[Congressional Record (Bound Edition), Volume 150 (2004), Part 5] [House] [Pages 6085-6256] [From the U.S. Government Publishing Office, www.gpo.gov]TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS The SPEAKER pro tempore. Pursuant to House Resolution 593 and rule XVIII, the Chair declares the House in the Committee of the Whole House on the State of the Union for the further consideration of the bill, H.R. 3550. {time} 1418 In the Committee of the Whole Accordingly, the House resolved itself into the Committee of the Whole House on the State of the Union for the further consideration of the bill (H.R. 3550) to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes, with Mr. Simpson (Chairman pro tempore) in the chair. The Clerk read the title of the bill. The CHAIRMAN pro tempore. When the Committee of the Whole rose earlier today, all time for initial general debate pursuant to the order of the House of March 30, 2004, had expired. Pursuant to House Resolution 593, no further general debate, except for the final period contemplated in the previous order of the House, is in order. The committee amendment in the nature of a substitute printed in the bill, modified by the amendments printed in part A of House Report 108- 456, is adopted. The bill, as amended, shall be considered as an original bill for the purpose of amendment under the 5-minute rule and shall be considered read. The text of the committee amendment in the nature of a substitute, as modified, is as follows: H.R. 3550 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 ``Transportation Equity Act: A Legacy for Users''. (b) Table of Contents.-- Sec. 1. Short title, table of contents. TITLE I--FEDERAL-AID HIGHWAYS Subtitle A--Authorization of programs Sec. 1101. Authorizations of appropriations. Sec. 1102. Obligation ceiling. Sec. 1103. Apportionments. Sec. 1104. Minimum guarantee. Sec. 1105. Project approval and oversight. Sec. 1106. Temporary traffic control devices. Sec. 1107. Revenue aligned budget authority. Sec. 1108. Emergency relief. Sec. 1109. Surface transportation program. Sec. 1110. Highway use tax evasion projects. Sec. 1111. Appalachian development highway system. Sec. 1112. Construction of ferry boats and ferry terminal facilities. Sec. 1113. Interstate maintenance discretionary. Sec. 1114. Highway bridge. Sec. 1115. Transportation and community and system preservation program. Sec. 1116. Deployment of magnetic levitation transportation projects. Sec. 1117. Recreational trails. Sec. 1118. Federal lands Highways. Sec. 1119. Reserved. Sec. 1120. Pedestrian and cyclist equity. Sec. 1121. National commissions. Sec. 1122. Adjustments for the Surface Transportation Extension Act of 2003. Sec. 1123. Roadway safety. Sec. 1124. Equity requirement. Subtitle B--Congestion relief Sec. 1201. Motor vehicle congestion relief. Sec. 1202. Transportation systems management and operations. Sec. 1203. Real-time system management information program. Sec. 1204. Expedited national intelligent transportation systems deployment program. Sec. 1205. Intelligent transportation systems deployment. Sec. 1206. Environmental review of activities that support deployment of intelligent transportation systems. Sec. 1207. Assumption of responsibility for certain programs and projects. Sec. 1208. HOV facilities. Sec. 1209. Congestion pricing pilot program. Subtitle C--Mobility and efficiency Sec. 1301. National corridor infrastructure improvement program. Sec. 1302. Coordinated border infrastructure program. Sec. 1303. Freight intermodal connectors. Sec. 1304. Projects of national and regional significance. Sec. 1305. Dedicated truck lanes. Sec. 1306. Truck parking facilities. Subtitle D--Highway safety Sec. 1401. Highway safety improvement program. [[Page 6086]] Sec. 1402. Worker injury prevention and free flow of vehicular traffic. Sec. 1403. High risk rural road safety improvement program. Sec. 1404. Transfers of apportionments to safety programs. Sec. 1405. Safety incentive grants for use of seat belts. Sec. 1406. Safety incentives to prevent operation of motor vehicles by intoxicated persons. Sec. 1407. Repeat offenders for driving while intoxicated. Subtitle E--Construction and contract efficiencies Sec. 1501. Design-build. Sec. 1502. Warranty Highway Construction Project Pilot Program. Sec. 1503. Private investment study. Sec. 1504. Highways for LIFE pilot program. Subtitle F--Finance Sec. 1601. Transportation Infrastructure Finance and Innovation Act. Sec. 1602. State infrastructure banks. Sec. 1603. Interstate System reconstruction and rehabilitation toll pilot program. Sec. 1604. Interstate System construction toll pilot program. Sec. 1605. Use of excess funds. Subtitle G--High priority projects Sec. 1701. High priority projects program. Sec. 1702. Project authorizations. Subtitle H--Miscellaneous provisions Sec. 1801. Budget justification. Sec. 1802. Motorist Information. Sec. 1803. Motorist information concerning full service restaurants. Sec. 1804. High priority corridors on the National Highway System. Sec. 1805. Additions to Appalachian region. Sec. 1806. Transportation assets and needs of Delta region. Sec. 1807. Toll facilities workplace safety study. Sec. 1808. Pavement Marking Systems Demonstration Projects. Sec. 1809. Work zone safety grants. Sec. 1810. Grant program to prohibit racial profiling. Sec. 1811. America's Byways Resource Center. Sec. 1812. Technical adjustment. Sec. 1813. Road User Charge Evaluation Pilot Project. Sec. 1814. Sense of Congress. Sec. 1815. Conforming amendment for transportation planning sections. Sec. 1816. Distribution of metropolitan planning funds within States. Sec. 1817. Treatment of off ramp. Sec. 1818. Loan forgiveness. TITLE II--HIGHWAY SAFETY Sec. 2001. Authorization of appropriations. Sec. 2002. Occupant protection incentive grants. Sec. 2003. Alcohol-impaired driving countermeasures. Sec. 2004. State traffic safety information system improvements. Sec. 2005. High visibility enforcement program. Sec. 2006. Motorcycle crash causation study. Sec. 2007. Child safety and child booster seat incentive grants. Sec. 2008. Safety data. Sec. 2009. Motorcyclist safety. Sec. 2010. Driver fatigue. TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS Sec. 3001. Short title; amendments to title 49, United States Code. Sec. 3002. Policies, findings, and purposes. Sec. 3003. Definitions. Sec. 3004. Metropolitan planning. Sec. 3005. Statewide planning. Sec. 3006. Planning programs. Sec. 3007. Private enterprise participation. Sec. 3008. Urbanized area formula grants. Sec. 3009. Clean fuels formula grant program. Sec. 3010. Capital investment grants. Sec. 3011. Formula grants for special needs of elderly individuals and individuals with disabilities. Sec. 3012. Formula grants for other than urbanized areas. Sec. 3013. Research, development, demonstration, and deployment projects. Sec. 3014. Cooperative research program. Sec. 3015. National research and technology programs. Sec. 3016. National Transit Institute. Sec. 3017. Job access and reverse commute formula grants. Sec. 3018. New Freedom program. Sec. 3019. Bus testing facility. Sec. 3020. Bicycle facilities. Sec. 3021. Transit in the parks pilot program. Sec. 3022. Human resource programs. Sec. 3023. General provisions on assistance. Sec. 3024. Special provisions for capital projects. Sec. 3025. Contract requirements. Sec. 3026. Project management oversight and review. Sec. 3027. Investigations of safety and hazards. Sec. 3028. State safety oversight. Sec. 3029. Controlled substances and alcohol misuse testing. Sec. 3030. Employee protective arrangements. Sec. 3031. Administrative procedures. Sec. 3032. National transit database. Sec. 3033. Apportionments based on fixed guideway factors. Sec. 3034. Authorizations. Sec. 3035. Over-the-road bus accessibility program. Sec. 3036. Updated terminology. Sec. 3037. Project authorizations for new fixed guideway capital projects. Sec. 3038. Projects for bus and bus-related facilities. Sec. 3039. National fuel cell bus technology development program. Sec. 3040. Extension of public transit vehicle exemption from axle weight restrictions. Sec. 3041. High-intensity small-urbanized area formula grant program. Sec. 3042. Allocations for national research and technology programs. Sec. 3043. Obligation ceiling. Sec. 3044. Adjustments for the Surface Transportation Extension Act of 2004. TITLE IV--MOTOR CARRIER TRANSPORTATION AND SAFETY Subtitle A--Commercial motor vehicle safety Sec. 4101. Authorization of appropriations. Sec. 4102. Motor carrier safety grants. Sec. 4103. Border enforcement grants. Sec. 4104. Commercial driver's license improvements. Sec. 4105. Hobbs Act. Sec. 4106. Penalty for denial of access to records. Sec. 4107. Medical Review Board. Sec. 4108. Increased penalties for out-of-service violations and false records. Sec. 4109. Commercial vehicle information systems and networks deployment. Sec. 4110. Safety fitness. Sec. 4111. Pattern of safety violations by motor carrier or broker management. Sec. 4112. Motor carrier research and technology program. Sec. 4113. International cooperation. Sec. 4114. Performance and registration information system management. Sec. 4115. Data quality improvement. Sec. 4116. Driveaway saddlemount vehicles. Sec. 4117. Completion of uniform carrier registration. Sec. 4118. Registration of motor carriers and freight forwarders. Sec. 4119. Deposit of certain civil penalties into Highway Trust Fund. Sec. 4120. Outreach and education. Sec. 4121. Insulin treated diabetes mellitus. Sec. 4122. Grant program for commercial motor vehicle operators. Sec. 4123. Commercial motor vehicle safety advisory Committee. Sec. 4124. Safety data improvement program. Sec. 4125. Commercial driver's license information system modernization. Sec. 4126. Maximum hours of service for operators of ground water well drilling rigs. Sec. 4127. Safety performance history screening. Sec. 4128. Intermodal chassis roadability rule-making. Sec. 4129. Substance abuse professionals. Sec. 4130. Interstate van operations. Sec. 4131. Hours of service for operators of utility service vehicles. Sec. 4132. Technical corrections. Subtitle B--Household goods transportation Sec. 4201. Federal-State relations relating to transportation of household goods. Sec. 4202. Arbitration requirements. Sec. 4203. Civil penalties relating to household goods brokers and unauthorized transportation. Sec. 4204. Penalties for holding household goods hostage. Sec. 4205. Working group for development of practices and procedures to enhance Federal-State relations. Sec. 4206. Consumer handbook on dot Web site. Sec. 4207. Release of household goods broker information. Sec. 4208. Consumer complaint information. Sec. 4209. Insurance regulations. Sec. 4210. Estimating requirements. Sec. 4211. Application of State consumer protection laws to certain household goods carriers. TITLE V--TRANSPORTATION RESEARCH AND EDUCATION Subtitle A--Funding Sec. 5101. Authorization of appropriations. Sec. 5102. Obligation ceiling. Subtitle B--Research, technology, and education Sec. 5201. Research, technology, and education. Sec. 5202. Long-term bridge performance program; innovative bridge research and deployment program. Sec. 5203. Surface transportation environment and planning cooperative research program. Sec. 5204. Technology deployment. Sec. 5205. Training and education. Sec. 5206. Freight planning capacity building. Sec. 5207. Advanced travel forecasting procedures program. Sec. 5208. National cooperative freight transportation research program. Sec. 5209. Future strategic highway research program. Sec. 5210. Transportation safety information management system project. Sec. 5211. Surface transportation congestion relief solutions research initiative. Sec. 5212. Motor carrier efficiency study. Subtitle C--University transportation research; scholarship opportunities Sec. 5301. National university transportation centers. Sec. 5302. University transportation research. Sec. 5303. Transportation scholarship opportunities program. [[Page 6087]] Subtitle D--Advanced technologies Sec. 5401. Advanced heavy-duty vehicle technologies research program. Sec. 5402. Commercial remote sensing products and spatial information technologies. Subtitle E--Transportation data and analysis Sec. 5501. Bureau of Transportation Statistics. Subtitle F--Intelligent transportation systems research Sec. 5601. Short title. Sec. 5602. Goals and purposes. Sec. 5603. General authorities and requirements. Sec. 5604. National architecture and standards. Sec. 5605. Research and development. Sec. 5606. Infrastructure development. Sec. 5607. Definitions. Sec. 5608. Rural interstate corridor communications study. Sec. 5609. Repeal. TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY Sec. 6001. Transportation planning. Sec. 6002. Efficient environmental reviews for project decisionmaking. Sec. 6003. Policy on historic sites. Sec. 6004. Exemption of interstate system. TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION Sec. 7001. Amendment of title 49, United States Code. Sec. 7002. Findings and purpose. Sec. 7003. Definitions. Sec. 7004. General regulatory authority. Sec. 7005. Chemical or biological materials. Sec. 7006. Representation and tampering. Sec. 7007. Technical amendments. Sec. 7008. Training of certain employees. Sec. 7009. Registration. Sec. 7010. Providing shipping papers. Sec. 7011. Rail tank cars. Sec. 7012. Unsatisfactory safety rating. Sec. 7013. Training curriculum for the public sector. Sec. 7014. Planning and training grants, monitoring, and review. Sec. 7015. Special permits and exclusions. Sec. 7016. Uniform forms and procedures. Sec. 7017. International uniformity of standards and requirements. Sec. 7018. Administrative. Sec. 7019. Enforcement. Sec. 7020. Civil penalty. Sec. 7021. Criminal penalty. Sec. 7022. Preemption. Sec. 7023. Relationship to other laws. Sec. 7024. Judicial review. Sec. 7025. Authorization of appropriations. Sec. 7026. Determining amount of undeclared shipments of hazardous materials entering the United States. Sec. 7027. Conforming amendments. TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE Sec. 8001. Policy. Sec. 8002. TITLE IX--TAX PROVISIONS Sec. 9000. Short title, etc. Subtitle A--Highway Trust Fund Extension Sec. 9101. Extension of highway-related taxes and trust fund. Subtitle B--Restructuring of Incentives for Alcohol Fuels, etc. Sec. 9201. Reduced rates of taxes on gasohol replaced with excise tax credit; repeal of other alcohol-based fuel incentives; etc. Sec. 9202. Alcohol fuel subsidies borne by general fund. Subtitle C--Reduction of Fuel Tax Evasion Sec. 9301. Exemption from certain excise taxes for mobile machinery. Sec. 9302. Taxation of aviation-grade kerosene. Subpart A--Motor and Aviation Fuels. Subpart B--Special Provisions Applicable to Fuels Tax Sec. 9303. Dye injection equipment. Sec. 6715A. Tampering with or failing to maintain security requirements for mechanical dye injection systems. Sec. 9304. Authority to inspect on-site records. Sec. 9305. Registration of pipeline or vessel operators required for exemption of bulk transfers to registered terminals or refineries. Sec. 9306. Display of registration. Sec. 6717. Failure to display tax registration on vessels. Sec. 9307. Penalties for failure to register and failure to report. Sec. 6718. Failure to register. Sec. 6725. Failure to report information under section 4101. Sec. 9308. Collection from customs bond where importer not registered. Sec. 4104. Collection from customs bond where importer not registered. Sec. 9309. Modifications of tax on use of certain vehicles. Sec. 9310. Modification of ultimate vendor refund claims with respect to farming. Sec. 9311. Dedication of revenues from certain penalties to the highway trust fund. Subtitle D--Other Excise Tax Provisions Sec. 9401. Taxable fuel refunds for certain ultimate vendors. Sec. 9402. Two-party exchanges. Sec. 4105. Two-party exchanges. Sec. 9403. Simplification of tax on tires. Sec. 4073. Exemptions. Subtitle E--Small Business Expensing Sec. 9501. 2-year extension of increased expensing for small business. Subtitle F--Alternative Minimum Tax Relief Sec. 9601. Net operating losses and foreign tax credit under alternative minimum tax. Sec. 9602. Expansion of exemption from alternative minimum tax for small corporations. Sec. 9603. Income averaging for farmers not to increase alternative minimum tax. TITLE I--FEDERAL-AID HIGHWAYS Subtitle A--Authorization of Programs SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS. (a) In General.--The following sums are authorized to be appropriated from 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, $4,323,076,000 for fiscal year 2004, $4,431,153,000 for fiscal year 2005, $4,541,932,000 for fiscal year, 2006, $4,655,480,000 for fiscal year 2007, $4,771,867,000 for fiscal year 2008, and $4,891,164,000 for fiscal year 2009. (2) National highway system.--For the National Highway System under section 103 of that title, $5,187,691,000 for fiscal year 2004, $5,317,383,000 for fiscal year 2005, $5,450,318,000 for fiscal year 2006, $5,586,576,000 for fiscal year 2007, $5,726,240,000 for fiscal year 2008, and $5,869,396,000 for fiscal year 2009. (3) Bridge program.--For the bridge program under section 144 of that title, $3,709,440,000 for fiscal year 2004, $3,802,176,000 for fiscal year 2005, $3,897,231,000 for fiscal year 2006, $3,994,661,000 for fiscal year 2007, $4,094,528,000 for fiscal year 2008, and $4,196,891,000 for fiscal year 2009. (4) Highway safety improvement program.--For the highway safety improvement program under sections 130 and 152 of that title, $0 for fiscal year 2004, $630,000,000 for fiscal year 2005, $645,000,000 for fiscal year 2006, $660,000,000 for fiscal year 2007, $680,000,000 for fiscal year 2008, and $695,000,000 for fiscal year 2009. Of such funds \1/3\ per fiscal year shall be available to carry out section 130 and \2/3\ shall be available to carry out section 152. (5) Surface transportation program.--For the surface transportation program under section 133 of that title, $6,052,306,000 for fiscal year 2004, $6,203,614,000 for fiscal year 2005, $6,358,704,000 for fiscal year 2006, $6,517,672,000 for fiscal year 2007, $6,680,614,000 for fiscal year 2008, and $6,847,629,000 for fiscal year 2009. (6) Congestion mitigation and air quality improvement program.--For the congestion mitigation and air quality improvement program under section 149 of that title, $1,469,846,000 for fiscal year 2004, $1,506,592,000 for fiscal year 2005, $1,544,257,000 for fiscal year 2006, $1,582,863,000 for fiscal year 2007, $1,622,435,000 for fiscal year 2008, and $1,662,996,000 for fiscal year 2009. (7) Appalachian development highway system program.--For the Appalachian development highway system program under section 14501 of title 40, United States Code, $460,000,000 for fiscal year 2004 and $470,000,000 for each of fiscal years 2005 through 2009. (8) Recreational trails program.--For the recreational trails program under section 206 of title 23, United States Code, $53,000,000 for fiscal year 2004, $70,000,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $90,000,000 for fiscal year 2007, $100,000,000 for fiscal year 2008, and $110,000,000 for fiscal year 2009. (9) Federal lands highways program.-- (A) Indian reservation roads.--For Indian reservation roads under section 204 of title 23, United States Code, $325,000,000 for fiscal year 2004, $365,000,000 for fiscal year 2005, $390,000,000 for fiscal year 2006, $395,000,000 for fiscal year 2007, $420,000,000 for fiscal year 2008, and $420,000,000 for fiscal year 2009. (B) Park roads and parkways.--For park roads and parkways roads under section 204 of that title, $170,000,000 for fiscal year 2004, $185,000,000 for fiscal year 2005, $200,000,000 for fiscal year 2006, $215,000,000 for fiscal year 2007, $225,000,000 for fiscal year 2008, and $225,000,000 for fiscal year 2009. (C) Public lands highway.--For public lands highway under section 204 of that title, $250,000,000 for fiscal year 2004, $260,000,000 for fiscal year 2005, $280,000,000 for fiscal year 2006, $280,000,000 for fiscal year 2007, $290,000,000 for fiscal year 2008, and $300,000,000 for fiscal year 2009. (D) Refuge roads.--For refuge roads under section 204 of that title, $20,000,000 for each of fiscal years 2004 through 2009. (10) National corridor infrastructure improvement program.--For the national corridor infrastructure improvement program under section 1301 of this title, $333,333,000 for fiscal year 2004, $600,000,000 for fiscal year 2005, $600,000,000 for fiscal year 2006, $600,000,000 for fiscal year 2007, $600,000,000 for fiscal year 2008, and $600,000,000 for fiscal year 2009. (11) Coordinated border infrastructure program.--For the coordinated border infrastructure program under section 1302 of this title, $105,000,000 for fiscal year 2004, $200,000,000 for fiscal year 2005, $200,000,000 for fiscal year 2006, $200,000,000 for fiscal year 2007, $200,000,000 for fiscal year 2008, and $225,000,000 for fiscal year 2009. [[Page 6088]] (12) Projects of national and regional significance program.--For the projects of national and regional significance program under section 1304 of this title, $600,000,000 for fiscal year 2004, $1,100,000,000 for fiscal year 2005, $1,100,000,000 for fiscal year 2006, $1,200,000,000 for fiscal year 2007, $1,300,000,000 for fiscal year 2008, and $1,300,000,000 for fiscal year 2009. (13) Construction of ferry boats and ferry terminal facilities.--For construction of ferry boats and ferry terminal facilities under section 165 of title 23, United States Code, $60,000,000 for fiscal year 2004, $70,000,000 for fiscal year 2005, $75,000,000 for fiscal year 2006, $75,000,000 for fiscal year 2007, $75,000,000 for fiscal year 2008, and $75,000,000 for fiscal year 2009. (14) National scenic byways program.--For the national scenic byways program under section 162 of title 23, United States Code, $30,000,000 for fiscal year 2004, $40,000,000 for fiscal year 2005, $45,000,000 for fiscal year 2006, $55,000,000 for fiscal year 2007, $55,000,000 for fiscal year 2008, and $60,000,000 for fiscal year 2009. (15) Congestion pricing pilot program.--For the congestion pricing pilot program under section 1209 of this title, $15,000,000 for fiscal year 2004, $15,000,000 for fiscal year 2005, $15,000,000 for fiscal year 2006, $15,000,000 for fiscal year 2007, $15,000,000 for fiscal year 2008, and $15,000,000 for fiscal year 2009. (16) Deployment of 511 traveler information program.--For the 511 traveler information program under section 1204(c)(7) of this title, $6,000,000 for each of fiscal years 2004 through 2009. (17) High priority projects program.