts of highway
stormwater discharges, improves surface water quality, or
enhances groundwater recharge; or
``(H) reduces flooding caused by highway stormwater
discharge.
``(3) Federal-aid highway and associated facility.--The
term `Federal-aid highway and associated facility' means--
``(A) a Federal-aid highway; or
``(B) a facility or land owned by a State (or political
subdivision of a State) that is directly associated with the
Federal-aid highway.
``(4) Highway stormwater discharge.--The term `highway
stormwater discharge' means stormwater discharge from a
Federal-aid highway, or a Federal-aid highway and associated
facility, that was constructed before the date of enactment
of this section.
``(5) Highway stormwater discharge mitigation.--The term
`highway stormwater discharge mitigation' means--
``(A) the reduction of water quality impacts of stormwater
discharges from Federal-aid highways or Federal-aid highways
and associated facilities; or
``(B) the enhancement of groundwater recharge from
stormwater discharges from Federal-aid highways or Federal-
aid highways and associated facilities.
``(6) Program.--The term `program' means the highway
stormwater discharge mitigation program established under
subsection (b).
``(b) Establishment.--The Secretary shall establish a
highway stormwater discharge mitigation program--
``(1) to improve the quality of stormwater discharge from
Federal-aid highways or Federal-aid highways and associated
facilities; and
``(2) to enhance groundwater recharge.
``(c) Priority of Projects.--For projects funded from the
allocation under section 133(d)(6), a State shall give
priority to projects sponsored by a State or local government
that assist the State or local government in complying with
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
``(d) Guidance.--

[[Page S4686]]

``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary, in consultation
with the Administrator, shall issue guidance to assist States
in carrying out this section.
``(2) Requirements for guidance.--The guidance issued under
paragraph (1) shall include information concerning innovative
technologies and nonstructural best management practices to
mitigate highway stormwater discharges.''.
(c) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1601(b), is amended by inserting after the item
relating to section 166 the following:

``167. Highway stormwater discharge mitigation program.''.

SEC. 1621. FUNDS FOR REBUILDING FISH STOCKS.

Section 105 of the Miscellaneous Appropriations and Offsets
Act, 2004 (Division H of the Consolidated Appropriations Act,
2004 (Public Law 108-199)) is repealed.

SEC. 1622. FEDERAL PROCUREMENT OF RECYCLED COOLANT.

(a) In General.--Not later than 90 days after the date of
enactment of this Act, the President shall conduct a review
of Federal procurement policy of off-site recycled coolant.
(b) Elements.--In conducting the review under subsection
(a), the President shall consider recycled coolant produced
from processes that--
(1) are energy efficient;
(2) generate no hazardous waste (as defined in section 1004
of the Solid Waste Disposal Act (42 U.S.C. 6903));
(3) produce no emissions of air pollutants;
(4) present lower health and safety risks to employees at a
plant or facility; and
(5) recover at least 97 percent of the glycols from used
antifreeze feedstock.

Subtitle G--Operations

SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.

(a) Surface Transportation Program Eligibility.--Section
133(b) of title 23, United States Code (as amended by section
1601(a)(2)), is amended by adding at the end the following:
``(16) Regional transportation operations collaboration and
coordination activities that are associated with regional
improvements, such as traffic incident management, technology
deployment, emergency management and response, traveler
information, and regional congestion relief.
``(17) Rush hour congestion relief.--
``(A) In general.--Subject to subparagraph (B), a State may
spend the funds apportioned under this section to reduce
traffic delays caused by motor vehicle accidents and
breakdowns on highways during peak driving times.
``(B) Use of funds.--A State, metropolitan planning
organization, or local government may use the funds under
subparagraph (A)--
``(i) to develop a region-wide coordinated plan to mitigate
traffic delays caused by motor vehicle accidents and
breakdowns;
``(ii) to purchase or lease telecommunications equipment
for first responders;
``(iii) to purchase or lease towing and recovery services;
``(iv) to pay contractors for towing and recovery;
``(v) to rent vehicle storage areas adjacent to roadways;
``(vi) to fund service patrols, equipment, and operations;
``(vii) to purchase incident detection equipment;
``(viii) to carry out training.''.
(b) Congestion Mitigation and Air Quality Improvement
Program Eligibility.--Section 149(b)(5) of title 23, United
States Code, is amended by inserting ``improve transportation
systems management and operations,'' after
``intersections,''.
(c) Transportation Systems Management and Operations.--
(1) In general.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1620(b)), is
amended by adding at the end the following:

``Sec. 168. Transportation systems management and operations

``(a) In General.--The Secretary shall carry out a
transportation systems management and operations program to--
``(1) ensure efficient and effective management and
operation of transportation systems through collaboration,
coordination, and real-time information sharing at a regional
and Statewide level among--
``(A) managers and operators of major modes of
transportation;
``(B) public safety officials; and
``(C) the general public; and
``(2) manage and operate transportation systems in a
coordinated manner to preserve the capacity and maximize the
performance of transportation facilities for travelers and
carriers.
``(b) Authorized Activities.--
``(1) In general.--In carrying out the program under
subsection (a), the Secretary may carry out activities to--
``(A) encourage managers and operators of major modes of
transportation, public safety officials, and transportation
planners in urbanized areas that are responsible for
conducting the day-to-day management, operations, public
safety, and planning of transportation facilities and
services to collaborate on and coordinate, on a regional
level and in a continuous and sustained manner, improved
transportation systems management and operations; and
``(B) encourage States to--
``(i) establish a system of basic real-time monitoring for
the surface transportation system; and
``(ii) provide the means to share the data gathered under
clause (i) among--

``(I) highway, transit, and public safety agencies;
``(II) jurisdictions (including States, cities, counties,
and metropolitan planning organizations);
``(III) private-sector entities; and
``(IV) the general public.

``(2) Activities.--Activities to be carried out under
paragraph (1) include--
``(A) developing a regional concept of operations that
defines a regional strategy shared by all transportation and
public safety participants with respect to the manner in
which the transportation systems of the region should be
managed, operated, and measured;
``(B) the sharing of information among operators, service
providers, public safety officials, and the general public;
and
``(C) guiding, in a regionally-coordinated manner and in a
manner consistent with and integrated into the metropolitan
and statewide transportation planning processes and regional
intelligent transportation system architecture, the
implementation of regional transportation system management
and operations initiatives, including--
``(i) emergency evacuation and response;
``(ii) traffic incident management;
``(iii) technology deployment; and
``(iv) traveler information systems delivery.
``(c) Cooperation.--In carrying out the program under
subsection (a), the Secretary may assist and cooperate with
other Federal agencies, State and local governments,
metropolitan planning organizations, private industry, and
other interested parties to improve regional collaboration
and real-time information sharing between managers and
operators of major modes of transportation, public safety
officials, emergency managers, and the general public to
increase the security, safety, and reliability of Federal-aid
highways.
``(d) Guidance; Regulations.--
``(1) In general.--In carrying out the program under
subsection (a), the Secretary may issue guidance or
promulgate regulations for the procurement of transportation
system management and operations facilities, equipment, and
services, including--
``(A) equipment procured in preparation for natural
disasters, disasters caused by human activity, and
emergencies;
``(B) system hardware;
``(C) software; and
``(D) software integration services.
``(2) Considerations.--In developing the guidance or
regulations under paragraph (1), the Secretary may consider
innovative procurement methods that support the timely and
streamlined execution of transportation system management and
operations programs and projects.
``(3) Financial assistance.--The Secretary may authorize
the use of funds made available under section 104(b)(3) to
provide assistance for regional operations collaboration and
coordination activities that are associated with regional
improvements, such as--
``(A) traffic incident management;
``(B) technology deployment;
``(C) emergency management and response;
``(D) traveler information; and
``(E) congestion relief.''.
(2) Conforming amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1620(c)), is amended by adding at the end:

``168. Transportation systems management and operations.''.

SEC. 1702. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1701(c)(1)), is
amended by adding at the end the following:

``Sec. 169. Real-time system management information program

``(a) In General.--The Secretary shall carry out a real-
time system management information program to--
``(1) provide a nationwide system of basic real-time
information for managing and operating the surface
transportation system;
``(2)(A) identify long-range real-time highway and transit
monitoring needs; and
``(B) develop plans and strategies for meeting those needs;
``(3) provide the capability and means to share the basic
real-time information with State and local governments and
the traveling public; and
``(4) provide the nationwide capability to monitor, in
real-time, the traffic and travel conditions of major
highways in the United States, and to share that information
with State and local governments and the traveling public,
to--
``(A) improve the security of the surface transportation
system;
``(B) address congestion problems;
``(C) support improved response to weather events; and
``(D) facilitate the distribution of national and regional
traveler information.
``(b) Data Exchange Formats.--Not later than 1 year after
the date of enactment of this section, the Secretary shall
establish data exchange formats to ensure that the data
provided by highway and transit monitoring systems (including
statewide incident reporting systems) can readily be
exchanged

[[Page S4687]]

between jurisdictions to facilitate the nationwide
availability of information on traffic and travel conditions.
``(c) Statewide Incident Reporting System.--Not later than
2 years after the date of enactment of this section, or not
later than 5 years after the date of enactment of this
section if the Secretary determines that adequate real-time
communications capability will not be available within 2
years after the date of enactment of this section, each State
shall establish a statewide incident reporting system to
facilitate the real-time electronic reporting of highway and
transit incidents to a central location for use in--
``(1) monitoring an incident;
``(2) providing accurate traveler information on the
incident; and
``(3) responding to the incident as appropriate.
``(d) Regional ITS Architecture.--
``(1) In general.--In developing or updating regional
intelligent transportation system architectures under section
940.9 of title 23, Code of Federal Regulations (or any
successor regulation), States and local governments shall
address--
``(A) the real-time highway and transit information needs
of the State or local government, including coverage,
monitoring systems, data fusion and archiving, and methods of
exchanging or sharing information; and
``(B) the systems needed to meet those needs.
``(2) Data exchange formats.--In developing or updating
regional intelligent transportation system architectures,
States and local governments are encouraged to incorporate
the data exchange formats developed by the Secretary under
subsection (b) to ensure that the data provided by highway
and transit monitoring systems can readily be--
``(A) exchanged between jurisdictions; and
``(B) shared with the traveling public.
``(e) Eligible Funding.--Subject to project approval by the
Secretary, a State may--
``(1) use funds available to the State under section 505(a)
to carry out activities relating to the planning of real-time
monitoring elements; and
``(2) use funds apportioned to the State under paragraphs
(1) and (3) of section 104(b) to carry out activities
relating to the planning and deployment of real-time
monitoring elements.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1701(c)(2)), is amended adding at the end the
following:

``169. Real-time system management information program.''.

SEC. 1703. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.

Section 112(b)(2) of title 23, United States Code, is
amended--
(1) in subparagraph (A), by striking ``title 40'' and all
that follows through the period and inserting ``title 40.'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) through (F) as
subparagraphs (B) through (E), respectively; and
(4) by striking subparagraph (G).

SEC. 1704. DESIGNATION OF TRANSPORTATION MANAGEMENT AREAS.

(a) Funding.--Section 134(d)(3)(C)(ii) of title 23, United
States Code, is amended by striking subclause (II) and
inserting the following:

``(II) Funding.--In addition to funds made available to the
metropolitan planning organization for the Lake Tahoe Region
under this title and chapter 53 of title 49, 1 percent of all
funds distributed under section 202 shall be used to carry
out the transportation planning process for the Lake Tahoe
region under this subparagraph.''.

(b) Special Designation.--For the purpose of any applicable
program under title 23, United States Code, the city of
Norman, Oklahoma, shall be considered to be part of the
Oklahoma City urbanized area.

Subtitle H--Federal-Aid Stewardship

SEC. 1801. FUTURE INTERSTATE SYSTEM ROUTES.

Section 103(c)(4)(B) of title 23, United States Code, is
amended--
(1) in clause (ii), by striking ``12'' and inserting
``20''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``in the agreement
between the Secretary and the State or States''; and
(B) by adding at the end the following:

``(III) Existing agreements.--An agreement described in
clause (ii) that is entered into before the date of enactment
of this subparagraph shall be deemed to include the 20-year
time limitation described in that clause, regardless of any
earlier construction completion date in the agreement.''.

SEC. 1802. STEWARDSHIP AND OVERSIGHT.

(a) In General.--Section 106 of title 23, United States
Code, is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Value Engineering Analysis.--
``(1) Definition of value engineering analysis.--
``(A) In general.--In this subsection, the term `value
engineering analysis' means a systematic process of review
and analysis of a project, during the concept and design
phases, by a multidisciplined team of persons not involved in
the project, that is conducted to provide recommendations
such as those described in subparagraph (B) for--
``(i) providing the needed functions safely, reliably, and
at the lowest overall cost;
``(ii) improving the value and quality of the project; and
``(iii) reducing the time to complete the project.
``(B) Inclusions.--The recommendations referred to in
subparagraph (A) include, with respect to a project--
``(i) combining or eliminating otherwise inefficient use of
costly parts of the original proposed design for the project;
and
``(ii) completely redesigning the project using different
technologies, materials, or methods so as to accomplish the
original purpose of the project.
``(2) Analysis.--The State shall provide a value
engineering analysis or other cost-reduction analysis for--
``(A) each project on the Federal-Aid System with an
estimated total cost of $25,000,000 or more;
``(B) a bridge project with an estimated total cost of
$20,000,000 or more; and
``(C) any other project the Secretary determines to be
appropriate.
``(3) Major projects.--The Secretary may require more than
1 analysis described in paragraph (2) for a major project
described in subsection (h).
``(4) Requirements.--Analyses described in paragraph (1)
for a bridge project shall--
``(A) include bridge substructure requirements based on
construction material; and
``(B) be evaluated--
``(i) on engineering and economic bases, taking into
consideration acceptable designs for bridges; and
``(ii) using an analysis of life-cycle costs and duration
of project construction.''; and
(2) by striking subsections (g) and (h) and inserting the
following:
``(g) Oversight Program.--
``(1) Program.--
``(A) In general.--The Secretary shall establish an
oversight program to monitor the effective and efficient use
of funds made available under this title.
``(B) Minimum requirements.--At a minimum, the program
shall monitor and respond to all areas relating to financial
integrity and project delivery.
``(2) Financial integrity.--
``(A) Financial management systems.--
``(i) In general.--The Secretary shall perform annual
reviews of the financial management systems of State
transportation departments that affect projects approved
under subsection (a).
``(ii) Review areas.--In carrying out clause (i), the
Secretary shall use risk assessment procedures to identify
areas to be reviewed.
``(B) Project costs.--The Secretary shall--
``(i) develop minimum standards for estimating project
costs; and
``(ii) periodically evaluate practices of the States for--

``(I) estimating project costs;
``(II) awarding contracts; and
``(III) reducing project costs.

``(C) Responsibility of the states.--
``(i) In general.--Each State shall be responsible for
ensuring that subrecipients of Federal funds within the State
under this section have--

``(I) sufficient accounting controls to properly manage the
Federal funds; and
``(II) adequate project delivery systems for projects
approved under this section.

``(ii) Review by secretary.--The Secretary shall
periodically review monitoring by the States of those
subrecipients.
``(3) Project delivery.--The Secretary shall--
``(A) perform annual reviews of the project delivery system
of each State, including analysis of 1 or more activities
that are involved in the life cycle of a project; and
``(B) employ risk assessment procedures to identify areas
to be reviewed.
``(4) Specific oversight responsibilities.--Nothing in this
section discharges or otherwise affects any oversight
responsibility of the Secretary--
``(A) specifically provided for under this title or other
Federal law; or
``(B) for the design and construction of all Appalachian
development highways under section 14501 of title 40 or
section 170 of this title.
``(h) Major Projects.--
``(1) In general.--Notwithstanding any other provision of
this section, a recipient of Federal financial assistance for
a project under this title with an estimated total cost of
$1,000,000,000 or more, and recipients for such other
projects as may be identified by the Secretary, shall submit
to the Secretary for each project--
``(A) a project management plan; and
``(B) an annual financial plan.
``(2) Project management plan.--A project management plan
shall document--
``(A) the procedures and processes that are in effect to
provide timely information to the project decisionmakers to
effectively manage the scope, costs, schedules, and quality
of, and the Federal requirements applicable to, the project;
and
``(B) the role of the agency leadership and management team
in the delivery of the project.
``(3) Financial plan.--A financial plan shall--
``(A) be based on detailed estimates of the cost to
complete the project; and
``(B) provide for the annual submission of updates to the
Secretary that are based on reasonable assumptions, as
determined by the Secretary, of future increases in the cost
to complete the project.

[[Page S4688]]

``(i) Other Projects.--A recipient of Federal financial
assistance for a project under this title that receives
$100,000,000 or more in Federal assistance for the project,
and that is not covered by subsection (h), shall prepare, and
make available to the Secretary at the request of the
Secretary, an annual financial plan for the project.''.
(b) Conforming Amendments.--
(1) Section 114(a) of title 23, United States Code, is
amended--
(A) in the first sentence by striking ``highways or
portions of highways located on a Federal-aid system'' and
inserting ``Federal-aid highway or a portion of a Federal-aid
highway''; and
(B) by striking the second sentence and inserting ``The
Secretary shall have the right to conduct such inspections
and take such corrective action as the Secretary determines
to be appropriate.''.
(2) Section 117 of title 23, United States Code, is
amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively.
(c) Sharing Fraud Monetary Recoveries.--
(1) In general.--Section 307 of title 49, United States
Code, is amended to read as follows:

``Sec. 307. Sharing fraud monetary recoveries

``(a) In General.--Notwithstanding any other provision of
law--
``(1) monetary judgments accruing to the Federal Government
from judgments in Federal criminal prosecutions and civil
judgments pertaining to fraud in highway and transit programs
shall be shared with the State or local transit agency
involved; and
``(2) the State or local transit agency shall use the funds
for transportation infrastructure and oversight activities
relating to programs authorized under title 23 and this
title.
``(b) Amount.--The amount of recovered funds to be shared
with an affected State or local transit agency shall be--
``(1) determined by the Attorney General, in consultation
with the Secretary; and
``(2) considered to be Federal funds to be used in
compliance with other relevant Federal transportation laws
(including regulations).
``(c) Fraudulent Activity.--Subsection (a) shall not apply
in any case in which a State or local transit agency is found
by the Attorney General, in consultation with the Secretary,
to have been involved or negligent with respect to the
fraudulent activities.''.
(2) Conforming amendment.--The analysis for chapter 3 of
title 49, United States Code, is amended by striking the item
relating to section 307 and inserting the following:

``307. Sharing fraud monetary recoveries.''.

