S.Amdt. 746

SA 746. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 1816. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM COMPLETION
PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1815(a)), is
amended by adding at the end the following:

``Sec. 178. Appalachian development highway system completion
program

``(a) In General.--The Secretary shall carry out a program,
to be known as the `Appalachian development highway system
completion program' (referred to in this section as the
`program'), to allocate capital funding to expedite the
completion of `ready-to-go' segments of the Appalachian
development highway system.
``(b) Eligible Activities.--A State that receives an
allocation of funds under this section shall use the funds to
construct highways and access roads in accordance with
chapter 145 of title 40.
``(c) Allocation of Funds.--The Secretary shall allocate
funds under the program to each State based on the proportion
that, under the most recent published report of the
Appalachian Regional Commission under section 14501 of title
40--
``(1) the cost of construction of highways and access roads
that are in `final design status' for the Appalachian
development highway system program in the State; bears to
``(2) the cost of construction of highways and access roads
that are in `final design status' for the Appalachian
development highway system program in all States.
``(d) Federal Share.--The Federal share of the cost of
carrying out any project or activity using funds allocated
under the program shall be 80 percent.
``(e) Funding.--
``(1) In general.--There shall be available to the
Secretary to carry out this section, from the Highway Trust
Fund (other than the Mass Transit Account), $650,000,000 for
the period of fiscal years 2005 through 2009, of which--
``(A) $130,000,000 shall be for fiscal year 2005;
``(B) $130,000,000 shall be for fiscal year 2006;
``(C) $130,000,000 shall be for fiscal year 2007;
``(D) $130,000,000 shall be for fiscal year 2008; and
``(E) $130,000,000 shall be for fiscal year 2009.
``(2) Obligation, eligibility, and availability.--Funds
authorized to be appropriated under section 1101(16) of the
Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2004 and made available under paragraph (1) to
carry out this section--
``(A) shall be available for obligation by the Secretary in
the same manner as if the funds were apportioned under this
chapter;
``(B) shall not be considered in determining the
eligibility of any State to receive funds under section 105
or any other and any apportioned formula program including
the equity bonus program; and
``(C) shall 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 1815(b)), is amended by adding at the end of the
following:
``178. Appalachian development highway system completion
program.''.
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