[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 514 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 514

   To complete construction of the 13-State Appalachian development 
                highway system, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2005

   Mr. Byrd introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To complete construction of the 13-State Appalachian development 
                highway system, and for other purposes.

    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 ``Appalachian Development Highway 
System Completion Act of 2005''.

SEC. 2. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated out of 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, $840,000,000 for each of 
fiscal years 2005 through 2010.
    (b) Apportionment.--The Secretary shall apportion funds made 
available by subsection (a) for fiscal years 2005 through 2010 among 
the States based on the latest available cost-to-complete estimate for 
the Appalachian development highway system under section 14501 of title 
40, United States Code, prepared by the Appalachian Regional 
Commission.
    (c) Applicability of Title 23.--Funds made available by subsection 
(a) 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--
            (1) the Federal share of the cost of any project carried 
        out using the funds shall be determined in accordance with 
        section 14501 of title 40, United States Code; and
            (2) the funds shall remain available until expended.
    (d) Availability of Funds.--Notwithstanding any other provision of 
law enacted before, on, or after the date of enactment of this Act, any 
obligation limitation enacted for any of fiscal years 2005 through 2010 
shall not apply to obligations authorized for the Appalachian 
development highway system program under section 14501 of title 40, 
United States Code.
    (e) Loans Between States.--
            (1) In general.--On notice to the Secretary of 
        Transportation, a State that receives an apportionment under 
        subsection (b) may lend any amount of contract authority or 
        obligation authority available to the State pursuant to the 
        apportionment to any other State that is eligible for such an 
        apportionment for use by the borrowing State for activities 
        eligible under section 14501 of title 40, United States Code.
            (2) Repayment.--Any loan under paragraph (1) shall be 
        repaid not later than September 30, 2010.
    (f) Administrative Expenses.--Section 104(a) of title 23, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``the Federal lands highway program 
                under section 204, or the Appalachian development 
                highway system program under section 201 of the 
                Appalachian Regional Development Act of 1965 (40 U.S.C. 
                App.),'' and inserting ``or the Federal lands highway 
                program under section 204,''; and
                    (B) in subparagraph (A)--
                            (i) by striking ``necessary--'' and all 
                        that follows through ``to administer'' and 
                        inserting ``necessary to administer''; and
                            (ii) by striking clause (ii);
            (2) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (3) by inserting after paragraph (1) the following:
            ``(2) Appalachian development highway system.--Whenever an 
        apportionment is made of the sums made available for 
        expenditure on the Appalachian development highway system 
        program under section 14501 of title 40, the Secretary shall 
        deduct that sum, in an amount not to exceed \2/5\ of 1 percent 
        of the sums made available, as the Secretary determines to be 
        appropriate--
                    ``(A) to administer that section; and
                    ``(B) to make transfers to the Appalachian Regional 
                Commission to pay the costs of administrative 
                activities associated with the Appalachian development 
                highway system.''.
    (g) Minimum Guarantee.--Section 105 of title 23, United States 
Code, is amended--
            (1) in the first sentence of subsection (a), by striking 
        ``Appalachian development highway system,''; and
            (2) in subsection (c)(1), by striking ``Appalachian 
        development highway system,'' each place it appears.
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