--For the high priority projects program under section 117 of title 23, United States Code, $2,176,042,000 for fiscal year 2004, $2,061,242,000 for fiscal year 2005, $1,809,342,000 for fiscal year 2006, $1,708,042,000 for fiscal year 2007, $1,757,242,000 for fiscal year 2008, and $1,615,242,000 for fiscal year 2009. (18) Freight intermodal connector program.--For the freight intermodal connector program under section 1303 of this title, $115,000,000 for fiscal year 2004, $250,000,000 for fiscal year 2005, $250,000,000 for fiscal year 2006, $250,000,000 for fiscal year 2007, $250,000,000 for fiscal year 2008, and $250,000,000 for fiscal year 2009. (19) High risk rural road safety improvement program.--For the high risk rural road safety improvement program under section 1403 of this title, $85,000,000 for fiscal year 2004, $105,000,000 for fiscal year 2005, $110,000,000 for fiscal year 2006, $120,000,000 for fiscal year 2007, $125,000,000 for fiscal year 2008, and $130,000,000 for fiscal year 2009. (20) Highway use tax evasion program.--For highway use tax evasion projects under section 143 of title 23, United States Code, $12,000,000 for fiscal year 2004, $30,000,000 for fiscal year 2005, $30,000,000 for fiscal year 2006, $20,000,000 for fiscal year 2007, $10,000,000 for fiscal year 2008, and $7,000,000 for fiscal year 2009. (21) Pedestrian and cyclist equity.-- (A) Safe routes to school program.--For the safe routes to school program under section 1120(a) of this title, $125,000,000 for fiscal year 2004, $150,000,000 for fiscal year 2005, $175,000,000 for fiscal year 2006, $175,000,000 for fiscal year 2007, $175,000,000 for fiscal year 2008, and $200,000,000 for fiscal year 2009. (B) Nonmotorized pilot program.--For the nonmotorized pilot program under section 1120(b) of this title, $20,000,000 for fiscal year 2004 and $25,000,000 for each of fiscal years 2005 through 2009. (22) Dedicated truck lanes.--For dedicated truck lanes under section 1305 of this title, $80,000,000 for fiscal year 2004 ,$165,000,000 for each of fiscal years 2005 through 2008, and $170,000,000 for fiscal year 2009. (23) Highways for LIFE program.--For the highways for life program under section 1504 of this title, $40,000,000 for fiscal year 2004, $55,000,000 for fiscal year 2005, and $60,000,000 for each of fiscal years 2006 through 2009. (24) Commonwealth of puerto rico highway program.--For the Commonwealth of Puerto Rico highway program under section 1214(r) of the Transportation Equity Act for the 21st Century (112 Stat. 209), $115,000,000 for fiscal year 2004, $125,000,000 for fiscal year 2005, $130,000,000 for fiscal year 2006, $130,000,000 for fiscal year 2007, $140,000,000 for fiscal year 2008, and $140,000,000 for fiscal year 2009. (b) Disadvantaged Business Enterprises.-- (1) 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, III, and V of this Act and section 403 of title 23, United States Code, shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. (2) Definitions.--In this subsection, the following definitions apply: (A) Small business concern.--The term ``small business concern'' has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $17,420,000, as adjusted by the Secretary for inflation. (B) Socially and economically disadvantaged individuals.-- The term ``socially and economically disadvantaged individuals'' has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (3) Annual listing of disadvantaged business enterprises.-- Each State shall annually survey and compile a list of the small business concerns referred to in paragraph (1) 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. (4) Uniform certification.--The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include, but not be limited to, 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. (5) Compliance with court orders.--Nothing in this subsection limits the eligibility of an entity or person to receive funds made available under titles I, III, and V of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (1) because a Federal court issues a final order in which the court finds that the requirement of paragraph (1), or the program established under paragraph (1), is unconstitutional. SEC. 1102. OBLIGATION CEILING. (a) General Limitation.--Notwithstanding any other provision of law but subject to subsections (g) and (h), the obligations for Federal-aid highway and highway safety construction programs shall not exceed-- (1) $33,644,000,000 for fiscal year 2004; (2) $34,641,000,000 for fiscal year 2005; (3) $35,668,000,000 for fiscal year 2006; (4) $36,725,000,000 for fiscal year 2007; (5) $37,813,000,000 for fiscal year 2008; and (6) $38,934,000,000 for fiscal year 2009. (b) Exceptions.--The limitations under subsection (a) shall not apply to obligations-- (1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; (5) under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; (6) under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, United States Code, as in effect on June 8, 1998; (8) under section 105 of title 23, United States Code (but, for each of fiscal years 1998 through 2013), only in an amount equal to $639,000,000 per fiscal year; and (9) for Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century or subsequent public laws for multiple years or to remain available until used, but only to the extent that such obligation authority has not lapsed or been used. (c) Distribution of Obligation Authority.--For each of fiscal years 2004 through 2009, the Secretary shall-- (1) not distribute obligation authority provided by subsection (a) for such fiscal year for amounts authorized for administrative expenses and amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics; (2) 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) determine the ratio that-- (A) the obligation authority provided by subsection (a) for such 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 Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) 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)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph (1) of this subsection; (4) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2) for section 117 of title 23, United States Code (relating to high priority projects program), section 14501 of title 40, United States Code (relating to Appalachian development highway system), and $2,000,000,000 for such fiscal year under section 105 of title 23, United States Code (relating to minimum guarantee) so that amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined [[Page 6089]] under paragraph (3) by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year; (5) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the Secretary under this Act and title 23, United States Code (other than activities to which paragraph (1) applies and programs to which paragraph (4) applies) by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such program for such fiscal year; and (6) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highway and highway safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $2,639,000,000, 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) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to (B) the total of the sums authorized to be appropriated for such programs that are apportioned to all States for such fiscal year. (d) Redistribution of Unused Obligation Authority.-- Notwithstanding subsection (c), the Secretary shall after August 1 of each of fiscal years 2004 through 2009 revise a distribution of the obligation authority made available under subsection (c) if an amount made available under this section will not be obligated during the fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year. In making the redistribution, the Secretary shall give 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.--Obligation limitations imposed by subsection (a) shall apply to transportation research programs carried out under chapter 5 of title 23, United States Code, and under title V of this Act; except that obligation authority made available for such programs under such limitations shall remain available for a period of 3 fiscal years. (f) Redistribution of Certain Authorized Funds.--Not later than 30 days after the date of the distribution of obligation authority under subsection (c) for each of fiscal years 2004 through 2009, the Secretary shall distribute to the States any funds (1) that are authorized to be appropriated for such fiscal year for Federal-aid highway programs, and (2) that the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year. Such distribution to the States shall be made in the same ratio as the distribution of obligation authority under subsection (c)(6). The funds so distributed shall be available for any purposes 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 a section set forth in subsection (c)(4) shall remain available until used for obligation of funds for such section and shall 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) Increase in Obligation Limit.--Limitations on obligations imposed by subsection (a) for a fiscal year shall be increased by an amount equal to the amount determined pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal year. Any such increase 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) $390,000,000 for fiscal year 2004; (2) $395,000,000 for fiscal year 2005; (3) $395,000,000 for fiscal year 2006; (4) $395,000,000 for fiscal year 2007; (5) $395,000,000 for fiscal year 2008; and (6) $400,000,000 for fiscal year 2009. SEC. 1103. APPORTIONMENTS. (a) Administrative Expenses.--Section 104(a) of title 23, United States Code, is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for purposes described in paragraph (2) $390,000,000 for fiscal year 2004, $395,000,000 for fiscal year 2005, $395,000,000 for fiscal year 2006, $395,000,000 for fiscal year 2007, $395,000,000 for fiscal year 2008, and $400,000,000 for fiscal year 2009. ``(2) Use of funds.--The amounts authorized to be appropriated by paragraph (1) are authorized for the following purposes: ``(A) To administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under chapter 2. ``(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.''; (2) in paragraph (3) by striking ``sum deducted under'' and inserting ``amounts authorized to be appropriated by''; and (3) in paragraph (4)-- (A) by striking ``sums deducted under'' and inserting ``amounts authorized to be appropriated by''; and (B) by striking ``and the Federal Motor Carrier Safety Administration''. (b) National Highway System.--Section 104(b) of such title is amended-- (1) by striking ``the deduction authorized by subsection (a) and''; and (2) in paragraph (1)(A)-- (A) by striking ``$36,400,000 for each fiscal year'' and inserting ``$40,000,000 for fiscal year 2004, $40,000,000 for fiscal year 2005, $40,000,000 for fiscal year 2006, $50,000,000 for fiscal year 2007, $50,000,000 for fiscal year 2008, and $50,000,000 for fiscal year 2009''; and (B) by striking ``$18,800,000 for each of fiscal years 1998 through 2002'' and inserting ``$20,000,000 for fiscal year 2004 and $30,000,000 for each of fiscal years 2005 through 2009''. (c) Conforming Amendments.--Section 104 of such title is amended-- (1) in subsection (f)(1)-- (A) by striking ``, after making the deduction authorized by subsection (a) of this section,''; and (B) by striking ``remaining''; and (2) in subsection (i) by striking ``deducted'' and inserting ``authorized to be appropriated''. (d) Puerto Rico Highway Program.--Section 1214(r) of the Transportation Equity Act for the 21st Century (112 Stat. 209; 117 Stat. 1114) is amended-- (1) in paragraph (1) by striking ``(15) for each of fiscal years 1998 through 2004'' and inserting ``(24) for each of fiscal years 2004 through 2009 of the Transportation Equity Act: A Legacy for Users''; and (2) in paragraph (2) by striking ``(15) of this Act'' and inserting ``(24) of the Transportation Equity Act: A Legacy for Users''. SEC. 1104. MINIMUM GUARANTEE. (a) General Rule.--Section 105(a) of title 23, United States Code, is amended-- (1) by striking ``1998 through 2003'' and inserting ``2004 through 2009''; (2) by striking ``, high priority projects''; and (3) by striking ``and recreational trails'' and inserting ``recreational trails, coordinated border infrastructure, freight intermodal connectors, safe routes to school, highway safety improvement, and high risk rural road safety improvement''. (b) Treatment of Funds.--Section 105(c)(1) of such title is amended-- (1) by striking ``$2,800,000,000'' and inserting ``$2,870,000,000 in fiscal year 2004, $2,941,750,000 in fiscal year 2005, $3,015,293,750 in fiscal year 2006, $3,090,676,094 in fiscal year 2007, $3,167,942,996 in fiscal year 2008, and $3,247,141,571 in fiscal year 2009''; (2) by striking ``, high priority projects''; and (3) by striking ``and recreational trails'' each place it appears and inserting ``recreational trails, coordinated border infrastructure, freight intermodal connectors, safe routes to school, highway safety improvement, and high risk rural road safety improvement''. (c) Authorization.--Section 105(d) of such title is amended by striking ``1998 through 2003'' and inserting ``2004 through 2009''. (d) Special Rule.--Section 105 of such title is further amended-- (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). (e) Guaranteed Specified Return.--Section 105(e) of such title (as redesignated by subsection (d)) is amended-- (1) in the subsection heading by striking ``of 90.5'' and inserting ``Specified''; and (2) in paragraph (1) by striking ``1999 through 2003'' and inserting ``2004 through 2009''. (f) Conforming Amendments.-- (1) Section 131.--Section 131(m) of title 23, United States Code, is amended by striking ``in accordance with the program of projects approval process of section 105''. (2) Section 140.--Section 140 of such title is amended-- (A) in subsection (a) by striking ``programs for projects as provided for in subsection (a) of section 105 of this title'' and inserting ``project under this chapter''; and (B) in subsection (c) by striking ``subsection 104(b)(3) of this title'' and inserting ``section 104(b)(3)''. SEC. 1105. PROJECT APPROVAL AND OVERSIGHT. Section 106(h) of title 23, United States Code, is amended by striking ``$1,000,000,000'' and inserting ``$500,000,000''. SEC. 1106. TEMPORARY TRAFFIC CONTROL DEVICES. (a) Standards.--Section 109(e) of title 23, United States Code, is amended_ (1) by striking ``(e) No funds'' and inserting the following: ``(e) Installation of Safety Devices.-- ``(1) Highway and railroad grade crossings and drawbridges.--No funds''; and (2) by adding at the end the following: ``(2) Temporary traffic control devices.--No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under chapter 2 of this title, unless proper temporary traffic control devices to improve safety [[Page 6090]] in work zones will be installed and maintained during construction, utility, and maintenance operations on that portion of the highway with respect to which such expenditures are to be made. Installation and maintenance of the devices shall be in accordance with the Manual on Uniform Traffic Control Devices.''. (b) Letting of Contracts.--Section 112 of such title is amended-- (1) by striking subsection (f); (2) by redesignating subsection (g) as subsection (f); and (3) by adding at the end the following: ``(g) Temporary Traffic Control Devices.-- ``(1) Issuance of regulations.--The Secretary, after consultation with appropriate Federal and State officials, shall issue regulations establishing the conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations. ``(2) Effects of regulations.--Based on regulations issued under paragraph (1), a State shall-- ``(A) develop separate pay items for the use of uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations; and ``(B) incorporate such pay items into contract provisions to be included in each contract entered into by the State with respect to a highway project to ensure compliance with section 109(e)(2). ``(3) Limitation.--Nothing in the regulations shall be construed to prohibit a State from implementing standards that are more stringent than those required under the regulations. ``(4) Positive protective measures defined.--In this subsection, the term `positive protective measures' means temporary traffic barriers, crash cushions, and other strategies to avoid traffic accidents in work zones, including full road closures.''. SEC. 1107. REVENUE ALIGNED BUDGET AUTHORITY. (a) In General.--Section 110 of title 23, United States Code, relating to revenue aligned budget authority, will be continued in such a way as to create greater stability in program funding level adjustments and maintain a direct relationship to the receipts in the Highway Account of the Highway Trust Fund. (b) Technical Amendment.--Section 110(b)(1)(A) of title 23, United States Code, is amended by striking ``for'' the second place it appears. SEC. 1108. EMERGENCY RELIEF. (a) In General.--Effective October 1, 2004, section 125(c)(1) of title 23, United States Code, is amended by striking ``$100,000,000'' and inserting ``$120,000,000''. (b) Authorizations of Appropriations From General Fund.-- There is authorized to be appropriated for a fiscal year such sums as may be necessary for allocations by the Secretary described in subsections (a) and (b) of sections 125 of title 23, United States Code, if the total of those allocations in such fiscal year are in excess of $120,000,000. SEC. 1109. SURFACE TRANSPORTATION PROGRAM. Section 133(f)(1) of title 23, United States Code, is amended-- (1) by striking ``1998 through 2000'' and inserting ``2004 through 2006''; and (2) by striking ``2001 through 2003'' and inserting ``2007 through 2009''. SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. (a) Eligible Activities.-- (1) Intergovernmental enforcement efforts.--Section 143(b)(2) of title 23, United States Code, is amended by inserting before the period the following: ``; except that of funds so made available for each of fiscal years 2004 through 2009, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training''. (2) Conditions on funds allocated to internal revenue service.--Section 143(b)(3) of such title is amended by striking ``The'' and inserting ``Except as otherwise provided in this section, the''. (3) Limitation on use of funds.--Section 143(b)(4) of such title is amended-- (A) by striking ``and'' at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting a semicolon; and (C) by adding at the end the following: ``(H) to support efforts between States and Indian tribes to address issues related to State motor fuel taxes; and ``(I) to analyze and implement programs to reduce tax evasion associated with foreign imported fuel.''. (4) Reports.--Section 143(b) of such title is amended by adding at the end the following: ``(9) Reports.--The Commissioner of the Internal Revenue Service and each State shall submit to the Secretary an annual report that describes the projects, examinations, and criminal investigations funded by and carried out under this section. Such report shall specify the annual yield estimated for each project funded under this section.''. (b) Excise Fuel Reporting System.-- (1) In general.--Section 143(c)(1) of such title is amended-- (A) by striking ``August 1, 1998,'' and inserting ``90 days after the date of enactment of the Transportation Equity Act: A Legacy for Users,''; (B) by striking ``development'' and inserting ``completion, operation,''; and (C) by striking ``an excise fuel reporting system (in this subsection referred to as `the system')'' and inserting ``an excise summary terminal activity reporting system''. (2) Elements of memorandum of understanding.--Section 143(c)(2) of such title is amended-- (A) by striking ``the system'' the first place it appears and inserting ``the excise summary terminal activity reporting system''; (B) in subparagraph (A) by striking ``develop'' and inserting ``complete''; (C) by striking ``and'' at the end of subparagraph (B); (D) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (E) by adding at the end the following: ``(D) the Commissioner of the Internal Revenue Service shall submit and the Secretary shall approve a budget and project plan for the completion, operation, and maintenance of the system.''; and (3) Funding priority.--Section 143(c)(3) of such title is amended to read as follows: ``(3) Funding.--Of the amounts made available to carry out this section for each of fiscal years 2004 through 2009, the Secretary shall make available to the Internal Revenue Service such funds as may be necessary to complete, operate, and maintain the excise summary terminal activity reporting system in accordance with this subsection.''. (c) Registration System and Electronic Database.--Section 143 of such title is further amended by adding at the end the following: ``(d) Pipeline, Vessel, and Barge Registration System.-- ``(1) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service for the purposes of the development, operation, and maintenance of a registration system for pipelines, vessels, and barges, and operators of such pipelines, vessels, and barges, that make bulk transfers of taxable fuel. ``(2) Elements of memorandum of understanding.--The memorandum of understanding shall provide that-- ``(A) the Internal Revenue Service shall develop and maintain the registration system through contracts; ``(B) the Commissioner of the Internal Revenue Service shall submit and the Secretary shall approve a budget and project plan for development, operation, and maintenance of the registration system; ``(C) the registration system shall be under the control of the Internal Revenue Service; and ``(D) the registration system shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, subject to section 6103 of the Internal Revenue Code of 1986. ``(3) Funding.--Of the amounts made available to carry out this section for each of fiscal years 2004 through 2009, the Secretary shall make available to the Internal Revenue Service such funds as may be necessary to complete, operate, and maintain a registration system for pipelines, vessels, and barges, and operators of such pipelines, vessels, and barges, that make bulk transfers of taxable fuel in accordance with this subsection. ``(e) Heavy Vehicle Use Tax Payment Database.-- ``(1) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service for the purposes of the establishment, operation, and maintenance of an electronic database of heavy vehicle highway use tax payments. ``(2) Elements of memorandum of understanding.