[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 732 Placed on Calendar Senate (PCS)]
Calendar No. 68
109th CONGRESS
1st Session
S. 732
[Report No. 109-53]
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2005
Mr. Inhofe, from the Committee on Environment and Public Works,
reported the following original bill; which was read twice and placed
on the calendar
_______________________________________________________________________
A BILL
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, 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; 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. Facilitation of international registration plans and
international fuel tax agreements.
Sec. 1305. National Commission on Future Revenue Sources to Support the
Highway Trust Fund and Finance the Needs of
the Surface Transportation System.
Sec. 1306. State infrastructure banks.
Sec. 1307. Public-private partnerships pilot program.
Sec. 1308. Wagering.
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. Identity authentication standards.
Sec. 1410. Open container requirements.
Subtitle E--Environmental Planning and Review
Chapter 1--Transportation Planning
Sec. 1501. Integration of natural resource concerns into State and
metropolitan transportation planning.
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. Exemption from certain hazardous materials transportation
requirements.
Sec. 1622. Funds for rebuilding fish stocks.
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. Off-duty time for drivers of commercial vehicles.
Sec. 1705. 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.
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.
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;
``(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
``(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) $5,799,188,140 for fiscal year 2005;
(B) $6,032,059,334 for fiscal year 2006;
(C) $6,049,378,729 for fiscal year 2007;
(D) $6,351,069,528 for fiscal year 2008; and
(E) $6,443,591,248 for fiscal year 2009.
(2) National highway system.--For the National Highway
System under section 103 of that title--
(A) $7,054,146,316 for fiscal year 2005;
(B) $7,333,629,462 for fiscal year 2006;
(C) $7,354,650,712 for fiscal year 2007;
(D) $7,720,825,041 for fiscal year 2008; and
(E) $7,833,068,496 for fiscal year 2009.
(3) Bridge program.--For the bridge program under section
144 of that title--
(A) $4,970,732,691 for fiscal year 2005;
(B) $5,157,180,500 for fiscal year 2006;
(C) $5,141,987,920 for fiscal year 2007;
(D) $5,429,922,039 for fiscal year 2008; and
(E) $5,509,052,458 for fiscal year 2009.
(4) Surface transportation program.--For the surface
transportation program under section 133 of that title--
(A) $7,318,023,129 for fiscal year 2005;
(B) $7,597,631,986 for fiscal year 2006;
(C) $7,619,446,491 for fiscal year 2007;
(D) $7,999,438,719 for fiscal year 2008; and
(E) $8,116,064,782 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) $1,979,088,016 for fiscal year 2005;
(B) $2,049,058,323 for fiscal year 2006;
(C) $2,054,941,629 for fiscal year 2007;
(D) $2,157,424,382 for fiscal year 2008; and
(E) $2,188,954,810 for fiscal year 2009.
(6) Highway safety improvement program.--For the highway
safety improvement program under section 148 of that title--
(A) $1,196,657,870 for fiscal year 2005;
(C) $1,234,248,870 for fiscal year 2006;
(D) $1,246,818,516 for fiscal year 2007;
(E) $1,308,999,063 for fiscal year 2008; and
(F) $1,328,233,842 for fiscal year 2009.
(7) Appalachian development highway system program.--For
the Appalachian development highway system program under
section 170 of that title, $532,518,499 for each of fiscal
years 2005 through 2009.
(8) Recreational trails program.--For the recreational
trails program under section 206 of that title, $54,154,424 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) $290,251,572 for fiscal year 2005;
(ii) $312,578,616 for fiscal year 2006;
(iii) $334,905,660 for fiscal year 2007;
(iv) $357,232,704 for fiscal year 2008; and
(v) $379,559,748 for fiscal year 2009.
(B) Recreation roads.--For recreation roads under
section 204 of that title, $44,654,088 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) $276,855,346 for fiscal year 2005; and
(ii) $285,786,164 for each of fiscal years
2006 through 2009.
(D) Refuge roads.--For refuge roads under section
204 of that title, $26,792,453 for each of fiscal years
2005 through 2009.
(E) Public lands highways.--For Federal lands
highways under section 204 of that title, $267,924,258
for each of fiscal years 2005 through 2009.
(F) Safety.--For safety under section 204 of that
title, $35,723,270 for each of fiscal years 2005
through 2009.
(10) Multistate corridor program.--For the multistate
corridor program under section 171 of that title--
(A) $120,566,038 for fiscal year 2005;
(B) $140,660,377 for fiscal year 2006;
(C) $160,754,717 for fiscal year 2007;
(D) $180,849,057 for fiscal year 2008; and
(E) $200,943,396 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) $120,566,038 for fiscal year 2005;
(B) $140,660,377 for fiscal year 2006;
(C) $160,754,717 for fiscal year 2007;
(D) $180,849,057 for fiscal year 2008; and
(E) $200,943,396 for fiscal year 2009.
(12) National scenic byways program.--For the national
scenic byways program under section 162 of that title--
(A) $31,257,862 for fiscal year 2005;
(B) $32,150,943 for fiscal year 2006;
(C) $33,044,025 for fiscal year 2007; and
(D) $34,830,189 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, $54,154,424 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) $129,496,855 for fiscal year 2005;
(B) $133,069,182 for fiscal year 2006;
(C) $137,534,591 for fiscal year 2007;
(D) $142,893,082 for fiscal year 2008; and
(E) $145,572,327 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, $8,930,818 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), $26,792,453 for each of
fiscal years 2005 through 2009.
(18) Delta region tranportation development program.--For
planning and construction activities authorized under the Delta
Regional Authority, $71,446,541 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, $8,930,818 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) $34,425,380,000 for fiscal year 2005;
(2) $37,154,999,523 for fiscal year 2006;
(3) $37,450,167,691 for fiscal year 2007;
(4) $38,816,364,417 for fiscal year 2008; and
(5) $40,321,257,845 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.
(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) $415,283,019 for fiscal year 2005;
(2) $428,679,245 for fiscal year 2006;
(3) $442,075,472 for fiscal year 2007;
(4) $455,471,698 for fiscal year 2008; and
(5) $468,867,925 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 ``$44,654,088''.
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--
``(1) $415,283,019 for fiscal year 2005;
``(2) $428,679,245 for fiscal year 2006;
``(3) $442,075,472 for fiscal year 2007;
``(4) $455,471,698 for fiscal year 2008; and
``(5) $468,867,925 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; and
``(M) the rail-highway grade crossing program under
section 130.
``(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 110 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.--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 90.5 percent 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.
``(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, 119 percent;
``(B) for fiscal year 2006, 122 percent;
``(C) for fiscal year 2007, 123 percent;
``(D) for fiscal year 2008, 128 percent; and
``(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 System Study.--
(1) In general.--The Secretary shall--
(A) conduct a complete investigation and study of
the current condition and future needs of the surface
transportation system of the United States, including--
(i) the National Highway System;
(ii) the Interstate System;
(iii) the strategic highway network;
(iv) congressional high priority corridors;
(v) intermodal connectors;
(vi) freight facilities;
(vii) navigable waterways;
(viii) mass transportation;
(ix) freight and intercity passenger rail
infrastructure and facilities; and
(x) surface access to airports; and
(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.
(2) Specific issues.--In conducting the investigation and
study, the Secretary 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, including funding needs and
potential approaches to provide funds.
(3) 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
appropriate by the Secretary to ensure a diverse range
of views.
(4) Report.--Not later than 4 years after the date of
enactment of this Act, 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, and make readily available to the public, a
report on the results of the investigation and study conducted
under this subsection.
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 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) $54,154,424 for each fiscal year to carry out this
section.
``(2) Availability.--Notwithstanding section 118(a), funds
made available under paragraph (1) shall 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
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 $116,100,629 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 $1,786,164 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 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. FACILITATION OF INTERNATIONAL REGISTRATION PLANS AND
INTERNATIONAL FUEL TAX AGREEMENTS.
(a) In General.--Chapter 317 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 31708. Facilitation of international registration plans and
international fuel tax agreements
``The Secretary may provide assistance to any State that is
participating in the International Registration Plan and International
Fuel Tax Agreement, as provided in sections 31704 and 31705,
respectively, and that serves as a base jurisdiction for motor carriers
that are domiciled in Mexico, to assist the State with administrative
costs resulting from serving as a base jurisdiction for motor carriers
from Mexico.''.
(b) Conforming Amendment.--The analysis for chapter 317 of title
49, United States Code, is amended by adding at the end the following:
``31708. Facilitation of international registration plans and
international fuel tax agreements.''.
SEC. 1305. NATIONAL COMMISSION ON FUTURE REVENUE SOURCES TO SUPPORT THE
HIGHWAY TRUST FUND AND FINANCE THE NEEDS OF THE SURFACE
TRANSPORTATION SYSTEM.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on Future Revenue Sources to Support the
Highway Trust Fund and Finance the Needs of the Surface Transportation
System'' (referred to in this section as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members, of whom--
(A) 3 members shall be appointed by the President;
(B) 2 members shall be appointed by the Speaker of
the House of Representatives;
(C) 2 members shall be appointed by the minority
leader of the House of Representatives;
(D) 2 members shall be appointed by the majority
leader of the Senate; and
(E) 2 members shall be appointed by the minority
leader of the Senate.
(2) Qualifications.--Members appointed under paragraph (1)
shall have experience in or represent the interests of--
(A) public finance, including experience in
developing State and local revenue resources;
(B) surface transportation program administration;
(C) organizations that use surface transportation
facilities;
(D) academic research into related issues; or
(E) other activities that provide unique
perspectives on current and future requirements for
revenue sources to support the Highway Trust Fund.
(3) 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.
(4) Terms.--A member shall be appointed for the life of the
Commission.
(5) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(6) 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.
(7) Meetings.--The Commission shall meet at the call of the
Chairperson.
(8) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(9) Chairperson and vice chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among the
members of the Commission.
(c) Duties.--
(1) In general.--The Commission shall--
(A) conduct 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) conduct the study in a manner that builds on--
(i) 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
(ii) other relevant prior research;
(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 support the
Highway Trust Fund; and
(ii) the time frame for taking those
actions.
(2) Specific matters.--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.
(3) Related work.--To the maximum extent practicable, the
study shall build on related work that has been done by--
(A) the Secretary of Transportation;
(B) the Secretary of Energy;
(C) the Transportation Research Board; and
(D) other entities and persons.
(4) Factors.--In developing 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 non-taxed 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.
(5) 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 appropriate.
(d) Powers.--
(1) 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.
(2) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from a Federal agency such information as the
Commission considers necessary to carry out this
section.
(B) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency
shall provide the information to the Commission.
(3) 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.
(4) Donations.--The Commission may accept, use, and dispose
of donations of services or property.
(e) Commission Personnel Matters.--
(1) Members.--A member of the Commission shall serve
without pay but shall be allowed travel expenses, including per
diem in 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.
(2) Contractor.--The Commission may contract with an
appropriate organization, agency, or entity to conduct the
study required under this section, under the strategic guidance
of the Commission.
(3) 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.
(4) Detail of department personnel.--
(A) 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.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(5) 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.
(f) Relationship to Other Laws.--
(1) In general.--Except as provided in paragraphs (2) and
(3), 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.
(2) Federal share.--The Federal share of the cost of the
study and the Commission under this section shall be 100
percent.
(3) Availability.--Funds made available to carry out this
section shall remain available until expended.