SEC. 1803. DESIGN-BUILD CONTRACTING.

Section 112(b)(3) of title 23, United States Code, is
amended by striking subparagraph (C) and inserting the
following:
``(C) Qualified projects.--A qualified project referred to
in subparagraph (A) is a project under this chapter
(including intermodal projects) for which the Secretary has
approved the use of design-build contracting under criteria
specified in regulations promulgated by the Secretary.''.

SEC. 1804. PROGRAM EFFICIENCIES--FINANCE.

(a) Advance Construction.--Section 115 of title 23, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by redesignating subsections (a)(2), (a)(2)(A), and
(a)(2)(B) as subsections (c), (c)(1), and (c)(2),
respectively, and indenting appropriately;
(3) by striking ``(a) Congestion'' and all that follows
through subsection (a)(1)(B);
(4) by striking subsection (b); and
(5) by inserting after the section heading the following:
``(a) In General.--The Secretary may authorize a State to
proceed with a project authorized under this title--
``(1) without the use of Federal funds; and
``(2) in accordance with all procedures and requirements
applicable to the project other than those procedures and
requirements that limit the State to implementation of a
project--
``(A) with the aid of Federal funds previously apportioned
or allocated to the State; or
``(B) with obligation authority previously allocated to the
State.
``(b) Obligation of Federal Share.--The Secretary, on the
request of a State and execution of a project agreement, may
obligate all or a portion of the Federal share of the project
authorized under this section from any category of funds for
which the project is eligible.''.
(b) Obligation and Release of Funds.--Section 118 of title
23, United States Code, is amended by striking subsection (d)
and inserting the following:
``(d) Obligation and Release of Funds.--
``(1) In general.--Funds apportioned or allocated to a
State for a particular purpose for any fiscal year shall be
considered to be obligated if a sum equal to the total of the
funds apportioned or allocated to the State for that purpose
for that fiscal year and previous fiscal years is obligated.
``(2) Released funds.--Any funds released by the final
payment for a project, or by modifying the project agreement
for a project, shall be--
``(A) credited to the same class of funds previously
apportioned or allocated to the State; and
``(B) immediately available for obligation.
``(3) Net obligations.--Notwithstanding any other provision
of law (including a regulation), obligations recorded against
funds made available under this section shall be recorded and
reported as net obligations.''.

SEC. 1805. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.

Section 118(c)(1) of title 23, United States Code, is
amended--
(1) by striking ``$50,000,000'' and all that follows
through ``2003'' and inserting ``$93,862,893 for each of
fiscal years 2005 through 2009''; and
(2) by striking ``Transportation Equity Act for the 21st
Century'' and inserting ``Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005''.

SEC. 1806. FEDERAL LANDS HIGHWAYS PROGRAM.

(a) Federal Share Payable.--
(1) In general.--Section 120(k) of title 23, United States
Code, is amended--
(A) by striking ``Federal-aid highway''; and
(B) by striking ``section 104'' and inserting ``this title
or chapter 53 of title 49''.
(2) Technical references.--Section 120(l) of title 23,
United States Code, is amended by striking ``section 104''
and inserting ``this title or chapter 53 of title 49''.
(b) Payments to Federal Agencies for Federal-Aid
Projects.--Section 132 of title 23, United States Code, is
amended--
(1) by striking the first 2 sentences and inserting the
following:
``(a) In General.--In a case in which a proposed Federal-
aid project is to be undertaken by a Federal agency in
accordance with an agreement between a State and the Federal
agency, the State may--
``(1) direct the Secretary to transfer the funds for the
Federal share of the project directly to the Federal agency;
or
``(2) make such deposit with, or payment to, the Federal
agency as is required to meet the obligation of the State
under the agreement for the work undertaken or to be
undertaken by the Federal agency.
``(b) Reimbursement.--On execution of a project agreement
with a State described in subsection (a), the Secretary may
reimburse the State, using any available funds, for the
estimated Federal share under this title of the obligation of
the State deposited or paid under subsection (a)(2).''; and
(2) in the last sentence, by striking ``Any sums'' and
inserting the following:
``(c) Recovery and Crediting of Funds.--Any sums''.
(c) Allocations.--Section 202 of title 23, United States
Code, is amended--
(1) in subsection (a), by striking ``(a) On October 1'' and
all that follows through ``Such allocation'' and inserting
the following:
``(a) Allocation Based on Need.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall allocate sums authorized to be appropriated
for the fiscal year for forest development roads and trails
according to the relative needs of the various national
forests and grasslands.
``(2) Planning.--The allocation under paragraph (1)'';
(2) by striking subsection (b) and inserting the following:
``(b) Allocation for Public Lands Highways.--
``(1) Public lands highways.--
``(A) In general.--On October 1 of each fiscal year, the
Secretary shall allocate 33\1/3\ percent of the sums
authorized to be appropriated for that fiscal year for public
lands highways among those States having unappropriated or
unreserved public lands, or nontaxable Indian lands or other
Federal reservations, on the basis of need in the States,
respectively, as determined by the Secretary, on application
of the State transportation departments of the respective
States.
``(B) Preference.--In making the allocation under
subparagraph (A), the Secretary shall give preference to
those projects that are significantly impacted by Federal
land and resource management activities that are proposed by
a State that contains at least 3 percent of the total public
land in the United States.
``(2) Forest highways.--
``(A) In general.--On October 1 of each fiscal year, the
Secretary shall allocate 66\2/3\ percent of the funds
authorized to be appropriated for public lands highways for
forest highways in accordance with section 134 of the
Federal-Aid Highway Act of 1987 (23 U.S.C. 202 note; 101
Stat. 173).
``(B) Public access to and within national forest system.--
In making the allocation under subparagraph (A), the
Secretary shall give equal consideration to projects that
provide access to and within the National Forest System, as
identified by the Secretary of Agriculture through--
``(i) renewable resource and land use planning; and
``(ii) assessments of the impact of that planning on
transportation facilities.'';
(3) in subsection (c)--
(A) by striking ``(c) On'' and inserting the following:
``(c) Park Roads and Parkways.--
``(1) In general.--On''; and
(B) by adding at the end the following:
``(2) Priority.--
``(A) Definition of qualifying national park.--In this
paragraph, the term ``qualifying national park'' means a
National Park that is used more than 1,000,000 recreational
visitor days per year, based on an average of the 3 most
recent years of available data from the National Park
Service.

[[Page S4689]]

``(B) Priority.--Notwithstanding any other provision of
law, with respect to funds authorized for park roads and
parkways, the Secretary shall give priority in the allocation
of funds to projects for highways that--
``(i) are located in, or provide access to, a qualifying
National Park; and
``(ii) were initially constructed before 1940.
``(C) Priority conflicts.--If there is a conflict between
projects described in subparagraph (B), the Secretary shall
give highest priority to projects that--
``(i) are in, or that provide access to, parks that are
adjacent to a National Park of a foreign country; or
``(ii) are located in more than 1 State;'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking ``1999'' and
inserting ``2005''; and
(ii) by striking ``1999'' and inserting ``2005'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``2000'' and
inserting ``2005'';
(ii) in subparagraphs (A), (B), and (D), by striking
``2000'' each place it appears and inserting ``2005'';
(iii) in subparagraph (B), by striking ``1999'' each place
it appears and inserting ``2005''; and
(iv) by adding at the end the following:
``(E) Transferred funds.--
``(i) In general.--Not later than 30 days after the date on
which funds are made available to the Secretary of the
Interior under this paragraph, the funds shall be distributed
to, and available for immediate use by, the eligible Indian
tribes, in accordance with the formula for distribution of
funds under the Indian reservation roads program under
section 204.
``(ii) Use of funds.--Notwithstanding any other provision
of this section, funds available to Indian tribes for Indian
reservation roads shall be expended on projects identified in
a transportation improvement program approved by the
Secretary.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``under this title''
and inserting ``under this chapter and section 125(e)''; and
(ii) by adding at the end the following:
``(C) Federal lands highway program demonstration
project.--
``(i) In general.--The Secretary shall establish a
demonstration project under which all funds made available
under this chapter for Indian reservation roads and for
highway bridges located on Indian reservation roads as
provided for in subparagraph (A) shall be made available, on
the request of an affected Indian tribal government, to the
Indian tribal government for use in carrying out, in
accordance with the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b et seq.), contracts and
agreements for the planning, research, engineering, and
construction described in that subparagraph.
``(ii) Exclusion of agency participation.--In accordance
with subparagraph (B), all funds for Indian reservation roads
and for highway bridges located on Indian reservation roads
to which clause (i) applies shall be paid without regard to
the organizational level at which the Federal lands highway
program has previously carried out the programs, functions,
services, or activities involved.
``(iii) Selection of participating tribes.--

``(I) Participants.--

``(aa) In general.--In addition to Indian tribes or tribal
organizations that, as of the date of enactment of this
subparagraph, are contracting or compacting for any Indian
reservation road function or program, for each fiscal year,
the Secretary may select up to 15 Indian tribes from the
applicant pool described in subclause (II) to participate in
the demonstration project carried out under clause (i).
``(bb) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or activity to
which this title applies may form a consortium to be
considered as a single Indian tribe for the purpose of
becoming part of the applicant pool under subclause (II).
``(cc) Funding.--An Indian tribe participating in the pilot
program under this subparagraph shall receive funding in an
amount equal to the sum of the funding that the Indian tribe
would otherwise receive in accordance with the funding
formula established under the other provisions of this
subsection, and an additional percentage of that amount equal
to the percentage of funds withheld during the applicable
fiscal year for the road program management costs of the
Bureau of Indian Affairs under subsection (f)(1).

``(II) Applicant pool.--The applicant pool described in
this subclause shall consist of each Indian tribe (or
consortium) that--

``(aa) has successfully completed the planning phase
described in subclause (IV);
``(bb) has requested participation in the demonstration
project under this subparagraph through the adoption of a
resolution or other official action by the tribal governing
body; and
``(cc) has demonstrated financial stability and financial
management capability in accordance with subclause (III)
during the 3-fiscal-year period immediately preceding the
fiscal year for which participation under this subparagraph
is being requested.

``(III) Criteria for determining financial stability and
financial management capacity.--For the purpose of subclause
(II), evidence that, during the 3-year period referred to in
subclause (II)(cc), an Indian tribe had no uncorrected
significant and material audit exceptions in the required
annual audit of the Indian tribe's self-determination
contracts or self-governance funding agreements with any
Federal agency shall be conclusive evidence of the required
stability and capability.
``(IV) Planning phase.--

``(aa) In general.--An Indian tribe (or consortium)
requesting participation in the demonstration project under
this subparagraph shall complete a planning phase that shall
include legal and budgetary research and internal tribal
government and organization preparation.
``(bb) Eligibility.--An Indian tribe (or consortium)
described in item (aa) shall be eligible to receive a grant
under this subclause to plan and negotiate participation in a
project described in that item.

``(V) Report to congress.--Not later than September 30,
2006, the Secretary shall submit to Congress a report
describing the implementation of the demonstration project
and any recommendations for improving the project.''; and

(D) in paragraph (4)--
(i) in subparagraph (B)--

(I) by striking ``(B) Reservation.--Of the amounts'' and
all that follows through ``to replace,'' and inserting the
following:

``(B) Funding.--
``(i) Authorization of appropriations.--In addition to any
other funds made available for Indian reservation roads for
each fiscal year, there is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$14,079,433 for each of fiscal years 2005 through 2009 to
carry out planning, design, engineering, preconstruction,
construction, and inspection of projects to replace,''; and

(II) by adding at the end the following:

``(ii) Availability.--Funds made available to carry out
this subparagraph shall be available for obligation in the
same manner as if the funds were apportioned under chapter
1.''; and
(ii) by striking subparagraph (D) and inserting the
following:
``(D) Approval requirement.--
``(i) In general.--Subject to clause (ii), on request by an
Indian tribe or the Secretary of the Interior, the Secretary
may make funds available under this subsection for
preliminary engineering for Indian reservation road bridge
projects.
``(ii) Construction and construction engineering.--The
Secretary may make funds available under clause (i) for
construction and construction engineering after approval of
applicable plans, specifications, and estimates in accordance
with this title.''; and
(5) by adding at the end the following:
``(f) Administration of Indian Reservation Roads.--
``(1) Contract authority.--Notwithstanding any other
provision of law, for any fiscal year, not more than 6
percent of the contract authority amounts made available from
the Highway Trust Fund to the Bureau of Indian Affairs under
this title shall be used to pay the expenses incurred by the
Bureau in administering the Indian reservation roads program
(including the administrative expenses relating to individual
projects associated with the Indian reservation roads
program).
``(2) Health and safety assurances.--Notwithstanding any
other provision of law, an Indian tribe or tribal
organization may approve plans, specifications, and estimates
and commence road and bridge construction under the
Transportation Equity Act for the 21st Century (Public Law
105-178) or the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005 that is funded through a
contract or agreement under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b et seq.) if the
Indian tribe or tribal organization--
``(A) provides assurances in the contract or agreement that
the construction will meet or exceed applicable health and
safety standards;
``(B) obtains the advance review of the plans and
specifications from a licensed professional that has
certified that the plans and specifications meet or exceed
the applicable health and safety standards; and
``(C) provides a copy of the certification under
subparagraph (B) to the Assistant Secretary for Indian
Affairs.''.
(d) Planning and Agency Coordination.--Section 204 of title
23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``refuge roads,
recreation roads,'' after ``parkways,'';
(2) by striking subsection (b) and inserting the following:
``(b) Use of Funds.--
``(1) In general.--Funds available for public lands
highways, recreation roads, park roads and parkways, forest
highways, and Indian reservation roads shall be used by the
Secretary and the Secretary of the appropriate Federal land
management agency to pay the cost of transportation planning,
research, engineering, operation and maintenance of transit
facilities, and construction of the highways, roads,
parkways, forest highways, and transit facilities located on
public land, national parks, and Indian reservations.
``(2) Contract.--In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
construction contract or other appropriate agreement with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.

[[Page S4690]]