--The memorandum of understanding shall provide that-- ``(A) the Internal Revenue Service shall establish and maintain the electronic database through contracts; ``(B) the Commissioner of the Internal Revenue Service shall submit and the Secretary shall approve a budget and project plan for establishment, operation, and maintenance of the electronic database; ``(C) the electronic database shall be under the control of the Internal Revenue Service; and ``(D) the electronic database shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, subject to section 6103 of the Internal Revenue Code of 1986. ``(3) Funding.--Of the amounts made available to carry out this section for each of fiscal years 2004 through 2009, the Secretary shall make available to the Internal Revenue Service such funds as may be necessary to establish, operate, and maintain an electronic database of heavy vehicle highway use tax payments in accordance with this subsection. ``(f) Reports.--Not later than March 30 and September 30 of each year, the Commissioner of the Internal Revenue Service shall provide reports to the Secretary on the status of the Internal Revenue Service projects funded under this section related to the excise summary terminal activity reporting system, the pipeline, vessel, and barge registration system, and the heavy vehicle use tax electronic database.''. [[Page 6091]] SEC. 1111. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. (a) Apportionment.--The Secretary shall apportion funds made available by section 1101(a)(7) of this Act for fiscal years 2004 through 2009 among the States based on the latest available cost to complete estimate for the Appalachian development highway system under section 14501 title 40, United States Code. (b) Applicability of Title 23.--Funds made available by section 1101(a)(7) of this Act for the Appalachian development highway system shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project under this section shall be determined in accordance with such section 14501 of title 40, United States Code, and such funds shall be available to construct highways and access roads under such section and shall remain available until expended. (c) 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 section 14501 of title 40'' after ``section 125''. SEC. 1112. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Construction of ferry boats and ferry terminal facilities ``(a) In General.--The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c). ``(b) Federal Share.--The Federal share payable for construction of ferry boats and ferry terminal facilities under this section shall be 80 percent of the cost thereof. ``(c) Availability of Amounts.--Amounts made available to carry out this section shall remain available until expended. ``(d) Set-Aside for Projects on NHS.-- ``(1) In general.--$20,000,000 of the amount made available to carry out this section for each of fiscal years 2004 through 2009 shall be obligated for the construction or refurbishment of ferry boats and ferry terminal facilities and approaches to such facilities within marine highway systems that are part of the National Highway System. ``(2) Alaska.--$10,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made available to the State of Alaska. ``(3) New jersey.--$5,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made available to the State of New Jersey. ``(4) Washington.--$5,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made available to the State of Washington. ``(e) Applicability.--All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of such title is amended by adding at the end the following: ``165. Construction of ferry boats and ferry terminal facilities.''. (c) National Ferry Database.-- (1) Establishment.--The Secretary, acting through the Bureau of Transportation Statistics, shall establish and maintain a national ferry database. (2) Contents.--The database shall contain current information regarding ferry systems, including information regarding routes, vessels, passengers and vehicles carried, funding sources and such other information as the Secretary considers useful. (3) Update report.-- Using information collected through the database, the Secretary shall periodically modify as appropriate the report submitted under section 1207(c) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 185-186). (4) Requirements.--The Secretary shall-- (A) compile the database not later than 1 year after the date of enactment of this Act and update the database every 2 years thereafter; (B) ensure that the database is easily accessible to the public; (C) make available, from the ferry boat and ferry terminal program authorized under section 165 of title 23, United States Code, not more than $500,000 for each of fiscal years 2004 through 2009 to establish the database. SEC. 1113. INTERSTATE MAINTENANCE DISCRETIONARY. (a) In General.--Section 118 of title 23, United States Code, is amended-- (1) by striking subsection (c); (2) in subsection (e) by inserting ``Special Rules.--'' before ``Funds made''; and (3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (b) Conforming Amendment.--Section 103(d)(1) of such title is amended by striking ``or 118(c)''. (c) Technical Amendments.-- (1) Section 114.--Section 114(a) of such title is amended by striking ``Except as provided in section 117 of this title, such'' and inserting ``Such''. (2) Section 116.--Section 116(b) of such title is amended by striking ``highway department'' and inserting ``transportation department''. (3) Section 120.--Section 120(e) of such title is amended in the first sentence by striking ``such system'' and inserting ``such highway''. (4) Section 126.--Section 126(a) of such title is amended by inserting ``under'' before ``section 104(b)(3)''. (5) Section 127.--Section 127 of such title is amended by striking ``118(b)(1)'' and inserting ``118(b)(2)''. (6) Bicycle and pedestrian safety grants.--Section 1212(i) of the Transportation Equity Act for the 21st Century (112 Stat. 196-197) is amended by redesignating subparagraphs (D) and (E) as paragraphs (2) and (3), respectively, and moving such paragraphs 2 ems to the left. (d) Limitation.--The amendments made by this section shall not apply to, or have any affect with respect to, funds made available under section 118 of title 23, United States Code, before the date of enactment of this section. SEC. 1114. HIGHWAY BRIDGE. (a) Scour Countermeasures.--Section 144(d) of title 23, United States Code, is amended to read as follows: ``(d) Applications for and Approval of Assistance.-- ``(1) Bridge replacement or rehabilitation.--Whenever any State or States make application to the Secretary for assistance in replacing or rehabilitating a highway bridge which the priority system established under subsections (b) and (c) shows to be eligible, the Secretary may approve Federal participation in replacing such bridge with a comparable facility or in rehabilitating such bridge. ``(2) Preventive maintenance, scour measures, and applications of certain compositions.--Whenever any State makes application to the Secretary for assistance in painting, seismic retrofit, or preventive maintenance of, or installing 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 preventive maintenance of, or installation of scour countermeasures or application of acetate or sodium acetate/formate or such anti-icing or de- icing composition to, such structure. ``(3) Eligibility.--The Secretary shall determine the eligibility of highway bridges for replacement or rehabilitation for each State based upon the unsafe highway bridges in such State; except that a State may carry out a project for preventive maintenance on a bridge, seismic retrofit of a bridge, or installing scour countermeasures to a bridge under this section without regard to whether the bridge is eligible for replacement or rehabilitation under this section.''. (b) Bridge Discretionary Set-aside.--Section 144(g)(1) of such title is amended by adding at the end the following: ``(D) Fiscal years 2004 through 2009.--Of the amounts authorized to be appropriated to carry out the bridge program under this section for each of the fiscal years 2004 through 2009, all but $100,000,000 shall be apportioned as provided in subsection (e). Such $100,000,000 shall be available at the discretion of the Secretary.''. (c) Off-System Bridges.--Section 144(g)(3) of such title is amended-- (1) by striking ``15 percent'' and inserting ``20 percent''; (2) by striking ``1987'' and inserting ``2004''; (3) by striking ``2003'' and inserting ``2009''; (4) by inserting ``, perform systematic preventive maintenance,'' after ``paint''; and (5) by inserting a comma before ``to highway bridges''. (d) Technical Amendment.--Section 144(i) of such title is amended by striking ``at the same time'' and all that follows through ``Congress''. SEC. 1115. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PROGRAM. (a) Extension.--Section 1221(e)(1) of Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 223) is amended-- (1) by striking ``1999 and'' and inserting ``1999,''; and (2) by inserting before the period at the end the following: ``, and $25,000,000 for fiscal year 2004, $30,000,000 for fiscal year 2005, $35,000,000 for fiscal year 2006, $35,000,000,000 for fiscal year 2007, and $35,000,000 for each of fiscal years 2008 and 2009''. (b) Federal Share.--Section 1221(e)(2) of such Act is amended by inserting before the period at the end ``; except that such funds shall not be transferable and the Federal share for projects and activities carried out with such funds shall be determined in accordance with section 120(b) of title 23, United States Code''. SEC. 1116. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS. (a) Definitions.--In this section, the following definitions apply: (1) Eligible project costs.--The term ``eligible project costs''-- (A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station; and (B) includes the costs of preconstruction planning activities. (2) Full project costs.--The term ``full project costs'' means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment. [[Page 6092]] (3) MAGLEV.--The term ``MAGLEV'' means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour. (4) State.--The term ``State'' has the meaning such term has under section 101(a) of title 23, United States Code. (b) In General.-- (1) Assistance for eligible projects.--The Secretary shall make available financial assistance to pay the Federal share of full project costs of eligible projects authorized by this section. (2) Use of assistance.--Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects authorized by this section. (3) Applicability of other laws.--Financial assistance made available under this section, and projects assisted with such assistance, shall be subject to section 5333(a) of title 49, United States Code. (c) Project Eligibility.--To be eligible to receive financial assistance under subsection (b), a project shall-- (1) involve a segment or segments of a high-speed ground transportation corridor; (2) result in an operating transportation facility that provides a revenue producing service; and (3) be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by 1 or more States. (d) 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 $15,000,000 for fiscal year 2005 and $20,000,000 for each of fiscal years 2006 through 2009. (e) Applicability of Title 23, United States Code.--Funds authorized to be appropriated by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the full project costs of an eligible project shall be 80 percent, and such funds shall remain available until expended and shall not be transferable. SEC. 1117. RECREATIONAL TRAILS. (a) Recreational Trails Program Formula.--Section 104(h)(1) of title 23, United States Code, is amended by striking ``research and technical'' and all that follows through ``Committee'' and inserting ``research, technical assistance, and training under the recreational trails program''. (b) Permissible Uses.--Section 206(d)(2) of such title is amended to read as follows: ``(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 existing 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 lands, construction of the trails shall be-- ``(i) permissible under other law; ``(ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l- 4 et seq.) and that is in effect; ``(iii) approved by the administering agency of the State designated under subsection (c)(1); and ``(iv) approved by each Federal agency having jurisdiction over the affected lands 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 the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and 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) operation of educational programs to promote safety and environmental protection as those objectives relate to the use of recreational trails, but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year; and ``(H) 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.''. (c) Use of Apportionments.--Section 206(d)(3) of such title is amended-- (1) by striking subparagraph (C); (2) by redesignating subparagraph (D) as subparagraph (C); and (3) in subparagraph (C) (as so redesignated) by striking ``(2)(F)'' and inserting ``(2)(H)''. (d) Federal Share.--Section 206(f) of such title is amended-- (1) in paragraph (1)-- (A) by inserting ``and the Federal share of the administrative costs of a State'' after ``project''; and (B) by striking ``not exceed 80 percent'' and inserting ``be determined in accordance with section 120(b)''; (2) in paragraph (2)(A) by striking ``80 percent of'' and inserting ``the amount determined in accordance with section 120(b) for''; (3) in paragraph (2)(B) by inserting ``sponsoring the project'' after ``Federal agency''; (4) by striking paragraph (5); (5) by redesignating paragraph (4) as paragraph (5); (6) in paragraph (5) (as so redesignated) by striking ``80 percent'' and inserting ``the Federal share as determined in accordance with section 120(b)''; and (7) 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 toward 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.''. (e) Planning and Environmental Assessment Costs Incurred Prior to Project Approval.--Section 206(h)(1) of such title is amended by adding at the end the following: ``(C) Planning and environmental assessment costs incurred prior to project approval.--The Secretary may allow pre- approval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project described under subsection (d)(2) (other than subparagraph (I)) in accordance with subsection (f), limited to costs incurred less than 18 months prior to project approval.''. (f) Encouragement of Use of Youth Conservation or Service Corps.--The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform construction and maintenance of recreational trails under section 206 of title 23, United States Code. SEC. 1118. FEDERAL LANDS HIGHWAYS. (a) Contracts and Agreements With Indian Tribes.--Section 202(d)(3) of title 23, United States Code, is amended to read as follows: ``(3) Contracts and agreements with indian tribes.-- ``(A) In general.--Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available to an Indian tribal government under this title for a highway, road, bridge, parkway, or transit facility project that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe shall be made available, on the request of the 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. 450 et seq.), contracts and agreements for the planning, research, engineering, and construction relating to such project. ``(B) Exclusion of agency participation.--In accordance with subparagraph (A), all funds for a project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which the Department of the Interior has previously carried out, or the Department of Transportation has previously carried out under the Federal lands highway programs, the programs, functions, services, or activities involved. ``(C) Consortia.--Two or more Indian tribes that are otherwise eligible to participate in a project to which this title applies may form a consortium to be considered as a single Indian tribe for the purpose of participating in the project under this section. ``(D) Funding.--The amount an Indian tribal government receives for a project under subparagraph (A) shall equal the sum of the funding that the Indian tribal government would otherwise receive for the project in accordance with the funding formula established under this subsection and such additional amount as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the project. ``(E) Eligibility.--An Indian tribal government may receive funding under subparagraph (A) for a project in a fiscal year if the Indian tribal government demonstrates to the satisfaction of the Secretary financial stability and financial management capability as demonstrated in the annual auditing required under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) and, during the preceding fiscal year, 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. ``(F) Assumption of functions and duties.--An Indian tribal government receiving funding under subparagraph (A) for a project shall assume all functions and duties that the Secretary of the Interior would have performed with respect to projects under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.). ``(G) Powers.--An Indian tribal government receiving funding under subparagraph (A) for a project shall have all powers that the Secretary [[Page 6093]] of the Interior would have exercised in administering the funds transferred to the Indian tribal government for such project under this section if such funds had not been transferred, except to the extent that such powers are powers that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.). ``(H) Dispute resolution.--In the event of a disagreement between the Secretary of Transportation or the Secretary of the Interior and an Indian tribe over whether a particular function, duty, or power may be lawfully transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.), the Indian tribe shall have the right to pursue all alternative dispute resolutions and appeal procedures authorized by such Act, including regulations issued to carry out such Act.''. (b) Alaska Native Village Inventory.--Section 202(d)(2) of such title is amended by adding at the end the following: ``(E) Alaska native road inventory.-- ``(i) In general.--For fiscal year 2004 and each fiscal year thereafter, any allocation of sums authorized to be appropriated for Indian reservation roads in Alaska shall be based on an inventory of roads within the exterior boundaries of village corporation land selected pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that includes all routes previously included in such an inventory. The Secretary of Transportation and the Secretary of the Interior may include, in the inventory of roads, those proposed for inclusion by tribal village governments from among community streets within the village and those proposed primary access routes for inclusion by tribal village governments, including roads and trails between villages (including links over water), roads and trails to landfills, roads and trails to drinking water sources, roads and trails to natural resources identified for economic development, and roads and trails that provide access to intermodal termini, such as airports, harbors, or boat landings. ``(ii) Limitation on primary access routes.--For purposes of this subparagraph, a proposed primary access route is the shortest practicable route connecting 2 points of the proposed route.''. (c) Grants for Financing Transportation Debt.--Section 202(a) is amended by inserting before the period at the end the following: ``; except that the Secretary may use up to 3 percent of such funds for making grants to Indian tribes for the purpose of financing transportation debt for individual Indian reservation roads subject to all requirements governing Federal assistance for Indian roads under this section and section 204''. (d) Deputy Assistant Secretary of Transportation for Tribal Government Affairs.--Section 102 of title 49, United States Code, is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: ``(f) Deputy Assistant Secretary for Tribal Government Affairs.--The Department of Transportation shall have, within the office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and implement the Department of Transportation policy and programs serving Indian tribes and tribal organizations and to coordinate tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking related to, or has impact on, projects, programs, or funding associated with the tribal transportation program.''. SEC. 1119. RESERVED. SEC. 1120. PEDESTRIAN AND CYCLIST EQUITY. (a) Safe Routes to School Program.-- (1) Establishment.--Subject to the requirements of this subsection, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools. (2) Purposes.--The purposes of the program shall be-- (A) to enable and encourage children, including those with disabilities, to walk and bicycle to school; (B) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and (C) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. (3) Apportionment of funds.-- (A) In general.--Subject to subparagraphs (B) and (C), amounts made available to carry out this subsection for a fiscal year shall be apportioned among the States in the ratio that-- (i) the total student enrollment in primary and middle schools in each State; bears to (ii) the total student enrollment in primary and middle schools in all the States. (B) Minimum apportionment.--No State shall receive an apportionment under this subsection for a fiscal year of less than $2,000,000. (C) Set-aside.--Before apportioning amounts made available to carry out this subsection under this paragraph for a fiscal year, the Secretary shall set aside not more than 2 percent of such amounts for the administrative expenses of the Secretary in carrying out this subsection. (D) Determination of student enrollments.--Determinations under this paragraph concerning student enrollments shall be made by the Secretary. (4) Administration of amounts.--Amounts apportioned to a State under this subsection shall be administered by the State's department of transportation. (5) Eligible recipients.--Amounts apportioned to a State under this subsection shall be used by the State to provide financial assistance to State, local, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this subsection. (6) Eligible projects and activities.-- (A) Infrastructure-related projects.-- (i) In general.