II 111th CONGRESS 1st Session S. 1641 IN THE SENATE OF THE UNITED STATES August 6, 2009 Ms. Stabenow (for herself and Mr. Levin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To modify and waive certain requirements under title 23, United States Code, to assist States with a high unemployment rate in carrying out Federal-aid highway construction projects, and for other purposes.

1.

Federal share payable; credit for non-Federal share

(a)

Definition of eligible State

In this section, the term eligible State means a State with an unemployment rate, as determined by the Secretary of Transportation, that is equal to or exceeds 11 percent at any time during fiscal years 2009 and 2010. (b)

Federal share payable

(1)

Interstate system projects

With respect to an eligible State during fiscal years 2011 and 2012, section 120(a) of title 23, United States Code, shall be applied by substituting 95 percent for 90 percent. (2)

Other projects

With respect to an eligible State during fiscal years 2011 and 2012, paragraphs (1) and (2) of section 120(b) of title 23, United States Code, shall be applied by substituting 85 percent for 80 percent each place it appears. (c)

Credit for non-Federal share

(1)

In general

With respect to an eligible State during fiscal years 2011 and 2012, the requirement under section 120(j)(1)(A) that toll revenues, to be eligible for use as a credit, be generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce shall not apply. (2)

Maintenance of effort

With respect to an eligible State during fiscal years 2011 and 2012, requirements under section 120(j)(2), United States Code, shall not apply. (3)

Use of tolls previously not eligible

With respect to an eligible State, tolls generated during the period of fiscal years 2005 through 2010 and not eligible as a credit under section 120(j) of title 23, United States Code, during those fiscal years due to a requirement under that section shall be eligible for use as a credit under that section during fiscal year 2011 or 2012.