(g) 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 $2,679,245 for fiscal year 2005.
(h) Termination.--
(1) 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 subsection (c)(5).
(2) Records.--Not later than the termination date for the
Commission, all records and papers of the Commission shall be
delivered to the Archivist of the United States for deposit in
the National Archives.
SEC. 1306. 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. 1307. 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.''.
SEC. 1308. WAGERING.
(a) In General.--Chapter 35 of the Internal Revenue Code of 1986 is
repealed.
(b) Conforming Amendments.--
(1) Section 4901 of the Internal Revenue Code is amended to
read as follows:
``SEC. 4901. PAYMENT OF TAX.
``All special taxes shall be imposed as of on the first day of July
in each year, or on commencing any trade or business on which such tax
is imposed. In the former case the tax shall be reckoned for 1 year,
and in the latter case it shall be reckoned proportionately, from the
first day of the month in which the liability to a special tax
commenced, to and including the 30th day of June following.''.
(2) Section 4903 of such Code is amended by striking ``,
other than the tax imposed by section 4411,''.
(3) Section 4905 of such Code is amended to read as
follows:
``SEC. 4905. LIABILITY IN CASE OF DEATH OR CHANGE OF LOCATION.
``When any person who has paid the special tax for any trade or
business dies, his spouse or child, or executors or administrators or
other legal representatives, may occupy the house or premises, and in
like manner carry on, for the residue of the term for which the tax is
paid, the same trade or business as the deceased before carried on, in
the same house and upon the same premises, without the payment of any
additional tax. When any person removes from the house or premises for
which any trade or business was taxed to any other place, he may carry
on the trade or business specified in the register kept in the office
of the official in charge of the internal revenue district at the place
to which he removes, without the payment of any additional tax:
Provided, That all cases of death, change, or removal, as aforesaid,
with the name of the successor to any person deceased, or of the person
making such change or removal, shall be registered with the Secretary,
under regulations to be prescribed by the Secretary.''.
(4) Section 4907 of such Code is amended by striking ``,
except the tax imposed by section 4411,''.
(5) Section 6103(i)(8)(A) of such Code is amended--
(A) by striking ``, except to the extent authorized
by subsection (f) or (p)(6), disclose to any person,
other than another officer or employee of such office
whose official duties require such disclosure, any
return or return information described in section
4424(a) in a form which can be associated with, or
otherwise identify, directly or indirectly, a
particular taxpayer, nor shall such officer or employee
disclose any other'' and inserting ``disclose any'',
and
(B) by striking ``such other officer'' and
inserting ``such officer''.
(6) Section 6103(o) of such Code is amended to read as
follows:
``(o) Disclosure of Returns and Return Information With Respect to
Taxes Imposed by Subtitle E.--Returns and return information with
respect to taxes imposed by subtitle E (relating to taxes on alcohol,
tobacco, and firearms) shall be open to inspection by or disclosure to
officers and employees of a Federal agency whose official duties
require such inspection or disclosure.''.
(7)(A) Subchapter B of chapter 65 of such Code is amended
by striking section 6419 (relating to excise tax on wagering).
(B) The table of section of subchapter B of chapter 65 of
such Code is amended by striking the item relating to section
6419.
(8) Section 6806 of such Code is amended by striking
``under subchapter B of chapter 35, under subchapter B of
chapter 36,'' and inserting ``under subchapter B of chapter
36''.
(9) Section 7012 of such Code is amended by striking
paragraph (2) and by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively.
(10)(A) Subchapter B of chapter 75 of such Code is amended
by striking section 7262 (relating to violation of occupational
tax laws relating to wagering-failure to pay special tax).
(B) The table of sections of subchapter B of chapter 75 of
such Code is amended by striking the item relating to section
7262.
(11) Section 7272 of such Code, as amended by section 5244
of this Act, is amended to read as follows:
``SEC. 7272. PENALTY FOR FAILURE TO REGISTER.
``Any person (other than persons required to register under
subtitle E, or persons engaging in a trade or business on which a
special tax is imposed by such subtitle) who fails to register with the
Secretary as required by this title or by regulations issued thereunder
shall be liable to a penalty of $50 ($10,000 in the case of a failure
to register under section 4101).''.
(12) Section 7613(a) is amended by striking ``or other data
in the case of'' and all that follows and inserting ``or other
data in the case of alcohol, tobacco, and firearms taxes, see
subtitle E.''.
(13) The table of chapters of subtitle D of such Code is
amended by striking the item relating to chapter 35.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to wagers placed
after the date of the enactment of this Act.
(2) Special taxes.--In the case of amendments made by this
section relating to special taxes imposed by subchapter B of
chapter 35, the amendments made by this section shall take
effect on July 1, 2005.
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; 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, 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;
``(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, 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 States involving bicyclists and
pedestrians.
``(i) Roadway Safety Improvements for Older Drivers and
Pedestrians.--For each of fiscal years 2005 through 2009, $22,327,044
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
$178,616,352 of the funds authorized and expended under section
148 shall be 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 ``$535,849''.
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 $62,515,723 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.''.
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. IDENTITY AUTHENTICATION STANDARDS.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code (as amended by section 1824(a)), is amended by adding at
the end the following:
``Sec. 179. Identity authentication standards
``(a) Definition of Information-Based Identity Authentication.--In
this section, the term `information-based identity authentication'
means the determination of the identity of an individual, through the
comparison of information provided by a person, with other information
pertaining to that individual with a system using scoring models and
algorithms.
``(b) Standards.--Not later than 180 days after the date of
enactment of this section, the Secretary, in consultation with the
Secretary of Homeland Security and the Federal Motor Carrier Safety
Administration, shall promulgate regulations establishing minimum
standards for State departments of motor vehicles regarding the use of
information-based identity authentication to determine the identity of
an applicant for a commercial driver's license, or the renewal,
transfer or upgrading, of a commercial driver's license.
``(c) Minimum Standards.--The regulations shall, at a minimum,
require State departments of motor vehicles to implement, and
applicants for commercial driver's licenses, (or the renewal, transfer,
or upgrading of commercial driver's licenses), to comply with,
reasonable procedures for operating an information-based identity
authentication program before issuing, renewing, transferring, or
upgrading a commercial driver's license.
``(d) Key Factors.--In promulgating regulations under this section,
the Secretary shall require that an information-based identity
authentication program carried out under this section establish
processes that--
``(1) use multiple sources of matching information;
``(2) enable the measurement of the accuracy of the
determination of an applicant's identity;
``(3) support continuous auditing of compliance with
applicable laws, policies, and practices governing the
collection, use, and distribution of information in the
operation of the program; and
``(4) incorporate industry best practices to protect
significant privacy interests in the information used in the
program and the appropriate safeguarding of the storage of the
information.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
I of title 23, United States Code (as amended by section 1824(b)), is
amended by adding at the end the following:
``179. Identity authentication standards.''.
SEC. 1410. 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.''.
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 and
local agencies responsible for--
``(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 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--
``(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 participating 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
``(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 day 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 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; and
``(E) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(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.
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 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.''.
(2) Title 49.--Section 303 of title 49, United States Code,
is amended--
(A) by striking ``(c) The Secretary'' and inserting
the following:
``(c) Approval of Programs and Projects.--Subject to subsection
(d), the Secretary''; and
(B) by adding at the end the following:
``(d) 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
(B) may include, as appropriate, examples to
facilitate clear and consistent interpretation by
agency decisionmakers.
(c) Implementation Study.--
(1) In general.--The Secretary and the Transportation
Research Board of the National Academy of Sciences shall
jointly conduct a study on the implementation of this section
and the amendments made by this section.
(2) Components.--In conducting the study, the Secretary and
the Transportation Research Board 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 and the
Transportation Research Board shall prepare--
(A) not earlier than the date that is 4 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 September 30, 2009, an update on
the report required under subparagraph (A).
(4) Report recipients.--The Secretary and the
Transportation Research Board shall--
(A) submit 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 $3,572,327 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--
``(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 $8,930,818 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.''.
SEC. 1602. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Section 162 of title 23, United States Code, is
amended--
(1) in subsection (a)(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.'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by striking ``designated
as'' and all that follows and inserting ``designated
as--
``(i) National Scenic Byways;
``(ii) All-American Roads; or
``(iii) America's Byways; and'';
(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''; and
(ii) in subparagraph (B), 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
(3) in subsection (c)(4), by striking ``passing lane,''.
(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
$1,786,164 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
(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.
(a) In General.--Section 109(a) of title 23, United States Code, is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) consider the preservation, historic, scenic, natural
environmental, and community values.''.
(b) Context Sensitive Design.--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
has been certified by the Administrator of the
Environmental Protection Agency--
``(I)(aa) to have a 45-mile per
gallon or greater fuel economy highway
rating; or
``(bb) to qualify as an alternative
fueled vehicle under section 301 of the
Energy Policy Act of 1992 (42 U.S.C.
13211); and
``(II) as meeting Tier II emission
level 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 vehicle.
``(ii) 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 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
$446,541 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.--
``(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 $9,823,899 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
``(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.
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.''.
SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.
(a) Eligible Projects.--Section 149(b) of title 23, United States
Code, is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) 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)--
(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,
2003);
``(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, 2003), 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, 2003), 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, 2003).
``(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, 2003), 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,
2003), 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
``(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, 2005, 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.--
``(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. EXEMPTION FROM CERTAIN HAZARDOUS MATERIALS TRANSPORTATION
REQUIREMENTS.
(a) Definition of Eligible Person.--In this section, the term
``eligible person'' means an agricultural producer that has gross
agricultural commodity sales that do not exceed $446,541.
(b) Exemption.--Subject to subsection (c), part 172 of title 49,
Code of Federal Regulations, shall not apply to an eligible person that
transports a fertilizer, pesticide, propane, gasoline, or diesel fuel
for agricultural purposes, to the extent determined by the Secretary.
(c) Applicability.--Subsection (b) applies to security plan
requirements under subpart I of part 172 of title 49, Code of Federal
Regulations (or a successor regulation).
SEC. 1622. 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.
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 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. OFF-DUTY TIME FOR DRIVERS OF COMMERCIAL VEHICLES.
Section 345(a)(2) of the National Highway System Designation Act of
1995 (49 U.S.C. 31136 note; 109 Stat. 613) is amended by adding at the
end the following: ``No additional off-duty time for a driver of such a
vehicle shall be required in order for the driver to operate the
vehicle.''.
SEC. 1705. 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.--Section 134(i)(1) of title 23, United
States Code, is amended by adding at the end the following:
``(C) Special designation.--
``(i) In general.--The urbanized areas of
Oklahoma City, Oklahoma, and Norman, Oklahoma,
shall be designated as a single transportation
management area.
``(ii) Allocation.--The allocation of funds
to the Oklahoma City-Norman Transportation
Management Area designated under clause (i)
shall be based on the aggregate population of
the 2 urbanized areas referred to in that
clause, as determined by the Bureau of the
Census.''.
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.
``(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) Contractor Suspension and Debarment Policy; Sharing Fraud
Monetary Recoveries.--
(1) In general.--Section 307 of title 49, United States
Code, is amended to read as follows:
``Sec. 307. Contractor suspension and debarment policy; sharing fraud
monetary recoveries
``(a) Mandatory Enforcement Policy.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary--
``(A) shall debar any contractor or subcontractor
convicted of a criminal or civil offense involving
fraud relating to a project receiving Federal highway
or transit funds for such period as the Secretary
determines to be appropriate; and
``(B) subject to approval by the Attorney General--
``(i) except as provided in paragraph (2),
shall suspend any contractor or subcontractor
upon indictment for criminal or civil offenses
involving fraud; and
``(ii) may exclude nonaffiliated
subsidiaries of a debarred business entity.