--Amounts apportioned to a State under this subsection may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bike to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. (ii) Location of projects.--Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. (B) Noninfrastructure-related activities.-- (i) In general.--In addition to projects described in subparagraph (A), amounts apportioned to a State under this subsection may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs. (ii) Allocation.--Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this subsection for a fiscal year shall be used for noninfrastructure-related activities under this subparagraph. (C) Safe routes to school coordinator.--Each State receiving an apportionment under this subsection for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State's safe routes to school program. (7) Clearinghouse.-- (A) In general.--The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools to-- (i) operate a national safe routes to school clearinghouse; (ii) develop information and educational programs on safe routes to school; and (iii) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. (B) Funding.--The Secretary shall carry out this paragraph using amounts set aside for administrative expenses under paragraph (3)(C). (8) Task force.-- (A) In general.--The Secretary shall establish a national safe routes to school task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study and develop a strategy for advancing safe routes to school programs nationwide. (B) Report.--Not later than March 30, 2005, the Secretary shall transmit to Congress a report containing the results of the study conducted, and a description of the strategy developed, under subparagraph (A) and information regarding the use of funds for infrastructure-related and noninfrastructure-related activities under subparagraphs (A) and (B) of paragraph (6). (C) Funding.--The Secretary shall carry out this paragraph using amounts set aside for administrative expenses under paragraph (3)(C). (9) Applicability of title 23.--Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended and the Federal share of the cost of a project or activity under this section shall be 100 percent. Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under such chapter. (10) Definitions.--In this subsection, the following definitions apply: (A) In the vicinity of schools.--The term ``in the vicinity of schools'' means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles). (B) Primary and middle schools.--The term ``primary and middle schools'' means schools providing education from kindergarten through eighth grade. (C) State.--The term ``State'' has the meaning such term has in section 101(a) of title 23, United States Code. (b) Nonmotorized Transportation Pilot Program.-- (1) Establishment.--The Secretary shall establish and carry out a nonmotorized transportation pilot program to construct, in 4 communities selected by the Secretary, a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that connect directly with transit stations, schools, residences, [[Page 6094]] businesses, recreation areas, and other community activity centers. (2) Purpose.--The purpose of the program shall be to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities. (3) Grants.--In carrying out the program, the Secretary may make grants to State, local, and regional agencies, that the Secretary determines are suitably equipped and organized to carry out the objectives and requirements of this subsection. An agency that receives a grant under this subsection may suballocate grant funds to a nonprofit organization to carry out the program under this subsection. (4) Applicability of title 23.--Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of a project carried out under this subsection shall be 80 percent, and such funds shall not be transferable and shall remain available until expended. (5) Statistical information.--In carrying out the program, the Secretary shall develop statistical information on changes in motor vehicle, nonmotorized transportation, and public transportation usage in communities participating in the program and assess how such changes decrease congestion and energy usage, increase the frequency of biking and walking, and promote better health and a cleaner environment. (6) Reports.--The Secretary shall transmit to Congress an interim report not later than September 30, 2007, and a final report not later than September 30, 2010, on the results of the program. SEC. 1121. NATIONAL COMMISSIONS. (a) National Commission on Future Revenue Sources to Support the Highway Trust Fund.-- (1) Establishment.--There is established a National Commission on Future Revenue Sources to Support the Highway Trust Fund to conduct-- (A) a study evaluating alternative short-term sources of Highway Trust Fund revenue to support the requirements of section 1124; and (B) a study evaluating alternative long-term sources of revenue to support the Highway Trust Fund, considering the findings, conclusions, and recommendations of a recent study by the Transportation Research Board of the National Academy of Sciences on alternatives to the fuel tax to support highway program financing and other relevant prior research. (2) Functions.--The Commission shall-- (A) develop recommendations to generate Highway Trust Fund revenue necessary to accomplish the requirements of section 1124; (B) oversee a comprehensive investigation of alternatives to replace the fuel tax as the principal revenue source to support the Highway Trust Fund over at least the next 30 years; (C) consult with the Secretary of Transportation and the Secretary of the Treasury to assure that their views concerning essential attributes of Highway Trust Fund revenue alternatives are understood; (D) assure that State transportation agency views on alternative revenue sources to support State transportation improvement programs are appropriately considered and that any recommended Federal financing strategy take into account State financial requirements; and (E) make specific recommendations regarding actions that need to be taken to develop alternative revenue sources to support the Highway Trust Fund and when those actions must be taken. (3) Specific matters to be addressed.--The study under paragraph (1)(B)shall address specifically-- (A) advantages and disadvantages of alternative revenue sources to meet anticipated Federal surface transportation financial requirements; (B) the time frame within which actions must be taken to transition from the fuel tax to alternative revenue sources to support the Highway Trust Fund; (C) recommendations concerning the most promising revenue sources to support long-term Federal surface transportation financing requirements; (D) development of a broad transition strategy to move from the current tax base to new funding mechanisms, including the time frame for various aspects of the transition strategy; (E) recommendations for additional research that may be needed to implement recommended alternatives; and (F) the extent to which revenues should reflect the relative use of the highway system. (4) Matters to consider and evaluate.--To the maximum extent feasible, the Commission, in conducting the study under paragraph (1)(B), shall consider and evaluate other related work that has been done by the Department of Transportation, the Department of Energy, the Transportation Research Board, and others. In developing recommendations under paragraph (2), the Commission shall consider-- (A) the ability to generate sufficient revenues 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, to implement each option; (D) potential taxpayer privacy concerns; (E) 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 States tax mechanisms under each alternative. (5) Membership.-- (A) Composition.--The Commission shall be composed of nine members of whom-- (i) three members shall be appointed by the Secretary; (ii) two members shall be appointed by the Speaker of the House of Representatives; (iii) one member shall be appointed by the minority leader of the House of Representatives; (iv) two members shall be appointed by the majority leader of the Senate; and (v) one member shall be appointed by the minority leader of the Senate. (B) Qualifications.--Members appointed under subparagraph (A) shall have experience in public finance, surface transportation program administration, managing organizations that use surface transportation facilities, academic research into related issues, or other activities that provide unique perspectives on current and future requirements for revenue sources to support the Highway Trust Fund. (C) Terms.--Members shall be appointed for the life of the Commission. (D) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. (E) Travel expenses.--Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (F) Chairman.--The Chairman of the Commission shall be elected by the members. (6) Staff.-- (A) In general.--The Commission may engage the services of an appropriate organization, agency, or firm to conduct the studies under this subsection, but the Commission shall provide strategic guidance for the studies. (B) Detail staff.--Upon request of the Commission, the Secretary may detail, on a reimbursable basis, any of the personnel of the Department of Transportation to the Commission to assist the Commission in carrying out its duties under this subsection. (C) Cooperation.--The Secretary shall cooperate with the Commission in conducting the studies under this subsection, including providing the Commission with such nonconfidential data and information as necessary for conducting and completing the study. (7) Administrative support services.--Upon the request of the Commission, the Secretary shall provide to the Commission, on a reimbursable basis, the administrative support and services necessary for the Commission to carry out its responsibilities under this subsection. (8) Reports and recommendations.---- (A) Revenue actions.--Not later than September 30, 2005, the Commission shall transmit to Congress a report on revenue actions that would support the requirements of section 1124. (B) Alternative long-term sources of revenue.--Not later than September 30, 2006, the Commission shall transmit to Congress a report on the results of the study conducted under paragraph (1)(B), relating to alternative long-term sources of revenue to support the Highway Trust Fund, including recommendations to address the needs identified in the study. (9) Termination.--The Commission shall terminate on the 180th day following the date of transmittal of the report under paragraph (8)(B). By such 180th day, the Commission shall deliver all records and papers of the Commission to the Archivist of the United States for deposit in the National Archives. (10) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $1,500,000 for each of fiscal years 2004 and 2005 to carry out this subsection. (11) Applicability of title 23.--Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of activities carried out under this subsection shall be 100 percent, and such funds shall remain available until expended. (b) Declaration of Policy Regarding Future of the Interstate Highway System Study.--Section 101(b) of title 23, United States Code, is amended by striking the last paragraph and inserting the following: ``It is further declared that it is in the national interest to preserve and enhance the Dwight D. Eisenhower National System of Interstate and Defense Highways to meet the Nation's needs for the 21st century. The current urban and long distance personal travel and freight movement demands have surpassed the vision of the original Interstate System and travel demand patterns are expected to change. Continued planning for and investment in the Interstate System is critical to assure it adequately meets the changing travel demands of the future. Among the foremost needs that the Interstate System must provide are safe, efficient, and reliable (1) national and interregional personal mobility, (2) flow of interstate commerce, and (3) travel movements essential for national security. To the maximum extent, actions under this title should address congestion, safety, and freight transportation to provide for a strong and vigorous national economy. The Interstate System is hereby declared to [[Page 6095]] be the Nation's premiere highway system, essential for the Nation's economic vitality, national security, and general welfare. The Secretary of Transportation is directed to take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st century in accordance with this title.''. (c) National Commission on Future of Interstate Highway System.-- (1) Establishment.--There is established a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate and Defense Highways (in this subsection referred to as the ``Interstate System''). (2) Function.--The Commission shall-- (A) conduct a study of the current condition and future of the Interstate System and develop a conceptual plan with alternative approaches for the future of the Interstate System to assure that the Interstate System will continue to serve the needs of the Nation; (B) assure that State transportation agency views are considered; and (C) make specific recommendations regarding those design standards, Federal policies, and legislative changes that must be made to assure the national interests are served in meeting future Interstate System needs. (3) Specific matters to be addressed.--The Commission shall assure that the study under this subsection specifically addresses the following: (A) Current condition.--The current condition and performance of the Interstate System, including physical condition of bridges and pavements and operational characteristics and performance, shall be examined, relying primarily on existing data sources. (B) Future assessment.--The future of the Interstate System, based on a range of legislative and policy approaches for 15-, 30-, and 50-year horizons. (4) Specific issues and details to address.--The following specific issues and details shall be addressed as a part of the study under this subsection: (A) Demographics.--Expected demographics and business uses that impact transportation. (B) Usage.--Expected system use and effects of changing vehicle types, fleet size and weights, and traffic volumes. (C) Natural disaster.--Seismic and other vulnerabilities and their potential impacts. (D) Design standards.--Desirable design policies and standards for future improvements, including safety improvement and additional access points. (E) System wide needs.--Identification of both urban and rural needs. (F) Potential system expansion, upgrades, or other changes.--Deployment of advanced materials and intelligent technologies; critical multi-state rural corridors needing capacity, safety, and operational enhancements; urban and multi-state corridor additions; bypasses of major cities that ensure efficient long-haul travel; improvements to inter- modal linkages; strategies to enhance asset preservation; and implementation strategies. (G) Community values.--Consideration of alternative approaches to maintaining or enhancing community values in those neighborhoods adjacent to the Interstate System. (H) Environmental issues.--Consideration of alternative approaches to addressing environmental concerns relative to recommended alternatives. (I) System performance.--Evaluation and assessment of the current and future capabilities for conducting system-wide real-time performance data collection and analysis, traffic monitoring, system operations and management. (5) Alternatives.--A range of policy recommendations shall be developed as a part of the plan under this subsection to address identified future needs of the Interstate System. The alternatives shall include funding needs and potential approaches to provide those funds. (6) Membership.-- (A) Composition.--The Commission shall be composed of nine members of whom-- (i) three members shall be appointed by the Secretary; (ii) two members shall be appointed by the Speaker of the House of Representatives; (iii) one member shall be appointed by the minority leader of the House of Representatives; (iv) two members shall be appointed by the majority leader of the Senate; and (v) one member shall be appointed by the minority leader of the Senate. (B) Qualifications.--Members appointed under subparagraph (A) shall be appointed from among individuals that have a concern for maintaining a strong role for the Interstate System in the future of the Nation and may include representatives from Federal, State, and local governments, other transportation authorities or agencies, and organizations representing surface transportation owners and operators. (C) Terms.--Members shall be appointed for the life of the Commission. (D) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (E) Travel expenses.--Member shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (F) Chairman.--The Chairman of the Commission shall be elected by the members. (7) Staff.-- (A) In general.--The Commission may engage the services of an appropriate organization, agency, or firm to conduct the study under this subsection, but the Commission shall provide strategic guidance for the study. (B) Detail staff.--Upon request of the Commission, the Secretary may detail, on a reimbursable basis, any of the personnel of the Department of Transportation to the Commission to assist the Commission in carrying out its duties under this subsection. (C) Cooperation.--The Secretary shall cooperate with the Commission in the study, including providing the Commission with such nonconfidential data and information as necessary for conducting and completing the study. (8) Administrative support services.--Upon the request of the Commission, the Secretary shall provide to the Commission, on a reimbursable basis, the administrative support and services necessary for the Commission to carry out its responsibilities under this subsection. (9) Report and recommendations.--Not later than September 30, 2006, the Commission shall transmit to Congress a final report on the results of the study conducted under this subsection, including recommendations to address the needs identified in the study. (10) Termination.--The Commission shall terminate on the 180th day following the date of transmittal of the report under paragraph (9). By such 180th day, the Commission shall deliver all records and papers of the Commission to the Archivist of the United States for deposit in the National Archives. (11) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Funds (other than the Mass Transit Account) to carry out this subsection $1,000,000 for each of fiscal years 2005 and 2006. (12) Applicability of title 23, united states code.--Funds authorized to be appropriated by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of activities carried out under this subsection shall be 100 percent and such funds shall remain available until expended. SEC. 1122. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 2003. [Reserved] SEC. 1123. ROADWAY SAFETY. (a) Road Safety.-- (1) In general.--The Secretary shall enter into an agreement to assist in the activities of a national nonprofit organization that is dedicated solely to improving public road safety-- (A) by improving the quality of data pertaining to public road hazards and design features that affect or increase the severity of motor vehicle crashes; (B) by developing and carrying out a public awareness campaign to educate State and local transportation officials, public safety officials, and motorists regarding the extent to which public road hazards and design features are a factor in motor vehicle crashes; and (C) by promoting public road safety research and technology transfer activities. (2) Funding.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $500,000 for each of fiscal years 2004 through 2009 to carry out this subsection. (3) Applicability of title 23.--Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended. (b) Bicycle and Pedestrian Safety Grants.-- (1) In general.--The Secretary shall make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety-- (A) to operate a national bicycle and pedestrian clearinghouse; (B) to develop information and educational programs; and (C) to disseminate techniques and strategies for improving bicycle and pedestrian safety. (2) Funding.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $500,000 for each of fiscal years 2004 through 2009 to carry out this subsection. (3) Applicability of title 23.--Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended. SEC. 1124. EQUITY REQUIREMENT. (a) In General.--The Secretary may not apportion before August 1, 2006, any funds for any of the programs referred to in subsection (b) for fiscal year 2006 unless, after the date of enactment of this Act, a law has been enacted that-- (1) increases the guaranteed rate of return pursuant to section 105 of title 23, United States Code, to 92 percent in fiscal year 2006, 93 percent in fiscal year 2007, 94 percent in fiscal year 2008, and 95 percent in fiscal year 2009; and (2) requires that each State receive apportionments for such programs for each of such fiscal years that in the aggregate are at least equal to the greater of-- (A) the State's minimum guaranteed rate of return required under paragraph (1); and (B) the State's prior fiscal year's apportioned highway funds for programs referred in subsection (b) plus an amount equal to the State's prior year apportioned funds for such programs multiplied by the percentage increase in the consumer price index during the 12-month period ending June 30 of the calendar year in which the fiscal year begins. [[Page 6096]] (b) Applicability.--The withholding of apportioned funds under subsection (a) shall apply to the following programs: (1) The National Highway System program under section 103(b) of title 23, United States Code. (2) The high priority projects program under section 117 of such title. (3) The Interstate maintenance program under section 119 of such title. (4) The surface transportation program under section 133 of such title. (5) Metropolitan planning under chapter 52 of title 49, United States Code. (6) The highway bridge replacement and rehabilitation program under section 144 of title 23, United States Code. (7) The congestion mitigation and air quality improvement program under section 149 of such title. (8) The recreational trails program under section 206 of such title. (9) The Appalachian development highway system under subtitle IV of title 40, United States Code. (10) The freight intermodal connectors program under section 1303 of this Act. (11) The coordinated border infrastructure program under section 1302 of this Act. (12) The high risk rural road safety improvement program under section 1403 of this Act. (13) The safe routes to schools program under section 1120 of this Act. (14) The minimum guarantee program under section 105 of title 23, United States Code. (c) Consideration of Commission Findings.