[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3743 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 3743

                 To improve the safety of rural roads.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2004

   Mr. Ney (for himself, Mr. Holden, Mr. Boehlert, and Mr. Isakson) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
                 To improve the safety of rural roads.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Transportation Act''.

SEC. 2. RURAL ROAD SAFETY PROGRAM.

    (a) Findings.--Congress finds that it is in the vital interest of 
the Nation that a rural road safety program be established to ensure 
that the safety of the traveling public is enhanced on rural two-lane 
highways.
    (b) Establishment.--The Secretary shall establish and implement a 
rural road safety program in accordance with this section.
    (c) Apportionments.--
            (1) In general.--On October 1 of each fiscal year, the 
        Secretary shall apportion to each State to carry out this 
        section an amount in the ratio of the percentage of the 
        centerline mileage of two-lane roads in rural areas 
        functionally classified as minor and major collectors and 
        arterials in each State bears to the total centerline mileage 
        of two-lane roads in rural areas functionally classified as 
        minor and major collectors and arterials in all the States.
            (2) Allocation of apportioned funds.--Within each State, 
        funds for the rural road safety program for each fiscal year 
        shall be allocated among State, county, city, and other levels 
        of government commensurate with each entity's ownership ratio 
        of eligible two-lane road mileage of two-lane roads in rural 
        areas functionally classified as minor and major collectors and 
        arterials.
    (d) Location of Projects.--Funds authorized to carry out this 
section shall be available for expenditure only for activities 
described in subsection (h).
    (e) Obligation of Funds.--Funds authorized to be appropriated to 
carry out this section shall be available for obligation in the same 
manner and the same extent as if such funds were apportioned under 
section 104(b) of title 23, United States Code, except that the 
Secretary is authorized to waive provisions that the Secretary 
considers inconsistent with the purposes of this section.
    (f) Cost Sharing.--The Federal share of a project under this 
section shall be 80 percent of the total cost for such project.
    (g) Transferability.--Notwithstanding any other provision of law no 
portion of a State's apportionment allocated for the rural road safety 
program may be transferred to any other apportionment of the State for 
such fiscal year.
    (h) Use of Funds.--A State that receives an apportionment under 
this section may use funds--
            (1) to improve horizontal and vertical alignment;
            (2) to eliminate wheel lane rutting, increase skid 
        resistance, and smooth roadways;
            (3) to improve sight distances;
            (4) to widen lanes and shoulders;
            (5) to install dedicated turn lanes;
            (6) to install and upgrade guardrails, traffic barriers, 
        crash cushions, protective devices, and rumblestrips;
            (7) to install traffic and safety lights, improve signage 
        and pavement markings; and
            (8) to implement other safety activities designated by the 
        Secretary.
    (i) Program.--Not later than 180 days after the date of enactment 
of this Act, each State that receives an apportionment under this 
section shall conduct and systematically maintain an engineering survey 
of all two-lane rural roads classified as minor and major collectors 
and minor arterials--
            (1) to identify dangerous locations, sections, and 
        elements, including roadside obstacles and unmarked or poorly 
        marked roads, which may constitute a danger to motorists, 
        bicyclists, pedestrians, impaired, and ``older'' drivers;
            (2) to assign priorities for the correction of such 
        locations, sections, and elements; and
            (3) establish and implement a schedule of projects for 
        improvement of such roads.
    (j) Evaluation.--
            (1) In general.--Each State shall establish an evaluation 
        process approved by the Secretary to analyze and assess results 
        achieved by safety improvement projects carried out in 
        accordance with the procedures and criteria established by this 
        section.
            (2) Priorities.--Such evaluation process shall develop 
        cost-benefit data for various types of corrections and 
        treatments, which shall be used in setting priorities for 
        safety improvement projects.
    (k) Reporting.--
            (1) In general.--Each State shall report to the Secretary 
        not later than December 30 of each year, regarding the progress 
        of implementing safety improvement projects for danger 
        elimination and the effectiveness of such improvements.
            (2) State assessment.--Each State report shall contain an 
        assessment of the cost of, and safety benefits derived from, 
        the various means and methods used to mitigate or eliminate 
        dangers and the previous and subsequent accident experience at 
        dangerous locations.
            (3) Secretary's report.--The Secretary shall submit a 
        report to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives not later than April 1 of each 
        year regarding the progress of the States in implementing the 
        rural road safety program. The report shall--
                    (A) include the number of projects undertaken, 
                their distribution by cost range, road system, means 
                and methods used, the previous and subsequent accident 
                experience at improved locations and a cost-benefit 
                analysis; and
                    (B) analyze and evaluate each State's program, 
                identify any State found not to be in compliance with 
                the schedule of improvements required by subsection 
                (a), and include recommendations for future 
                implementation of the rural road safety program.
    (l) Definitions.--In this section--
            (1) the term ``rural area'' means all areas of the State 
        not included in urban areas as defined in section 101(a)(29);
            (2) the term ``rural road'' means all roads in rural areas; 
        and
            (3) the term ``Secretary'' means the Secretary of 
        Transportation.
    (m) Authorization of Appropriations Rural Road Safety Program.--To 
carry out the rural road safety program under this section there are 
authorized to be appropriated $1,000,000,000 for each of fiscal years 
2004 through 2009.