``(2) National security exception.--If the Secretary finds
that mandatory debarment or suspension of a contractor or
subcontractor under paragraph (1) would be contrary to the
national security of the United States, the Secretary--
``(A) may waive the debarment or suspension; and
``(B) in the instance of each waiver, shall provide
notification to Congress of the waiver with appropriate
details.
``(b) Sharing of Monetary Recoveries.--
``(1) In general.--Notwithstanding any other provision of
law--
``(A) 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
``(B) 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.
``(2) Amount.--The amount of recovered funds to be shared
with an affected State or local transit agency shall be--
``(A) determined by the Attorney General, in
consultation with the Secretary; and
``(B) considered to be Federal funds to be used in
compliance with other relevant Federal transportation
laws (including regulations).
``(3) Fraudulent activity.--Paragraph (1) 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. Contractor suspension and debarment policy; 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 ``$89,308,176
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.
``(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 applicable for each fiscal
year.
``(ii) Formula.--If the Secretary of the
Interior has not promulgated final regulations
for the distribution of funds under clause (i)
for a fiscal year by the date on which the
funds for the fiscal year are required to be
distributed under that clause, the Secretary of
the Interior shall distribute the funds under
clause (i) in accordance with the applicable
funding formula for the preceding year.
``(iii) 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) $13,396,226 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 only after approval by
the Secretary of applicable plans,
specifications, and estimates.''; 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 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.
``(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 apportioned for
Indian reservation roads from the Highway Trust Fund, an Indian tribe
may expend for the purpose of maintenance not more than the greater of
$250,000 or 25 percent of the apportioned amount. 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--
(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 $133,962,264 shall be apportioned as provided in
subsection (e).
``(B) Availability.--The $133,962,264 referred to
in subparagraph (A) shall be available at the
discretion of the Secretary, except that not to exceed
$22,327,044 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) $44,654,088 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) $44,654,088 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.''.
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; 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--
``(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, and technology 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 $12,503,145 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).
``(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 $44,654,088 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
$8,930,818 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,
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
$8,930,818 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, $13,396,226 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 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 $13,396,226 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) $357,232,704 for fiscal year
2005;
``(II) $370,628,931 for fiscal year
2006;
``(III) $379,559,748 for fiscal
year 2007;
``(IV) $388,490,566 for fiscal year
2008; and
``(V) $401,886,792 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 $17,420,000, 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 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
``$1,607,547 for each of fiscal years 2005 through 2009''.
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) $188,440,252 for fiscal year 2005;
(ii) $192,012,579 for fiscal year 2006;
(iii) $194,691,824 for fiscal year 2007;
(iv) $196,477,987 for fiscal year 2008; and
(v) $199,157,233 for fiscal year 2009.
(B) Surface transportation-environmental
cooperative research program.--For each of fiscal years
2005 through 2009, the Secretary shall set aside
$17,861,635 of the funds authorized under subparagraph
(A) to 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) $25,006,289 for fiscal year 2005;
(B) $25,899,371 for fiscal year 2006;
(C) $26,792,453 for fiscal year 2007;
(D) $27,685,535 for fiscal year 2008; and
(E) $28,578,616 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, $25,006,289 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) $109,849,057 for fiscal year 2005;
(B) $112,528,302 for fiscal year 2006;
(C) $115,207,547 for fiscal year 2007;
(D) $117,886,792 for fiscal year 2008; and
(E) $120,566,038 for fiscal year 2009.
(5) University transportation centers.--For carrying out
section 510 of title 23, United States Code $40,188,679 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) $24,113,208 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) $16,075,472 for fiscal year 2005, $15,182,390
for fiscal year 2006, $13,396,226 for fiscal year 2007,
$10,716,981 for fiscal year 2008, and $8,930,818 for
fiscal year 2009 shall be available to carry out the
long-term pavement performance program under section
502(e) of that title;
(C) $5,358,491 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 $893,082 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) $5,358,491 for each of fiscal years 2005
through 2009 shall be made available to carry out
research on asphalt used in highway pavements;
(E) $5,358,491 for each of fiscal years 2005
through 2009 shall be made available to carry out
research on concrete pavements;
(F) $2,679,245 for each of fiscal years 2005
through 2009 shall be made available to carry out
research on aggregates used in highway pavements;
(G) $4,242,138 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;
(H) $1,786,164 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
(I) $2,679,245 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), $53,584,906 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) $11,163,522 for fiscal year 2005, $11,610,063
for fiscal year 2006, $12,056,604 for fiscal year 2007,
$12,503,145 for fiscal year 2008, and $12,949,686 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) $13,396,226 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) $2,679,245 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), $446,541 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) $13,396,226 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) $16,968,553 of the amounts made available for
the National Highway System under section 101 of title
23, United States Code, for the fiscal year;
(C) $11,610,063 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) $17,861,635 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) $4,465,409 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) $2,679,245 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 $26,792,453 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) $388,669,286 for fiscal year 2005;
(2) $395,813,942 for fiscal year 2006;
(3) $402,065,516 for fiscal year 2007;
(4) $407,424,008 for fiscal year 2008; and
(5) $413,675,582 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.
``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;
``(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)
$16,075,472 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.
``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 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 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 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 $178,616 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 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) [_________].
``(ii) [_________].
``(iii) [_________].
``(iv) [_________].
``(v) [_________].
``(vi) [_________].
``(vii) [_________].
``(viii) [_________].
``(ix) [_________].
``(x) [_________].
``(xi) [_________].
``(C) Group c.--Group C shall consist of the
following:
``(i) [_________].
``(ii) [_________].
``(iii) [_________].
``(iv) [_________].
``(v) [_________].
``(vi) [_________].
``(vii) [_________].
``(viii) [_________].
``(ix) [_________].
``(x) [_________].
``(xi) [_________].
``(D) Group d.--Group D shall consist of the
following:
``(i) [_________].
``(ii) [_________].
``(iii) [_________].
``(iv) [_________].
``(v) [_________].
``(vi) [_________].
``(vii) [_________].
``(viii) [_________].
``(b) Regional Centers.--
``(1) In general.--Not later than September 30, 2005, the
Secretary shall provide to nonprofit institutions of higher
learning (or consortia of institutions of higher learning)
grants to be used during the period of fiscal years 2005
through 2009 to establish and operate 1 university
transportation center in each of the 10 Federal regions that
comprise the Standard Federal Regional Boundary System.
``(2) Selection of regional centers.--
``(A) Proposals.--In order to be eligible to
receive a grant under this subsection, an institution
described in paragraph (1) shall submit to the
Secretary a proposal, in response to any request for
proposals that shall be made by the Secretary, that is
in such form and contains such information as the
Secretary shall prescribe.
``(B) Request schedule.--The Secretary shall
request proposals once for the period of fiscal years
2005 and 2006 and once for the period of fiscal years
2007 through 2009.
``(C) Eligibility.--Any institution of higher
learning (or consortium of institutions of higher
learning) that meets the criteria described in
subsection (c) (including any institution identified in
subsection (a)(4)) may apply for a grant under this
subsection.
``(D) Selection criteria.--The Secretary shall
select each recipient of a grant under this subsection
through a competitive process on the basis of--
``(i) the location of the center within the
Federal region to be served;
``(ii) the demonstrated research
capabilities and extension resources available
to the recipient to carry out this section;
``(iii) the capability of the recipient to
provide leadership in making national and
regional contributions to the solution of
immediate and long-range transportation
problems;
``(iv) the demonstrated ability of the
recipient to disseminate results of
transportation research and education programs
through a statewide or regionwide continuing
education program; and
``(v) the strategic plan that the recipient
proposes to carry out using funds from the
grant.
``(E) Selection process.--In selecting the
recipients of grants under this subsection, the
Secretary shall consult with, and consider the advice
of--
``(i) the Research and Special Programs
Administration;
``(ii) the Federal Highway Administration;
and
``(iii) the Federal Transit Administration.
``(c) Center Requirements.--
``(1) In general.--With respect to a university
transportation center established under subsection (a) or (b),
the institution or consortium that receives a grant to
establish the center--
``(A) shall annually contribute at least $250,000
to the operation and maintenance of the center, except
that payment by the institution or consortium of the
salary required for transportation-related faculty and
staff for a period greater than 90 days may not be
counted against that contribution;
``(B) shall have established, as of the date of
receipt of the grant, undergraduate or graduate
programs in--
``(i) civil engineering;
``(ii) transportation engineering;
``(iii) transportation systems management
and operations; or
``(iv) any other field significantly
related to surface transportation systems, as
determined by the Secretary; and
``(C) not later than 120 days after the date on
which the institution or consortium receives notice of
selection as a site for the establishment of a
university transportation center under this section,
shall submit to the Secretary a 6-year program plan for
the university transportation center that includes,
with respect to the center--
``(i) a description of the purposes of
programs to be conducted by the center;
``(ii) a description of the undergraduate
and graduate transportation education efforts
to be carried out by the center;
``(iii) a description of the nature and
scope of research to be conducted by the
center;
``(iv) a list of personnel, including the
roles and responsibilities of those personnel
within the center; and
``(v) a detailed budget, including the
amount of contributions by the institution or
consortium to the center; and
``(D) shall establish an advisory committee that--
``(i) is composed of a representative from
each of the State transportation department of
the State in which the institution or
consortium is located, the Department of
Transportation, and the institution or
consortia, as appointed by those respective
entities;
``(ii) in accordance with paragraph (2),
shall review and approve or disapprove the plan
of the institution or consortium under
subparagraph (C); and
``(iii) shall, to the maximum extent
practicable, ensure that the proposed research
to be carried out by the university
transportation center will contribute to the
national highway research and technology
agenda, as periodically updated by the
Secretary, in consultation with stakeholders
representing the highway community.
``(2) Peer review.--
``(A) In general.--The Secretary shall require peer
review for each report on research carried out using
funds made available for this section.
``(B) Purposes of peer review.--Peer review of a
report under this section shall be carried out to
evaluate--
``(i) the relevance of the research
described in the report with respect to the
strategic plan under, and the goals of, this
section;
``(ii) the research covered by the report,
and to recommend modifications to individual
project plans;
``(iii) the results of the research before
publication of those results; and
``(iv) the overall outcomes of the
research.
``(C) Internet availability.--Each report under
this section that is received by the Secretary shall be
published--
``(i) by the Secretary, on the Internet
website of the Department of Transportation;
and
``(ii) by the University Transportation
Center.
``(3) Approval of plans--A plan of an institution or
consortium described in paragraph (1)(C) shall not be submitted
to the Secretary until such time as the advisory committee
established under paragraph (1)(D) reviews and approves the
plan.
``(4) Failure to comply.--If a recipient of a grant under
this subsection fails to submit a program plan acceptable to
the Secretary and in accordance with paragraph (1)(C)--
``(A) the recipient shall forfeit the grant and the
selection of the recipient as a site for the
establishment of a university transportation center;
and
``(B) the Secretary shall select a replacement
recipient for the forfeited grant.