``(3) Indian reservation roads.--In the case of an Indian
reservation road--
``(A) Indian labor may be used, in accordance with such
rules and regulations as may be promulgated by the Secretary
of the Interior, to carry out any construction or other
activity described in paragraph (1); and
``(B) funds made available to carry out this section may be
used to pay bridge preconstruction costs (including planning,
design, and engineering).
``(4) Federal employment.--No maximum on Federal employment
shall be applicable to construction or improvement of Indian
reservation roads.
``(5) Availability of funds.--Funds available under this
section for each class of Federal lands highway shall be
available for any kind of transportation project eligible for
assistance under this title that is within or adjacent to, or
that provides access to, the areas served by the particular
class of Federal lands highway.
``(6) Reservation of funds.--The Secretary of the Interior
may reserve funds from administrative funds of the Bureau of
Indian Affairs that are associated with the Indian
reservation road program to finance the Indian technical
centers authorized under section 504(b).''; and
(3) in subsection (k)(1)--
(A) in subparagraph (B)--
(i) by striking ``(2), (5),'' and inserting ``(2), (3),
(5),''; and
(ii) by striking ``and'' after the semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) maintenance of public roads in national fish
hatcheries under the jurisdiction of the United States Fish
and Wildlife Service;
``(E) the non-Federal share of the cost of any project
funded under this title or chapter 53 of title 49 that
provides access to or within a wildlife refuge; and
``(F) maintenance and improvement of recreational trails
(except that expenditures on trails under this subparagraph
shall not exceed 5 percent of available funds for each fiscal
year).''.
(e) Maintenance of Indian Reservation Roads.--Section
204(c) of title 23, United States Code, is amended by
striking the second and third sentences and inserting the
following: ``Notwithstanding any other provision of this
title, of the amount of funds allocated for Indian
reservation roads from the Highway Trust Fund, not more than
25 percent may be expended for the purpose of maintenance,
excluding road sealing, and shall not be subject to any
limitation. The Bureau of Indian Affairs shall continue to
retain primary responsibility, including annual funding
request responsibility, for road maintenance programs on
Indian reservations. The Secretary shall ensure that funding
made available under this subsection for maintenance of
Indian reservation roads for each fiscal year is
supplementary to and not in lieu of any obligation of funds
by the Bureau of Indian Affairs for road maintenance programs
on Indian reservations.''.
(f) Safety.--
(1) Allocations.--Section 202 of title 23, United States
Code (as amended by subsection (c)(5)), is amended by adding
at the end the following:
``(g) Safety.--Subject to paragraph (2), on October 1 of
each fiscal year, the Secretary shall allocate the sums
authorized to be appropriated for the fiscal year for safety
as follows:
``(1) 12 percent to the Bureau of Reclamation.
``(2) 18 percent to the Bureau of Indian Affairs.
``(3) 17 percent to the Bureau of Land Management.
``(4) 17 percent to the Forest Service.
``(5) 7 percent to the United States Fish and Wildlife
Service.
``(6) 17 percent to the National Park Service.
``(7) 12 percent to the Corps of Engineers.''.
(2) Availability of funds.--Section 203 of title 23, United
States Code, is amended by inserting ``safety projects or
activities,'' after ``refuge roads,'' each place it appears.
(3) Use of funding.--Section 204 of title 23, United States
Code, is amended by adding at the end the following:
``(l) Safety Activities.--
``(1) In general.--Notwithstanding any other provision of
this title, funds made available for safety under this title
shall be used by the Secretary and the head of the
appropriate Federal land management agency only to pay the
costs of carrying out--
``(A) transportation safety improvement activities;
``(B) activities to eliminate high-accident locations;
``(C) projects to implement protective measures at, or
eliminate, at-grade railway-highway crossings;
``(D) collection of safety information;
``(E) transportation planning projects or activities;
``(F) bridge inspection;
``(G) development and operation of safety management
systems;
``(H) highway safety education programs; and
``(I) other eligible safety projects and activities
authorized under chapter 4.
``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the appropriate Federal land
management agency may enter into contracts or agreements
with--
``(A) a State;
``(B) a political subdivision of a State; or
``(C) an Indian tribe.
``(3) Exception.--The cost sharing requirements under the
Federal Water Project Recreation Act (16 U.S.C. 460l-12 et
seq.) shall not apply to funds made available to the Bureau
of Reclamation under this subsection.''.
(g) Recreation Roads.--
(1) Authorizations.--Section 201 of title 23, United States
Code, is amended in the first sentence by inserting
``recreation roads,'' after ``public lands highways,''.
(2) Allocations.--Section 202 of title 23, United States
Code (as amended by subsection (f)(1)), is amended by adding
at the end the following:
``(h) Recreation Roads.--
``(1) In general.--Subject to paragraphs (2) and (3), on
October 1 of each fiscal year, the Secretary, after
completing the transfer under subsection 204(i), shall
allocate the sums authorized to be appropriated for the
fiscal year for recreation roads as follows:
``(A) 8 percent to the Bureau of Reclamation.
``(B) 9 percent to the Corps of Engineers.
``(C) 13 percent to the Bureau of Land Management.
``(D) 70 percent to the Forest Service.
``(2) Allocation within agencies.--Recreation road funds
allocated to a Federal agency under paragraph (1) shall be
allocated for projects and activities of the Federal agency
according to the relative needs of each area served by
recreation roads under the jurisdiction of the Federal
agency, as indicated in the approved transportation
improvement program for each Federal agency.''.
(3) Availability of funds.--Section 203 of title 23, United
States Code, is amended--
(A) in the first sentence, by inserting ``recreation
roads,'' after ``Indian reservation roads,''; and
(B) in the fourth sentence, by inserting ``, recreation
roads,'' after ``Indian roads''.
(4) Use of funding.--Section 204 of title 23, United States
Code (as amended by subsection (e)(3)), is amended by adding
at the end the following:
``(m) Recreation Roads.--
``(1) In general.--Notwithstanding any other provision of
this title, funds made available for recreation roads under
this title shall be used by the Secretary and the Secretary
of the appropriate Federal land management agency only to pay
the cost of--
``(A) maintenance or improvements of existing recreation
roads;
``(B) maintenance and improvements of eligible projects
described in paragraph (1), (2), (3), (5), or (6) of
subsection (h) that are located in or adjacent to Federal
land under the jurisdiction of--
``(i) the Department of Agriculture; or
``(ii) the Department of the Interior;
``(C) transportation planning and administrative activities
associated with those maintenance and improvements; and
``(D) the non-Federal share of the cost of any project
funded under this title or chapter 53 of title 49 that
provides access to or within Federal land described in
subparagraph (B).
``(2) Contracts.--In carrying out paragraph (1), the
Secretary and the Secretary of the appropriate Federal land
management agency may enter into contracts or agreements
with--
``(A) a State;
``(B) a political subdivision of a State; or
``(C) an Indian tribe.
``(3) New roads.--No funds made available under this
section shall be used to pay the cost of the design or
construction of new recreation roads.
``(4) Compliance with other environmental laws.--A
maintenance or improvement project that is funded under this
subsection, and that is consistent with or has been
identified in a land use plan for an area under the
jurisdiction of a Federal agency, shall not require any
additional environmental reviews or assessments under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if--
``(A) the Federal agency that promulgated the land use plan
analyzed the specific proposal for the maintenance or
improvement project under that Act; and
``(B) as of the date on which the funds are to be expended,
there are--
``(i) no significant changes to the proposal bearing on
environmental concerns; and
``(ii) no significant new information.
``(5) Exception.--The cost sharing requirements under the
Federal Water Project Recreation Act (16 U.S.C. 460l-12 et
seq.) shall not apply to funds made available to the Bureau
of Reclamation under this subsection.''.
(h) Conforming Amendments.--
(1) Sections 120(e) and 125(e) of title 23, United States
Code, are amended by striking ``public lands highways,'' each
place it appears and inserting ``public lands highways,
recreation roads,''.
(2) Sections 120(e), 125(e), 201, 202(a), and 203 of title
23, United States Code, are amended by striking ``forest
development roads'' each place it appears and inserting
``National Forest System roads''.
(3) Section 202(e) of title 23, United States Code, is
amended by striking ``Refuge System,'' and inserting ``Refuge
System and the various national fish hatcheries,''.
(4) Section 204 of title 23, United States Code, is
amended--

[[Page S4691]]

(A) in subsection (a)(1), by striking ``public lands
highways,'' and inserting ``public lands highways, recreation
roads, forest highways,''; and
(B) in subsection (i), by striking ``public lands
highways'' each place it appears and inserting ``public lands
highways, recreation roads, and forest highways''.
(5) Section 205 of title 23, United States Code, is
amended--
(A) by striking the section heading and inserting the
following:

``Sec. 205. National Forest System roads and trails'';

and
(B) in subsections (a) and (d), by striking ``forest
development roads'' each place it appears and inserting
``National Forest System roads''.
(6) The analysis for chapter 2 of title 23, United States
Code, is amended by striking the item relating to section 205
and inserting the following:

``205. National Forest System roads and trails.''.

(7) Section 217(c) of title 23, United States Code, is
amended by inserting ``refuge roads,'' after ``Indian
reservation roads,''.

SEC. 1807. HIGHWAY BRIDGE PROGRAM.

(a) In General.--Section 144 of title 23, United States
Code, is amended--
(1) by striking the section heading and all that follows
through subsection (a) and inserting the following:

``Sec. 144. Highway bridge program

``(a) Congressional Statement.--Congress finds and declares
that it is in the vital interest of the United States that a
highway bridge program be established to enable States to
improve the condition of their bridges through replacement,
rehabilitation, and systematic preventative maintenance on
highway bridges over waterways, other topographical barriers,
other highways, or railroads at any time at which the States
and the Secretary determine that a bridge is unsafe because
of structural deficiencies, physical deterioration, or
functional obsolescence.'';
(2) by striking subsection (d) and inserting the following:
``(d) Participation in Program.--
``(1) In general.--On application by a State to the
Secretary for assistance in replacing or rehabilitating a
highway bridge that has been determined to be eligible for
replacement or rehabilitation under subsection (b) or (c),
the Secretary may approve Federal participation in--
``(A) replacing the bridge with a comparable bridge; or
``(B) rehabilitating the bridge.
``(2) Specific kinds of rehabilitation.--On application by
a State to the Secretary for assistance in painting, seismic
retrofit, or preventative maintenance of, or installation of
scour countermeasures or applying calcium magnesium acetate,
sodium acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing compositions to,
the structure of a highway bridge, the Secretary may approve
Federal participation in the painting, seismic retrofit, or
preventative maintenance of, or installation of scour
countermeasures or application of acetate or sodium acetate/
formate or such anti-icing or de-icing composition to, the
structure.
``(3) Eligibility.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall determine the eligibility of highway
bridges for replacement or rehabilitation for each State
based on the number of unsafe highway bridges in the State.
``(B) Preventative maintenance.--A State may carry out a
project for preventative maintenance on a bridge, seismic
retrofit of a bridge, or installation of scour
countermeasures to a bridge under this section without regard
to whether the bridge is eligible for replacement or
rehabilitation under this section.'';
(3) in subsection (e)--
(A) in the third sentence, by striking ``square footage''
and inserting ``area'';
(B) in the fourth sentence--
(i) by striking ``by the total cost of any highway bridges
constructed under subsection (m) in such State, relating to
replacement of destroyed bridges and ferryboat services,
and,''; and
(ii) by striking ``1997'' and inserting ``2003''; and
(C) in the seventh sentence, by striking ``the Federal-aid
primary system'' and inserting ``Federal-aid highways'';
(4) by striking subsections (f) and (g) and inserting the
following:
``(f) Set Asides.--
``(1) Discretionary bridge program.--
``(A) In general.--Of the amounts authorized to be
appropriated to carry out the bridge program under this
section for each of fiscal years 2005 through 2009, all but
$140,794,340 shall be apportioned as provided in subsection
(e).
``(B) Availability.--The $140,794,340 referred to in
subparagraph (A) shall be available at the discretion of the
Secretary, except that not to exceed $23,465,723 of that
amount shall be available only for projects for the seismic
retrofit of bridges.
``(C) Set asides.--For fiscal year 2005, the Secretary
shall provide--
``(i) $46,931,446 to the State of Nevada for construction
of a replacement of the federally-owned bridge over the
Hoover Dam in the Lake Mead National Recreation Area; and
``(ii) $46,931,446 to the State of Missouri for
construction of a structure over the Mississippi River to
connect the city of St. Louis, Missouri, to the State of
Illinois.
``(2) Off-system bridges.--
``(A) In general.--Not less than 15 percent of the amount
apportioned to each State in each of fiscal years 2005
through 2009 shall be expended for projects to replace,
rehabilitate, perform systematic preventative maintenance or
seismic retrofit, or apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and de-icing compositions or
install scour countermeasures to highway bridges located on
public roads, other than those on a Federal-aid highway, or
to complete the Warwick Intermodal Station (including the
construction of a people mover between the Station and the
T.F. Green Airport).
``(B) Reduction of expenditures.--The Secretary, after
consultation with State and local officials, may, with
respect to the State, reduce the requirement for expenditure
for bridges not on a Federal-aid highway if the Secretary
determines that the State has inadequate needs to justify the
expenditure.'';
(5) in subsection (i)--
(A) in paragraph (3), by striking ``and'';
(B) in paragraph (4), by striking the period at the end and
inserting ``; and'';
(C) by striking ``Such reports'' and all that follows
through ``to Congress.''; and
(D) by adding at the end the following:
``(5) biennially submit such reports as are required under
this subsection to the appropriate committees of Congress
simultaneously with the report required by section 502(g).'';
(6) in the first sentence of subsection (n), by striking
``all standards'' and inserting ``all general engineering
standards'';
(7) in subsection (o)--
(A) in paragraph (3)--
(i) by striking ``title (including this section)'' and
inserting ``section''; and
(ii) by inserting ``200 percent of'' after ``shall not
exceed''; and
(B) in paragraph (4)(B)--
(i) in the second sentence, by inserting ``200 percent of''
after ``not to exceed''; and
(ii) in the last sentence, by striking ``title'' and
inserting ``section'';
(8) by redesignating subsections (h) through (q) as
subsections (g) through (p), respectively; and
(9) by adding at the end the following:
``(q) Continuation of Annual Materials Report on New Bridge
Construction and Bridge Rehabilitation.--Not later than 1
year after the date of enactment of this subsection, and
annually thereafter, the Secretary shall publish in the
Federal Register a report describing construction materials
used in new Federal-aid bridge construction and bridge
rehabilitation projects.
``(r) Federal Share.--The Federal share of the cost of a
project payable from funds made available to carry out this
section shall be the share applicable under section 120(b),
as adjusted under subsection (d) of that section.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 144 and inserting the
following:

``144. Highway bridge program.''.

SEC. 1808. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1702(a)), is
amended by adding at the end the following:

``Sec. 170. Appalachian development highway system

``(a) Apportionment.--
``(1) In general.--The Secretary shall apportion funds made
available under section 1101(7) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2005 for
fiscal years 2005 through 2009 among States based on the
latest available estimate of the cost to construct highways
and access roads for the Appalachian development highway
system program prepared by the Appalachian Regional
Commission under section 14501 of title 40.
``(2) Availability.--Funds described in paragraph (1) shall
be available to construct highways and access roads under
chapter 145 of title 40.
``(b) Applicability of Title.--Funds made available under
section 1101(7) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005 for the
Appalachian development highway system shall be available for
obligation in the same manner as if the funds were
apportioned under this chapter, except that--
``(1) the Federal share of the cost of any project under
this section shall be determined in accordance with subtitle
IV of title 40; and
``(2) the funds shall remain available until expended.''.
(b) Conforming Amendments.--
(1) Use of toll credits.--Section 120(j)(1) of title 23,
United States Code is amended by inserting ``and the
Appalachian development highway system program under subtitle
IV of title 40'' after ``(other than the emergency relief
program authorized by section 125''.
(2) Analysis.--The analysis of chapter 1 of title 23,
United States Code (as amended by section 1702(b)), is
amended by adding at the end the following:

``170. Appalachian development highway system.''.

[[Page S4692]]

SEC. 1809. MULTISTATE CORRIDOR PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by 1808(a)), is amended by
adding at the end the following:

``Sec. 171. Multistate corridor program

``(a) Establishment and Purpose.--The Secretary shall carry
out a program to--
``(1) support and encourage multistate transportation
planning and development; and
``(2) facilitate transportation decisionmaking and
coordinate project delivery involving multistate corridors.
``(b) Eligible Recipients.--A State transportation
department and a metropolitan planning organization may
receive and administer funds provided under this section.
``(c) Eligible Activities.--The Secretary shall make
allocations under this program for multistate highway and
multimodal planning studies and construction.
``(d) Other Provisions Regarding Eligibility.--
``(1) Studies.--All studies funded under this program shall
be consistent with the continuing, cooperative, and
comprehensive planning processes required by sections 134 and
135.
``(2) Construction.--All construction funded under this
program shall be consistent with section 133(b)(1).
``(e) Selection Criteria.--The Secretary shall select
studies and projects to be carried out under the program
based on--
``(1) the existence and significance of signed and binding
multijurisdictional agreements;
``(2) endorsement of the study or project by applicable
elected State and local representatives;
``(3) prospects for early completion of the study or
project; or
``(4) whether the projects to be studied or constructed are
located on corridors identified by section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 105 Stat. 2032).
``(f) Program Priorities.--In administering the program,
the Secretary shall--
``(1) encourage and enable States and other jurisdictions
to work together to develop plans for multimodal and
multijurisdictional transportation decisionmaking; and
``(2) give priority to studies or projects that emphasize
multimodal planning, including planning for operational
improvements that--
``(A) increase--
``(i) mobility;
``(ii) freight productivity;
``(iii) access to marine or inland ports;
``(iv) safety and security (including improvements to
emergency evacuation routes); and
``(v) reliability; and
``(B) enhance the environment.
``(g) Federal Share.--Except as provided in section 120,
the Federal share of the cost of a study or project carried
out under the program, using funds from all Federal sources,
shall be 80 percent.
``(h) Applicability.--Funds authorized to be appropriated
under section 1101(10) of the Safe, Accountable, Flexible,
and Efficient Transportation Equity Act of 2005 to carry out
this section shall be available for obligation in the same
manner as if the funds were apportioned under this
chapter.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1809(b)) is amended by adding at the end the
following:

``171. Multistate corridor program.''.