SEC. 3. DIVISION BETWEEN CERTAIN AREAS.

    Section 105(c)(2) of title 23, United States Code, is amended by 
striking ``paragraphs (1), (2), and (3) and inserting ``paragraphs (1) 
and (2)''.

SEC. 4. SPECIAL RULE FOR AREAS LESS THAN 5,000 POPULATION.

    Section 133(d)(3)(B) of title 23, United States Code, is amended--
            (1) by inserting ``for roads functionally classified as 
        minor arterials and major and minor collectors'' after 
        ``5,000)''; and
            (2) by striking ``110'' and inserting ``150''.

SEC. 5. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION.

    Section 144 of title 23, United States Code, is amended--
            (1) in subsection (e)--
                    (A) by striking ``Funds'' and inserting the 
                following:
            ``(1) State apportionment.--Funds''; and
                    (B) by adding at the end the following:
            ``(2) Division between state, cities, towns, and 
        counties.--Funds apportioned to each State shall be spent on 
        bridges owned by the State and local governments based on the 
        cost of deficient bridges at each level of government divided 
        by the total cost of deficient bridges in that State.''.
            (2) in subsection (g)(3)--
                    (A) by striking ``15 percent'' and inserting ``25 
                percent''; and
                    (B) by striking ``1987 through 2003'' and inserting 
                ``2004 through 2009''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 504(b) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $20,000,000 for each of fiscal years 2004 through 2009.''.

SEC. 7. STATE PLANNING AND RESEARCH.

    Section 505 of title 23, United States Code, is amended--
            (1) in subsection (a) by striking ``Two percent'' and 
        inserting ``two and \1/2\ percent'';
            (2) by redesignating subsections (c) and (d) as (d) and 
        (e), respectively; and
            (3) by adding after subsection (b) the following:
    ``(c) Local Distribution.--Not less than 20 percent of the funds 
subject to subsection (a) that are apportioned to a State for a fiscal 
year shall be distributed to local governments, local planning 
agencies, including multi-jurisdictional rural planning agencies 
governed by local officials, and other transportation bodies 
responsible for transportation planning in nonmetropolitan areas to be 
used for the development of the statewide transportation improvement 
program.''.

SEC. 8. APPALACHIAN REGIONAL COMMISSION.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Appalachian development highway system program under 
section 14501 of title 40, United States Code, $611,800,000 for each of 
fiscal years 2004 through 2009.
    (b) Apportionment.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall apportion funds made available by subsection 
        (a) for fiscal years 2004 through 2009 among the States based 
        on the latest available cost to complete estimate for the 
        Appalachian development highway system under section 14501 
        title 40, United States Code.
            (2) Local development districts.--Before apportioning 
        amounts to the States under paragraph (1), the Secretary shall 
        make available $11,800,000 to be equally divided among local 
        development districts (as such term is defined in section 14102 
        of title 40, United States Code) to carry out comprehensive 
        regional transportation planning activities, including 
        activities related to linking transportation and economic 
        development investment within the region.
    (c) Applicability of Title 23.--Funds made available by section 
1101(a)(6) of the Transportation Equity Act for the 21st Century for 
the Appalachian development highway system shall be available for 
obligation in the same manner as if such funds were apportioned under 
chapter 1 of title 23, United States Code; except that the Federal 
share of the cost of any project under this section shall be determined 
in accordance with section 14501 of title 40, United States Code, and 
such funds shall be available to construct highways and access roads 
under such section and shall remain available until expended.
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