``(5) Applicability.--This subsection does not apply to any
research funds received in accordance with a competitive
contract offered and entered into by the Federal Highway
Administration.
``(d) Objectives.--Each university transportation center
established under subsection (a) or (b) shall carry out--
``(1) undergraduate or graduate education programs that
include--
``(A) multidisciplinary coursework; and
``(B) opportunities for students to participate in
research;
``(2) basic and applied research, the results and products
of which shall be judged by peers or other experts in the field
so as to advance the body of knowledge in transportation; and
``(3) an ongoing program of technology transfer that makes
research results available to potential users in such form as
will enable the results to be implemented, used, or otherwise
applied.
``(e) Maintenance of Effort.--To be eligible to receive a grant
under this section, an applicant shall--
``(1) enter into an agreement with the Secretary to ensure
that the applicant will maintain total expenditures from all
other sources to establish and operate a university
transportation center and related educational and research
activities at a level that is at least equal to the average
level of those expenditures during the 2 fiscal years before
the date on which the grant is provided;
``(2) provide the annual institutional contribution
required under subsection (c)(1); and
``(3) submit to the Secretary, in a timely manner, for use
by the Secretary in the preparation of the annual research
report under section 508(c)(5) of title 23, an annual report on
the projects and activities of the university transportation
center for which funds are made available under section 2001 of
the Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2005 that contains, at a minimum, for the fiscal
year covered by the report, a description of--
``(A) the goals of the center;
``(B) the educational activities carried out by the
center (including a detailed summary of the budget for
those educational activities);
``(C) teaching activities of faculty at the center;
``(D) each research project carried out by the
center, including--
``(i) the identity and location of each
investigator working on a research project;
``(ii) the overall funding amount for each
research project (including the amounts
expended for the project as of the date of the
report);
``(iii) the current schedule for each
research project; and
``(iv) the results of each research project
through the date of submission of the report,
with particular emphasis on results for the
fiscal year covered by the report; and
``(E) overall technology transfer and
implementation efforts of the center.
``(f) Program Coordination.--The Secretary shall--
``(1) coordinate the research, education, training, and
technology transfer activities carried out by recipients of
grants under this section; and
``(2) establish and operate a clearinghouse for, and
disseminate, the results of those activities.
``(g) Funding.--
``(1) Number and amount of grants.--The Secretary shall
make the following grants under this subsection:
``(A) Group a.--For each of fiscal years 2005
through 2009, the Secretary shall make a grant in the
amount of $893,082 to each of the institutions in group
A (as described in subsection (a)(4)(A)).
``(B) Group b.--The Secretary shall make a grant to
each of the institutions in group B (as described in
subsection (a)(4)(B)) in the amount of--
``(i) $357,240 for fiscal year 2005; and
``(ii) $535,860 for each of fiscal years
2006 and 2007.
``(C) Group c.--For each of fiscal years 2005
through 2007, the Secretary shall make a grant in the
amount of $893,082 to each of the institutions in group
C (as described in subsection (a)(4)(C)).
``(D) Group d.--For each of fiscal years 2005
through 2009, the Secretary shall make a grant in the
amount of $1,786,164 to each of the institutions in
group D (as described in subsection (a)(4)(D)).
``(E) Limited grants for groups b and c.--For each
of fiscal years 2008 and 2009, of the institutions
classified in groups B and C (as described in
subsection (a)(4)(B)), the Secretary shall select and
make grants in an amount totaling $35,724,000 to not
more than 15 institutions.
``(2) Use of funds--
``(A) In general.--Of the funds made available for
a fiscal year to a university transportation center
established under subsection (a) or (b)--
``(i) not less than $250,000 shall be used
to establish and maintain new faculty positions
for the teaching of undergraduate,
transportation-related courses;
``(ii) not more than $500,000 for the
fiscal year, or $1,000,000 in the aggregate,
may be used to construct or improve
transportation-related laboratory facilities;
and
``(iii) not more than $300,000 for the
fiscal year may be used for student internships
of not more than 180 days in duration to enable
students to gain experience by working on
transportation projects as interns with design
or construction firms.
``(B) Facilities and administration fee.--Not more
than 10 percent of any grant made available to a
university transportation center (or any institution or
consortium that establishes such a center) for a fiscal
year may be used to pay to the appropriate nonprofit
institution of higher learning any administration and
facilities fee (or any similar overhead fee) for the
fiscal year.
``(3) Limitation on availability of funds.--Funds made
available under this subsection shall remain available for
obligation for a period of 2 years after September 30 of the
fiscal year for which the funds are authorized.
``Sec. 511. Multistate corridor operations and management
``(a) In General.--The Secretary shall encourage multistate
cooperative agreements, coalitions, or other arrangements to promote
regional cooperation, planning, and shared project implementation for
programs and projects to improve transportation system management and
operations.
``(b) Interstate Route I-95 Corridor Coalition Transportation
Systems Management and Operations.--
``(1) In general.--The Secretary shall make grants under
this subsection to States to continue intelligent
transportation system management and operations in the
Interstate Route I-95 corridor coalition region initiated under
the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240).
``(2) Funding.--Of the amounts made available under section
2001(a)(4) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005, the Secretary shall use to
carry out this subsection--
``(A) $8,930,818 for fiscal year 2005;
``(B) $10,716,981 for fiscal year 2006;
``(C) $10,716,981 for fiscal year 2007;
``(D) $10,716,981 for fiscal year 2008; and
``(E) $10,716,981 for fiscal year 2009.
``Sec. 512. Transportation analysis simulation system
``(a) Continuation of Transims Development.--
``(1) In general.--The Secretary shall continue the
deployment of the advanced transportation model known as the
`Transportation Analysis Simulation System' (referred to in
this section as `TRANSIMS') developed by the Los Alamos
National Laboratory.
``(2) Requirements and considerations.--In carrying out
paragraph (1), the Secretary shall--
``(A) further improve TRANSIMS to reduce the cost
and complexity of using the TRANSIMS;
``(B) continue development of TRANSIMS for
applications to facilitate transportation planning,
regulatory compliance, and response to natural
disasters and other transportation disruptions; and
``(C) assist State transportation departments and
metropolitan planning organizations, especially smaller
metropolitan planning organizations, in the
implementation of TRANSIMS by providing training and
technical assistance.
``(b) Eligible Activities.--The Secretary shall use funds made
available to carry out this section--
``(1) to further develop TRANSIMS for additional
applications, including--
``(A) congestion analyses;
``(B) major investment studies;
``(C) economic impact analyses;
``(D) alternative analyses;
``(E) freight movement studies;
``(F) emergency evacuation studies;
``(G) port studies; and
``(H) airport access studies;
``(2) provide training and technical assistance with
respect to the implementation and application of TRANSIMS to
States, local governments, and metropolitan planning
organizations with responsibility for travel modeling;
``(3) develop methods to simulate the national
transportation infrastructure as a single, integrated system
for the movement of individuals and goods;
``(4) provide funding to State transportation departments
and metropolitan planning organizations for implementation of
TRANSIMS.
``(c) Allocation of Funds.--Of the funds made available to carry
out this section for each fiscal year, not less than 15 percent shall
be allocated for activities described in subsection (b)(3).
``(d) Funding.--Of the amounts made available under section 2001(a)
of the Safe, Accountable, Flexible, and Efficient Transportation Equity
Act of 2005 for each of fiscal years 2005 through 2009, the Secretary
shall use $893,082 to carry out this section.
``(e) Availability of Funds.--Funds made available under this
section shall be available to the Secretary through the Transportation
Planning, Research, and Development Account of the Office of the
Secretary.''.
(b) Other University Funding.--No university (other than university
transportation centers specified in section 510 of title 23, United
States Code (as added by subsection (a)) shall receive funds made
available under section 2001 to carry out research unless the
university is selected to receive the funds--
(1) through a competitive process that incorporates merit-
based peer review; and
(2) based on a proposal submitted to the Secretary by the
university in response to a request for proposals issued by the
Secretary.
(c) Conforming Amendment.--Section 5505 of title 49, United States
Code, is repealed.
SEC. 2102. STUDY OF DATA COLLECTION AND STATISTICAL ANALYSIS EFFORTS.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Highway Administration.
(2) Board.--The term ``Board'' means the Transportation
Research Board of the National Academy of Sciences.
(3) Bureau.--The term ``Bureau'' means the Bureau of
Transportation Statistics.
(4) Department.--The term ``Department'' means the
Department of Transportation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Priority Areas of Effort.--
(1) Statistical standards.--The Secretary shall direct the
Bureau to assume the role of the lead agency in working with
other agencies of the Department to establish, by not later the
date that is 1 year after the date of enactment of this Act,
statistical standards for the Department.
(2) Statistical analysis effort.--
(A) In general.--The Bureau shall provide to the
Secretary, on an annual basis, an overview of the level
of effort expended on statistical analyses by each
agency within the Department.
(B) Duty of agencies.--Each agency of the
Department shall provide to the Bureau such information
as the Bureau may require in carrying out subparagraph
(A).
(3) National security.--The Bureau shall--
(A) conduct a study of the ways in which
transportation statistics are and may be used for the
purpose of national security; and
(B) submit to the Transportation Security
Administration recommendations for means by which the
use of transportation statistics for the purpose of
national security may be improved.
(4) Modernization.--The Bureau shall develop new protocols
for adapting data collection and delivery efforts in existence
as of the date of enactment of this Act to deliver information
in a more timely and frequent fashion.
(c) Study.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide a grant to,
or enter into a cooperative agreement or contract with, the
Board for the conduct of a study of the data collection and
statistical analysis efforts of the Department with respect to
the modes of surface transportation for which funds are made
available under this Act.
(2) Purpose.--The purpose of the study shall be to provide
to the Department information for use by agencies of the
Department in providing to surface transportation agencies and
individuals engaged in the surface transportation field higher
quality, and more relevant and timely, data, statistical
analyses, and products.
(3) Content.--The study shall include--
(A) an examination and analysis of the efforts,
analyses, and products (with respect to usefulness and
policy relevance) of the Bureau as of the date of the
study, as compared with the duties of the Bureau
specified in subsections (c) through (f) of section 111
of title 49, United States Code;
(B) an examination and analysis of data collected
by, methods of data collection of, and analyses
performed by, agencies within the Department; and
(C) recommendations relating to--
(i) the future efforts of the Department in
the area of surface transportation with respect
to--
(I) types of data collected;
(II) methods of data collection;
(III) types of analyses performed;
and
(IV) products made available by the
Secretary to the transportation
community and Congress;
(ii) the means by which the Department may
cooperate with State transportation departments
to provide technical assistance in the use of
data collected by traffic operations centers;
and
(iii) duplication of efforts within the
Department, including ways in which--
(I) the duplication may be reduced
or eliminated; and
(II) each agency of the Department
may cooperate with, and complement the
efforts of, the others.
(4) Consultation.--In conducting the study, the Board shall
consult with such stakeholders, agencies, and other entities as
the Board considers to be appropriate.
(5) Report.--Not later than 1 year after the date on which
a grant is provided, or a cooperative agreement or contract is
entered into, for a study under paragraph (1)--
(A) the Board shall submit to the Secretary, the
Committee on Environment and Public Works of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a final
report on the results of the study; and
(B) the results of the study shall be published--
(i) by the Secretary, on the Internet
website of the Department; and
(ii) by the Board, on the Internet website
of the Board.