SEC. 1810. BORDER PLANNING, OPERATIONS, TECHNOLOGY, AND
CAPACITY PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1809(a)), is
amended by adding at the end the following:

``Sec. 172. Border planning, operations, technology, and
capacity program

``(a) Definitions.--In this section:
``(1) Border state.--The term `border State' means any of
the States of Alaska, Arizona, California, Idaho, Maine,
Michigan, Minnesota, Montana, New Hampshire, New Mexico, New
York, North Dakota, Texas, Vermont, and Washington.
``(2) Program.--The term `program' means the border
planning, operations, technology, and capacity program
established under subsection (b).
``(b) Establishment and Purpose.--The Secretary shall
establish and carry out a border planning, operations,
technology, and capacity improvement program to support
coordination and improvement in bi-national transportation
planning, operations, efficiency, information exchange,
safety, and security at the international borders of the
United States with Canada and Mexico.
``(c) Eligible Activities.--
``(1) In general.--The Secretary shall make allocations
under the program for projects to carry out eligible
activities described in paragraph (2) at or near
international land borders in border States.
``(2) Eligible activities.--A border State may obligate
funds apportioned to the border State under this section
for--
``(A) highway and multimodal planning or environmental
studies;
``(B) cross-border port of entry and safety inspection
improvements, including operational enhancements and
technology applications;
``(C) technology and information exchange activities; and
``(D) right-of-way acquisition, design, and construction,
as needed--
``(i) to implement the enhancements or applications
described in subparagraphs (B) and (C);
``(ii) to decrease air pollution emissions from vehicles or
inspection facilities at border crossings; or
``(iii) to increase highway capacity at or near
international borders.
``(d) Other Provisions Regarding Eligibility.--
``(1) In general.--Each project funded under the program
shall be carried out in accordance with the continuing,
cooperative, and comprehensive planning processes required by
sections 134 and 135.
``(2) Regionally significant projects.--To be funded under
the program, a regionally significant project shall be
included on the applicable transportation plan and program
required by sections 134 and 135.
``(e) Program Priorities.--Border States shall give
priority to projects that emphasize--
``(1) multimodal planning;
``(2) improvements in infrastructure; and
``(3) operational improvements that--
``(A) increase safety, security, freight capacity, or
highway access to rail, marine, and air services; and
``(B) enhance the environment.
``(f) Mandatory Program.--
``(1) In general.--For each fiscal year, the Secretary
shall allocate among border States, in accordance with the
formula described in paragraph (2), funds to be used in
accordance with subsection (d).
``(2) Formula.--Subject to paragraph (3), the amount
allocated to a border State under this paragraph shall be
determined by the Secretary, as follows:
``(A) 25 percent in the ratio that--
``(i) the average annual weight of all cargo entering the
border State by commercial vehicle across the international
border with Canada or Mexico, as the case may be; bears to
``(ii) the average annual weight of all cargo entering all
border States by commercial vehicle across the international
borders with Canada and Mexico.
``(B) 25 percent in the ratio that--
``(i) the average trade value of all cargo imported into
the border State and all cargo exported from the border State
by commercial vehicle across the international border with
Canada or Mexico, as the case may be; bears to
``(ii) the average trade value of all cargo imported into
all border States and all cargo exported from all border
States by commercial vehicle across the international borders
with Canada and Mexico.
``(C) 25 percent in the ratio that--
``(i) the number of commercial vehicles annually entering
the border State across the international border with Canada
or Mexico, as the case may be; bears to
``(ii) the number of all commercial vehicles annually
entering all border States across the international borders
with Canada and Mexico.
``(D) 25 percent in the ratio that--
``(i) the number of passenger vehicles annually entering
the border State across the international border with Canada
or Mexico, as the case may be; bears to
``(ii) the number of all passenger vehicles annually
entering all border States across the international borders
with Canada and Mexico.
``(3) Data source.--
``(A) In general.--The data used by the Secretary in making
allocations under this subsection shall be based on the
Bureau of Transportation Statistics Transborder Surface
Freight Dataset (or other similar database).
``(B) Basis of calculation.--All formula calculations shall
be made using the average values for the most recent 5-year
period for which data are available.
``(4) Minimum allocation.--Notwithstanding paragraph (2),
for each fiscal year, each border State shall receive at
least \1/2\ of 1 percent of the funds made available for
allocation under this paragraph for the fiscal year.
``(g) Federal Share.--Except as provided in section 120,
the Federal share of the cost of a project carried out under
the program shall be 80 percent.
``(h) Obligation.--Funds made available under section
1101(11) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005 to carry out the program
shall be available for obligation in the same manner as if
the funds were apportioned under this chapter.
``(i) Information Exchange.--No individual project the
scope of work of which is limited to information exchange
shall receive an allocation under the program in an amount
that exceeds $500,000 for any fiscal year.
``(j) Projects in Canada or Mexico.--A project in Canada or
Mexico, proposed by a border State to directly and
predominantly facilitate cross-border vehicle and commercial
cargo movements at an international gateway or port of entry
into the border region of the State, may be constructed using
funds made available under the program if, before obligation
of those funds, Canada or Mexico, or the political
subdivision of Canada or Mexico that is responsible for the
operation of the facility to be constructed, provides
assurances satisfactory to the Secretary that any facility
constructed under this subsection will be--

[[Page S4693]]

``(1) constructed in accordance with standards equivalent
to applicable standards in the United States; and
``(2) properly maintained and used over the useful life of
the facility for the purpose for which the Secretary
allocated funds to the project.
``(k) Transfer of Funds to the General Services
Administration.--
``(1) State funds.--At the request of a border State, funds
made available under the program may be transferred to the
General Services Administration for the purpose of funding 1
or more specific projects if--
``(A) the Secretary determines, after consultation with the
State transportation department of the border State, that the
General Services Administration should carry out the project;
and
``(B) the General Services Administration agrees to accept
the transfer of, and to administer, those funds.
``(2) Non-federal share.--
``(A) In general.--A border State that makes a request
under paragraph (1) shall provide directly to the General
Services Administration, for each project covered by the
request, the non-Federal share of the cost of each project
described in subsection (f).
``(B) No augmentation of appropriations.--Funds provided by
a border State under subparagraph (A)--
``(i) shall not be considered to be an augmentation of the
appropriations made available to the General Services
Administration; and
``(ii) shall be--

``(I) administered in accordance with the procedures of the
General Services Administration; but
``(II) available for obligation in the same manner as if
the funds were apportioned under this chapter.

``(C) Obligation authority.--Obligation authority shall be
transferred to the General Services Administration in the
same manner and amount as the funds provided for projects
under subparagraph (A).
``(3) Direct transfer of authorized funds.--
``(A) In general.--In addition to allocations to States and
metropolitan planning organizations under subsection (c), the
Secretary may transfer funds made available to carry out this
section to the General Services Administration for
construction of transportation infrastructure projects at or
near the border in border States, if--
``(i) the Secretary determines that the transfer is
necessary to effectively carry out the purposes of this
program; and
``(ii) the General Services Administration agrees to accept
the transfer of, and to administer, those funds.
``(B) No augmentation of appropriations.--Funds transferred
by the Secretary under subparagraph (A)--
``(i) shall not be considered to be an augmentation of the
appropriations made available to the General Services
Administration; and
``(ii) shall be--

``(I) administered in accordance with the procedures of the
General Services Administration; but
``(II) available for obligation in the same manner as if
the funds were apportioned under this chapter.

``(C) Obligation authority.--Obligation authority shall be
transferred to the General Services Administration in the
same manner and amount as the funds transferred under
subparagraph (A).''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1809(b)), is amended by adding at the end the
following:

``172. Border planning, operations, technology, and capacity
program.''.

SEC. 1811. PUERTO RICO HIGHWAY PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1810(a)), is
amended by adding at the end the following:

``Sec. 173. Puerto Rico highway program

``(a) In General.--The Secretary shall allocate funds
authorized by section 1101(15) of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2005 for
each of fiscal years 2005 through 2009 to the Commonwealth of
Puerto Rico to carry out a highway program in the
Commonwealth.
``(b) Applicability of Title.--
``(1) In general.--Amounts made available by section
1101(15) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005 shall be available for
obligation in the same manner as if such funds were
apportioned under this chapter.
``(2) Limitation on obligations.--The amounts shall be
subject to any limitation on obligations for Federal-aid
highway and highway safety construction programs.
``(c) Treatment of Funds.--Amounts made available to carry
out this section for a fiscal year shall be administered as
follows:
``(1) Apportionment.--For the purpose of imposing any
penalty under this title or title 49, the amounts shall be
treated as being apportioned to Puerto Rico under sections
104(b) and 144, for each program funded under those sections
in an amount determined by multiplying--
``(A) the aggregate of the amounts for the fiscal year; by
``(B) the ratio that--
``(i) the amount of funds apportioned to Puerto Rico for
each such program for fiscal year 1997; bears to
``(ii) the total amount of funds apportioned to Puerto Rico
for all such programs for fiscal year 1997.
``(2) Penalty.--The amounts treated as being apportioned to
Puerto Rico under each section referred to in paragraph (1)
shall be deemed to be required to be apportioned to Puerto
Rico under that section for purposes of the imposition of any
penalty under this title and title 49.
``(3) Effect on allocations and apportionments.--Subject to
paragraph (2), nothing in this section affects any allocation
under section 105 and any apportionment under sections 104
and 144.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1810(b)), is amended by adding at the end the
following:

``173. Puerto Rico highway program.''.

SEC. 1812. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1811(a)), is
amended by adding at the end the following:

``Sec. 174. National historic covered bridge preservation

``(a) Definition of Historic Covered Bridge.--In this
section, the term `historic covered bridge' means a covered
bridge that is listed or eligible for listing on the National
Register of Historic Places.
``(b) Historic Covered Bridge Preservation.--Subject to the
availability of appropriations, the Secretary shall--
``(1) collect and disseminate information on historic
covered bridges;
``(2) conduct educational programs relating to the history
and construction techniques of historic covered bridges;
``(3) conduct research on the history of historic covered
bridges; and
``(4) conduct research on, and study techniques for,
protecting historic covered bridges from rot, fire, natural
disasters, or weight-related damage.
``(c) Grants.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall make a grant to a State
that submits an application to the Secretary that
demonstrates a need for assistance in carrying out 1 or more
historic covered bridge projects described in paragraph (2).
``(2) Eligible projects.--A grant under paragraph (1) may
be made for a project--
``(A) to rehabilitate or repair a historic covered bridge;
or
``(B) to preserve a historic covered bridge, including
through--
``(i) installation of a fire protection system, including a
fireproofing or fire detection system and sprinklers;
``(ii) installation of a system to prevent vandalism and
arson; or
``(iii) relocation of a bridge to a preservation site.
``(3) Authenticity requirements.--A grant under paragraph
(1) may be made for a project only if--
``(A) to the maximum extent practicable, the project--
``(i) is carried out in the most historically appropriate
manner; and
``(ii) preserves the existing structure of the historic
covered bridge; and
``(B) the project provides for the replacement of wooden
components with wooden components, unless the use of wood is
impracticable for safety reasons.
``(4) Federal share.--Except as provided in section 120,
the Federal share of the cost of a project carried out with a
grant under this subsection shall be 80 percent.
``(d) Funding.--There is authorized to be appropriated to
carry out this section $13,140,805 for each of fiscal years
2005 through 2009, to remain available until expended.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1811(b)), is amended by adding at the end the
following:

``174. National historic covered bridge preservation.''.

SEC. 1813. TRANSPORTATION AND COMMUNITY AND SYSTEM
PRESERVATION PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1812(a)), is
amended by adding at the end the following:

``Sec. 175. Transportation and community and system
preservation program

``(a) Establishment.--The Secretary shall establish a
comprehensive program to facilitate the planning,
development, and implementation of strategies by States,
metropolitan planning organizations, federally-recognized
Indian tribes, and local governments to integrate
transportation, community, and system preservation plans and
practices that address the goals described in subsection (b).
``(b) Goals.--The goals of the program are to--
``(1) improve the efficiency of the transportation system
in the United States;
``(2) reduce the impacts of transportation on the
environment;
``(3) reduce the need for costly future investments in
public infrastructure;
``(4) provide efficient access to jobs, services, and
centers of trade; and
``(5) examine development patterns, and to identify
strategies, to encourage private sector development patterns
that achieve the goals identified in paragraphs (1) through
(4).

[[Page S4694]]

``(c) Allocation of Funds for Implementation.--
``(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States,
metropolitan planning organizations, and local governments to
carry out projects to address transportation efficiency and
community and system preservation.
``(2) Criteria.--In allocating funds made available to
carry out this subsection, the Secretary shall give priority
to applicants that--
``(A) have instituted preservation or development plans and
programs that--
``(i) meet the requirements of this title and chapter 53 of
title 49, United States Code; and
``(ii)(I) are coordinated with State and local adopted
preservation or development plans;
``(II) are intended to promote cost-effective and strategic
investments in transportation infrastructure that minimize
adverse impacts on the environment; or
``(III) are intended to promote innovative private sector
strategies.
``(B) have instituted other policies to integrate
transportation and community and system preservation
practices, such as--
``(i) spending policies that direct funds to high-growth
areas;
``(ii) urban growth boundaries to guide metropolitan
expansion;
``(iii) `green corridors' programs that provide access to
major highway corridors for areas targeted for efficient and
compact development; or
``(iv) other similar programs or policies as determined by
the Secretary;
``(C) have preservation or development policies that
include a mechanism for reducing potential impacts of
transportation activities on the environment;
``(D) examine ways to encourage private sector investments
that address the purposes of this section; and
``(E) propose projects for funding that address the
purposes described in subsection (b)(2).
``(3) Equitable distribution.--In allocating funds to carry
out this subsection, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and
geographic regions.
``(4) Use of allocated funds.--
``(A) In general.--An allocation of funds made available to
carry out this subsection shall be used by the recipient to
implement the projects proposed in the application to the
Secretary.
``(B) Types of projects.--The allocation of funds shall be
available for obligation for--
``(i) any project eligible for funding under this title or
chapter 53 of title 49, United States Code; or
``(ii) any other activity relating to transportation and
community and system preservation that the Secretary
determines to be appropriate, including corridor preservation
activities that are necessary to implement--

``(I) transit-oriented development plans;
``(II) traffic calming measures; or
``(III) other coordinated transportation and community and
system preservation practices.

``(d) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $46,931,447 for each of
fiscal years 2005 through 2009.
``(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under this
chapter.''.
(b) Eligible Projects.--Section 133(b) of title 23, United
States Code (as amended by section 1701(a)), is amended by
adding at the end the following:
``(18) Transportation and community system preservation to
facilitate the planning, development, and implementation of
strategies of metropolitan planning organizations and local
governments to integrate transportation, community, and
system preservation plans and practices that address the
following:
``(A) Improvement of the efficiency of the transportation
system in the United States.
``(B) Reduction of the impacts of transportation on the
environment.
``(C) Reduction of the need for costly future investments
in public infrastructure.
``(D) Provision of efficient access to jobs, services, and
centers of trade.
``(E) Examination of development patterns, and
identification of strategies to encourage private sector
development patterns, that achieve the goals identified in
subparagraphs (A) through (D).
``(19) Projects relating to intersections, including
intersections--
``(A) that--
``(i) have disproportionately high accident rates;
``(ii) have high levels of congestion, as evidenced by--

``(I) interrupted traffic flow at the intersection; and
``(II) a level of service rating, issued by the
Transportation Research Board of the National Academy of
Sciences in accordance with the Highway Capacity Manual, that
is not better than `F' during peak travel hours; and

``(iii) are directly connected to or located on a Federal-
aid highway; and
``(B) improvements that are approved in the regional plan
of the appropriate local metropolitan planning
organization.''.
(c) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1812(b)), is amended by adding at the end the
following:

``175. Transportation and community and system preservation pilot
program.''.

SEC. 1814. PARKING PILOT PROGRAMS.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1813(a)), is
amended by adding at the end the following:

``Sec. 176. Parking pilot programs

``(a) Commercial Truck Parking Pilot Program.--
``(1) Establishment.--In cooperation with appropriate
State, regional, and local governments, the Secretary shall
establish a pilot program to address the shortage of long-
term parking for drivers of commercial motor vehicles on the
National Highway System.
``(2) Allocation of funds.--
``(A) In general.--The Secretary shall allocate funds made
available under this subsection to States, metropolitan
planning organizations, and local governments.
``(B) Criteria.--In allocating funds under this subsection,
the Secretary shall give priority to an applicant that--
``(i) demonstrates a severe shortage of commercial vehicle
parking capacity on the corridor to be addressed;
``(ii) consults with affected State and local governments,
community groups, private providers of commercial vehicle
parking, and motorist and trucking organizations; and
``(iii) demonstrates that the project proposed by the
applicant is likely to have a positive effect on highway
safety, traffic congestion, or air quality.
``(3) Use of allocated funds.--
``(A) In general.--A recipient of funds allocated under
this subsection shall use the funds to carry out the project
proposed in the application submitted by the recipient to the
Secretary.
``(B) Types of projects.--Funds under this subsection shall
be available for obligation for projects that serve the
National Highway System, including--
``(i) construction of safety rest areas that include
parking for commercial motor vehicles;
``(ii) construction of commercial motor vehicle parking
facilities that are adjacent to commercial truck stops and
travel plazas;
``(iii) costs associated with the opening of facilities
(including inspection and weigh stations and park-and-ride
facilities) to provide commercial motor vehicle parking;
``(iv) projects that promote awareness of the availability
of public or private commercial motor vehicle parking on the
National Highway System, including parking in connection with
intelligent transportation systems and other systems;
``(v) construction of turnouts along the National Highway
System for commercial motor vehicles;
``(vi) capital improvements to public commercial motor
vehicle truck parking facilities closed on a seasonal basis
in order to allow the facilities to remain open year-around;
and
``(vii) improvements to the geometric design at
interchanges on the National Highway System to improve access
to commercial motor vehicle parking facilities.
``(4) Report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report on the results of the pilot program carried
out under this subsection.
``(5) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be consistent
with section 120.
``(6) Funding.--
``(A) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $9,386,289 for each of
fiscal years 2005 through 2009.
``(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under this chapter.
``(b) Corridor and Fringe Parking Pilot Program.--
``(1) Establishment.--
``(A) In general.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall carry
out a pilot program to provide corridor and fringe parking
facilities.
``(B) Primary function.--The primary function of a corridor
and fringe parking facility funded under this subsection
shall be to provide parking capacity to support car pooling,
van pooling, ride sharing, commuting, and high occupancy
vehicle travel.
``(C) Overnight parking.--A State may permit a facility
described in subparagraph (B) to be used for the overnight
parking of commercial vehicles if the use does not foreclose
or unduly limit the primary function of the facility
described in subparagraph (B).
``(2) Allocation of funds.--
``(A) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States.
``(B) Criteria.--In allocating funds under this subsection,
the Secretary shall give priority to a State that--
``(i) demonstrates demand for corridor and fringe parking
on the corridor to be addressed;
``(ii) consults with affected metropolitan planning
organizations, local governments,

[[Page S4695]]

community groups, and providers of corridor and fringe
parking; and
``(iii) demonstrates that the project proposed by the State
is likely to have a positive effect on ride sharing, traffic
congestion, or air quality.
``(3) Use of allocated funds.--
``(A) In general.--A recipient of funds allocated under
this subsection shall use the funds to carry out the project
proposed in the application submitted by the recipient to the
Secretary.
``(B) Types of projects.--Funds under this subsection shall
be available for obligation for projects that serve the
Federal-aid system, including--
``(i) construction of corridor and fringe parking
facilities;
``(ii) costs associated with the opening of facilities;
``(iii) projects that promote awareness of the availability
of corridor and fringe parking through the use of signage and
other means;
``(iv) capital improvements to corridor and fringe parking
facilities closed on a seasonal basis in order to allow the
facilities to remain open year-around; and
``(v) improvements to the geometric design on adjoining
roadways to facilitate access to, and egress from, corridor
and fringe parking facilities.
``(4) Report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report on the results of the pilot program carried
out under this subsection.
``(5) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be consistent
with section 120.
``(6) Funding.--
``(A) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $9,386,289 for each of
fiscal years 2005 through 2009.
``(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under this
chapter.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter I of title 23, United States Code (as amended by
section 1813(c)), is amended by adding at the end the
following:

``176. Parking pilot programs.''.