--In considering a law that increases the guaranteed rate of return referred to in subsection (a), Congress should consider the findings of the report on alternative short-term sources of Highway Trust Fund revenue to be published by the National Commission on Future Revenue Sources to Support the Highway Trust Fund pursuant to section 1121 of this Act. Subtitle B--Congestion Relief SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF. (a) In General.--Title 23, United States Code, is amended by inserting after section 138 the following: ``Sec. 139. Motor vehicle congestion relief ``(a) In General.--Each State that has an urbanized area with an urbanized area population of over 200,000 individuals shall obligate in each of fiscal years 2004 through 2009 a portion of the State's apportionments under section 104(b) in such fiscal year, as calculated under subsection (b), for congestion relief activities in such urbanized areas in accordance with this section. ``(b) Calculation of Amount.--The portion of a State's apportionments for a fiscal year to be obligated for congestion relief activities under subsection (a) shall be determined by multiplying-- ``(1) the total of amounts apportioned to the State under each of paragraphs (1), (2), (3), and (4) of section 104(b) in such fiscal year; by ``(2) 10 percent; by ``(3) the percentage of the State's population residing in urbanized areas of the State with an urbanized area population of over 200,000 individuals. ``(c) Allocation Between Under One and Under Three Congestion Relief Activities.--Of the total amount of a State's apportionments to be obligated for congestion relief activities for a fiscal year as calculated under subsection (b)-- ``(1) 40 percent shall be obligated for under one congestion relief activities; ``(2) 35 percent shall be obligated for under three congestion relief activities; and ``(3) 25 percent shall be obligated at the discretion of the State department of transportation for 1 or more of the following: ``(A) Under one congestion relief activities. ``(B) Under three congestion relief activities. ``(C) Capital costs for transit projects that are eligible for assistance under chapter 53 of title 49. ``(D) Demand relief projects and activities that shift demand to non-peak hours or to other modes of transportation or that reduce the overall level of demand for roads through such means as telecommuting, ridesharing, alternative work hour programs, and value pricing. ``(d) Obligation of Amounts.-- ``(1) In general.--In complying with the requirements of this section, the amounts obligated by a State for congestion relief activities under subsection (a) shall be allocated among the individual programs for which funds are apportioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4). ``(2) Limitation on statutory construction.--Nothing in this subsection shall be construed as requiring a State to obligate proportional or equal amounts under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief activity under this section. ``(e) Limitation on Statutory Construction.--Nothing in this section shall be construed as altering or otherwise affecting the applicability of the requirements of this chapter (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and the Federal-share payable on account of the project) to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for congestion relief activities under subsection (a). ``(f) Joint Responsibility.--Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with this section. ``(g) Transfers.-- ``(1) In general.--A State may transfer a portion of the amount that the State must obligate for under one congestion relief activities in a fiscal year under this section to the amount the State must obligate for under three congestion relief activities under this section if the State certifies to the Secretary that there are no under one congestion relief activities for which such portion can be obligated in such fiscal year and the Secretary does not disapprove such transfer within 30 days after the date of such certification. ``(2) Limitation.--The amount that a State may transfer in a fiscal year under this subsection may not reduce the amount the State must obligate for under one congestion relief activities to less than 10 percent of the total amount of the State's apportionments to be obligated for congestion relief activities for such fiscal year as calculated under subsection (b). ``(3) Treatment.--Amounts transferred by a State under this subsection for a fiscal year shall be included in the amount of the State's apportionments allocated for under three congestion relief activities for such fiscal year under subsection (c)(2). ``(h) Definitions.--In this section, the following definitions apply: ``(1) Congestion relief activities.-- ``(A) In general.--The term `congestion relief activity' means any activity, project, or program that has as its primary purpose, as determined by the State transportation department, the relief of motor vehicle congestion. ``(B) Inclusions.--Such term includes the following: ``(i) Relief of motor vehicle congestion through additional capacity, construction of additional lanes, improvements to interchanges, improved access to major terminals, construction of parallel roads, construction of truck only lanes, and major arterial improvements. ``(ii) Transportation systemwide operational improvements targeted at increasing motor vehicle travel reliability through such means as incident management programs, traffic monitoring and surveillance, and traveler information initiatives. ``(iii) Maximizing efficient use of existing motor vehicle travel capacity through such means as reversible lanes, coordinated traffic signalization, and managed lanes or other lane management strategies. ``(C) Exclusions.--Such term does not include demand relief projects and activities that shift demand to non-peak hours or to other modes of transportation or that reduce the overall level of demand for roads through such means as telecommuting, ridesharing, alternative work hour programs, and value pricing. ``(2) Under one congestion relief activities.--The term `under one congestion relief activity' means a congestion relief activity that-- ``(A) will be completed within one year after the date of commencement of onsite improvements; ``(B) has a total projected cost of less than $1,000,000; and ``(C) will improve conditions in the applicable urbanized area or is an element of the congestion management system of the applicable metropolitan planning organization. ``(3) Under three congestion relief activities.--The term `under three congestion relief activities' means congestion relief activities that-- ``(A) will be completed within 3 years after the date of commencement of onsite improvements; and ``(B) will improve conditions in the applicable urbanized area or is an element of the congestion management system of the applicable metropolitan planning organization.''. (b) Conforming Amendment.--The analysis for chapter I of such title is amended by inserting after the item relating to section 138 the following: ``139. Motor vehicle congestion relief.''. (c) Motor Vehicle Defined.--Title 23, United States Code, is amended-- (1) in section 154(a)(2), relating to the definition of motor vehicle, by inserting ``streets, roads, and'' before ``highways''; (2) by redesignating paragraph (2) of section 154(a) as paragraph (38); (3) by moving such redesignated paragraph from section 154(a) to the end of section 101(a); (4) by redesignating paragraphs (3) and (4) of section 154(a) as paragraphs (2) and (3), respectively; (5) in section 153(i)-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (6) in section 164(a)(4) by striking ``means'' and all that follows through ``rail line or'' and inserting ``does not include''; and (7) in section 405(f)-- (A) by striking paragraph (2); and (B) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5). SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS. (a) Definitions.-- (1) Operating costs for traffic monitoring, management, and control.--Section 101(a)(17) of title 23, United States Code, is amended by inserting ``transportation systems management and operations and'' after ``associated with''. (2) Operational improvement.--Section 101(a)(18)(A)(i) of such title is amended-- (A) by inserting ``transportation systems management and operations, including'' after ``for''; and (B) by inserting ``equipment and programs for transportation response to natural disasters,'' after ``incident management programs,''. [[Page 6097]] (3) Transportation systems management and operations.-- Section 101(a) of such title is further amended by adding at the end the following: ``(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 the security, safety, and reliability of Federal-aid highways. ``(B) Included activities and improvements.--The term includes regional operations collaboration and coordination activities between transportation and public safety agencies and improvements such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic operations measures to improve capacity, traffic signal coordination, optimization of traffic signal timing, 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.''. (b) Congestion Mitigation and Air Quality Improvement Program Eligibility.--Section 149(b)(5) of such title is amended by inserting ``improve transportation systems management and operations,'' after ``intersections,'' (c) Surface Transportation Program Eligibility.--Section 133(b) of such title is amended-- (1) by redesignating paragraphs (13) and (14) as paragraphs (12) and (13), respectively; and (2) by adding at the end the following: ``(14) Regional transportation operations collaboration and coordination activities that are associated with regional improvements, including activities for traffic incident management, technology deployment, emergency management and response, traveler information, and regional congestion relief.''. (d) National Highway System Eligibility.--Section 103(b)(6) of such title is amended by adding at the end the following: ``(Q) Capital, operating, and systems maintenance costs for transportation systems management and operations.''. (e) Transportation Systems Management and Operations.-- Subchapter I of chapter 1 of such title is further amended by adding at the end the following: ``Sec. 166. Transportation systems management and operations ``(a) Authority.--The Secretary may-- ``(1) encourage transportation system managers, operators, public safety officials, and transportation planners within an urbanized area, who are actively engaged in and responsible for conducting activities relating to day-to-day management, operations, public safety, and planning of transportation facilities and services, to collaborate and coordinate on a regional level in a continuous and sustained manner for improved transportation systems management and operations, including, at a minimum-- ``(A) developing a regional concept of operations that defines a regional strategy shared by all transportation and public safety participants for how the region's systems should be managed, operated, and measured; ``(B) sharing of information among operators, service providers, public safety officials, and the general public; and ``(C) guiding, in a regionally-coordinated manner, the implementation of regional transportation system management and operations initiatives, including emergency evacuation and response, traffic incident management, technology deployment, and traveler information systems delivery, in a manner consistent with and integrated into the ongoing metropolitan and statewide transportation planning processes and regional intelligent transportation system architecture, if required; and ``(2) encourage States to establish a system of basic real- time monitoring capability for the surface transportation system and provide the capability and means to share that data among agencies (including highway, transit, and public safety agencies), jurisdictions (including States, cities, counties, and areas represented by metropolitan planning organizations), private-sector entities, and the traveling public. ``(b) Execution.--To support the successful execution of transportation systems management and operations activities, the Secretary may undertake the following activities: ``(1) Assist and cooperate with other Federal departments and agencies, State and local governments, metropolitan planning organizations, private industry representatives, and other interested parties to improve regional collaboration and real-time information sharing between transportation system managers and operators, public safety officials, emergency managers, and the general public to increase the security, safety, and reliability of Federal-aid highways. ``(2) Issue, if necessary, new guidance or regulations for the procurement of transportation system management and operations facilities, equipment, and services, including equipment procured in preparation for natural disasters and emergencies, system hardware, software, and software integration services.''. (f) Conforming Amendment.--The analysis for such chapter is further amended by adding at the end the following: ``166. Transportation systems management and operations.''. (g) Intelligent Transportation System Procurement Policy.-- (1) Study.--The Secretary shall-- (A) conduct a study of the current policies and practices for the procurement of intelligent transportation system facilities, equipment, and services; and (B) develop a conceptual plan with alternative approaches for expediting and streamlining such procurements at the State level. (2) Recommendations.--Based on the results of the study, the Secretary shall make recommendations in the report under paragraph (4) regarding procurement standards, including recommendations regarding any changes in Federal and State statutes, regulations, and policies necessary to ensure that national interests are served in meeting future intelligent transportation system needs. (3) Specific matters to be addressed.--The study under this subsection shall specifically address the following: (A) Current condition.--The current practices and policies relating to procurement of intelligent transportation system facilities, equipment, and services, including equipment procured in preparation for natural disasters and emergencies, system hardware, software, and software integration services. (B) Assessment of need for policy reform.--The ability of current practices and policies to achieve the successful implementation of intelligent transportation system goals and the need for national policy reform to expedite and streamline procurements necessary to meet such goals. (C) Alternatives.--The range of legislative, regulatory, and policy alternatives to address identified needs and goals, including funding needs. (D) Recommendations.--Recommendations regarding procurement standards, including recommendations regarding any changes in Federal and State statutes, regulations, and policies necessary for expedited and streamlined procurements. (4) Report and recommendations.--Not later than September 30, 2005, the Secretary shall transmit to the appropriate committees of Congress a final report regarding the results of the study conducted under this subsection and recommendations to address the needs identified in such study. (5) Initiation of rulemaking proceeding.--To the extent any recommendation made by the Secretary under this subsection may be implemented by regulation, the Secretary shall initiate a rulemaking proceeding to address such recommendation not later than the 90th day following the date of submission of the report under paragraph (4). (6) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $1,000,000 in fiscal year 2004 to carry out this subsection. (7) Applicability of title 23.--Funds made available to carry out this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the study under this subsection shall be 100 percent and such funds shall remain available until expended. SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a real-time system management information program to provide, in all States, the capability to monitor, in real-time, the traffic and travel conditions of the Nation's major highways and to share that information to improve the security of the surface transportation system, to address congestion problems, to support improved response to weather events and surface transportation incidents, and to facilitate national and regional highway traveler information. (2) Purposes.--The purposes of the real-time system management information program are to-- (A) establish, in all States, a system of basic real-time information for managing and operating the surface transportation system; (B) identify longer range real-time highway and transit monitoring needs and develop plans and strategies for meeting such needs; and (C) provide the capability and means to share that data with State and local governments and the traveling public. (b) National Steering Committee.-- (1) In general.--The Secretary shall establish a national steering committee to assist in the development of data exchange formats under subsection (c). (2) Representatives.--The national steering committee shall consist of representatives of State transportation departments, metropolitan planning organizations, local governments, nonprofit entities, the private sector, and academia. (3) Purpose.--The purpose of the national steering committee shall be to provide guidance regarding the content and uniformity of data exchange formats. (c) Data Exchange Formats.--Not later than 2 years after the date of enactment of this Act, the Secretary shall establish data exchange formats based on recommendations of the steering committee established under subsection (b) to ensure that the data provided by highway and transit monitoring systems, including statewide incident reporting systems, can readily be exchanged across jurisdictional boundaries, facilitating nationwide availability of information. [[Page 6098]] (d) Regional Intelligent Transportation System Architecture.-- (1) Addressing information needs.--As State and local governments develop or update regional intelligent transportation system architectures, described in section 940.9 of title 23, Code of Federal Regulations, such governments shall explicitly address real-time highway and transit information needs and the systems needed to meet such needs, including addressing coverage, monitoring systems, data fusion and archiving, and methods of exchanging or sharing highway and transit information. (2) Data exchange.--States shall incorporate the data exchange formats established by the Secretary under subsection (c) to ensure that the data provided by highway and transit monitoring systems may readily be exchanged with State and local governments and may be made available to the traveling public. (e) Eligibility.--Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under sections 104(b)(1), 104(b)(2), and 104(b)(3) of title 23, United States Code, for activities related to the planning and deployment of real-time monitoring elements that advance the goals and purposes described in subsection (a). (f) Limitation on Statutory Construction.--Nothing in this section shall be construed as altering or otherwise affecting the applicability of the requirements of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and the Federal-share payable on account of the project), to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for activities and projects under this section. (g) Statewide Incident Reporting System Defined.--In this section, the term ``statewide incident reporting system'' means a statewide system for facilitating the real-time electronic reporting of surface transportation incidents to a central location for use in monitoring the event, providing accurate traveler information, and responding to the incident as appropriate. SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROGRAM. (a) Establishment.--The Secretary shall establish a comprehensive program to accelerate the integration, interoperability, and deployment of intelligent transportation systems in order to improve the performance of the surface transportation system in metropolitan and rural areas. (b) Selection of Model Projects.--Under the program, the Secretary may make grants, through competitive solicitation, for projects that will serve as models to improve transportation efficiency, promote surface transportation safety (including safe freight movement), increase traffic flow (including the flow of intermodal travel at ports of entry), reduce emissions of air pollutants, improve traveler information, enhance alternative transportation modes, build on existing intelligent transportation system projects, and promote tourism. (c) Other Projects, Programs, and Activities.--Under the program, the Secretary may make grants for projects, programs, and activities in metropolitan and rural areas that-- (1) contribute to national deployment goals and objectives outlined in the national intelligent transportation system program plan; (2) promote cooperation among agencies, jurisdictions, and the private sector, as evidenced by signed memoranda of understanding that clearly define the responsibilities and relations of all parties to a partnership arrangement, including institutional relationships and financial agreements needed to support deployment of intelligent transportation systems; (3) encourage private sector involvement and financial commitment to such deployment to the maximum extent practicable through innovative financial arrangements, especially public-private partnerships, including arrangements that generate revenue to offset public investment costs; (4) enhance fully integrated intelligent transportation system deployment; (5) create technical capacity for effective operations and maintenance of such systems; (6) improve safety, mobility, geographic and regional diversity, and economic development in deployment of such systems; (7) advance deployment of the 511 traveler information program; and (8) advance deployment of other national systems, including a statewide incident reporting system, wireless e-911 system, and road weather information system. (d) Applicability of Title 23, United States Code.