(6) Implementation of results.--The Bureau shall, to the
maximum extent practicable, implement any recommendations made
with respect to the results of the study under this subsection.
(7) Compliance.--
(A) In general.--The Comptroller General of the
United States shall conduct a review of the study under
this subsection.
(B) Noncompliance.--If the Comptroller General of
the United States determines that the Bureau failed to
conduct the study under this subsection, the Bureau
shall be ineligible to receive funds from the Highway
Trust Fund until such time as the Bureau conducts the
study under this subsection.
(d) Conforming Amendments.--Section 111 of title 49, United States
Code, is amended--
(1) by redesignating subsection (k) as subsection (m);
(2) by inserting after subsection (j) the following:
``(k) Annual Report.--
``(1) In general.--For fiscal year 2005 and each fiscal
year thereafter, the Bureau shall prepare and submit to the
Secretary an annual report that--
``(A) describes progress made in responding to
study recommendations for the fiscal year; and
``(B) summarizes the activities and expenditure of
funds by the Bureau for the fiscal year.
``(2) Availability.--The Bureau shall--
``(A) make the report described in paragraph (1)
available to the public; and
``(B) publish the report on the Internet website of
the Bureau.
``(3) Combination of reports.--The report required under
paragraph (1) may be included in or combined with the
Transportation Statistics Annual Report required by subsection
(j).
``(l) Expenditure of Funds.--Funds from the Highway Trust Fund
(other than the Mass Transit Account) that are authorized to be
appropriated, and made available, in accordance with section 2001(a)(3)
of the Safe, Accountable, Flexible, and Efficient Transportation Equity
Act of 2005 shall be used only for the collection and statistical
analysis of information relating to surface transportation systems.'';
and
(3) in subsection (m) (as redesignated by subparagraph
(A)), by inserting ``surface transportation'' after ``sale
of''.
SEC. 2103. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.
(a) Establishment.--The Secretary shall establish the centers for
surface transportation excellence described in subsection (b) to
promote high-quality outcomes in support of strategic national programs
and activities, including--
(1) the environment;
(2) operations;
(3) surface transportation safety;
(4) project finance; and
(5) asset management.
(b) Centers.--The centers for surface transportation excellence
referred to in subsection (a) are--
(1) a Center for Environmental Excellence to provide
technical assistance, information sharing of best practices,
and training in the use of tools and decision-making processes
to assist States in planning and delivering environmentally-
sound surface transportation projects;
(2) a Center for Operations Excellence to provide support
for an integrated and coordinated national program for
implementing operations in planning and management (including
standards development) for the transportation system in the
United States;
(3) a Center for Excellence in Surface Transportation
Safety to implement a program of support for State
transportation departments, including--
(A) the maintenance of an Internet site to provide
critical information on safety programs;
(B) the provision of technical assistance to
support a lead State transportation department for each
of the safety emphasis areas (as identified by the
Secretary); and
(C) the provision of training and education to
enhance knowledge of personnel of State transportation
departments in support of safety highway goals;
(4) a Center for Excellence in Project Finance--
(A) to provide support to State transportation
departments in the development of finance plans and
project oversight tools; and
(B) to develop and offer training in state-of-the-
art financing methods to advance projects and leverage
funds; and
(5) a Center for Excellence in Asset Management to develop
and conduct research, provide training and education, and
disseminate information on the benefits and tools for asset
management.
(c) Program Administration.--
(1) In general.--Before funds authorized under this section
for fiscal years 2005 through 2009 are obligated, the Secretary
shall review and approve a multiyear strategic plan to be
submitted by each of the centers.
(2) Timing.--The plan shall be submitted before the
beginning of fiscal year 2005 and, subsequently, shall be
annually updated.
(3) Content.--The plan shall include--
(A) a list of research and technical assistance
projects and objectives; and
(B) a description of any other technology transfer
activities, including a summary of training efforts.
(4) Cooperation and competition.--
(A) In general.--The Secretary shall carry out this
section 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; or
(vii) a for-profit or nonprofit
corporation.
(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--
(i) on a competitive basis; and
(ii) on the basis of the results of peer
review of proposals submitted to the Secretary.
(5) Nonduplication.--The Secretary shall ensure that
activities conducted by each of the centers do not duplicate,
and to the maximum extent practicable, are integrated and
coordinated with similar activities conducted by the Federal
Highway Administration, the local technical assistance program,
university transportation centers, and other research efforts
supported with funds authorized by this title.
(d) Allocations.--
(1) In general.--For each of fiscal years 2005 through
2009, of the funds made available under section 2001(a)(1)(A),
the Secretary shall set aside $8,930,818 to carry out this
section.
(2) Allocation of funds.--Of the funds made available under
paragraph (1)--
(A) 20 percent shall be allocated to the Center for
Environmental Excellence established under subsection
(b)(1);
(B) 30 percent shall be allocated to the Center for
Operations Excellence established under subsection
(b)(2);
(C) 20 percent shall be allocated to the Center for
Excellence in Surface Transportation Safety established
under subsection (b)(3);
(D) 10 percent shall be allocated to the Center for
Excellence in Project Finance established under
subsection (b)(4); and
(E) 20 percent shall be allocated to the Center for
Excellence in Asset Management established under
subsection (b)(5).
(3) Applicability of title 23.--Funds made available under
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, except that the Federal share
shall be 100 percent.
SEC. 2104. MOTORCYCLE CRASH CAUSATION STUDY GRANTS.
(a) Grants.--The Secretary shall provide grants for the purpose of
conducting a comprehensive, in-depth motorcycle crash causation study
that employs the common international methodology for in-depth
motorcycle accident investigation of the Organization for Economic
Cooperation and Development.
(b) Funding.--Of the amounts made available under section
2001(a)(3), $1,339,623 for fiscal year 2005 shall be available to carry
out this section.
SEC. 2105. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION
PROGRAM.
Section 5117(b)(3) of the Transportation Equity Act for the 21st
Century (112 Stat. 449; 112 Stat. 864; 115 Stat. 2330) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) in the first sentence--
(I) by striking ``Build an'' and
inserting ``Build or integrate an'';
and
(II) by striking ``$2,000,000'' and
inserting ``$2,500,000''; and
(ii) in the second sentence--
(I) by striking ``300,000 and
that'' and inserting ``300,000,''; and
(II) by inserting before the period
at the end the following: ``, and
includes major transportation corridors
serving that metropolitan area'';
(B) in clause (ii), by striking all that follows
``will be'' and inserting ``reinvested in the
intelligent transportation infrastructure system.'';
(C) by striking clause (iii); and
(D) by redesignating clauses (iv) and (v) as
clauses (iii) and (iv), respectively;
(2) in subparagraph (C)(ii), by striking ``July 1, 2002''
and inserting ``the date that is 180 days after the date of
enactment of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005'';
(3) in subparagraph (E), by striking clause (ii) and
inserting the following:
``(ii) The term ``follow-on deployment
areas'' means the metropolitan areas of Albany,
Atlanta, Austin, Baltimore, Birmingham, Boston,
Burlington Vermont, Charlotte, Chicago,
Cleveland, Columbus, Dallas/Ft. Worth, Denver,
Detroit, Greensboro, Hartford, Houston,
Indianapolis, Jacksonville, Kansas City, Las
Vegas, Los Angeles, Louisville, Miami,
Milwaukee, Minneapolis-St. Paul, Nashville, New
Orleans, New York/Northern New Jersey, Norfolk,
Northern Kentucky/Cincinnati, Oklahoma City,
Orlando, Philadelphia, Phoenix, Pittsburgh,
Portland, Providence, Raleigh, Richmond,
Sacramento, Salt Lake, San Diego, San
Francisco, San Jose, St. Louis, Seattle, Tampa,
Tucson, Tulsa, and Washington, District of
Columbia.'';
(4) in subparagraph (F)--
(A) by striking ``Of the amounts'' and inserting
the following:
``(i) This act.--Of the amounts''; and
(B) by adding at the end the following:
``(ii) SAFETEA.--There are authorized to be
appropriated out of the Highway Trust Fund
(other than the Mass Transit Account)
$4,465,409 for each fiscal year to carry out
this paragraph.
``(iii) Availability; no reduction or
setaside.--Amounts made available by this
subparagraph--
``(I) shall remain available until
expended; and
``(II) shall not be subject to any
reduction or setaside.''; and
(5) by adding at the end the following:
``(H) Use of rights-of-way.--
``(i) In general.--An intelligent
transportation system project described in
paragraph (3) or (6) that involves privately
owned intelligent transportation system
components and is carried out using funds made
available from the Highway Trust Fund shall not
be subject to any law (including a regulation)
of a State or political subdivision of a State
prohibiting or regulating commercial activities
in the rights-of-way of a highway for which
Federal-aid highway funds have been used for
planning, design, construction, or maintenance,
if the Secretary determines that such use is in
the public interest.
``(ii) Effect of subparagraph.--Nothing in
this subparagraph affects the authority of a
State or political subdivision of a State to
regulate highway safety.''.
Subtitle C--Intelligent Transportation System Research
SEC. 2201. INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND TECHNICAL
ASSISTANCE PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code (as
amended by section 2101), is amended by adding at the end the
following:
``SUBCHAPTER II--INTELLIGENT TRANSPORTATION SYSTEM RESEARCH AND
TECHNICAL ASSISTANCE PROGRAM
``Sec. 521. Finding
``Congress finds that continued investment in architecture and
standards development, research, technical assistance for State and
local governments, and systems integration is needed to accelerate the
rate at which intelligent transportation systems--
``(1) are incorporated into the national surface
transportation network; and
``(2) as a result of that incorporation, improve
transportation safety and efficiency and reduce costs and
negative impacts on communities and the environment.
``Sec. 522. Goals and purposes
``(a) Goals.--The goals of the intelligent transportation system
research and technical assistance program include--
``(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade--
``(A) to meet a significant portion of future
transportation needs, including public access to
employment, goods, and services; and
``(B) to reduce regulatory, financial, and other
transaction costs to public agencies and system users;
``(2) the acceleration of the use of intelligent
transportation systems to assist in the achievement of national
transportation safety goals, including the enhancement of safe
operation of motor vehicles and nonmotorized vehicles, with
particular emphasis on decreasing the number and severity of
collisions;
``(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments in
achieving national environmental goals;
``(4) accommodation of the needs of all users of surface
transportation systems, including--
``(A) operators of commercial vehicles, passenger
vehicles, and motorcycles;
``(B) users of public transportation users (with
respect to intelligent transportation system user
services); and
``(C) individuals with disabilities; and
``(5)(A) improvement of the ability of the United States to
respond to emergencies and natural disasters; and
``(B) enhancement of national security and defense
mobility.
``(b) Purposes.--The Secretary shall carry out activities under the
intelligent transportation system research and technical assistance
program to, at a minimum--
``(1) assist in the development of intelligent
transportation system technologies;
``(2) ensure that Federal, State, and local transportation
officials have adequate knowledge of intelligent transportation
systems for full consideration in the transportation planning
process;
``(3) improve regional cooperation, interoperability, and
operations for effective intelligent transportation system
performance;
``(4) promote the innovative use of private resources;
``(5) assist State transportation departments in developing
a workforce capable of developing, operating, and maintaining
intelligent transportation systems;
``(6) maintain an updated national ITS architecture and
consensus-based standards while ensuring an effective Federal
presence in the formulation of domestic and international ITS
standards;
``(7) advance commercial vehicle operations components of
intelligent transportation systems--
``(A) to improve the safety and productivity of
commercial vehicles and drivers; and
``(B) to reduce costs associated with commercial
vehicle operations and Federal and State commercial
vehicle regulatory requirements;
``(8) evaluate costs and benefits of intelligent
transportation systems projects;
``(9) improve, as part of the Archived Data User Service
and in cooperation with the Bureau of Transportation
Statistics, the collection of surface transportation system
condition and performance data through the use of intelligent
transportation system technologies; and
``(10) ensure access to transportation information and
services by travelers of all ages.