SEC. 1815. INTERSTATE OASIS PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1814(a)), is
amended by adding at the end the following:

``Sec. 177. Interstate oasis program

``(a) In General.--Not later than 180 days after the date
of enactment of this section, in consultation with the States
and other interested parties, the Secretary shall--
``(1) establish an Interstate oasis program; and
``(2) develop standards for designating, as an Interstate
oasis, a facility that--
``(A) offers--
``(i) products and services to the public;
``(ii) 24-hour access to restrooms; and
``(iii) parking for automobiles and heavy trucks; and
``(B) meets other standards established by the Secretary.
``(b) Standards for Designation.--The standards for
designation under subsection (a) shall include standards
relating to--
``(1) the appearance of a facility; and
``(2) the proximity of the facility to the Interstate
System.
``(c) Eligibility for Designation.--If a State elects to
participate in the interstate oasis program, any facility
meeting the standards established by the Secretary shall be
eligible for designation under this section.
``(d) Logo.--The Secretary shall design a logo to be
displayed by a facility designated under this section.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter I of title 23, United States Code (as amended by
section 1814(b)), is amended by adding at the end the
following:

``177. Interstate oasis program.''.

SEC. 1816. TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.

Section 204 of title 23, United States Code (as amended by
section 1806(f)(4)), is amended by adding at the end the
following:
``(n) Tribal-State Road Maintenance Agreements.--
``(1) In general.--Notwithstanding any other provision of
law, regulation, policy, or guideline, an Indian tribe and a
State may enter into a road maintenance agreement under which
an Indian tribe assumes the responsibilities of the State
for--
``(A) Indian reservation roads; and
``(B) roads providing access to Indian reservation roads.
``(2) Tribal-state agreements.--Agreements entered into
under paragraph (1)--
``(A) shall be negotiated between the State and the Indian
tribe; and
``(B) shall not require the approval of the Secretary.
``(3) Annual report.--Effective beginning with fiscal year
2005, the Secretary shall prepare and submit to Congress an
annual report that identifies--
``(A) the Indian tribes and States that have entered into
agreements under paragraph (1);
``(B) the number of miles of roads for which Indian tribes
have assumed maintenance responsibilities; and
``(C) the amount of funding transferred to Indian tribes
for the fiscal year under agreements entered into under
paragraph (1).''.

SEC. 1817. NATIONAL FOREST SYSTEM ROADS.

Section 205 of title 23, United States Code, is amended by
adding at the end the following:
``(e) Passages for Aquatic Species.--Of the amounts made
available for National Forest System roads, $14,079,433 for
each fiscal year shall be used by the Secretary of
Agriculture to pay the costs of facilitating the passage of
aquatic species beneath roads in the National Forest System,
including the costs of constructing, maintaining, replacing,
or removing culverts and bridges, as appropriate.''.

SEC. 1818. TERRITORIAL HIGHWAY PROGRAM.

(a) In General.--Chapter 2 of title 23, United States Code,
is amended by striking section 215 and inserting the
following:

``Sec. 215. Territorial highway program

``(a) Definitions.--In this section:
``(1) Program.--The term `program' means the territorial
highway program established under subsection (b).
``(2) Territory.--The term `territory' means the any of the
following territories of the United States:
``(A) American Samoa.
``(B) The Commonwealth of the Northern Mariana Islands.
``(C) Guam.
``(D) The United States Virgin Islands.
``(b) Program.--
``(1) In general.--Recognizing the mutual benefits that
will accrue to the territories and the United States from the
improvement of highways in the territories, the Secretary may
carry out a program to assist each territorial government in
the construction and improvement of a system of arterial and
collector highways, and necessary inter-island connectors,
that is--
``(A) designated by the Governor or chief executive officer
of each territory; and
``(B) approved by the Secretary.
``(2) Federal share.--The Secretary shall provide Federal
financial assistance to territories under this section in
accordance with section 120(h).
``(c) Technical Assistance.--
``(1) In general.--To continue a long-range highway
development program, the Secretary may provide technical
assistance to the governments of the territories to enable
the territories to, on a continuing basis--
``(A) engage in highway planning;
``(B) conduct environmental evaluations;
``(C) administer right-of-way acquisition and relocation
assistance programs; and
``(D) design, construct, operate, and maintain a system of
arterial and collector highways, including necessary inter-
island connectors.
``(2) Form and terms of assistance.--Technical assistance
provided under paragraph (1), and the terms for the sharing
of information among territories receiving the technical
assistance, shall be included in the agreement required by
subsection (e).
``(d) Nonapplicability of Certain Provisions.--
``(1) In general.--Except to the extent that provisions of
chapter 1 are determined by the Secretary to be inconsistent
with the needs of the territories and the intent of the
program, chapter 1 (other than provisions of chapter 1
relating to the apportionment and allocation of funds) shall
apply to funds authorized to be appropriated for the program.
``(2) Applicable provisions.--The specific sections of
chapter 1 that are applicable to each territory, and the
extent of the applicability of those section, shall be
identified in the agreement required by subsection (e).
``(e) Agreement.--
``(1) In general.--Except as provided in paragraph (3),
none of the funds made available for the program shall be
available for obligation or expenditure with respect to any
territory until the Governor or chief executive officer of
the territory enters into a new agreement with the Secretary
(which new agreement shall be entered into not later than 1
year after the date of enactment of the Safe, Accountable,
Flexible, and Efficient Transportation Equity Act of 2005),
providing that the government of the territory shall--
``(A) implement the program in accordance with applicable
provisions of chapter 1 and subsection (d);
``(B) design and construct a system of arterial and
collector highways, including necessary inter-island
connectors, in accordance with standards that are--
``(i) appropriate for each territory; and
``(ii) approved by the Secretary;
``(C) provide for the maintenance of facilities constructed
or operated under this section in a condition to adequately
serve the needs of present and future traffic; and
``(D) implement standards for traffic operations and
uniform traffic control devices that are approved by the
Secretary.
``(2) Technical assistance.--The new agreement required by
paragraph (1) shall--
``(A) specify the kind of technical assistance to be
provided under the program;
``(B) include appropriate provisions regarding information
sharing among the territories; and
``(C) delineate the oversight role and responsibilities of
the territories and the Secretary.
``(3) Review and revision of agreement.--The new agreement
entered into under paragraph (1) shall be reevaluated and, as
necessary, revised, at least every 2 years.
``(4) Existing agreements.--With respect to an agreement
between the Secretary and

[[Page S4696]]

the Governor or chief executive officer of a territory that
is in effect as of the date of enactment of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2005--
``(A) the agreement shall continue in force until replaced
by a new agreement in accordance with paragraph (1); and
``(B) amounts made available for the program under the
agreement shall be available for obligation or expenditure so
long as the agreement, or a new agreement under paragraph
(1), is in effect.
``(f) Permissible Uses of Funds.--
``(1) In general.--Funds made available for the program may
be used only for the following projects and activities
carried out in a territory:
``(A) Eligible surface transportation program projects
described in section 133(b).
``(B) Cost-effective, preventive maintenance consistent
with section 116.
``(C) Ferry boats, terminal facilities, and approaches, in
accordance with subsections (b) and (c) of section 129.
``(D) Engineering and economic surveys and investigations
for the planning, and the financing, of future highway
programs.
``(E) Studies of the economy, safety, and convenience of
highway use.
``(F) The regulation and equitable taxation of highway use.
``(G) Such research and development as are necessary in
connection with the planning, design, and maintenance of the
highway system.
``(2) Prohibition on use of funds for routine
maintenance.--None of the funds made available for the
program shall be obligated or expended for routine
maintenance.
``(g) Location of Projects.--Territorial highway projects
(other than those described in paragraphs (1), (3), and (4)
of section 133(b)) may not be undertaken on roads
functionally classified as local.''.
(b) Conforming Amendments.--
(1) Eligible projects.--Section 103(b)(6) of title 23,
United States Code, is amended by striking subparagraph (P)
and inserting the following:
``(P) Projects eligible for assistance under the
territorial highway program under section 215.''.
(2) Funding.--Section 104(b)(1)(A) of title 23, United
States Code, is amended by striking ``to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of Northern
Mariana Islands'' and inserting ``for the territorial highway
program authorized under section 215''.
(3) Analysis.--The analysis for chapter 2 of title 23,
United States Code, is amended by striking the item relating
to section 215 and inserting the following:

``215. Territorial highway program.''.

SEC. 1819. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY
DEPLOYMENT PROGRAM.

Section 322 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``Not later than'' and inserting the
following:
``(1) Initial solicitation.--Not later than''; and
(B) by adding at the end the following:
``(2) Additional solicitation.--Not later than 1 year after
the date of enactment of this paragraph, the Secretary may
solicit additional applications from States, or authorities
designated by 1 or more States, for financial assistance
authorized by subsection (b) for planning, design, and
construction of eligible MAGLEV projects.'';
(2) in subsection (e), by striking ``Prior to soliciting
applications, the Secretary'' and inserting ``The
Secretary'';
(3) in subsection (h)(1)--
(A) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $14,079,434 for each of
fiscal years 2005 through 2009.''; and
(B) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--

``(I) $375,451,572 for fiscal year 2005;
``(II) $389,531,006 for fiscal year 2006;
``(III) $398,917,296 for fiscal year 2007;
``(IV) $408,303,585 for fiscal year 2008; and
``(V) $422,383,019 for fiscal year 2009.''; and

(4) by striking subsection (i).

SEC. 1820. DONATIONS AND CREDITS.

Section 323 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (c), by inserting
``, or a local government from offering to donate funds,
materials, or services performed by local government
employees,'' after ``services''; and
(2) striking subsection (e).

SEC. 1821. DISADVANTAGED BUSINESS ENTERPRISES.

(a) General Rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, II, and VI of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
(b) Definitions.--In this section:
(1) Small business concern.--
(A) In general.--The term ``small business concern'' has
the meaning given the term under section 3 of the Small
Business Act (15 U.S.C. 632).
(B) Exclusion.--The term ``small business concern'' does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that has average annual gross receipts over
the preceding 3 fiscal years in excess of $18,308,420, as
adjusted by the Secretary for inflation.
(2) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given the term under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant subcontracting regulations promulgated under that
section, except that women shall be presumed to be socially
and economically disadvantaged individuals for the purposes
of this section.
(c) Annual Listing of Disadvantaged Business Enterprises.--
Each State shall annually survey and compile a list of the
small business concerns referred to in subsection (a) and the
location of such concerns in the State and notify the
Secretary, in writing, of the percentage of such concerns
which are controlled by women, by socially and economically
disadvantaged individuals (other than women), and by
individuals who are women and are otherwise socially and
economically disadvantaged individuals.
(d) Uniform Certification.--The Secretary shall establish
minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this
section. Such minimum uniform criteria shall include on-site
visits, personal interviews, licenses, analysis of stock
ownership, listing of equipment, analysis of bonding
capacity, listing of work completed, resume of principal
owners, financial capacity, and type of work preferred.
(e) Compliance With Court Orders.--Nothing in this section
limits the eligibility of an entity or person to receive
funds made available under titles I, III, and V of this Act,
if the entity or person is prevented, in whole or in part,
from complying with subsection (a) because a Federal court
issues a final order in which the court finds that the
requirement of subsection (a), or the program established
under subsection (a), is unconstitutional.

SEC. 1822. [RESERVED.]

SEC. 1823. PRIORITY FOR PEDESTRIAN AND BICYCLE FACILITY
ENHANCEMENT PROJECTS.

Section 133(e)(5) of title 23, United States Code, is
amended by adding at the end the following:
``(D) Priority for pedestrian and bicycle facility
enhancement projects.--The Secretary shall encourage States
to give priority to pedestrian and bicycle facility
enhancement projects that include a coordinated physical
activity or healthy lifestyles program.''.

SEC. 1824. THE DELTA REGIONAL AUTHORITY.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1814(a)), is
amended by adding at the end the following:

``Sec. 178. Delta Region transportation development program

``(a) In General.--The Secretary shall carry out a program
to--
``(1) support and encourage multistate transportation
planning and corridor development;
``(2) provide for transportation project development;
``(3) facilitate transportation decisionmaking; and
``(4) support transportation construction.
``(b) Eligible Recipients.--A State transportation
department or metropolitan planning organization may receive
and administer funds provided under the program.
``(c) Eligible Activities.--The Secretary shall make
allocations under the program for multistate highway and
transit planning, development, and construction projects.
``(d) Other Provisions Regarding Eligibility.--All
activities funded under this program shall be consistent with
the continuing, cooperative, and comprehensive planning
processes required by section 134 and 135.
``(e) Selection Criteria.--The Secretary shall select
projects to be carried out under the program based on--
``(1) whether the project is located--
``(A) in an area that is part of the Delta Regional
Authority; and
``(B) on the Federal-aid system;
``(2) endorsement of the project by the State department of
transportation; and
``(3) evidence of the ability to complete the project.
``(f) Program Priorities.--In administering the program,
the Secretary shall--
``(1) encourage State and local officials to work together
to develop plans for multimodal and multijurisdictional
transportation decisionmaking; and
``(2) give priority to projects that emphasize multimodal
planning, including planning for operational improvements
that--
``(A) increase the mobility of people and goods;
``(B) improve the safety of the transportation system with
respect to catastrophic--
``(i) natural disasters; or
``(ii) disasters caused by human activity; and
``(C) contribute to the economic vitality of the area in
which the project is being carried out.
``(g) Federal Share.--Amounts provided by the Delta
Regional Authority to carry out a project under this section
shall be applied

[[Page S4697]]

to the non-Federal share required by section 120.
``(h) Availability of Funds.--Amounts made available to
carry out this section shall remain available until
expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code (as amended by section 1814(b)),
is amended by adding at the end the following:

``178. Delta Region transportation development program.''.

SEC. 1825. MULTISTATE INTERNATIONAL CORRIDOR DEVELOPMENT
PROGRAM.

(a) Establishment.--The Secretary shall establish a program
to develop international trade corridors to facilitate the
movement of freight from international ports of entry and
inland ports through and to the interior of the United
States.
(b) Eligible Recipients.--State transportation departments
and metropolitan planning organizations shall be eligible to
receive and administer funds provided under the program.
(c) Eligible Activities.--The Secretary shall make
allocations under this program for any activity eligible for
funding under title 23, United States Code, including
multistate highway and multistate multimodal planning and
project construction.
(d) Other Provisions Regarding Eligibility.--All activities
funded under this program shall be consistent with the
continuing, cooperative, and comprehensive planning processes
required by sections 134 and 135 of title 23, United States
Code.
(e) Selection Criteria.--The Secretary shall only select
projects for corridors--
(1) that have significant levels or increases in truck and
traffic volume relating to international freight movement;
(2) connect to at least 1 international terminus or inland
port;
(3) traverse at least 3 States; and
(4) are identified by section 1105(c) of the Intermodal
Transportation Efficiency Act of 1991 (Public Law 102-240;
105 Stat. 2032).
(f) Program Priorities.--In administering the program, the
Secretary shall--
(1) encourage and enable States and other jurisdictions to
work together to develop plans for multimodal and
multijurisdictional transportation decisionmaking; and
(2) give priority to studies that emphasize multimodal
planning, including planning for operational improvements
that increase mobility, freight productivity, access to
marine ports, safety, and security while enhancing the
environment.
(g) Federal Share.--The Federal share required for any
study carried out under this section shall be available for
obligation in the same manner as if the funds were
apportioned under chapter I of title 23, United States Code.

SEC. 1826. AUTHORIZATION OF CONTRACT AUTHORITY FOR STATES
WITH INDIAN RESERVATIONS.

Section 1214(d)(5)(A) of the Transportation Equity Act for
the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is
amended by striking ``$1,500,000 for each of fiscal years
1998 through 2003'' and inserting ``$1,800,000 for each of
fiscal years 2005 through 2009''.

SEC. 1827. VALUE PRICING PILOT PROGRAM.

Section 1012(b)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938)
is amended in the first sentence by striking ``The
Secretary'' and inserting ``For fiscal year 2005 and each
fiscal year thereafter, the Secretary''.

SEC. 1828. CREDIT TO STATE OF LOUISIANA FOR STATE MATCHING
FUNDS.

(a) In General.--The Secretary may provide a credit to the
State of Louisiana in an amount equal to the cost of any
planning, engineering, design, or construction work carried
out by the State on any project that the Secretary determines
is in accordance with the project numbered 202 under section
1602 of the Transportation Equity Act for the 21st Century
(Public Law 105-178; 112 Stat. 256).
(b) Eligibility of Credit.--The credit shall be eligible
for use for any future payment relating to the completion of
a project described in subsection (a) that is required by the
State under title 23, United States Code.

SEC. 1829. APPROVAL AND FUNDING FOR CERTAIN CONSTRUCTION
PROJECTS.

(a) In General.--Not later than 30 days after the date of
receipt by the Secretary of a construction authorization
request from the State transportation department for the
State of Georgia for project number STP-189-1(15)CT 3 in
Gwinnett County, Georgia, the Secretary shall--
(1) approve the project; and
(2) reserve such Federal funds available to the Secretary
as are necessary to carry out the project.
(b) Conformity Determination.--
(1) In general.--Approval, funding, and implementation of
the project referred to in subsection (a) shall not be
subject to the requirements of part 93 of title 40, Code of
Federal Regulations (or successor regulations).
(2) Regional emissions.--Notwithstanding paragraph (1), all
subsequent regional emission analyses required by section
93.118 or 93.119 of title 40, Code of Federal Regulations (or
successor regulations), shall include the project.