--Funds authorized to be appropriated under section 1101(a)(16) of this Act shall be available for obligation to carry out subsection (c)(7) in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of projects carried out under subsection (c)(7) shall be 80 percent and such funds shall remain available until expended. SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT. (a) Purpose.--The purpose of this section is to ensure that a minimum of $3,000,000,000 of the amounts authorized to be appropriated for the National Highway System, Interstate maintenance, surface transportation, and congestion mitigation and air quality improvement programs for fiscal years 2004 through 2009 is utilized to expand deployment of intelligent transportation systems. (b) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following: ``Sec. 150. Deployment of intelligent transportation systems ``(a) In General.--In each of fiscal years 2004 through 2009, each State shall obligate a portion of the funds apportioned to the State under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for such fiscal year, calculated under subsection (b), for projects described in subsection (c) that support deployment of intelligent transportation systems in the State. ``(b) Calculation of Amount.--The portion of a State's apportionments to be obligated under subsection (a) for projects described in subsection (c) in a fiscal year shall be determined by multiplying $500,000,000 by the ratio that-- ``(1) the aggregate of amounts apportioned to the State for such fiscal year under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); bears to ``(2) the aggregate of amounts apportioned to all States for such fiscal year under such sections. ``(c) Intelligent Transportation Systems Deployment Projects.--Projects for which funds must be obligated under this section include the following: ``(1) Performance.--Establishment and implementation of operations systems and services that improve performance in the areas of traffic operations, emergency response to surface transportation incidents, surface transportation incident management, weather event response management by State and local authorities, surface transportation network and facility management, construction and work zone management, and traffic flow information. ``(2) Networks.--Conducting activities that support the creation of networks that link metropolitan and rural surface transportation systems into an integrated data network, capable of collecting, sharing, and archiving transportation system traffic condition and performance information. ``(3) Safety.--Implementation of intelligent transportation system technologies that improve highway safety through linkages connecting the vehicle, the infrastructure, and information to the driver. ``(4) Operation and management.--Provision of services necessary to ensure the efficient operation and management of intelligent transportation systems infrastructure, including costs associated with communications, utilities, rent, hardware, software, labor, administrative costs, training, and technical services. ``(5) Interagency support.--Provision of support for institutional relationships between transportation agencies, police, emergency medical services, private emergency operators, freight operators, and shippers. ``(6) Planning.--Conducting cross-jurisdictional planning and deployment of regional transportation systems operations and management approaches. ``(d) Obligation of Amounts.-- ``(1) In general.--In complying with the requirements of this section, the amounts obligated by a State for projects under subsection (c) that support deployment of intelligent transportation systems in such State under subsection (a) shall be allocated among the individual programs for which funds are apportioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4). ``(2) Limitation on statutory construction.--Nothing in this subsection shall be construed as requiring a State to obligate proportional or equal amounts under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief activity under this section. ``(e) Limitation on Statutory Construction.--Nothing in this section shall be construed as altering or otherwise affecting the applicability of the requirements of this chapter (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and the Federal-share payable on account of the project) to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for projects under this section. ``(f) Joint Responsibility.--Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with this section.''. (c) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 149 the following: ``150. Deployment of intelligent transportation systems.''. SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT DEPLOYMENT OF INTELLIGENT TRANSPORTATION SYSTEMS. (a) Categorical Exclusions.--Not later than one year after the date of enactment of this Act, the Secretary shall initiate a rulemaking process to establish, to the extent appropriate, categorical exclusions for activities that support the deployment of intelligent transportation infrastructure and systems from the requirement that an environmental assessment or an environmental impact statement be prepared under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (42 U.S.C. 4332) in compliance with the standards for categorical exclusions established by that Act. (b) Nationwide Programmatic Agreement.-- (1) Development.--The Secretary shall develop a nationwide programmatic agreement governing the review of activities that support [[Page 6099]] the deployment of intelligent transportation infrastructure and systems in accordance with section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and the regulations of the Advisory Council on Historic Preservation. (2) Consultation.--The Secretary shall develop the agreement under paragraph (1) in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation established under title II of the National Historic Preservation Act (26 U.S.C. 470i et seq.) and after soliciting the views of other interested parties (c) Intelligent Transportation Infrastructure and Systems Defined.--In this section, the term ``intelligent transportation infrastructure and systems'' means intelligent transportation infrastructure and intelligent transportation systems, as such terms are defined in section 5607. SEC. 1207. ASSUMPTION OF RESPONSIBILITY FOR CERTAIN PROGRAMS AND PROJECTS. [Reserved.] SEC. 1208. HOV FACILITIES. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. HOV facilities ``(a) In General.-- ``(1) Authority of state agencies.--A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. ``(2) Occupancy requirement.--Except as otherwise provided by this section, no fewer than 2 occupants per vehicle may be required for use of a HOV facility. ``(b) Exceptions.--Notwithstanding the occupancy requirements of subsection (a)(2), the following exceptions shall apply with respect to a State agency operating a HOV facility: ``(1) Motorcycles and bicycles.---- ``(A) In general.--Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility. ``(B) Safety exception.--A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment. ``(2) Public transportation vehicles.--The State agency may allow public transportation vehicles to use the HOV facility if the agency-- ``(A) establishes requirements for clearly identifying the vehicles; and ``(B) establishes procedures for enforcing the restrictions on the use of the facility by such vehicles. ``(3) High occupancy toll vehicles.--The State agency may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of such vehicles pay a toll charged by the agency for use of the facility and the agency-- ``(A) establishes a program that addresses how motorists can enroll and participate in the toll program; ``(B) develops, manages, and maintains a system that will automatically collect the toll; and ``(C) establishes policies and procedures to-- ``(i) manage the demand to use the facility by varying the toll amount that is charged; ``(ii) enforce violations of use of the facility; and ``(iii) permit low-income individuals to pay reduced tolls. ``(4) Low emission and energy-efficient vehicles.-- ``(A) Inherently low-emission vehicle.--Before September 30, 2009, the State agency may allow vehicles that are certified as inherently low-emission vehicles pursuant to section 88.311-93 of title 40, Code of Federal Regulations, and are labeled in accordance with section 88.312-93 of such title, to use the HOV facility if the agency establishes procedures for enforcing the restrictions on the use of the facility by such vehicles. ``(B) Other low emission and energy-efficient vehicles.-- Before September 30, 2009, the State agency may allow vehicles certified as low emission and energy-efficient vehicles under subsection (e), and labeled in accordance with subsection (e), to use the HOV facility if the operators of such vehicles pay a toll charged by the agency for use of the facility and the agency-- ``(i) establishes a program that addresses the selection of vehicles under this paragraph; and ``(ii) establishes procedures for enforcing the restrictions on the use of the facility by such vehicles. ``(C) Amount of tolls.--Tolls charged under subparagraph (B) may be less than tolls charged under paragraph (3). ``(c) Requirements Applicable to Tolls.---- ``(1) In general.--Tolls may be charged under subsections (b)(3) and (b)(4) notwithstanding section 301 and, except as provided in paragraphs (2) and (3), subject to the requirements of section 129. ``(2) HOV facilities on the interstate system.-- Notwithstanding section 129, tolls may be charged under subsections (b)(3) and (b)(4) on a HOV facility on the Interstate System. ``(3) Excess toll revenues.--If a State agency makes a certification under the last sentence of section 129(a)(3) with respect to toll revenues collected under under subsections (b)(3) and (b)(4), the State, in the use of tolls revenues under that sentence, shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. ``(d) HOV Facility Management, Operation, Monitoring, and Enforcement.-- ``(1) In general.--A State agency that allows vehicles to use a HOV facility under subsection (b)(3) or (b)(4) in a fiscal year shall certify to the Secretary that the agency will carry out the following responsibilities with respect to the facility in the fiscal year: ``(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the facility that provides for continuous monitoring, assessment, and reporting on the impacts that such vehicles may have on the operation of the facility and adjacent highways. ``(B) Establishing, managing, and supporting an enforcement program that ensures that the facility is being operated in accordance with the requirements of this section. ``(C) Limiting or discontinuing the use of the facility by such vehicles if the presence of such vehicles has degraded the operation of the facility. ``(2) Degraded facility.---- ``(A) In general.--For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 6-month period during morning or evening weekday peak hour periods (or both). ``(B) Minimum average operating speed defined.--In subparagraph (A), the term `minimum average operating speed' means-- ``(i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and ``(ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a speed limit of less than 50 miles per hour. ``(e) Certification of Low Emission and Energy-Efficient Vehicles.--Not later than 6 months after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall issue a final rule establishing requirements for certification of vehicles as low emission and energy-efficient vehicles for purposes of this section and requirements for the labeling of such vehicles. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Alternative fuel vehicle.--The term `alternative fuel vehicle' means a vehicle that operates on-- ``(A) methanol, denatured ethanol, or other alcohols; ``(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; ``(C) natural gas; ``(D) liquefied petroleum gas; ``(E) hydrogen; ``(F) coal derived liquid fuels; ``(G) fuels (except alcohol) derived from biological materials; ``(H) electricity (including electricity from solar energy); or ``(I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits. ``(2) HOV facility.--The term `HOV facility' means a high occupancy vehicle facility. ``(3) Low emission and energy efficient vehicle.--The term `low emission and energy-efficient vehicle' means a vehicle that-- ``(A) has been certified by the Administrator of the Environmental Protection Agency as meeting the Tier II emission level established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for that make and model year vehicle; and ``(B)(i) has been certified by the Administrator to have a 45-mile-per-gallon or greater fuel economy highway rating; or ``(ii) is an alternative fuel vehicle. ``(4) Public transportation vehicle.--The term `public transportation vehicle' means a vehicle that provides public transportation (as defined in section 5302(a) of title 49). ``(5) State agency.--The term `State agency', as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility and includes a State transportation department.''. (b) Conforming Amendments.-- (1) Program efficiencies.--Section 102 of title 23, United States Code, is amended by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (2) Chapter analysis.--The analysis for subchapter I of chapter 1 of such title is amended by adding at the end the following: ``167. HOV facilities.''. (c) Technical Amendment.--Section 102(c) of title 23, United States Code, is amended by striking ``10 years'' and all that follows through ``after'' and inserting ``10 years (or such longer period as the State requests and the Secretary determines to be reasonable) after''. SEC. 1209. CONGESTION PRICING PILOT PROGRAM. (a) Establishment.--Section 1012(b)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended to read as follows: ``(1) Establishment.-- ``(A) In general.--The Secretary may enter into cooperative agreements with State and local [[Page 6100]] governments to carry out not more than 25 congestion pricing pilot projects. ``(B) Previously approved projects.--Projects carried out under paragraph (1) shall include each project approved under this subsection before the date of enactment of the Transportation Equity Act: A Legacy for Users and under which highway tolls are being collected as of such date of enactment.''. (b) Low-Income Drivers.--Section 1012(b)(7) of such Act (23 U.S.C. 149 note) is amended to read as follows: ``(7) Reduced tolls for low-income drivers.--Any congestion pricing pilot project carried out under this subsection that involves the collection of highway tolls shall include a program to permit low-income drivers to pay a reduced toll amount.''. (c) Set-Aside for Projects not Involving Highway Tolls.--At the end of section 1012(b)(8) of such Act (23 U.S.C. 149 note), add the following: ``(D) Set-aside for projects not involving highway tolls.-- Of the amounts made available to carry out this subsection, $3,000,000 per fiscal year shall be available only for congestion pricing pilot projects that do not involve highway tolls.''. (d) Conforming Amendments.--Section 1012(b) of such Act (23 U.S.C. 149 note) is amended-- (1) in the subsection heading by striking ``Value Pricing'' and inserting ``Congestion Pricing''; (2) in paragraph (2)-- (A) by striking ``(2) Notwithstanding'' and inserting the following: ``(2) Federal share; eligible costs.--Notwithstanding''; (B) in the first sentence by striking ``programs'' and inserting ``projects''; and (C) in the second sentence by striking ``program'' and inserting ``project''; (3) in paragraph (3) by striking ``(3) Revenues'' and inserting the following: ``(3) Use of revenues.--Revenues''; (4) in paragraph (4)-- (A) by striking ``(4) Notwithstanding'' and inserting the following: ``(4) Use of tolls on interstate system.-- Notwithstanding''; (B) by striking ``value pricing pilot program'' and inserting ``congestion pricing pilot project''; (5) in paragraph (5)-- (A) by striking ``(5) The Secretary'' and inserting the following: ``(5) Monitoring.--The Secretary''; and (B) by striking ``programs'' the first and second place it appears and inserting ``projects''; and (6) in paragraph (6) by striking ``value pricing pilot program'' and inserting ``congestion pricing pilot project''. (e) Port Huron, Michigan.---- (1) Traffic study.--There is authorized to be appropriated to the Secretary $100,000 for a traffic study to be conducted in Port Huron, Michigan, in connection with economic development that may result from the implementation of the agreement of the State of Michigan resolving a title dispute concerning certain property, executed on August 23, 2002, and filed with the Michigan department of State on September 20, 2002. (2) Ratification of agreement.--The agreement is hereby ratified. (3) Treatment of certain lands.--The alternative lands described in the agreement shall be treated as meeting the requirements of section 20(b)(1)(B)(i) of Public Law 100-497 (25 U.S.C. 2719(b)(1)(B)(i)). (4) Trust.--The Secretary of the Interior shall take the alternative lands into trust for the benefit of the non-State party within 60 days of the non-State party's acquisition of the land described in section 4 of the agreement. (5) Extinguishment of claim.--Upon implementation, the claim to the lands of the non-State party described in section 1 of the agreement is hereby extinguished. (f) Romulus, Michigan.-- (1) Traffic study.--There is authorized to be appropriated to the Secretary $100,000 for a traffic study to be conducted in Romulus, Michigan, in connection with economic development that may result from the implementation of the agreement of the State of Michigan resolving a title dispute concerning certain property, executed on December 30, 2002, and filed with the Michigan department of state on December 30, 2002. (2) Ratification of agreement.--The agreement is hereby ratified. (3) Treatment of certain lands.--The alternative lands described in the agreement are deemed to meet the requirements of section 20(b)(1)(B)(i) of Public Law 100-497 (25 U.S.C. 2719(b)(1)(B)(i)). (4) Trust.--The Secretary of the Interior shall take the alternative lands into trust for the benefit of the non-State party within 60 days of the non-State party's acquisition of the land described in section 4(B)(ii) of the agreement, the non-State party having exercised its options under the agreement to so limit its alternative lands. (5) Extinguishment of claim.--Upon implementation, the claim to the lands of the non-State party described in section 1 of the agreement is hereby extinguished. Subtitle C--Mobility and Efficiency SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM. (a) in General.--The Secretary shall establish and implement a program to make allocations to States for highway construction projects in corridors of national significance to promote economic growth and international or interregional trade pursuant to the selection factors provided in this section. A State must submit an application to the Secretary in order to receive an allocation under this section. (b) Selection Process.-- (1) Priority.--In the selection process under this section, the Secretary shall give priority to projects in corridors that are a part of, or will be designated as part of, the Dwight D. Eisenhower National System of Interstate and Defense Highways after completion of the work described in the application received by the Secretary and to any project that will be completed within 5 years of the date of the allocation of funds for the project. (2) Selection factors.--In making allocations under this section, the Secretary shall consider the following factors: (A) The extent to which the corridor provides a link between 2 existing segments of the Interstate System. (B) The extent to which the project will facilitate major multistate or regional mobility and economic growth and development in areas underserved by existing highway infrastructure. (C) The extent to which commercial vehicle traffic in the corridor-- (i) has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (16 U.S.C. 4401 et seq.); and (ii) is projected to increase in the future. (D) The extent to which international truck-borne commodities move through the corridor. (E) The extent to which the project will make improvements to an existing segment of the Interstate System that will result in a decrease in congestion. (F) The reduction in commercial and other travel time through a major freight corridor expected as a result of the project. (G) The value of the cargo carried by commercial vehicle traffic in the corridor and the economic costs arising from congestion in the corridor. (H) The extent of leveraging of Federal funds provided to carry out this section, including-- (i) use of innovative financing; (ii) combination with funding provided under other sections of this Act and title 23, United States Code; and (iii) combination with other sources of Federal, State, local, or private funding. (c) Period of Availability.--Funds allocated for a project to a State under this section shall remain available for obligation in that State until 6 months from the day on which they are allocated. Sums not obligated within 6 months of the day on which they are allocated shall be available to the Secretary to be allocated for other projects eligible under this section. (d) Federal Share.--The Federal share of the cost of a project under this section shall be determined in accordance with section 120(b) of title 23, United States Code. (e) Applicability of Title 23.--Except as provided in subsections (c) and (d), funds made available by section 1101(a)(10) of this Act to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. (f) State Defined.--In this section, the term ``State'' has the meaning such term has under section 101 of title 23, United States Code. SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PROGRAM. (a) General Authority.--The Secretary shall implement a coordinated border infrastructure program under which the Secretary shall distribute funds to border States to improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico. (b) Eligible Uses.