II 112th CONGRESS 1st Session S. 1382 IN THE SENATE OF THE UNITED STATES July 18, 2011 Mr. Rockefeller (for himself, Mr. Shelby, and Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To complete construction of the 13-State Appalachian development highway system, and for other purposes.

1.

Short title

This Act may be cited as the Appalachian Development Highway System Act of 2011.

2.

Appalachian development highway system

(a)

Authorization of appropriations

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the Appalachian development highway system program under section 14501 of title 40, United States Code, $1,080,000,000 for each of fiscal years 2012 through 2017. (b)

Apportionment

The Secretary shall apportion funds made available by subsection (a) for fiscal years 2012 through 2017 among the States based on the latest available cost-to-complete estimate for the Appalachian development highway system under section 14501 of title 40, United States Code, prepared by the Appalachian Regional Commission. (c)

Applicability of title 23

Subject to subsection (d)(2), funds made available by subsection (a) shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that— (1)the Federal share of the cost of any project carried out using the funds shall be determined in accordance with section 14501 of title 40, United States Code; and (2)the funds shall remain available until expended. (d)

Availability of funds

(1)

In general

Notwithstanding any other provision of law enacted before, on, or after the date of enactment of this Act, any obligation limitation enacted for any of fiscal years 2012 through 2017 shall not apply to obligations authorized for the Appalachian development highway system program under section 14501 of title 40, United States Code. (2)

Reallocation

Any amounts made available to a State under this section or any other provision of law for the Appalachian development highway system under section 14501 of title 40, United States Code, that remain unobligated by the State as of the date that is 5 years after the date on which the funds were made available shall be— (A)returned to the Secretary; and (B)reallocated among the remaining States in accordance with section 14501 of title 40, United States Code. (e)

Loans between States

(1)

In general

On notice to the Secretary of Transportation, a State that receives an apportionment under subsection (b) may lend any amount of contract authority or obligation authority available to the State pursuant to the apportionment to any other State that is eligible for such an apportionment for use by the borrowing State for activities eligible under section 14501 of title 40, United States Code. (2)

Repayment

Any loan under paragraph (1) shall be repaid in accordance with a loan repayment agreement that is entered into by the affected States and agreed to by the Secretary. (f)

Purposes

Section 104(a) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: (2)

Purposes

(A)

Federal-aid highway and other programs

The funds authorized by this subsection shall be used to administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under chapter 2. (B)

Appalachian development highway system

In any case in which an apportionment is made of the amounts made available for expenditure for the Appalachian development highway system program under section 14501 of title 40, from amounts made available from the Highway Trust Fund for the Appalachian development highway system, the Secretary shall transfer to the Appalachian Regional Commission such sums as the Appalachian Regional Commission determines to be appropriate, not to exceed $3,000,000 for each fiscal year, for administrative and planning activities associated with the Appalachian development highway system. . (g)

Equity bonus program

Section 105 of title 23, United States Code, is amended— (1)in subsection (a)(2)— (A)by striking subparagraph (J); and (B)by redesignating subparagraphs (K) through (N) as subparagraphs (J) through (M), respectively; and (2)in subsection (b)(2)— (A)in subparagraph (I), by adding and at the end; (B)by striking subparagraph (J); and (C)by redesignating subparagraph (K) as subparagraph (J).