Subtitle I--Technical Corrections

SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT.

(a) Letting of Contracts.--Section 112 of title 23, United
States Code, is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Fringe and Corridor Parking Facilities.--Section 137(a)
of title 23, United States Code, is amended in the first
sentence by striking ``on the Federal-aid urban system'' and
inserting ``on a Federal-aid highway''.

SEC. 1902. CLARIFICATION OF DATE.

Section 109(g) of title 23, United States Code, is amended
in the first sentence by striking ``The Secretary'' and all
that follows through ``of 1970'' and inserting ``Not later
than January 30, 1971, the Secretary shall issue''.

SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDENTIFYING
FUNDING SOURCES IN TITLE 23.

(a) In General.--Section 154 of the Federal-Aid Highway Act
of 1987 (23 U.S.C. 101 note; 101 Stat. 209) is--
(1) transferred to title 23, United States Code;
(2) redesignated as section 321;
(3) moved to appear after section 320 of that title; and
(4) amended by striking the section heading and inserting
the following:

``Sec. 321. Signs identifying funding sources''.

(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after
the item relating to section 320 the following:

``321. Signs identifying funding sources.''.

SEC. 1904. INCLUSION OF BUY AMERICA REQUIREMENTS IN TITLE 23.

(a) In General.--Section 165 of the Highway Improvement Act
of 1982 (23 U.S.C. 101 note; 96 Stat. 2136) is--
(1) transferred to title 23, United States Code;
(2) redesignated as section 313;
(3) moved to appear after section 312 of that title; and
(4) amended by striking the section heading and inserting
the following:

``Sec. 313. Buy America''.

(b) Conforming Amendments.--
(1) The analysis for chapter 3 of title 23, United States
Code, is amended by inserting after the item relating to
section 312 the following:

``313. Buy America.''.

(2) Section 313 of title 23, United States Code (as added
by subsection (a)), is amended--
(A) in subsection (a), by striking ``by this Act'' the
first place it appears and all that follows through ``of
1978'' and inserting ``to carry out the Surface
Transportation Assistance Act of 1982 (96 Stat. 2097) or this
title'';
(B) in subsection (b), by redesignating paragraph (4) as
paragraph (3);
(C) in subsection (d), by striking ``this Act,'' and all
that follows through ``Code, which'' and inserting ``the
Surface Transportation Assistance Act of 1982 (96 Stat. 2097)
or this title that'';
(D) by striking subsection (e); and
(E) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.

SEC. 1905. TECHNICAL AMENDMENTS TO NONDISCRIMINATION SECTION.

Section 140 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``subsection (a) of
section 105 of this title'' and inserting ``section 135'';
(B) in the second sentence, by striking ``He'' and
inserting ``The Secretary'';
(C) in the third sentence, by striking ``where he considers
it necessary to assure'' and inserting ``if necessary to
ensure''; and
(D) in the last sentence--
(i) by striking ``him'' and inserting ``the Secretary'' and
(ii) by striking ``he'' and inserting ``the Secretary'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``highway
construction'' and inserting ``surface transportation''; and
(B) in the second sentence--
(i) by striking ``as he may deem necessary'' and inserting
``as necessary''; and
(ii) by striking ``not to exceed $2,500,000 for the
transition quarter ending September 30, 1976, and'';
(3) in the second sentence of subsection (c)--
(A) by striking ``subsection 104(b)(3) of this title'' and
inserting ``section 104(b)(3)''; and
(B) by striking ``he may deem''; and
(4) in the heading of subsection (d), by striking ``and
contracting''.

TITLE II--TRANSPORTATION RESEARCH

Subtitle A--Funding

SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Surface transportation research.--
(A) In general.--For carrying out sections 502, 503, 506,
507, 508, and 511 of title 23, United States Code--
(i) $198,050,704 for fiscal year 2005;
(ii) $201,805,220 for fiscal year 2006;
(iii) $204,621,107 for fiscal year 2007;
(iv) $206,498,365 for fiscal year 2008; and
(v) $209,314,252 for fiscal year 2009.
(B) Surface transportation-environmental cooperative
research program.--For each of fiscal years 2005 through
2009, the Secretary shall set aside $18,772,579 of the funds
authorized under subparagraph (A) to

[[Page S4698]]

carry out the surface transportation-environmental
cooperative research program under section 507 of title 23,
United States Code.
(2) Training and education.--For carrying out section 504
of title 23, United States Code--
(A) $26,281,610 for fiscal year 2005;
(B) $27,220,239 for fiscal year 2006;
(C) $28,158,868 for fiscal year 2007;
(D) $29,097,497 for fiscal year 2008; and
(E) $30,036,126 for fiscal year 2009.
(3) Bureau of transportation statistics.--For the Bureau of
Transportation Statistics to carry out section 111 of title
49, United States Code, $26,281,610 for each of fiscal years
2005 through 2009.
(4) ITS standards, research, operational tests, and
development.--For carrying out sections 524, 525, 526, 527,
528, and 529 of title 23, United States Code--
(A) $115,451,358 for fiscal year 2005;
(B) $118,267,245 for fiscal year 2006;
(C) $121,083,132 for fiscal year 2007;
(D) $123,899,019 for fiscal year 2008; and
(E) $126,714,906 for fiscal year 2009.
(5) University transportation centers.--For carrying out
section 510 of title 23, United States Code $42,238,302 for
each of fiscal years 2005 through 2009.
(b) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a)--
(1) shall be available for obligation in the same manner as
if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using the funds shall be
the share applicable under section 120(b) of title 23, United
States Code, as adjusted under subsection (d) of that section
(unless otherwise specified or otherwise determined by the
Secretary); and
(2) shall remain available until expended.
(c) Allocations.--
(1) Surface transportation research.--Of the amounts made
available under subsection (a)(1)--
(A) $25,342,981 for each of fiscal years 2005 through 2009
shall be available to carry out advanced, high-risk, long-
term research under section 502(d) of title 23, United States
Code;
(B) $10,000,000 for each of fiscal years 2005 through 2009
shall be available to carry out the long-term pavement
performance program under section 502(e) of that title;
(C) $5,000,000 for each of fiscal years 2005 through 2009
shall be available to carry out the high-performance concrete
bridge research and technology transfer program under section
502(i) of that title, of which $750,000 for each fiscal year
shall be used by the Secretary to carry out demonstration
projects involving the use of ultra-high-performance concrete
with ductility;
(D) $5,000,000 for each of fiscal years 2005 through 209
shall be made available to carry out the high-performing
steel bridge research and technology transfer program under
section 502(k) of title 23, United States Code;
(E) $5,000,000 for each of fiscal years 2005 through 2009
shall be made available to carry out research on asphalt used
in highway pavements;
(F) $5,000,000 for each of fiscal years 2005 through 2009
shall be made available to carry out research on concrete
pavements;
(G) $5,000,000 for each of fiscal years 2005 through 2009
shall be made available to carry out research on alternative
materials;
(H) $2,000,000 for each of fiscal years 2005 through 2009
shall be made available to carry out research on aggregates
used in highway pavements;
(I) $3,000,000 for each of fiscal years 2005 through 2009
shall be made available for further development and
deployment of techniques to prevent and mitigate alkali
silica reactivity;
(J) $1,500,000 for fiscal year 2005 shall be remain
available until expended for asphalt and asphalt-related
reclamation research at the South Dakota School of Mines; and
(K) $2,500,000 for each of fiscal years 2005 through 2009
shall be made available to carry out section 502(f)(3) of
title 23, United States Code.
(2) Technology application program.--Of the amounts made
available under subsection (a)(1), $56,317,736 for each of
fiscal years 2005 through 2009 shall be available to carry
out section 503 of title 23, United States Code.
(3) Training and education.--Of the amounts made available
under subsection (a)(2)--
(A) $11,732,862 for fiscal year 2005, $12,202,176 for
fiscal year 2006, $12,671,491 for fiscal year 2007,
$13,140,805 for fiscal year 2008, and $13,610,119 for fiscal
year 2009 shall be available to carry out section 504(a) of
title 23, United States Code (relating to the National
Highway Institute);
(B) $14,079,434 for each of fiscal years 2005 through 2009
shall be available to carry out section 504(b) of that title
(relating to local technical assistance); and
(C) $2,815,887 for each of fiscal years 2005 through 2009
shall be available to carry out section 504(c)(2) of that
title (relating to the Eisenhower Transportation Fellowship
Program).
(4) International highway transportation outreach
program.--Of the amounts made available under subsection
(a)(1), $469,314 for each of fiscal years 2005 through 2009
shall be available to carry out section 506 of title 23,
United States Code.
(5) New strategic highway research program.--For each of
fiscal years 2005 through 2009, to carry out section 509 of
title 23, United States Code, the Secretary shall set aside--
(A) $14,079,434 of the amounts made available to carry out
the interstate maintenance program under section 119 of title
23, United States Code, for the fiscal year;
(B) $17,833,949 of the amounts made available for the
National Highway System under section 101 of title 23, United
States Code, for the fiscal year;
(C) $12,202,176 of the amounts made available to carry out
the bridge program under section 144 of title 23, United
States Code, for the fiscal year;
(D) $18,772,579 of the amounts made available to carry out
the surface transportation program under section 133 of title
23, United States Code, for the fiscal year;
(E) $4,693,145 of the amounts made available to carry out
the congestion mitigation and air quality improvement program
under section 149 of title 23, United States Code, for the
fiscal year; and
(F) $2,815,887 of the amounts made available to carry out
the highway safety improvement program under section 148 of
title 23, United States Code, for the fiscal year.
(6) Commercial vehicle intelligent transportation system
infrastructure program.--Of the amounts made available under
subsection (a)(4), not less than $28,158,868 for each of
fiscal years 2005 through 2009 shall be available to carry
out section 527 of title 23, United States Code.
(d) Transfers of Funds.--The Secretary may transfer--
(1) to an amount made available under paragraphs (1), (2),
or (4) of subsection (c), not to exceed 10 percent of the
amount allocated for a fiscal year under any other of those
paragraphs; and
(2) to an amount made available under subparagraphs (A),
(B), or (C) of subsection (c)(3), not to exceed 10 percent of
the amount allocated for a fiscal year under any other of
those subparagraphs.

SEC. 2002. OBLIGATION CEILING.

Notwithstanding any other provision of law, the total of
all obligations from amounts made available from the Highway
Trust Fund (other than the Mass Transit Account) by section
2001(a) shall not exceed--
(1) $408,491,420 for fiscal year 2005;
(2) $416,000,453 for fiscal year 2006;
(3) $422,570,857 for fiscal year 2007;
(4) $428,202,637 for fiscal year 2008; and
(5) $434,773,037 for fiscal year 2009.

SEC. 2003. NOTICE.

(a) Notice of Reprogramming.--If any funds authorized for
carrying out this title or the amendments made by this title
are subject to a reprogramming action that requires notice to
be provided to the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations of the
Senate, notice of that action shall be concurrently provided
to the Committee on Transportation and Infrastructure and the
Committee on Science of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
(b) Notice of Reorganization.--On or before the 15th day
preceding the date of any major reorganization of a program,
project, or activity of the Department of Transportation for
which funds are authorized by this title or the amendments
made by this title, the Secretary shall provide notice of the
reorganization to the Committee on Transportation and
Infrastructure and the Committee on Science of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.

Subtitle B--Research and Technology

SEC. 2101. RESEARCH AND TECHNOLOGY PROGRAM.

(a) In General.--Chapter 5 of title 23, United States Code,
is amended to read as follows:

``CHAPTER 5--RESEARCH AND TECHNOLOGY

``SUBCHAPTER I--SURFACE TRANSPORTATION

``Sec.
``501. Definitions.
``502. Surface transportation research.
``503. Technology application program.
``504. Training and education.
``505. State planning and research.
``506. International highway transportation outreach program.
``507. Surface transportation-environmental cooperative research
program.
``508. Surface transportation research technology deployment and
strategic planning.
``509. New strategic highway research program.
``510. University transportation centers.
``511. Multistate corridor operations and management.
``512. Transportation analysis simulation system.

``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND
TECHNICAL ASSISTANCE PROGRAM

``521. Finding.
``522. Goals and purposes.
``523. Definitions.
``524. General authorities and requirements.
``525. National ITS Program Plan.
``526. National ITS architecture and standards.
``527. Commercial vehicle intelligent transportation system
infrastructure program.
``528. Research and development.
``529. Use of funds.

[[Page S4699]]

``SUBCHAPTER I--SURFACE TRANSPORTATION

``Sec. 501. Definitions

``In this subchapter:
``(1) Federal laboratory.--The term `Federal laboratory'
includes--
``(A) a Government-owned, Government-operated laboratory;
and
``(B) a Government-owned, contractor-operated laboratory.
``(2) Safety.--The term `safety' includes highway and
traffic safety systems, research, and development relating
to--
``(A) vehicle, highway, driver, passenger, bicyclist, and
pedestrian characteristics;
``(B) accident investigations;
``(C) integrated, interoperable emergency communications;
``(D) emergency medical care; and
``(E) transportation of the injured.

``Sec. 502. Surface transportation research

``(a) In General.--
``(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with respect
to--
``(A) all phases of transportation planning and development
(including new technologies, construction, transportation
systems management and operations development, design,
maintenance, safety, security, financing, data collection and
analysis, demand forecasting, multimodal assessment, and
traffic conditions); and
``(B) the effect of State laws on the activities described
in subparagraph (A).
``(2) Tests and development.--The Secretary may test,
develop, or assist in testing and developing, any material,
invention, patented article, or process.
``(3) Cooperation, grants, and contracts.--
``(A) In general.--The Secretary may carry out this
section--
``(i) independently;
``(ii) in cooperation with--

``(I) any other Federal agency or instrumentality; and
``(II) any Federal laboratory; or

``(iii) by making grants to, or entering into contracts,
cooperative agreements, and other transactions with--

``(I) the National Academy of Sciences;
``(II) the American Association of State Highway and
Transportation Officials;
``(III) planning organizations;
``(IV) a Federal laboratory;
``(V) a State agency;
``(VI) an authority, association, institution, or
organization;
``(VII) a for-profit or nonprofit corporation;
``(VIII) a foreign country; or
``(IX) any other person.

``(B) Competition; review.--All parties entering into
contracts, cooperative agreements or other transactions with
the Secretary, or receiving grants, to perform research or
provide technical assistance under this section shall be
selected, to the maximum extent practicable and appropriate--
``(i) on a competitive basis; and
``(ii) on the basis of the results of peer review of
proposals submitted to the Secretary.
``(4) Technological innovation.--The programs and
activities carried out under this section shall be consistent
with the surface transportation research and technology
development strategic plan developed under section 508(c).
``(5) Funds.--
``(A) Special account.--In addition to other funds made
available to carry out this section, the Secretary shall use
such funds as may be deposited by any cooperating
organization or person in a special account of the Treasury
established for this purpose.
``(B) Use of funds.--The Secretary shall use funds made
available to carry out this section to develop, administer,
communicate, and promote the use of products of research,
development, and technology transfer programs under this
section.
``(b) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
surface transportation problems and stimulate the deployment
of new technology, the Secretary may carry out, on a cost-
shared basis, collaborative research and development with--
``(A) non-Federal entities (including State and local
governments, foreign governments, colleges and universities,
corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State); and
``(B) Federal laboratories.
``(2) Agreements.--In carrying out this subsection, the
Secretary may enter into cooperative research and development
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
``(3) Federal share.--
``(A) In general.--The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection
shall not exceed 50 percent, except that if there is
substantial public interest or benefit, the Secretary may
approve a greater Federal share.
``(B) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel, and
hardware development costs, shall be credited toward the non-
Federal share of the cost of the activities described in
subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
agreement entered into under this subsection, including the
terms under which the technology may be licensed and the
resulting royalties may be distributed, shall be subject to
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.).
``(5) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract or agreement entered into under this chapter.
``(c) Contents of Research Program.--The Secretary shall
include as priority areas of effort within the surface
transportation research program--
``(1) the development of new technologies and methods in
materials, pavements, structures, design, and construction,
with the objectives of--
``(A)(i) increasing to 50 years the expected life of
pavements;
``(ii) increasing to 100 years the expected life of
bridges; and
``(iii) significantly increasing the durability of other
infrastructure;
``(B) lowering the life-cycle costs, including--
``(i) construction costs;
``(ii) maintenance costs;
``(iii) operations costs; and
``(vi) user costs.
``(2) the development, and testing for effectiveness, of
nondestructive evaluation technologies for civil
infrastructure using existing and new technologies;
``(3) the investigation of--
``(A) the application of current natural hazard mitigation
techniques to manmade hazards; and
``(B) the continuation of hazard mitigation research
combining manmade and natural hazards;
``(4) the improvement of safety--
``(A) at intersections;
``(B) with respect to accidents involving vehicles run off
the road; and
``(C) on rural roads;
``(5) the reduction of work zone incursions and improvement
of work zone safety;
``(6) the improvement of geometric design of roads for the
purpose of safety;
``(7) the examination of data collected through the
national bridge inventory conducted under section 144 using
the national bridge inspection standards established under
section 151, with the objectives of determining whether--
``(A) the most useful types of data are being collected;
and
``(B) any improvement could be made in the types of data
collected and the manner in which the data is collected, with
respect to bridges in the United States;
``(8) the improvement of the infrastructure investment
needs report described in subsection (g) through--
``(A) the study and implementation of new methods of
collecting better quality data, particularly with respect to
performance, congestion, and infrastructure conditions;
``(B) monitoring of the surface transportation system in a
system-wide manner, through the use of--
``(i) intelligent transportation system technologies of
traffic operations centers; and
``(ii) other new data collection technologies as sources of
better quality performance data;
``(C) the determination of the critical metrics that should
be used to determine the condition and performance of the
surface transportation system; and
``(D) the study and implementation of new methods of
statistical analysis and computer models to improve the
prediction of future infrastructure investment requirements;
``(9) the development of methods to improve the
determination of benefits from infrastructure improvements,
including--
``(A) more accurate calculations of benefit-to-cost ratios,
considering benefits and impacts throughout local and
regional transportation systems;
``(B) improvements in calculating life-cycle costs; and
``(C) valuation of assets;
``(10) the improvement of planning processes to better
predict outcomes of transportation projects, including the
application of computer simulations in the planning process
to predict outcomes of planning decisions;
``(11) the multimodal applications of Geographic
Information Systems and remote sensing, including such areas
of application as--
``(A) planning;
``(B) environmental decisionmaking and project delivery;
and
``(C) freight movement;
``(12) the development and application of methods of
providing revenues to the Highway Trust Fund with the
objective of offsetting potential reductions in fuel tax
receipts;
``(13) the development of tests and methods to determine
the benefits and costs to communities of major transportation
investments and projects;
``(14) the conduct of extreme weather research, including
research to--
``(A) reduce contraction and expansion damage;
``(B) reduce or repair road damage caused by freezing and
thawing;
``(C) improve deicing or snow removal techniques;
``(D) develop better methods to reduce the risk of thermal
collapse, including collapse from changes in underlying
permafrost;