--A State may use funds apportioned under this section only for-- (1) improvements in a border region to existing transportation and supporting infrastructure that facilitate cross-border motor vehicle and cargo movements; (2) construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade; (3) operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross border motor vehicle and cargo movement; (4) modifications to regulatory procedures to expedite safe and efficient cross border motor vehicle and cargo movements; and (5) international coordination of transportation planning, programming, and border operation with Canada and Mexico relating to expediting cross border motor vehicle and cargo movements. (c) Apportionment of Funds.--On October 1 of each fiscal year, the Secretary shall apportion among border States sums authorized to be appropriated to carry out this section for such fiscal year as follows: (1) 20 percent in the ratio that-- (A) the total number of incoming commercial trucks that pass through the land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to (B) the total number of incoming commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. (2) 30 percent in the ratio that-- (A) the total number of incoming personal motor vehicles and incoming buses that pass [[Page 6101]] through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to (B) the total number of incoming personal motor vehicles and incoming buses that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. (3) 25 percent in the ratio that-- (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to (B) the total weight of incoming cargo by commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary. (4) 25 percent of the ratio that-- (A) the total number of land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to (B) the total number of land border ports of entry within the boundaries of all the border States, as determined by the Secretary. (d) Applicability of Title 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended and the Federal share of the cost of a project under this section shall be 80 percent. (e) Definitions.--In this section, the following definitions apply: (1) Border region.--The term ``border region'' means any portion of a border State within 20 miles of an international land border with Canada or Mexico. (2) Border state.--The term ``border State'' means any State that has an international land border with Canada or Mexico. (3) Commercial truck.--The term ``commercial truck'' means a commercial motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code. (4) Motor vehicle.--The term ``motor vehicle'' has the meaning such term has under section 101(a) of title 23, United States Code. (5) State.--The term ``State'' has the meaning such term has in section 101(a) of such title 23. SEC. 1303. FREIGHT INTERMODAL CONNECTORS. (a) In General.-- (1) Establishment.--The Secretary shall establish a freight intermodal connector program to improve productivity and improve the efficiency of the transportation of freight, while mitigating congestion in the area of freight intermodal connectors. (2) Purposes.--The purposes of the program shall be-- (A) to facilitate and support intermodal freight transportation initiatives at the State and local levels in order to improve freight intermodal connectors and mitigate the impact of congestion in the area of such connectors; and (B) to provide capital funding to address infrastructure and freight operational needs at freight intermodal connectors. (b) State Responsibilities.--Under the program, each State shall ensure that intermodal freight transportation and trade facilitation and are adequately addressed integrated into the project development process, including transportation planning, through final design and construction of freight related transportation projects. (c) Eligible Projects.-- (1) In general.--Projects eligible for funding under this section may include the construction of and improvements to publicly owned freight intermodal connectors, the provision of access to such connectors, and operational improvements for such connectors (including capital investment for intelligent transportation systems); except that a project located within the boundaries of an intermodal freight facility shall only include highway infrastructure modifications necessary to facilitate direct intermodal access between the connector and the facility. (2) Special rule.--If a State that does not have any freight intermodal connectors within its boundaries or has only freight intermodal connectors within its boundaries that are in good condition and provide an adequate level of service, projects within the boundaries of the State that are eligible for assistance under section 103(b)(6) of title 23, United States Code, relating to the National Highway System, shall be eligible for funding under this section. (d) Priority.--Under the program, a State shall give priority to projects on freight intermodal connectors to the National Highway System as identified according to the criteria set forth in the report of the Department of Transportation to Congress entitled ``Pulling Together: The NHS and its Connections to Major Intermodal Terminals''. (e) Apportionment.--On October 1 of each fiscal year, the Secretary shall apportion among the States sums made available to carry out this section for such fiscal year as follows: (1) 33.3 percent in the ratio that-- (A) the number of freight intermodal connectors identified in the most recent Intermodal Freight Connectors study of the Federal Highway Administration within the boundaries of a State; bears to (B) the total number of such connectors within the boundaries of all the States. (2) 33.3 percent in the ratio that-- (A) the total of each State's annual contributions to the Highway Trust Fund (other than the Mass Transit Account) attributable to commercial motor vehicles; bears to (B) the total of such annual contributions by all States. (3) 33.4 percent in the same ratios as funds are apportioned for the National Highway System under clauses (i), (ii), (iii), and (iv) of section 104(b)(1)(A) of title 23, United States Code. (f) Applicability of Title 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended and the Federal share of the cost of a project under this section shall be 80 percent. (g) Update Report.--Not later than August 1, 2005, the Secretary shall publish an update to the report entitled ``Pulling Together: the National Highway System and its Connections to Major Intermodal Terminals''. (h) Definitions.--In this section, the following definitions apply: (1) Freight intermodal connectors.--The term ``freight intermodal connector'' means the roadway that connects to an intermodal freight facility that carries or will carry intermodal traffic. (2) Intermodal freight facility.--The term ``intermodal freight facility'' means a port, airport, truck-rail terminal, and pipeline-truck terminal. (3) State.--The term ``State'' has the meaning such term has in section 101(a) of title 23, United States Code. SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE. (a) Findings.--Congress finds the following: (1) Under current law, surface transportation programs rely primarily on formula capital apportionments to States. (2) Despite the significant increase for surface transportation program funding in the Transportation Equity Act of the 21st Century, current levels of investment are insufficient to fund critical high-cost transportation infrastructure facilities that address critical national economic and transportation needs. (3) Critical high-cost transportation infrastructure facilities often include multiple levels of government, agencies, modes of transportation, and transportation goals and planning processes that are not easily addressed or funded within existing surface transportation program categories. (4) Projects of national and regional significance have national and regional benefits, including improving economic productivity by facilitating international trade, relieving congestion, and improving transportation safety by facilitating passenger and freight movement. (5) The benefits of such projects described in paragraph (4) accrue to local areas, States, and the Nation as a result of the effect such projects have on the national transportation system. (6) A program dedicated to constructing projects of national and regional significance is necessary to improve the safe, secure, and efficient movement of people and goods throughout the United States and improve the health and welfare of the national economy. (b) Establishment of Program.--The Secretary shall establish a program to provide grants to qualified entities for projects of national and regional significance. (c) Definitions.-- (1) Eligible project costs.--The term ``eligible project costs'' means the costs of-- (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (B) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. (2) Eligible project.--The term ``eligible project'' means any surface transportation project eligible for Federal assistance under title 23, United States Code, including freight railroad projects and activities eligible under such title. (3) Qualified entity.--The term ``qualified entity'' means a State as defined in section 101(a) of title 23, United States Code. (d) Eligibility.--To be eligible for assistance under this section, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- (1) $500,000,000; or (2) 75 percent of the amount of Federal highway assistance funds apportioned for the most recently completed fiscal year to the State in which the project is located. (e) Applications.--Each qualified entity seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish. (f) Competitive Grant Selection and Criteria for Grants.-- (1) In general.--The Secretary shall-- (A) establish criteria for selecting among projects that meet the eligibility criteria specified in subsection (d); (B) conduct a national solicitation for applications; and (C) award grants on a competitive basis. (2) Criteria for grants.--The Secretary may approve a grant under this section for a project only if the Secretary determines that the project-- (A) is based on the results of preliminary engineering; [[Page 6102]] (B) is justified based on the project's ability-- (i) to generate national economic benefits, including creating jobs, expanding business opportunities, and impacting the gross domestic product; (ii) to reduce congestion, including impacts in the State, region, and Nation; (iii) to improve transportation safety, including reducing transportation accidents, injuries, and fatalities; (iv) to otherwise enhance the national transportation system; and (v) to garner support for non-Federal financial commitments and provide evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility; and (C) is supported by an acceptable degree of non-Federal financial commitments, including evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility. (3) Selection considerations.--In selecting a project under this section, the Secretary shall consider the extent to which the project-- (A) leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships; (B) uses new technologies, including intelligent transportation systems, that enhance the efficiency of the project. (C) helps maintain or protect the environment. (4) Preliminary engineering.--In evaluating a project under paragraph (2)(A), the Secretary shall analyze and consider the results of preliminary engineering for the project. (5) Non-federal financial commitment.-- (A) Evaluation of project.--In evaluating a project under paragraph (2)(C), the Secretary shall require that-- (i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases; and (ii) each proposed non-Federal source of capital and operating financing is stable, reliable, and available within the proposed project timetable. (B) Considerations.--In assessing the stability, reliability, and availability of proposed sources of non- Federal financing under subparagraph (A), the Secretary shall consider-- (i) existing financial commitments; (ii) the degree to which financing sources are dedicated to the purposes proposed; (iii) any debt obligation that exists or is proposed by the recipient for the proposed project; and (iv) the extent to which the project has a non-Federal financial commitment that exceeds the required non-Federal share of the cost of the project. (6) Regulations.--Not later than 120 days after the date of enactment of this Act, the Secretary shall issue regulations on the manner in which the Secretary will evaluate and rate the projects based on the results of preliminary engineering, project justification, and the degree of non-Federal financial commitment, as required under this subsection. (7) Project evaluation and rating.--A proposed project may advance from preliminary engineering to final design and construction only if the Secretary finds that the project meets the requirements of this subsection and there is a reasonable likelihood that the project will continue to meet such requirements. In making such findings, the Secretary shall evaluate and rate the project as ``highly recommended'', ``recommended'', or ``not recommended'' based on the results of preliminary engineering, the project justification criteria, and the degree of non-Federal financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established under the regulations issued under paragraph (6). (g) Letters of Intent and Full Funding Grant Agreements.-- (1) Letter of intent.-- (A) In general.--The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. (B) Notification.--At least 60 days before issuing a letter under subparagraph (A) or entering into a full funding grant agreement, the Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project. (C) Not an obligation.--The issuance of a letter is deemed not to be an obligation under sections 1108(c) and (d), 1501, and 1502(a) of title 31, United States Code, or an administrative commitment. (D) Obligation or commitment.--An obligation or administrative commitment may be made only when contract authority is allocated to a project. (2) Full funding grant agreement.-- (A) In general.--A project financed under this subsection shall be carried out through a full funding grant agreement. The Secretary shall enter into a full funding grant agreement based on the evaluations and ratings required under subsection (f)(7). (B) Terms.--If the Secretary makes a full funding grant agreement with an applicant, the agreement shall-- (i) establish the terms of participation by the United States Government in a project under this section; (ii) establish the maximum amount of Government financial assistance for the project; (iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and (iv) make timely and efficient management of the project easier according to the laws of the United States. (C) Agreement.--An agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. The agreement shall state that the contingent commitment is not an obligation of the Government. Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. (3) Amounts.--The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent and full funding grant agreements may be not more than the greater of the amount authorized to carry out this section or an amount equivalent to the last 2 fiscal years of funding authorized to carry out this section less an amount the Secretary reasonably estimates is necessary for grants under this section not covered by a letter. The total amount covered by new letters and contingent commitments included in full funding grant agreements may be not more than a limitation specified in law. (h) Grant Requirements.-- (1) In general.--A grant for a project under this section shall be subject to all of the requirements of title 23, United States Code, and chapter 52 of title 49, United States Code. (2) Other terms and conditions.--The Secretary shall require that all grants under this section be subject to all terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section. (i) Government's Share of Project Cost.--Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the cost of a project receiving assistance under this section. A grant for the project is for 80 percent of the project cost, unless the grant recipient requests a lower grant percentage. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time. (j) Fiscal Capacity Considerations.--If the Secretary gives priority consideration to financing projects that include more than the non-Government share required under subsection (i) the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments. (k) Reports.-- (1) Annual report.--Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes a proposal on the allocation of amounts to be made available to finance grants under this section. (2) Recommendations on funding.--The annual report under this paragraph shall include evaluations and ratings, as required under subsection (f). The report shall also include recommendations of projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years and for the next 10 fiscal years based on information currently available to the Secretary. (l) Applicability of Title 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended and the Federal share of the cost of a project under this section shall be as provided in this section. SEC. 1305. DEDICATED TRUCK LANES. (a) In General.--The Secretary shall establish and implement a pilot program to make allocations to States for the construction of projects that separate commercial truck traffic from other motor vehicle traffic. A State must submit an application to the Secretary in order to receive an allocation under this section. (b) Selection Process.-- (1) Priority.--In the selection process under this section, the Secretary shall give priority to projects that provide additional capacity. (2) Selection factors.--In making allocations under this section, the Secretary shall consider the following factors: [[Page 6103]] (A) The extent to which the project will improve the safe and efficient movement of freight. (B) The extent to which the project provides positive separation of commercial trucks from other motor vehicle traffic. (C) The extent to which the project connects an intermodal freight facility or an international port of entry to the Dwight D. Eisenhower National System of Interstate and Defense Highways by providing limited access lanes that allow commercial truck traffic to enter the Interstate System at the posted speed limit. (D) The extent to which the project will remove truck traffic from surface streets. (E) The extent to which travel time is expected to be reduced as a result of the proposed project. (F) The extent of leveraging of Federal funds provided to carry out this section, including-- (i) use of innovative financing; (ii) combination with funding provided under other sections of this Act and title 23, United States Code; and (iii) combination with other sources of Federal, State, local, or private funding. (c) Federal Share.--The Federal share of the cost of a project under this section shall be determined in accordance with section 120(b) of title 23, United States Code. (d) Applicability of Title 23.--Except as provided in subsection (d), funds made available by section 1101(a)(22) of this Act to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. (e) Definitions.--In this section the following definitions apply: (1) Commercial truck.--The term ``commercial truck'' means a self-propelled or towed vehicle used on highways in commerce principally to transport cargo if the vehicle has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater. (2) State.--The term ``State'' has the meaning such term has under section 101 of title 23, United States Code. SEC. 1306. TRUCK PARKING FACILITIES. (a) 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 commercial motor vehicles on the National Highway System. (b) Allocation of Funds.-- (1) In general.--The Secretary shall allocate funds made available to carry out this section among States, metropolitan planning organizations, and local governments. (2) Applications.--To be eligible for an allocation under this section, a State, metropolitan planning organization, or local government shall submit to the Secretary an application at such time and containing such information as the Secretary may require. (3) Eligible projects.--Funds allocated under this subsection shall be used by the recipient for projects described in an application approved by the Secretary. Such projects shall serve the National Highway System and may include the following: (A) Constructing safety rest areas, as defined in section 120(c) of title 23, United States Code, that include parking for commercial motor vehicles. (B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas. (C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park- and-ride facilities. (D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means. (E) Constructing turnouts along the National Highway System for commercial motor vehicles. (F) Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round. (G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. (4) Priority.--In allocating funds made available to carry out this section, the Secretary shall give priority to applicants that-- (A) demonstrate a severe shortage of commercial motor vehicle parking capacity in the corridor to be addressed; (B) have consulted with affected State and local governments, community groups, private providers of commercial motor vehicle parking, and motorist and trucking organizations; and (C) demonstrate that their proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality. (c) 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 $5,000,000 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 chapter 1 of title 23, United States Code. (d) Report to Congress.--Not later than 5 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the pilot program. (e) Federal Share.--The Federal share of the cost of a project carried out using amounts made available under this section shall be determined in accordance with sections 120(b) and 120(c) of title 23, United States Code. (f) Applicability of Title 23.--Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code. Subtitle D--Highway Safety SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) Safety Improvement Project Defined.--Section 101(a)(30) of title 23, United States Code, is amended by inserting ``installs fluorescent, yellow-green signs at pedestrian or bicycle crossings or school zones,'' after ``call boxes,''. (b) Operation Lifesaver.--Section 104(d)(1) of such title is amended-- (1) by striking ``subsection (b)(3) of this section'' and inserting ``section 130(f)''; and (2) by striking ``$500,000'' and inserting ``$600,000''. (c) Railway-Highway Crossing Hazard Elimination in High Speed Rail Corridors.