``Sec. 523. Definitions
``In this subchapter:
``(1) Commercial vehicle information systems and
networks.--The term `commercial vehicle information systems and
networks' means the information systems and communications
networks that support commercial vehicle operations.
``(2) Commercial vehicle operations.--
``(A) In general.--The term `commercial vehicle
operations' means motor carrier operations and motor
vehicle regulatory activities associated with the
commercial movement of goods (including hazardous
materials) and passengers.
``(B) Inclusions.--The term `commercial vehicle
operations', with respect to the public sector,
includes--
``(i) the issuance of operating
credentials;
``(ii) the administration of motor vehicle
and fuel taxes; and
``(iii) roadside safety and border crossing
inspection and regulatory compliance
operations.
``(3) Intelligent transportation infrastructure.--The term
`intelligent transportation infrastructure' means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
``(4) Intelligent transportation system.--The term
`intelligent transportation system' means electronics,
communications, or information processing used singly or in
combination to improve the efficiency or safety of a surface
transportation system.
``(5) National its architecture.--The term `national ITS
architecture' means the common framework for interoperability
adopted by the Secretary that defines--
``(A) the functions associated with intelligent
transportation system user services;
``(B) the physical entities or subsystems within
which the functions reside;
``(C) the data interfaces and information flows
between physical subsystems; and
``(D) the communications requirements associated
with the information flows.
``(6) Standard.--The term `standard' means a document
that--
``(A) contains technical specifications or other
precise criteria for intelligent transportation systems
that are to be used consistently as rules, guidelines,
or definitions of characteristics so as to ensure that
materials, products, processes, and services are fit
for their purposes; and
``(B) may--
``(i) support the national ITS
architecture; and
``(ii) promote--
``(I) the widespread use and
adoption of intelligent transportation
system technology as a component of the
surface transportation systems of the
United States; and
``(II) interoperability among
intelligent transportation system
technologies implemented throughout the
States.
``Sec. 524. General authorities and requirements
``(a) Scope.--Subject to this subchapter, the Secretary shall carry
out an ongoing intelligent transportation system research program--
``(1) to research, develop, and operationally test
intelligent transportation systems; and
``(2) to provide technical assistance in the nationwide
application of those systems as a component of the surface
transportation systems of the United States.
``(b) Policy.--Intelligent transportation system operational tests
and projects funded under this subchapter shall encourage, but not
displace, public-private partnerships or private sector investment in
those tests and projects.
``(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent transportation
system research and technical assistance program in cooperation with--
``(1) State and local governments and other public
entities;
``(2) the private sector;
``(3) Federal laboratories (as defined in section 501); and
``(4) colleges and universities, including historically
black colleges and universities and other minority institutions
of higher education.
``(d) Consultation With Federal Officials.--In carrying out the
intelligent transportation system research program, the Secretary, as
appropriate, shall consult with--
``(1) the Secretary of Commerce;
``(2) the Secretary of the Treasury;
``(3) the Administrator of the Environmental Protection
Agency;
``(4) the Director of the National Science Foundation; and
``(5) the Secretary of Homeland Security.
``(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and information
to State and local governments seeking to implement, operate, maintain,
or evaluate intelligent transportation system technologies and
services.
``(f) Transportation Planning.--The Secretary may provide funding
to support adequate consideration of transportation system management
and operations (including intelligent transportation systems) within
metropolitan and statewide transportation planning processes.
``(g) Information Clearinghouse.--The Secretary shall--
``(1) maintain a repository for technical and safety data
collected as a result of federally sponsored projects carried
out under this subchapter; and
``(2) on request, make that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
``(h) Advisory Committees.--
``(1) In general.--In carrying out this subchapter, the
Secretary--
``(A) may use 1 or more advisory committees; and
``(B) shall designate a public-private
organization, the members of which participate in on-
going research, planning, standards development,
deployment, and marketing of ITS programs, products,
and services, and coordinate the development and
deployment of intelligent transportation systems in the
United States, as the Federal advisory committee
authorized by section 5204(h) of the Transportation
Equity Act for the 21st Century (112 Stat. 454).
``(2) Funding.--Of the amount made available to carry out
this subchapter, the Secretary may use $1,339,623 for each
fiscal year for advisory committees described in paragraph (1).
``(3) Applicability of federal advisory committee act.--Any
advisory committee described in paragraph (1) shall be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).
``(i) Procurement Methods.--The Secretary shall develop and provide
appropriate technical assistance and guidance to assist State and local
agencies in evaluating and selecting appropriate methods of deployment
and procurement for intelligent transportation system projects carried
out using funds made available from the Highway Trust Fund, including
innovative and nontraditional methods such as Information Technology
Omnibus Procurement (as developed by the Secretary).
``(j) Evaluations.--
``(1) Guidelines and requirements.--
``(A) In general.--The Secretary shall issue
revised guidelines and requirements for the evaluation
of operational tests and other intelligent
transportation system projects carried out under this
subchapter.
``(B) Objectivity and independence.--The guidelines
and requirements issued under subparagraph (A) shall
include provisions to ensure the objectivity and
independence of the evaluator so as to avoid any real
or apparent conflict of interest or potential influence
on the outcome by--
``(i) parties to any such test; or
``(ii) any other formal evaluation carried
out under this subchapter.
``(C) Funding.--The guidelines and requirements
issued under subparagraph (A) shall establish
evaluation funding levels based on the size and scope
of each test that ensure adequate evaluation of the
results of the test or project.
``(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to carry out
the evaluation of any test or program assessment activity under
this subchapter shall not be subject to chapter 35 of title 44.
``Sec. 525. National ITS Program Plan
``(a) In General.--
``(1) Updates.--Not later than 1 year after the date of
enactment of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005, the Secretary, in
consultation with interested stakeholders (including State
transportation departments) shall develop a 5-year National ITS
Program Plan.
``(2) Scope.--The National ITS Program Plan shall--
``(A) specify the goals, objectives, and milestones
for the research and deployment of intelligent
transportation systems in the contexts of--
``(i) major metropolitan areas;
``(ii) smaller metropolitan and rural
areas; and
``(iii) commercial vehicle operations;
``(B) specify the manner in which specific programs
and projects will achieve the goals, objectives, and
milestones referred to in subparagraph (A), including
consideration of a 5-year timeframe for the goals and
objectives;
``(C) identify activities that provide for the
dynamic development, testing, and necessary revision of
standards and protocols to promote and ensure
interoperability in the implementation of intelligent
transportation system technologies, including actions
taken to establish standards; and
``(D) establish a cooperative process with State
and local governments for--
``(i) determining desired surface
transportation system performance levels; and
``(ii) developing plans for accelerating
the incorporation of specific intelligent
transportation system capabilities into surface
transportation systems.
``(b) Reporting.--The National ITS Program Plan shall be
transmitted and biennially updated as part of the surface
transportation research and technology development strategic plan
developed under section 508(c).
``Sec. 526. National ITS architecture and standards
``(a) In General.--
``(1) Development, implementation, and maintenance.--In
accordance with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783), the Secretary shall develop, implement, and
maintain a national ITS architecture and supporting standards
and protocols to promote the widespread use and evaluation of
intelligent transportation system technology as a component of
the surface transportation systems of the United States.
``(2) Interoperability and efficiency.--To the maximum
extent practicable, the national ITS architecture shall promote
interoperability among, and efficiency of, intelligent
transportation system technologies implemented throughout the
United States.
``(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall use the services
of such standards development organizations as the Secretary
determines to be appropriate.
``(b) Provisional Standards.--
``(1) In general.--If the Secretary finds that the
development or selection of an intelligent transportation
system standard jeopardizes the timely achievement of the
objectives identified in subsection (a), the Secretary may
establish a provisional standard--
``(A) after consultation with affected parties; and
``(B) by using, to the maximum extent practicable,
the work product of appropriate standards development
organizations.
``(2) Critical standards.--If a standard identified by the
Secretary as critical has not been adopted and published by the
appropriate standards development organization by the date of
enactment of this subchapter, the Secretary shall establish a
provisional standard--
``(A) after consultation with affected parties; and
``(B) by using, to the maximum extent practicable,
the work product of appropriate standards development
organizations.
``(3) Period of effectiveness.--A provisional standard
established under paragraph (1) or (2) shall--
``(A) be published in the Federal Register; and
``(B) remain in effect until such time as the
appropriate standards development organization adopts
and publishes a standard.
``(c) Waiver of Requirement To Establish Provisional Critical
Standard.--
``(1) In general.--The Secretary may waive the requirement
under subsection (b)(2) to establish a provisional standard if
the Secretary determines that additional time would be
productive in, or that establishment of a provisional standard
would be counterproductive to, the timely achievement of the
objectives identified in subsection (a).
``(2) Notice.--The Secretary shall publish in the Federal
Register a notice that describes--
``(A) each standard for which a waiver of the
provisional standard requirement is granted under
paragraph (1);
``(B) the reasons for and effects of granting the
waiver; and
``(C) an estimate as to the date on which the
standard is expected to be adopted through a process
consistent with section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note; 110 Stat. 783).
``(3) Withdrawal of waiver.--
``(A) In general.--The Secretary may withdraw a
waiver granted under paragraph (1) at any time.
``(B) Notice.--On withdrawal of a waiver, the
Secretary shall publish in the Federal Register a
notice that describes--
``(i) each standard for which the waiver
has been withdrawn; and
``(ii) the reasons for withdrawing the
waiver.
``(d) Conformity With National ITS Architecture.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall ensure that intelligent transportation
system projects carried out using funds made available from the
Highway Trust Fund conform to the national ITS architecture,
applicable standards or provisional standards, and protocols
developed under subsection (a).
``(2) Discretion of secretary.--The Secretary may authorize
exceptions to paragraph (1) for projects designed to achieve
specific research objectives outlined in--
``(A) the National ITS Program Plan under section
525; or
``(B) the surface transportation research and
technology development strategic plan developed under
section 508(c).
``(3) Exceptions.--Paragraph (1) shall not apply to funds
used for operation or maintenance of an intelligent
transportation system in existence on the date of enactment of
this subchapter.
``Sec. 527. Commercial vehicle information systems and networks
deployment
``(a) Definitions.--In this section:
``(1) Commercial vehicle information systems and
networks.--The term `commercial vehicle information systems and
networks' means the information systems and communications
networks that provide the capability to--
``(A) improve the safety of commercial vehicle
operations;
``(B) increase the efficiency of regulatory
inspection processes to reduce administrative burdens
by advancing technology to facilitate inspections and
increase the effectiveness of enforcement efforts;
``(C) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other
safety information;
``(D) enhance the safe passage of commercial
vehicles across the United States and across
international borders; and
``(E) promote the communication of information
among the States and encourage multistate cooperation
and corridor development.