[[Page S4700]]

``(E) improve concrete and asphalt installation in extreme
weather conditions; and
``(F) make other improvements to protect highway
infrastructure or enhance highway safety or performance;
``(15) the improvement of surface transportation planning;
``(16) environmental research;
``(17) transportation system management and operations; and
``(18) any other surface transportation research topics
that the Secretary determines, in accordance with the
strategic planning process under section 508, to be critical.
``(d) Advanced, High-Risk Research.--
``(1) In general.--The Secretary shall establish and carry
out, in accordance with the surface transportation research
and technology development strategic plan developed under
section 508(c) and research priority areas described in
subsection (c), an advanced research program that addresses
longer-term, higher-risk research with potentially dramatic
breakthroughs for improving the durability, efficiency,
environmental impact, productivity, and safety (including
bicycle and pedestrian safety) aspects of highway and
intermodal transportation systems.
``(2) Partnerships.--In carrying out the program, the
Secretary shall seek to develop partnerships with the public
and private sectors.
``(3) Report.--The Secretary shall include in the strategic
plan required under section 508(c) a description of each of
the projects, and the amount of funds expended for each
project, carried out under this subsection during the fiscal
year.
``(e) Long-Term Pavement Performance Program.--
``(1) Authority.--The Secretary shall continue, through
September 30, 2009, the long-term pavement performance
program tests, monitoring, and data analysis.
``(2) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary shall make grants and enter into
cooperative agreements and contracts to--
``(A) monitor, material-test, and evaluate highway test
sections in existence as of the date of the grant, agreement,
or contract;
``(B) analyze the data obtained in carrying out
subparagraph (A); and
``(C) prepare products to fulfill program objectives and
meet future pavement technology needs.
``(3) Conclusion of program.--
``(A) Summary report.--The Secretary shall include in the
strategic plan required under section 508(c) a report on the
initial conclusions of the long-term pavement performance
program that includes--
``(i) an analysis of any research objectives that remain to
be achieved under the program;
``(ii) an analysis of other associated longer-term
expenditures under the program that are in the public
interest;
``(iii) a detailed plan regarding the storage, maintenance,
and user support of the database, information management
system, and materials reference library of the program;
``(iv) a schedule for continued implementation of the
necessary data collection and analysis and project plan under
the program; and
``(v) an estimate of the costs of carrying out each of the
activities described in clauses (i) through (iv) for each
fiscal year during which the program is carried out.
``(B) Deadline; usefulness of advances.--The Secretary
shall, to the maximum extent practicable--
``(i) ensure that the long-term pavement performance
program is concluded not later than September 30, 2009; and
``(ii) make such allowances as are necessary to ensure the
usefulness of the technological advances resulting from the
program.
``(f) Seismic Research.--The Secretary shall--
``(1) in consultation and cooperation with Federal agencies
participating in the National Earthquake Hazards Reduction
Program established by section 5 of the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7704), coordinate the
conduct of seismic research;
``(2) take such actions as are necessary to ensure that the
coordination of the research is consistent with--
``(A) planning and coordination activities of the Director
of the Federal Emergency Management Agency under section
5(b)(1) of that Act (42 U.S.C. 7704(b)(1)); and
``(B) the plan developed by the Director of the Federal
Emergency Management Agency under section 8(b) of that Act
(42 U.S.C. 7705b(b)); and
``(3) in cooperation with the Center for Civil Engineering
Research at the University of Nevada, Reno, carry out a
seismic research program--
``(A) to study the vulnerability of the Federal-aid highway
system and other surface transportation systems to seismic
activity;
``(B) to develop and implement cost-effective methods to
reduce the vulnerability; and
``(C) to conduct seismic research and upgrade earthquake
simulation facilities as necessary to carry out the program.
``(g) Infrastructure Investment Needs Report.--
``(1) In general.--Not later than July 31, 2005, and July
31 of every second year thereafter, the Secretary shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
describes--
``(A) estimates of the future highway and bridge needs of
the United States; and
``(B) the backlog of current highway and bridge needs.
``(2) Comparison with prior reports.--Each report under
paragraph (1) shall provide the means, including all
necessary information, to relate and compare the conditions
and service measures used in the previous biennial reports.
``(h) Security Related Research and Technology Transfer
Activities.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005, the Secretary,
in consultation with the Secretary of Homeland Security, with
key stakeholder input (including State transportation
departments) shall develop a 5-year strategic plan for
research and technology transfer and deployment activities
pertaining to the security aspects of highway infrastructure
and operations.
``(2) Components of plan.--The plan shall include--
``(A) an identification of which agencies are responsible
for the conduct of various research and technology transfer
activities;
``(B) a description of the manner in which those activities
will be coordinated; and
``(C) a description of the process to be used to ensure
that the advances derived from relevant activities supported
by the Federal Highway Administration are consistent with the
operational guidelines, policies, recommendations, and
regulations of the Department of Homeland Security; and
``(D) a systematic evaluation of the research that should
be conducted to address, at a minimum--
``(i) vulnerabilities of, and measures that may be taken to
improve, emergency response capabilities and evacuations;
``(ii) recommended upgrades of traffic management during
crises;
``(iii) integrated, interoperable emergency communications
among the public, the military, law enforcement, fire and
emergency medical services, and transportation agencies;
``(iv) protection of critical, security-related
infrastructure; and
``(v) structural reinforcement of key facilities.
``(3) Submission.--On completion of the plan under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives--
``(A) a copy of the plan developed under paragraph (1); and
``(B) a copy of a memorandum of understanding specifying
coordination strategies and assignment of responsibilities
covered by the plan that is signed by the Secretary and the
Secretary of Homeland Security.
``(i) High-Performance Concrete Bridge Research and
Technology Transfer Program.--In accordance with the
objectives described in subsection (c)(1) and the
requirements under sections 503(b)(4) and 504(b), the
Secretary shall carry out a program to demonstrate the
application of high-performance concrete in the construction
and rehabilitation of bridges.
``(j) Biobased Transportation Research.--There shall be
available from the Highway Trust Fund (other than the Mass
Transit Account) $12,000,000 for each of fiscal years 2005
through 2009 equally divided and available to carry out
biobased research of national importance at the National
Biodiesel Board and at research centers identified in section
9011 of Public Law 107-171.
``(k) High-Performing Steel Bridge Research and Technology
Transfer Program.--In accordance with the objectives
described in subsection (c)(1) and the requirements under
sections 503(b)(4) and 504(b), the Secretary shall carry out
a program to demonstrate the application of high-performing
steel in the construction and rehabilitation of bridges.

``Sec. 503. Technology application program

``(a) Technology Application Initiatives and Partnerships
Program.--
``(1) Establishment.--The Secretary, in consultation with
interested stakeholders, shall develop and administer a
national technology and innovation application initiatives
and partnerships program.
``(2) Purpose.--The purpose of the program shall be to
significantly accelerate the adoption of technology and
innovation by the surface transportation community.
``(3) Application goals.--
``(A) Establishment.--Not later than 180 days after the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005, the Secretary,
in consultation with the Surface Transportation Research
Technology Advisory Committee, State transportation
departments, and other interested stakeholders, shall
establish, as part of the surface transportation research and
technology development strategic plan under section 508(c),
goals to carry out paragraph (1).
``(B) Design.--Each of the goals and the program developed
to achieve the goals shall be designed to provide tangible
benefits, with respect to transportation systems, in the
areas of efficiency, safety, reliability, service life,
environmental protection, and sustainability.
``(C) Strategies for achievement.--For each goal, the
Secretary, in cooperation with

[[Page S4701]]

representatives of the transportation community, such as
States, local governments, the private sector, and academia,
shall use domestic and international technology to develop
strategies and initiatives to achieve the goal, including
technical assistance in deploying technology and mechanisms
for sharing information among program participants.
``(4) Integration with other programs.--The Secretary shall
integrate activities carried out under this subsection with
the efforts of the Secretary to--
``(A) disseminate the results of research sponsored by the
Secretary; and
``(B) facilitate technology transfer.
``(5) Leveraging of federal resources.--In selecting
projects to be carried out under this subsection, the
Secretary shall give preference to projects that leverage
Federal funds with other significant public or private
resources.
``(6) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary may make grants and enter into
cooperative agreements and contracts to foster alliances and
support efforts to stimulate advances in transportation
technology.
``(7) Reports.--The results and progress of activities
carried out under this section shall be published as part of
the annual transportation research report prepared by the
Secretary under section 508(c)(5).
``(8) Allocation.--To the extent appropriate to achieve the
goals established under paragraph (3), the Secretary may
further allocate funds made available to carry out this
section to States for use by those States.
``(b) Innovative Surface Transportation Infrastructure
Research and Construction Program.--
``(1) In general.--The Secretary shall establish and carry
out a program for the application of innovative material,
design, and construction technologies in the construction,
preservation, and rehabilitation of elements of surface
transportation infrastructure.
``(2) Goals.--The goals of the program shall include--
``(A) the development of new, cost-effective, and
innovative materials;
``(B) the reduction of maintenance costs and life-cycle
costs of elements of infrastructure, including the costs of
new construction, replacement, and rehabilitation;
``(C) the development of construction techniques to
increase safety and reduce construction time and traffic
congestion;
``(D) the development of engineering design criteria for
innovative products and materials for use in surface
transportation infrastructure;
``(E) the development of highway bridges and structures
that will withstand natural disasters and disasters caused by
human activity; and
``(F) the development of new, nondestructive technologies
and techniques for the evaluation of elements of
transportation infrastructure.
``(3) Grants, cooperative agreements, and contracts.--
``(A) In general.--Under the program, the Secretary shall
make grants to, and enter into cooperative agreements and
contracts with--
``(i) States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit
organizations, to pay the Federal share of the cost of
research, development, and technology transfer concerning
innovative materials and methods; and
``(ii) States, to pay the Federal share of the cost of
repair, rehabilitation, replacement, and new construction of
elements of surface transportation infrastructure that
demonstrate the application of innovative materials and
methods.
``(B) Applications.--
``(i) In general.--To receive a grant under this
subsection, an entity described in subparagraph (A) shall
submit to the Secretary an application in such form and
containing such information as the Secretary may require.
``(ii) Approval.--The Secretary shall select and approve an
application based on whether the proposed project that is the
subject of the application would meet the goals described in
paragraph (2).
``(4) Technology and information transfer.--The Secretary
shall take such action as is necessary to--
``(A) ensure that the information and technology resulting
from research conducted under paragraph (3) is made available
to State and local transportation departments and other
interested parties, as specified by the Secretary; and
``(B) encourage the use of the information and technology.
``(5) Federal share.--The Federal share of the cost of a
project under this section shall be determined by the
Secretary.

``Sec. 504. Training and education

``(a) National Highway Institute.--
``(1) In general.--The Secretary shall--
``(A) operate, in the Federal Highway Administration, a
National Highway Institute (referred to in this subsection as
the `Institute'); and
``(B) administer, through the Institute, the authority
vested in the Secretary by this title or by any other law for
the development and conduct of education and training
programs relating to highways.
``(2) Duties of the institute.--In cooperation with State
transportation departments, industries in the United States,
and national or international entities, the Institute shall
develop and administer education and training programs of
instruction for--
``(A) Federal Highway Administration, State, and local
transportation agency employees;
``(B) regional, State, and metropolitan planning
organizations;
``(C) State and local police, public safety, and motor
vehicle employees; and
``(D) United States citizens and foreign nationals engaged
or to be engaged in surface transportation work of interest
to the United States.
``(3) Courses.--
``(A) In general.--The Institute shall--
``(i) develop or update existing courses in asset
management, including courses that include such components
as--

``(I) the determination of life-cycle costs;
``(II) the valuation of assets;
``(III) benefit-to-cost ratio calculations; and
``(IV) objective decisionmaking processes for project
selection; and

``(ii) continually develop courses relating to the
application of emerging technologies for--

``(I) transportation infrastructure applications and asset
management;
``(II) intelligent transportation systems;
``(III) operations (including security operations);
``(IV) the collection and archiving of data;
``(V) expediting the planning and development of
transportation projects; and
``(VI) the intermodal movement of individuals and freight.

``(B) Additional courses.--In addition to the courses
developed under subparagraph (A), the Institute, in
consultation with State transportation departments,
metropolitan planning organizations, and the American
Association of State Highway and Transportation Officials,
may develop courses relating to technology, methods,
techniques, engineering, construction, safety, maintenance,
environmental mitigation and compliance, regulations,
management, inspection, and finance.
``(C) Revision of courses offered.--The Institute shall
periodically--
``(i) review the course inventory of the Institute; and
``(ii) revise or cease to offer courses based on course
content, applicability, and need.
``(4) Eligibility; federal share.--The funds apportioned to
a State under section 104(b)(3) for the surface
transportation program shall be available for expenditure by
the State transportation department for the payment of not to
exceed 80 percent of the cost of tuition and direct
educational expenses (excluding salaries) in connection with
the education and training of employees of State and local
transportation agencies in accordance with this subsection.
``(5) Federal responsibility.--
``(A) In general.--Except as provided in subparagraph (B),
education and training of employees of Federal, State, and
local transportation (including highway) agencies authorized
under this subsection may be provided--
``(i) by the Secretary, at no cost to the States and local
governments, if the Secretary determines that provision at no
cost is in the public interest; or
``(ii) by the State, through grants, cooperative
agreements, and contracts with public and private agencies,
institutions, individuals, and the Institute.
``(B) Payment of full cost by private persons.--Private
agencies, international or foreign entities, and individuals
shall pay the full cost of any education and training
(including the cost of course development) received by the
agencies, entities, and individuals, unless the Secretary
determines that payment of a lesser amount of the cost is of
critical importance to the public interest.
``(6) Training fellowships; cooperation.--The Institute
may--
``(A) engage in training activities authorized under this
subsection, including the granting of training fellowships;
and
``(B) exercise the authority of the Institute independently
or in cooperation with any--
``(i) other Federal or State agency;
``(ii) association, authority, institution, or
organization;
``(iii) for-profit or nonprofit corporation;
``(iv) national or international entity;
``(v) foreign country; or
``(vi) person.
``(7) Collection of fees.--
``(A) In general.--In accordance with this subsection, the
Institute may assess and collect fees to defray the costs of
the Institute in developing or administering education and
training programs under this subsection.
``(B) Persons subject to fees.--Fees may be assessed and
collected under this subsection only with respect to--
``(i) persons and entities for whom education or training
programs are developed or administered under this subsection;
and
``(ii) persons and entities to whom education or training
is provided under this subsection.
``(C) Amount of fees.--The fees assessed and collected
under this subsection shall be established in a manner that
ensures that the liability of any person or entity for a fee
is reasonably based on the proportion of the costs referred
to in subparagraph (A) that relate to the person or entity.
``(D) Use.--All fees collected under this subsection shall
be used, without further appropriation, to defray costs
associated with

[[Page S4702]]

the development or administration of education and training
programs authorized under this subsection.
``(8) Relation to fees.--The funds made available to carry
out this subsection may be combined with or held separate
from the fees collected under--
``(A) paragraph (7);
``(B) memoranda of understanding;
``(C) regional compacts; and
``(D) other similar agreements.
``(b) Local Technical Assistance Program.--
``(1) Authority.--The Secretary shall carry out a local
technical assistance program that will provide access to
surface transportation technology to--
``(A) highway and transportation agencies in urbanized
areas;
``(B) highway and transportation agencies in rural areas;
``(C) contractors that perform work for the agencies; and
``(D) infrastructure security.
``(2) Grants, cooperative agreements, and contracts.--The
Secretary may make grants and enter into cooperative
agreements and contracts to provide education and training,
technical assistance, and related support services to--
``(A) assist rural, local transportation agencies and
tribal governments, and the consultants and construction
personnel working for the agencies and governments, to--
``(i) develop and expand expertise in road and
transportation areas (including pavement, bridge, concrete
structures, intermodal connections, safety management
systems, intelligent transportation systems, incident
response, operations, and traffic safety countermeasures);
``(ii) improve roads and bridges;
``(iii) enhance--

``(I) programs for the movement of passengers and freight;
and
``(II) intergovernmental transportation planning and
project selection; and

``(iv) deal effectively with special transportation-related
problems by preparing and providing training packages,
manuals, guidelines, and technical resource materials;
``(B) develop technical assistance for tourism and
recreational travel;
``(C) identify, package, and deliver transportation
technology and traffic safety information to local
jurisdictions to assist urban transportation agencies in
developing and expanding their ability to deal effectively
with transportation-related problems (particularly the
promotion of regional cooperation);
``(D) operate, in cooperation with State transportation
departments and universities--
``(i) local technical assistance program centers designated
to provide transportation technology transfer services to
rural areas and to urbanized areas; and
``(ii) local technical assistance program centers
designated to provide transportation technical assistance to
tribal governments; and
``(E) allow local transportation agencies and tribal
governments, in cooperation with the private sector, to
enhance new technology implementation.
``(c) Research Fellowships.--
``(1) General authority.--The Secretary, acting
independently or in cooperation with other Federal agencies
and instrumentalities, may make grants for research
fellowships for any purpose for which research is authorized
by this chapter.
``(2) Dwight david eisenhower transportation fellowship
program.--The Secretary shall establish and implement a
transportation research fellowship program, to be known as
the `Dwight David Eisenhower Transportation Fellowship
Program', for the purpose of attracting qualified students to
the field of transportation.