``(2) Commercial vehicle operations.--
``(A) In general.--The term `commercial vehicle
operations' means motor carrier operations and motor
vehicle regulatory activities associated with the
commercial movement of goods (including hazardous
materials) and passengers.
``(B) Inclusions.--The term `commercial vehicle
operations', with respect to the public sector,
includes--
``(i) the issuance of operating
credentials;
``(ii) the administration of motor vehicle
and fuel taxes; and
``(iii) the administration of roadside
safety and border crossing inspection and
regulatory compliance operations.
``(3) Core deployment.--The term `core deployment' means
the deployment of systems in a State necessary to provide the
State with--
``(A) safety information exchange to--
``(i) electronically collect and transmit
commercial vehicle and driver inspection data
at a majority of inspection sites;
``(ii) connect to the Safety and Fitness
Electronic Records system for access to--
``(I) interstate carrier and
commercial vehicle data;
``(II) summaries of past safety
performance; and
``(III) commercial vehicle
credentials information; and
``(iii) exchange carrier data and
commercial vehicle safety and credentials
information within the State and connect to
Safety and Fitness Electronic Records system
for access to interstate carrier and commercial
vehicle data;
``(B) interstate credentials administration to--
``(i)(I) perform end-to-end (including
carrier application) jurisdiction application
processing, and credential issuance, of at
least the International Registration Plan and
International Fuel Tax Agreement credentials;
and
``(II) extend the processing to other
credentials, including intrastate, titling,
oversize or overweight requirements, carrier
registration, and hazardous materials;
``(ii) connect to the International
Registration Plan and International Fuel Tax
Agreement clearinghouses; and
``(iii)(I) have at least 10 percent of the
transaction volume handled electronically; and
``(II) have the capability to add more
carriers and to extend to branch offices where
applicable; and
``(C) roadside electronic screening to
electronically screen transponder-equipped commercial
vehicles at a minimum of 1 fixed or mobile inspection
site and to replicate the screening at other sites.
``(4) Expanded deployment.--The term `expanded deployment'
means the deployment of systems in a State that--
``(A) exceed the requirements of a core deployment
of commercial vehicle information systems and networks;
``(B) improve safety and the productivity of
commercial vehicle operations; and
``(C) enhance transportation security.
``(b) Program.--The Secretary shall carry out a commercial vehicle
information systems and networks program to--
``(1) improve the safety and productivity of commercial
vehicles and drivers; and
``(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle regulatory
requirements.
``(c) Purpose.--It is the purpose of the program to advance the
technological capability and promote the deployment of intelligent
transportation system applications for commercial vehicle operations,
including commercial vehicle, commercial driver, and carrier-specific
information systems and networks.
``(d) Core Deployment Grants.--
``(1) In general.--The Secretary shall make grants to
eligible States for the core deployment of commercial vehicle
information systems and networks.
``(2) Eligibility.--To be eligible for a core deployment
grant under this subsection, a State shall--
``(A) have a commercial vehicle information systems
and networks program plan and a top level system design
approved by the Secretary;
``(B) certify to the Secretary that the commercial
vehicle information systems and networks deployment
activities of the State (including hardware
procurement, software and system development, and
infrastructure modifications)--
``(i) are consistent with the national
intelligent transportation systems and
commercial vehicle information systems and
networks architectures and available standards;
and
``(ii) promote interoperability and
efficiency, to the maximum extent practicable;
and
``(C) agree to execute interoperability tests
developed by the Federal Motor Carrier Safety
Administration to verify that the systems of the State
conform with the national intelligent transportation
systems architecture, applicable standards, and
protocols for commercial vehicle information systems
and networks.
``(3) Amount of grants.--The maximum aggregate amount a
State may receive under this subsection for the core deployment
of commercial vehicle information systems and networks may not
exceed $2,500,000, including funds received under section
2001(a) of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005 for the core deployment of
commercial vehicle information systems and networks.
``(4) Use of funds.--
``(A) In general.--Subject to subparagraph (B),
funds from a grant under this subsection may only be
used for the core deployment of commercial vehicle
information systems and networks.
``(B) Remaining funds.--An eligible State that has
completed the core deployment of commercial vehicle
information systems and networks, or completed the
deployment before core deployment grant funds are
expended, may use the remaining core deployment grant
funds for the expanded deployment of commercial vehicle
information systems and networks in the State.
``(e) Expanded Deployment Grants.--
``(1) In general.--For each fiscal year, from the funds
remaining after the Secretary has made core deployment grants
under subsection (d), the Secretary may make grants to each
eligible State, on request, for the expanded deployment of
commercial vehicle information systems and networks.
``(2) Eligibility.--Each State that has completed the core
deployment of commercial vehicle information systems and
networks shall be eligible for an expanded deployment grant.
``(3) Amount of grants.--Each fiscal year, the Secretary
may distribute funds available for expanded deployment grants
equally among the eligible States in an amount that does not
exceed $1,000,000 for each State.
``(4) Use of funds.--A State may use funds from a grant
under this subsection only for the expanded deployment of
commercial vehicle information systems and networks.
``(f) 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.
``(g) Funding.--Funds authorized to be appropriated to carry out
this section shall be available for obligation in the same manner and
to the same extent as if the funds were apportioned under chapter 1,
except that the funds shall remain available until expended.
``Sec. 528. Research and development
``(a) In General.--The Secretary shall carry out a comprehensive
program of intelligent transportation system research, development, and
operational tests of intelligent vehicles and intelligent
infrastructure systems, and other similar activities that are necessary
to carry out this subchapter.
``(b) Priority Areas.--Under the program, the Secretary shall give
priority to funding projects that--
``(1) assist in the development of an interconnected
national intelligent transportation system network that--
``(A) improves the reliability of the surface
transportation system;
``(B) supports national security;
``(C) reduces, by at least 20 percent, the cost of
manufacturing, deploying, and operating intelligent
transportation systems network components;
``(D) could assist in deployment of the Armed
Forces in response to a crisis; and
``(E) improves response to, and evacuation of the
public during, an emergency situation;
``(2) address traffic management, incident management,
transit management, toll collection traveler information, or
highway operations systems with goals of--
``(A) reducing metropolitan congestion by 5 percent
by 2010;
``(B) ensuring that a national, interoperable 511
system, along with a national traffic information
system that includes a user-friendly, comprehensive
website, is fully implemented for use by travelers
throughout the United States by September 30, 2010; and
``(C)(i) improving incident management response,
particularly in rural areas, so that rural emergency
response times are reduced by an average of 10 minutes;
and
``(ii) subject to subsection (d), improving
communication between emergency care providers and
trauma centers;
``(3) address traffic management, incident management,
transit management, toll collection, traveler information, or
highway operations systems;
``(4) conduct operational tests of the integration of at
least 3 crash-avoidance technologies in passenger vehicles;
``(5) incorporate human factors research, including the
science of the driving process;
``(6) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies;
``(7) incorporate research on the impact of environmental,
weather, and natural conditions on intelligent transportation
systems, including the effects of cold climates;
``(8) as determined by the Secretary, will improve the
overall safety performance of vehicles and roadways, including
the use of real-time setting of speed limits through the use of
speed management technology;
``(9) examine--
``(A) the application to intelligent transportation
systems of appropriately modified existing technologies
from other industries; and
``(B) the development of new, more robust
intelligent transportation systems technologies and
instrumentation;
``(10) develop and test communication technologies that--
``(A) are based on an assessment of the needs of
officers participating in a motor carrier safety
program funded under section 31104 of title 49;
``(B) take into account the effectiveness and
adequacy of available technology;
``(C) address systems integration, connectivity,
and interoperability challenges; and
``(D) provide the means for officers participating
in a motor carrier safety program funded under section
31104 of title 49 to directly assess, without an
intermediary, current and accurate safety and
regulatory information on motor carriers, commercial
motor vehicles and drivers at roadside or mobile
inspection facilities;
``(11) enhance intermodal use of intelligent transportation
systems for diverse groups, including for emergency and health-
related services;
``(12) improve sensing and wireless communications that
provide real-time information regarding congestion and
incidents;
``(13) develop and test high-accuracy, lane-level, real-
time accessible digital map architectures that can be used by
intelligent vehicles and intelligent infrastructure elements to
facilitate safety and crash avoidance (including establishment
of national standards for an open-architecture digital map of
all public roads that is compatible with electronic 9-1-1
services);
``(14) encourage the dual-use of intelligent transportation
system technologies (such as wireless communications) for--
``(A) emergency services;
``(B) road pricing; and
``(C) local economic development; and
``(15) advance the use of intelligent transportation
systems to facilitate high-performance transportation systems,
such as through--
``(A) congestion-pricing;
``(B) real-time facility management;
``(C) rapid-emergency response; and
``(D) just-in-time transit.
``(c) Operational Tests.--Operational tests conducted under this
section shall be designed for--
``(1) the collection of data to permit objective evaluation
of the results of the tests;
``(2) the derivation of cost-benefit information that is
useful to others contemplating deployment of similar systems;
and
``(3) the development and implementation of standards.
``(d) Federal Share.--The Federal share of the costs of operational
tests under subsection (a) shall not exceed 80 percent.
``Sec. 529. Use of funds
``(a) In General.--For each fiscal year, not more than $5,000,000
of the funds made available to carry out this subchapter shall be used
for intelligent transportation system outreach, public relations,
displays, tours, and brochures.
``(b) Applicability.--Subsection (a) shall not apply to intelligent
transportation system training, scholarships, or the publication or
distribution of research findings, technical guidance, or similar
documents.''.
(b) Conforming Amendment.--Title V of the Transportation Equity Act
for the 21st Century is amended by striking subtitle C (23 U.S.C. 502
note; 112 Stat. 452).
TITLE III--RECREATIONAL BOATING SAFETY PROGRAMS
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Sport Fishing and Recreational
Boating Safety Act''.
SEC. 3002. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT.
Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Act
entitled ``An Act to provide that the United States shall aid the
States in fish restoration and management projects, and for other
purposes,'' approved August 9, 1950 (64 Stat. 430; 16 U.S.C. 777 et
seq.).
SEC. 3003. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 3 (16 U.S.C. 777b) is amended--
(1) by striking ``the succeeding fiscal year.'' in the
third sentence and inserting ``succeeding fiscal years.''; and
(2) by striking ``in carrying on the research program of
the Fish and Wildlife Service in respect to fish of material
value for sport and recreation.'' and inserting ``to supplement
the 57 percent of the balance of each annual appropriation to
be apportioned among the States, as provided for in section
4(c).''.
(b) Conforming Amendments.--
(1) In general.--Section 3 of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777b) is amended in the first
sentence--
(A) by striking ``Sport Fish Restoration Account''
and inserting ``Sport Fish Restoration Trust Fund'';
and
(B) by striking ``that Account'' and inserting
``that Trust Fund, except as provided in section
9504(c) of the Internal Revenue Code of 1986''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on October 1, 2004.
SEC. 3004. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 (16 U.S.C. 777c) is amended--
(1) by striking subsections (a) through (c) and
redesignating subsections (d) through (g) as subsections (b)
through (e), respectively;
(2) by inserting before subsection (b) (as redesignated by
paragraph (1)), the following:
``(a) In General.--For fiscal years 2004 through 2009, the balance
of each annual appropriation made in accordance with the provisions of
section 3 of this title remaining after the distributions are made for
administrative expenses and other purposes under section 4(b) and for
multistate conservation grants under section 14 shall be distributed as
follows:
``(1) Coastal wetlands.--18.5 percent to the Secretary of
the Interior for distribution as provided in the Coastal
Wetlands Planning, Protection, and Restoration Act (16 U.S.C.
3951 et seq.).
``(2) Boating safety.--18.5 percent to the Secretary of
Homeland Security for State recreational boating safety
programs under section 13106 of title 46, United States Code.
``(3) Clean vessel act.--2 percent to the Secretary of the
Interior for qualified projects under section 5604(c) of the
Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
``(4) Boating infrastructure.--2 percent to the Secretary
of the Interior for obligation for qualified projects under
section 7404(d) of the Sportfishing and Boating Safety Act of
1998 (16 U.S.C. 777g-1(d)).
``(5) National outreach and communications.--2 percent to
the Secretary of the Interior for the National Outreach and
Communications Program under section 8(d) of this title. Such
amounts shall remain available for 3 fiscal years, after which
any portion thereof that is unobligated by the Secretary for
that program may be expended by the Secretary under subsection
(c).'';
(3) in subsection (b)(1) (as redesignated by paragraph
(1)), by striking subparagraph (A) and inserting the following:
``(A) Set-aside.--For fiscal year 2006 and each
subsequent fiscal year, before making a distribution
under subsection (a), the Secretary of the Interior may
use not more than the available amount specified in
subparagraph (B) for the fiscal year for expenses of
administration incurred in the implementation of this
chapter, in accordance with this section and section
9.'';
(4) in subsection (c) (as redesignated by paragraph (1)),
by striking the subsection heading and all that follows through
the colon in the first sentence and inserting the following:
``(c) Apportionment Among States.--For fiscal year 2006 and each
subsequent fiscal year, after the distribution, transfer, use, and
deduction under subsection (b), and after deducting amounts for grants
under section 14, the Secretary of the Interior shall apportion 57
percent of the balance of each annual appropriation among the several
States in the following manner:'';
(5) by striking ``per centum'' each place it appears in
subsection (c) (as redesignated by paragraph (1)) and inserting
``percent'';
(6) in paragraph (1) of subsection (e) (as redesignated by
paragraph (1)), by striking ``subsections (a), (b)(3)(A),
(b)(3)(B), and (c)'' and inserting ``paragraphs (1), (3), (4),
and (5) of subsection (a)''; and
(7) by adding at the end the following:
``(f) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated by the
Secretary after 3 fiscal years shall be transferred to the Secretary of
Homeland Security and shall be expended for State recreational boating
safety programs under section 13106(a) of title 46, United States
Code.''.
SEC. 3005. MAINTENANCE OF PROJECTS.
Section 8 (16 U.S.C. 777g) is amended--
(1) by striking ``in carrying out the research program of
the Fish and Wildlife Service in respect to fish of material
value for sport or recreation.'' in subsection (b)(2) and
inserting ``to supplement the 57 percent of the balance of each
annual appropriation to be apportioned among the States under
section 4(c).''; and
(2) in subsection (d)(3), by striking ``subsection (c) or
(d) of section 4'' and inserting ``section 4(a)(5) or section
4(b)''.
SEC. 3006. BOATING INFRASTRUCTURE.
Section 7404(d)(1) of the Sportfishing and Boating Safety Act of
1998 (16 U.S.C. 777g-1(d)(1)) is amended by striking ``section
4(b)(3)(B)'' and inserting ``section 4(a)(4)''.
SEC. 3007. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR
EXPENSES FOR ADMINISTRATION.
Section 9 (16 U.S.C. 777h) is amended--
(1) by striking ``section 4(d)(1)'' in subsection (a) and
inserting ``section 4(b)''; and
(2) by striking ``section 4(d)(1)'' in subsection (b)(1)
and inserting ``section 4(b)''.
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.
Section 12 (16 U.S.C. 777k) is amended by striking ``in carrying on
the research program of the Fish and Wildlife Service in respect to
fish of material value for sport or recreation.'' and inserting ``to
supplement the 57 percent of the balance of each annual appropriation
to be apportioned among the States under section 4(b) of this title.''.
SEC. 3009. MULTISTATE CONSERVATION GRANT PROGRAM.
Section 14 (16 U.S.C. 777m) is amended--
(1) by striking so much of subsection (a) as precedes
paragraph (2) and inserting the following:
``(a) In General.--
``(1) Amount for grants.--For fiscal year 2004 and each
subsequent fiscal year, not more than $3,000,000 of each annual
appropriation made in accordance with the provisions of section
3 of this title shall be distributed to the Secretary of the
Interior for making multistate conservation project grants in
accordance with this section.'';
(2) by striking ``section 4(e)'' each place it appears in
subsection (a)(2)(B) and inserting ``section 4(c)''; and
(3) by striking ``Of the balance of each annual
appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 for each fiscal year and after deducting amounts used
for grants under subsection (a)--'' in subsection (e) and
inserting ``Of amounts made available under section 4(b) for
each fiscal year--''.
TITLE IV--SOLID WASTE DISPOSAL
SEC. 4001. INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY
FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT OR
CONCRETE.
(a) In General.--Subtitle F of the Solid Waste Disposal Act (42
U.S.C. 6961 et seq.) is amended by adding at the end the following:
``SEC. 6005. INCREASED USE OF RECOVERED MINERAL COMPONENT IN FEDERALLY
FUNDED PROJECTS INVOLVING PROCUREMENT OF CEMENT OR
CONCRETE.
``(a) Definitions.--In this section:
``(1) Agency head.--The term `agency head' means--
``(A) the Secretary of Transportation; and
``(B) the head of each other Federal agency that on
a regular basis procures, or provides Federal funds to
pay or assist in paying the cost of procuring, material
for cement or concrete projects.
``(2) Cement or concrete project.--The term `cement or
concrete project' means a project for the construction or
maintenance of a highway or other transportation facility or a
Federal, State, or local government building or other public
facility that--
``(A) involves the procurement of cement or
concrete; and
``(B) is carried out in whole or in part using
Federal funds.
``(3) Recovered mineral component.--The term `recovered
mineral component' means--
``(A) ground granulated blast furnace slag;
``(B) coal combustion fly ash; and
``(C) any other waste material or byproduct
recovered or diverted from solid waste that the
Administrator, in consultation with an agency head,
determines should be treated as recovered mineral
component under this section for use in cement or
concrete projects paid for, in whole or in part, by the
agency head.
``(b) Implementation of Requirements.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator and each agency
head shall take such actions as are necessary to implement
fully all procurement requirements and incentives in effect as
of the date of enactment of this section (including guidelines
under section 6002) that provide for the use of cement and
concrete incorporating recovered mineral component in cement or
concrete projects.
``(2) Priority.--In carrying out paragraph (1) an agency
head shall give priority to achieving greater use of recovered
mineral component in cement or concrete projects for which
recovered mineral components historically have not been used or
have been used only minimally.
``(3) Conformance.--The Administrator and each agency head
shall carry out this subsection in accordance with section
6002.
``(c) Full Implementation Study.--
``(1) In general.--The Administrator, in cooperation with
the Secretary of Transportation and the Secretary of Energy,
shall conduct a study to determine the extent to which current
procurement requirements, when fully implemented in accordance
with subsection (b), may realize energy savings and
environmental benefits attainable with substitution of
recovered mineral component in cement used in cement or
concrete projects.
``(2) Matters to be addressed.--The study shall--
``(A) quantify the extent to which recovered
mineral components are being substituted for Portland
cement, particularly as a result of current procurement
requirements, and the energy savings and environmental
benefits associated with that substitution;
``(B) identify all barriers in procurement
requirements to greater realization of energy savings
and environmental benefits, including barriers
resulting from exceptions from current law; and
``(C)(i) identify potential mechanisms to achieve
greater substitution of recovered mineral component in
types of cement or concrete projects for which
recovered mineral components historically have not been
used or have been used only minimally;
``(ii) evaluate the feasibility of establishing
guidelines or standards for optimized substitution
rates of recovered mineral component in those cement or
concrete projects; and
``(iii) identify any potential environmental or
economic effects that may result from greater
substitution of recovered mineral component in those
cement or concrete projects.
``(3) Report.--Not later than 30 months after the date of
enactment of this section, the Administrator shall submit to
Congress a report on the study.
``(d) Additional Procurement Requirements.--Unless the study
conducted under subsection (c) identifies any effects or other problems
described in subsection (c)(2)(C)(iii) that warrant further review or
delay, the Administrator and each agency head shall, not later than 1
year after the release of the report in accordance with subsection
(c)(3), take additional actions authorized under this Act to establish
procurement requirements and incentives that provide for the use of
cement and concrete with increased substitution of recovered mineral
component in the construction and maintenance of cement or concrete
projects, so as to--
``(1) realize more fully the energy savings and
environmental benefits associated with increased substitution;
and
``(2) eliminate barriers identified under subsection (c).
``(e) Effect of Section.--Nothing in this section affects the
requirements of section 6002 (including the guidelines and
specifications for implementing those requirements).''.
(b) Table of Contents Amendment.--The table of contents in section
1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended
by adding after the item relating to section 6004 the following:
``Sec. 6005. Increased use of recovered mineral component in federally
funded projects involving procurement of
cement or concrete.''.
SEC. 4002. USE OF GRANULAR MINE TAILINGS.
(a) In General.--Subtitle F of the Solid Waste Disposal Act (42
U.S.C. 6961 et seq.) (as amended by section 4001(a)) is amended by
adding at the end the following:
``SEC. 6006. USE OF GRANULAR MINE TAILINGS.
``(a) Mine Tailings.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator, in
consultation with the Secretary of Transportation and heads of
other Federal agencies, shall establish criteria (including an
evaluation of whether to establish a numerical standard for
concentration of lead and other hazardous substances) for the
safe and environmentally protective use of granular mine
tailings from the Tar Creek, Oklahoma Mining District, known as
`chat', for--
``(A) cement or concrete projects; and
``(B) transportation construction projects
(including transportation construction projects
involving the use of asphalt) that are carried out, in
whole or in part, using Federal funds.
``(2) Requirements.--In establishing criteria under
paragraph (1), the Administrator shall consider--
``(A) the current and previous uses of granular
mine tailings as an aggregate for asphalt; and
``(B) any environmental and public health risks and
benefits derived from the removal, transportation, and
use in transportation projects of granular mine
tailings.
``(3) Public participation.--In establishing the criteria
under paragraph (1), the Administrator shall solicit and
consider comments from the public.
``(4) Applicability of criteria.--On the establishment of
the criteria under paragraph (1), any use of the granular mine
tailings described in paragraph (1) in a transportation project
that is carried out, in whole or in part, using Federal funds,
shall meet the criteria established under paragraph (1).
``(b) Effect of Sections.--Nothing in this section or section 6005
affects any requirement of any law (including a regulation) in effect
on the date of enactment of this section.''.
(b) Conforming Amendment.--The table of contents in section 1001 of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) (as amended by
section 4001(b)) is amended by adding after the item relating to
section 6005 the following:
``Sec. 6006. Use of granular mine tailings.''.
Calendar No. 68
109th CONGRESS
1st Session
S. 732
[Report No. 109-53]
_______________________________________________________________________
A BILL
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
_______________________________________________________________________
March 6, 2005
Read twice and placed on the calendar