``Sec. 505. State planning and research

``(a) In General.--Two percent of the sums apportioned to a
State for fiscal year 2005 and each fiscal year thereafter
under sections 104 (other than subsections (f) and (h)) and
144 shall be available for expenditure by the State, in
consultation with the Secretary, only for--
``(1) the conduct of engineering and economic surveys and
investigations;
``(2) the planning of--
``(A) future highway programs and local public
transportation systems; and
``(B) the financing of those programs and systems,
including metropolitan and statewide planning under sections
134 and 135;
``(3) the development and implementation of management
systems under section 303;
``(4) the conduct of studies on--
``(A) the economy, safety, and convenience of surface
transportation systems; and
``(B) the desirable regulation and equitable taxation of
those systems;
``(5) research, development, and technology transfer
activities necessary in connection with the planning, design,
construction, management, and maintenance of highway, public
transportation, and intermodal transportation systems;
``(6) the conduct of studies, research, and training
relating to the engineering standards and construction
materials for surface transportation systems described in
paragraph (5) (including the evaluation and accreditation of
inspection and testing and the regulation of and charging for
the use of the standards and materials); and
``(7) the conduct of activities relating to the planning of
real-time monitoring elements.
``(b) Minimum Expenditures on Research, Development, and
Technology Transfer Activities.--
``(1) In general.--Subject to paragraph (2), not less than
25 percent of the funds subject to subsection (a) that are
apportioned to a State for a fiscal year shall be expended by
the State for research, development, and technology transfer
activities that--
``(A) are described in subsection (a); and
``(B) relate to highway, public transportation, and
intermodal transportation systems.
``(2) Waivers.--The Secretary may waive the application of
paragraph (1) with respect to a State for a fiscal year if--
``(A) the State certifies to the Secretary for the fiscal
year that total expenditures by the State for transportation
planning under sections 134 and 135 will exceed 75 percent of
the funds described in paragraph (1); and
``(B) the Secretary accepts the certification of the State.
``(3) Nonapplicability of assessment.--Funds expended under
paragraph (1) shall not be considered to be part of the
extramural budget of the agency for the purpose of section 9
of the Small Business Act (15 U.S.C. 638).
``(c) Federal Share.--The Federal share of the cost of a
project carried out using funds subject to subsection (a)
shall be the share applicable under section 120(b), as
adjusted under subsection (d) of that section.
``(d) Administration of Sums.--Funds subject to subsection
(a) shall be--
``(1) combined and administered by the Secretary as a
single fund; and
``(2) available for obligation for the period described in
section 118(b)(2).
``(e) Eligible Use of State Planning and Research Funds.--A
State, in coordination with the Secretary, may obligate funds
made available to carry out this section for any purpose
authorized under section 506(a).

``Sec. 506. International highway transportation outreach
program

``(a) Establishment.--The Secretary may establish an
international highway transportation outreach program--
``(1) to inform the United States highway community of
technological innovations in foreign countries that could
significantly improve highway transportation in the United
States;
``(2) to promote United States highway transportation
expertise, goods, and services in foreign countries; and
``(3) to increase transfers of United States highway
transportation technology to foreign countries.
``(b) Activities.--Activities carried out under the program
may include--
``(1) the development, monitoring, assessment, and
dissemination in the United States of information about
highway transportation innovations in foreign countries that
could significantly improve highway transportation in the
United States;
``(2) research, development, demonstration, training, and
other forms of technology transfer and exchange;
``(3) the provision to foreign countries, through
participation in trade shows, seminars, expositions, and
other similar activities, of information relating to the
technical quality of United States highway transportation
goods and services;
``(4) the offering of technical services of the Federal
Highway Administration that cannot be readily obtained from
private sector firms in the United States for incorporation
into the proposals of those firms undertaking highway
transportation projects outside the United States, if the
costs of the technical services will be recovered under the
terms of the project;
``(5) the conduct of studies to assess the need for, or
feasibility of, highway transportation improvements in
foreign countries; and
``(6) the gathering and dissemination of information on
foreign transportation markets and industries.
``(c) Cooperation.--The Secretary may carry out this
section in cooperation with any appropriate--
``(1) Federal, State, or local agency;
``(2) authority, association, institution, or organization;
``(3) for-profit or nonprofit corporation;
``(4) national or international entity;
``(5) foreign country; or
``(6) person.
``(d) Funds.--
``(1) Contributions.--Funds available to carry out this
section shall include funds deposited by any cooperating
organization or person into a special account of the Treasury
established for this purpose.
``(2) Eligible uses of funds.--The funds deposited into the
account, and other funds available to carry out this section,
shall be available to cover the cost of any activity eligible
under this section, including the cost of--
``(A) promotional materials;
``(B) travel;
``(C) reception and representation expenses; and
``(D) salaries and benefits.
``(3) Reimbursements for salaries and benefits.--
Reimbursements for salaries and benefits of Department of
Transportation employees providing services under this
section shall be credited to the account.
``(e) Report--For each fiscal year, the Secretary shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and

[[Page S4703]]

Infrastructure of the House of Representatives a report that
describes the destinations and individual trip costs of
international travel conducted in carrying out activities
described in this section.

``Sec. 507. Surface transportation-environmental cooperative
research program

``(a) In General.--The Secretary shall establish and carry
out a surface transportation-environmental cooperative
research program.
``(b) Contents.--The program carried out under this section
may include research--
``(1) to develop more accurate models for evaluating
transportation control measures and transportation system
designs that are appropriate for use by State and local
governments (including metropolitan planning organizations)
in designing implementation plans to meet Federal, State, and
local environmental requirements;
``(2) to improve understanding of the factors that
contribute to the demand for transportation;
``(3) to develop indicators of economic, social, and
environmental performance of transportation systems to
facilitate analysis of potential alternatives;
``(4) to meet additional priorities as determined by the
Secretary in the strategic planning process under section
508; and
``(5) to refine, through the conduct of workshops,
symposia, and panels, and in consultation with stakeholders
(including the Department of Energy, the Environmental
Protection Agency, and other appropriate Federal and State
agencies and associations) the scope and research emphases of
the program.
``(c) Program Administration.--The Secretary shall--
``(1) administer the program established under this
section; and
``(2) ensure, to the maximum extent practicable, that--
``(A) the best projects and researchers are selected to
conduct research in the priority areas described in
subsection (b)--
``(i) on the basis of merit of each submitted proposal; and
``(ii) through the use of open solicitations and selection
by a panel of appropriate experts;
``(B) a qualified, permanent core staff with the ability
and expertise to manage a large multiyear budget is used;
``(C) the stakeholders are involved in the governance of
the program, at the executive, overall program, and technical
levels, through the use of expert panels and committees; and
``(D) there is no duplication of research effort between
the program established under this section and the new
strategic highway research program established under section
509.
``(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to the research, technology, and technology transfer
activities described in subsections (b) and (c) as the
Secretary determines to be appropriate.

``Sec. 508. Surface transportation research technology
deployment and strategic planning

``(a) Planning.--
``(1) Establishment.--The Secretary shall--
``(A) establish, in accordance with section 306 of title 5,
a strategic planning process that--
``(i) enhances effective implementation of this section
through the establishment in accordance with paragraph (2) of
the Surface Transportation Research Technology Advisory
Committee; and
``(ii) focuses on surface transportation research funded
through paragraphs (1), (2), (4), and (5) of section 2001(a)
of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005, taking into consideration
national surface transportation system needs and
intermodality requirements;
``(B) coordinate Federal surface transportation research,
technology development, and deployment activities;
``(C) at such intervals as are appropriate and practicable,
measure the results of those activities and the ways in which
the activities affect the performance of the surface
transportation systems of the United States; and
``(D) ensure, to the maximum extent practicable, that
planning and reporting activities carried out under this
section are coordinated with all other surface transportation
planning and reporting requirements.
``(2) Surface transportation research technology advisory
committee.--
``(A) Establishment.--Not later than 90 days after the date
of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005, the Secretary
shall establish a committee to be known as the `Surface
Transportation Research Technology Advisory Committee'
(referred to in this section as the `Committee').
``(B) Membership.--The Committee shall be composed of 12
members appointed by the Secretary--
``(i) each of which shall have expertise in a particular
area relating to Federal surface transportation programs,
including--

``(I) safety;
``(II) operations;
``(III) infrastructure (including pavements and
structures);
``(IV) planning and environment;
``(V) policy; and
``(VI) asset management; and

``(ii) of which--

``(I) 3 members shall be individuals representing the
Federal Government;
``(II) 3 members--

``(aa) shall be exceptionally qualified to serve on the
Committee, as determined by the Secretary, based on
education, training, and experience; and
``(bb) shall not be officers or employees of the United
States;

``(III) 3 members--

``(aa) shall represent the transportation industry
(including the pavement industry); and
``(bb) shall not be officers or employees of the United
States; and

``(IV) 3 members shall represent State transportation
departments from 3 different geographical regions of the
United States.

``(C) Meetings.--The advisory subcommittees shall meet on a
regular basis, but not less than twice each year.
``(D) Duties.--The Committee shall provide to the
Secretary, on a continuous basis, advice and guidance
relating to--
``(i) the determination of surface transportation research
priorities;
``(ii) the improvement of the research planning and
implementation process;
``(iii) the design and selection of research projects;
``(iv) the review of research results;
``(v) the planning and implementation of technology
transfer activities and
``(vi) the formulation of the surface transportation
research and technology deployment and deployment strategic
plan required under subsection (c).
``(E) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this paragraph
$187,726 for each fiscal year.
``(b) Implementation.--The Secretary shall--
``(1) provide for the integrated planning, coordination,
and consultation among the operating administrations of the
Department of Transportation, all other Federal agencies with
responsibility for surface transportation research and
technology development, State and local governments,
institutions of higher education, industry, and other private
and public sector organizations engaged in surface
transportation-related research and development activities;
and
``(2) ensure that the surface transportation research and
technology development programs of the Department do not
duplicate other Federal, State, or private sector research
and development programs.
``(c) Surface Transportation Research and Technology
Deployment Strategic Plan.--
``(1) In general.--After receiving, and based on, extensive
consultation and input from stakeholders representing the
transportation community and the Surface Transportation
Research Advisory Committee, the Secretary shall, not later
than 1 year after the date of enactment of the Safe,
Accountable, Flexible, and Efficient Transportation Equity
Act of 2005, complete, and shall periodically update
thereafter, a strategic plan for each of the core surface
transportation research areas, including--
``(A) safety;
``(B) operations;
``(C) infrastructure (including pavements and structures);
``(D) planning and environment;
``(E) policy; and
``(F) asset management.
``(2) Components.--The strategic plan shall specify--
``(A) surface transportation research objectives and
priorities;
``(B) specific surface transportation research projects to
be conducted;
``(C) recommended technology transfer activities to promote
the deployment of advances resulting from the surface
transportation research conducted; and
``(D) short- and long-term technology development and
deployment activities.
``(3) Review and submission of findings.--The Secretary
shall enter into a contract with the Transportation Research
Board of the National Academy of Sciences, on behalf of the
Research and Technology Coordinating Committee of the
National Research Council, under which--
``(A) the Transportation Research Board shall--
``(i) review the research and technology planning and
implementation process used by Federal Highway
Administration; and
``(ii) evaluate each of the strategic plans prepared under
this subsection--

``(I) to ensure that sufficient stakeholder input is being
solicited and considered throughout the preparation process;
and
``(II) to offer recommendations relevant to research
priorities, project selection, and deployment strategies; and

``(B) the Secretary shall ensure that the Research and
Technology Coordinating Committee, in a timely manner,
informs the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of the findings of the review
and evaluation under subparagraph (A).
``(4) Responses of secretary.--Not later than 60 days after
the date of completion of the strategic plan under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and

[[Page S4704]]

Infrastructure of the House of Representatives written
responses to each of the recommendations of the Research and
Technology Coordinating Committee under paragraph
(3)(A)(ii)(II).
``(d) Consistency With Government Performance and Results
Act of 1993.--The plans and reports developed under this
section shall be consistent with and incorporated as part of
the plans developed under section 306 of title 5 and sections
1115 and 1116 of title 31.

``Sec. 509. New strategic highway research program

``(a) In General.--The National Research Council shall
establish and carry out, through fiscal year 2009, a new
strategic highway research program.
``(b) Basis; Priorities.--With respect to the program
established under subsection (a)--
``(1) the program shall be based on--
``(A) National Research Council Special Report No. 260,
entitled `Strategic Highway Research'; and
``(B) the results of the detailed planning work
subsequently carried out to scope the research areas through
National Cooperative Research Program Project 20-58.
``(2) the scope and research priorities of the program
shall--
``(A) be refined through stakeholder input in the form of
workshops, symposia, and panels; and
``(B) include an examination of--
``(i) the roles of highway infrastructure, drivers, and
vehicles in fatalities on public roads;
``(ii) high-risk areas and activities associated with the
greatest numbers of highway fatalities;
``(iii) the roles of various levels of government agencies
and non-governmental organizations in reducing highway
fatalities (including recommendations for methods of
strengthening highway safety partnerships);
``(iv) measures that may save the greatest number of lives
in the short- and long-term;
``(v) renewal of aging infrastructure with minimum impact
on users of facilities;
``(vi) driving behavior and likely crash causal factors to
support improved countermeasures;
``(vii) reduction in congestion due to nonrecurring
congestion;
``(viii) planning and designing of new road capacity to
meet mobility, economic, environmental, and community needs;
``(3) the program shall consider, at a minimum, the results
of studies relating to the implementation of the Strategic
Highway Safety Plan prepared by the American Association of
State Highway and Transportation Officials; and
``(4) the research results of the program, expressed in
terms of technologies, methodologies, and other appropriate
categorizations, shall be disseminated to practicing
engineers as soon as practicable for their use.
``(c) Program Administration.--In carrying out the program
under this section, the National Research Council shall
ensure, to the maximum extent practicable, that--
``(1) the best projects and researchers are selected to
conduct research for the program and priorities described in
subsection (b)--
``(A) on the basis of the merit of each submitted proposal;
and
``(B) through the use of open solicitations and selection
by a panel of appropriate experts;
``(2) the National Research Council acquires a qualified,
permanent core staff with the ability and expertise to manage
a large research program and multiyear budget;
``(3) the stakeholders are involved in the governance of
the program, at the executive, overall program, and technical
levels, through the use of expert panels and committees; and
``(4) there is no duplication of research effort between
the program established under this section and the surface
transportation-environment cooperative research program
established under section 507 or any other research effort of
the Department.
``(d) National Academy of Sciences.--The Secretary may make
grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities
relating to research, technology, and technology transfer
described in subsections (b) and (c) as the Secretary
determines to be appropriate.
``(e) Report on Implementation of Results.--
``(1) In general.--Not later than October 1, 2007, the
Secretary shall enter into a contract with the Transportation
Research Board of the National Academy of Sciences under
which the Transportation Research Board shall complete a
report on the strategies and administrative structure to be
used for implementation of the results of new strategic
highway research program.
``(2) Components.--The report under paragraph (1) shall
include, with respect to the new strategic highway research
program--
``(A) an identification of the most promising results of
research under the program (including the persons most likely
to use the results);
``(B) a discussion of potential incentives for, impediments
to, and methods of, implementing those results;
``(C) an estimate of costs that would be incurred in
expediting implementation of those results; and
``(D) recommendations for the way in which implementation
of the results of the program under this section should be
conducted, coordinated, and supported in future years,
including a discussion of the administrative structure and
organization best suited to carry out those responsibilities.
``(3) Consultation.--In developing the report, the
Transportation Research Board shall consult with a wide
variety of stakeholders, including--
``(A) the American Association of State highway Officials;
``(B) the Federal Highway Administration; and
``(C) the Surface Transportation Research Technology
Advisory Committee.
``(4) Submission.--Not later than February 1, 2009, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the report under this subsection.

``Sec. 510. University transportation centers

``(a) Centers.--
``(1) In general.--During fiscal year 2005, the Secretary
shall provide grants to 40 nonprofit institutions of higher
learning (or consortia of institutions of higher learning) to
establish centers to address transportation design,
management, research, development, and technology matters,
especially the education and training of greater numbers of
individuals to enter into the professional field of
transportation.
``(2) Distribution of centers.--Not more than 1 university
transportation center (or lead university in a consortia of
institutions of higher learning), other than a center or
university selected through a competitive process, may be
located in any State.
``(3) Identification of centers.--The university
transportation centers established under this section shall--
``(A) comply with applicable requirements under subsection
(c); and
``(B) be located at the institutions of higher learning
specified in paragraph (4).
``(4) Identification of groups.--For the purpose of making
grants under this subsection, the following grants are
identified:
``(A) Group a.--Group A shall consist of the 10 regional
centers selected under subsection (b).
``(B) Group b.--Group B shall consist of the following:
``(i) [_________