-- (1) In general.--Section 104(d)(2) of such title is amended-- (A) in subparagraph (A) by striking ``$5,250,000'' and inserting ``$7,500,000 for each of fiscal years 2004 and 2005, $10,000,000 for each of fiscal years 2006 and 2007, and $15,000,000 for each of fiscal years 2008 and 2009''; and (B) in subparagraph (E)-- (i) by striking ``Not less than $250,000 of such set- aside'' and inserting ``Of such set-aside, not less than $875,000 for each of fiscal years 2004 and 2005, $1,500,000 for each of fiscal years 2006 and 2007, and $2,750,000 for each of fiscal years 2008 and 2009''; and (ii) by striking ``per fiscal year''. (2) Designation of corridors.--Of the rail corridors selected by the Secretary in accordance with section 104(d)(2) of title 23, United States Code-- (A) the Northern New England High Speed Rail Corridor is expanded to include the train routes from Boston, Massachusetts, to Albany, New York, and from Springfield, Massachusetts, to New Haven, Connecticut; and (B) the South Central Corridor is expanded to include the train route from Killeen, Texas, to Houston, Texas, via Bryan-College Station. (d) Railway-Highway Crossings.-- (1) Funds for protective devices.--Section 130(e) of such title is amended-- (A) by striking ``At'' and inserting the following: ``(1) In general.--At''; and (B) by adding at the end the following: ``(2) Special rule.--If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway- highway crossings, the State may use funds made available by this subsection for other purposes by this section.''. (2) Apportionment.--Section 130(f) of such title is amended to read as follows: ``(f) Apportionment.-- ``(1) Formula.--Fifty percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A), and 50 percent of such funds shall be apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States. ``(2) Minimum apportionment.--Notwithstanding paragraph (1), each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under paragraph (1). ``(3) Federal share.--The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof.''. (3) Biennial report to congress.--The third sentence of section 130(g) of such title is amended by striking ``not later than April 1 of each year,'' and inserting ``, not later than April 1, 2005, and every 2 years thereafter,''. (4) Expenditure of funds.--Section 130 of such title is further amended by adding at the end the following: ``(k) Expenditure of Funds.--Not more than 2 percent of funds apportioned to a State to carry out this section may be used by the State for compilation and analysis of data in support of activities carried out under subsection (g).''. (e) Surface Transportation Program.-- (1) In general.--Section 133(d) of such title is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and (C) in paragraph (2) (as so redesignated)-- (i) in subparagraph (A) by striking ``80 percent'' and inserting ``90 percent''; (ii) in subparagraph (B) by striking ``tobe'' and inserting ``to be''; and (iii) in subparagraph (D) by adding a period at the end. (2) Conforming amendments.-- (A) Section 133.--Section 133(e) is amended by striking ``(d)(2)'' and inserting ``(d)(1)'' in each of paragraphs (3)(B)(i), (5)(A), and (5)(B). (B) Section 126.--Section 126(b) of such title is amended-- (i) by striking ``to the last sentence of section 133(d)(1) or''; (ii) by striking ``section 133(d)(3)'' and inserting ``section 133(d)(2)''; and (iii) by striking ``or 133(d)(2)''. (f) Hazard Elimination Program.-- (1) Purposes.--Section 152(a)(1) of such title is amended-- (A) by striking ``and'' after ``bicyclists,''; and [[Page 6104]] (B) by inserting after ``pedestrians,'' the following: ``and the disabled, identify roadway safety improvement needs for such locations, sections, and elements,''. (2) Hazards.--Section 152(a)(2)(A) of such title is amended by inserting ``the disabled,'' after ``pedestrians,''. (3) Approval of projects.--Section 152(b) of such title is amended by inserting before the period at the end the following: ``that reduces the likelihood of crashes involving road departures, intersections, pedestrians, the disabled, bicyclists, older drivers, or construction work zones''. (4) Expenditure of funds.--Section 152(c) of such title is amended-- (A) in paragraph (2) by striking ``or'' at the end; (B) in paragraph (3) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(4) police assistance for traffic and speed management in construction work zones; ``(5) installation of barriers between construction work zones and traffic lanes for the safety of motorists and workers; and ``(6) compilation and analysis of data under subsections (f) and (g) if the funds used for this purpose by a State do not exceed 2 percent of the amount apportioned to such State to carry out this section.''. (5) Apportionment.--Section 152(d) of such title is amended to read as follows: ``(d) Apportionment.-- ``(1) Formula.--Funds authorized to be appropriated to carry out this section shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A). ``(2) Minimum apportionment.--Notwithstanding paragraph (1), each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under paragraph (1). ``(3) Federal share.--The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof.''. (6) Biennial report to congress.-- (A) In general.--Section 152 of such title is amended by adding at the end the following: ``(i) Biennial Report to Congress.--Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the program under this section. The report shall include, at a minimum, the following: ``(1) A summary of State projects completed under this section categorized by the types of hazards and a statement of the cost of such projects. ``(2) An analysis of the effectiveness of such categories of projects in reducing the number and severity of crashes at high hazard locations. ``(3) An assessment of the adequacy of authorized funding for the program and State use of such funding to address the national need for such projects. ``(4) Recommendations for funding and program improvements to reduce the number of high hazard locations. ``(5) An analysis and evaluation of each State program, an identification of any State found not to be in compliance with the schedule of improvements required by subsection (a), and recommendations for future implementation of the hazard elimination program.''. (B) Conforming amendment.--Section 152(g) of such title is amended by striking the third sentence through the last sentence. (g) Effective Date.--The amendments made by subsections (d), (e), and (f) shall take effect on September 30, 2004. SEC. 1402. 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 issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them 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 garments. Such regulations may also require such other worker-safety measures for workers with those duties as the Secretary determines appropriate. SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT PROGRAM. (a) Establishment.--The Secretary shall establish and implement a high risk rural road safety improvement program in accordance with this section. (b) Eligible Projects.-- (1) In general.--Except as provided in paragraph (2), a State may obligate funds apportioned to it under this section only for construction and operational improvement projects on high risk rural roads and only if the primary purpose of the project is to improve highway safety on a high risk rural road. (2) Special rule.--A State may use funds apportioned to it under this section for any project approved by the Secretary under section 152 of title 23, United States Code, if the State certifies to the Secretary that it has no projects described in paragraph (1). (c) State Allocation System.--Each State shall establish a system for allocating funds apportioned to it under this section among projects eligible for assistance under this section that have the highest benefits to highway safety. Such system may include a safety management system established by the State under section 303 of title 23, United States Code, or a survey established pursuant to section 152(a) of such title. (d) Apportionment of Funds.--On October 1 of each fiscal year, the Secretary shall apportion among States sums authorized to be appropriated to carry out this section for such fiscal year as follows: (1) \1/3\ in the ratio that-- (A) each State's public road lane mileage for rural minor collectors and rural local roads; bears to (B) the total public road lane mileage for rural minor collectors and rural local roads of all States. (2) \1/3\ in the ratio that-- (A) the population of areas other than urbanized areas in each State, as shown by the most recent Government decennial census of population; bears to (B) the population of all areas other than urbanized areas in the United States, as shown by that census. (3) \1/3\ in the ratio that-- (A) the total vehicle miles traveled on public roads in each State; bears to (B) the total number of vehicle miles traveled on public roads in all States. (e) Applicability of Title 23.--Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended and the Federal share of the cost of a project under this section shall be 80 percent. Notwithstanding any other provision of law, projects assisted under this section shall be treated as projects on a Federal-aid system under such chapter. (f) Definitions.--In this section, the following definitions apply: (1) High risk rural road.--The term ``high risk rural road'' means any roadway functionally classified as a rural major or minor collector or a rural local road-- (A) on which the accident rate for fatalities and incapacitating injuries exceeds the statewide average for these functional classes of roadway; or (B) which will likely have increases in traffic volume that are likely to create an accident rate for fatalities and incapacitating injuries that exceeds the statewide average for these functional classes of roadway. (2) State and urbanized area.--The terms ``State'' and ``urbanized area'' have the meaning such terms have under section 101(a) of title 23, United States Code. SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY PROGRAMS. (a) Use of Safety Belts and Motorcycle Helmets.--Section 153(h) of title 23, United States Code, is amended-- (1) in paragraph (2)-- (A) in the paragraph heading by striking ``Thereafter.--'' and inserting ``Fiscal years 1995-2003.--''; and (B) by inserting ``and ending before October 1, 2003,'' after ``September 30, 1994,''; (2) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; (3) by inserting after paragraph (2) the following: ``(3) Fiscal year 2004 and thereafter.--On October 1, 2003, and each October 1 thereafter, if a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer from the funds apportioned to the State on that date under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 to the apportionment of the State under section 402 an amount equal to 3 percent of the funds apportioned to the State under such subsections for fiscal year 2003.''; and (4) in paragraph (5) (as so redesignated)-- (A) by striking ``which is determined by multiplying'' and inserting ``which, for fiscal year 2004 and each fiscal year thereafter, is determined by multiplying''; and (B) in subparagraph (B) by striking ``such fiscal year'' each place it appears and inserting ``fiscal year 2003''. (b) Open Container Requirements.--Section 154(c) of title 23, United States Code, is amended-- (1) in paragraph (2)-- (A) in the paragraph heading by striking ``and fiscal years thereafter''; and (B) by striking ``and each October 1 thereafter,''; (2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (3) by inserting after paragraph (2) the following: ``(3) Fiscal year 2004 and thereafter.--On October 1, 2003, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer from the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) an amount equal to 3 percent of the funds apportioned to the State under such paragraphs for fiscal year 2003 to be used or directed as described in subparagraph (A) or (B) of paragraph (1).''; (4) in paragraph (5) (as so redesignated) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (5) in paragraphs (4), (5), and (6) (as so redesignated) by striking ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or (3)''; and (6) in paragraph (7)(B) (as so redesignated)-- [[Page 6105]] (A) by striking ``The amount'' and inserting ``For fiscal year 2004 and each fiscal year thereafter, the amount''; and (B) in subclauses (I) and (II) of clause (ii) by striking ``the fiscal year'' and inserting ``fiscal year 2003''. (c) Minimum Penalties for Certain Repeat Offenders.-- Section 164(b) of title 23, United States Code, is amended-- (1) in paragraph (2)-- (A) in the paragraph heading by striking ``and fiscal years thereafter''; and (B) by striking ``and each October 1 thereafter,''; (2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (3) by inserting after paragraph (2) the following: ``(3) Fiscal year 2004 and thereafter.--On October 1, 2003, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer from the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) an amount equal to 3 percent of the funds apportioned to the State under such paragraphs for fiscal year 2003 to be used or directed as described in subparagraph (A) or (B) of paragraph (1).''; (4) in paragraph (5) (as so redesignated) by striking ``paragraph (3)'' and inserting ``paragraph (4)''; (5) in paragraphs (4), (5), and (6) (as so redesignated) by striking ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or (3)''; and (6) in paragraph (7)(B) (as so redesignated)-- (A) by striking ``The amount'' and inserting ``For fiscal year 2004 and each fiscal year thereafter, the amount''; and (B) in subclauses (I) and (II) of clause (ii) by striking ``the fiscal year'' and inserting ``fiscal year 2003''. SEC. 1405. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS. Section 157(g)(1) of title 23, United States Code, is amended by striking ``fiscal year 2003'' and inserting ``each of fiscal years 2003 and 2004''. SEC. 1406. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS. (a) Codification of Penalty.--Section 163 of title 23, United States Code, is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Penalty.-- ``(1) In general.--On October 1, 2003, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold from amounts apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) an amount equal to the amount specified in paragraph (2). ``(2) Amount to be withheld.--If a State is subject to a penalty under paragraph (1), the Secretary shall withhold for a fiscal year from the apportionments of the State described in paragraph (1) an amount equal to a percentage of the funds apportioned to the State under paragraphs (1), (3), and (4) of section 104(b) for fiscal year 2003. The percentage shall be as follows: ``(A) For fiscal year 2004, 2 percent. ``(B) For fiscal year 2005, 4 percent. ``(C) For fiscal year 2006, 6 percent. ``(D) For fiscal year 2007, and each fiscal year thereafter, 8 percent. ``(3) Failure to comply.--If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse.''. (b) Authorization of Appropriations.--Section 163(f)(1) of such title, as redesignated by subsection (a)(1) of this section, is amended by striking ``fiscal year 2003'' and inserting ``each of fiscal years 2003 and 2004''. (c) Repeal.--Section 351 of the Department of Transportation and Related Agencies Appropriations Act, 2001 (23 U.S.C. 163 note; 114 Stat. 1356A-34) is repealed. SEC. 1407. REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED. Section 164(a)(5)(A) of title 23, United States Code, is amended to read as follows: ``(A) receive (i) a driver's license suspension for not less than 1 year, or (ii) a combination of suspension of all driving privileges of an individual for the first 45 days of the suspension period followed by a reinstatement of limited driving privileges for the propose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual;''. Subtitle E--Construction and Contract Efficiencies SEC. 1501. DESIGN-BUILD. (a) Qualified Projects.--Section 112(b)(3)(C) of title 23, United States Code, is amended to read as follows: ``(C) Qualified projects.--A qualified project referred to in subparagraph (A) is a project under this chapter for which the Secretary has approved the use of design-build contracting under criteria specified in regulations issued by the Secretary.''. (b) Experimental Procurement.--Section 112(b)(3) of such title is further amended-- (1) by redesigning subparagraph (D) as subparagraph (G); and (2) by inserting after subparagraph (C) the following: ``(D) Experimental procurement.--As part of any experimental program carried out under this section, the Secretary shall evaluate the use of procurement procedures under this paragraph where subjective evaluation criteria account for the majority of the selection determination. ``(E) Limitation on statutory construction.--Nothing in this section shall be construed as effecting the authority to carry out any experimental program concerning design-build contracting that is being carried out by the Secretary on the date of enactment of this subparagraph. ``(F) Report.--Not later than 3 years after the date of enactment of this subparagraph, the Secretary shall transmit to Congress a report on the effectiveness of design-build contracting procedures in which the majority of the selection determinations are made based on subjective criteria in accordance with subparagraph (D). ''. SEC. 1502. WARRANTY HIGHWAY CONSTRUCTION PROJECT PILOT PROGRAM. (a) In General.--The Secretary shall establish and implement a pilot program designed to encourage States to incorporate warranties in the letting of contracts for highway construction projects. (b) Maximum Number of Projects.--The Secretary may allow not more than 15 projects a year to be carried out under the pilot program. (c) Federal Share.--The Federal share of the costs of a project under the pilot program may not exceed 90 percent. (d) Minimum Project Cost.--The estimated total cost of a project to be carried out under the pilot program must be greater than $15,000,000. (e) Selection Process.--In the selection process for the pilot program, the Secretary shall select, to the extent possible, projects from several different regions of the United States in order to demonstrate the effects that different climates and traffic patterns have on warranty highway construction projects. (f) Rulemaking.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a rule to implement the pilot program. The rule shall include the following factors for eligibility of a highway construction project to be included in the program: (A) A requirement that the contract for the project must include a long-term limited warranty that is of a duration sufficient to ensure that-- (i) the cost to the State of the project that will be carried out is less than the estimated cost to construct the project without the warranty plus the estimated costs that would be incurred by the State and that would otherwise be covered during the proposed warranty period if a warranty were in effect; and (ii) the estimated cost to road users during the warranty period is less than such estimated cost without a warranty. (B) In determining the sufficient duration of a long-term limited warranty under subparagraph (A), the Secretary shall establish separate sufficient durations for different types of projects, such as initial construction, pavement resurfacing and rehabilitation, and pavement markings. (C) A requirement that the limited warranty must address, at a minimum-- (i) the responsibilities of the warranty provider; (ii) the responsibilities of the Department of Transportation; (iii) the terms of the warranty, including duration and, if applicable, traffic volumes and vehicle classification; and (iv) performance criteria to be met to determine if maintenance is required. (2) Factors to consider.--In issuing the rule, the Secretary may consider the following factors as requirements for the warranty contract for eligibility under the pilot program: (A) A plan to account for inflation during the warranty period. (B) The frequency of performance assessments performed. (C) The response time for repairs. (D) A plan for emergency repairs. (E) Clearly set out limits of liability under the warranty, if any. (F) Dispute resolution provisions. (G) A severability provision. (H) Other provisions the Secretary considers necessary for carrying out the program. (g) Savings.--Section 112 of title 23, United States Code, shall apply to the projects carried out under this section unless the Secretary determines that applying such section to such projects is inconsistent with the provisions of this section. (h) Reports.--Not later than 5 years after the date of enactment of this Act and every year thereafter, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report outlining activities carried out under the program and the results of the program. SEC. 1503. PRIVATE INVESTMENT STUDY. (a) Study.--Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences to conduct a comprehensive study of private investment in surface transportation infrastructure. [[Page 6106]] (b) Matters to Be Evaluated.--Under the agreement, the National Academy of Sciences shall evaluate the advantages and disadvantages of private investment in surface transportation infrastructure and the impact of such investment on the ability of State and local authorities to use innovative financing, including-- (1) preconstruction funding requirements; (2) integration of private investment in the transportation planning process; (3) use of toll revenues by State and local authorities; (4) use of toll credits by State and local authorities; (5) requirements for debt financing instruments, reimbursable expenses, and conditions on payments; (6) limitation on fees charged at federally funded fringe and corridor parking facilities; (7) revenues needed to provide a reasonable rate of return to private investors; (8) costs to users of facilities due to imposition of tolls; (9) sales-in-lease-out arrangement of transportation assets; and (10) such other matters as the Secretary considers appropriate. (c) Report.-- (1) To secretary.--Under the agreement, the National Academy of Sciences shall submit to the Secretary a report on the results of the study by such date as the Secretary may require. (2) To congress.--Not later than January 1, 2006, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a copy of the report of the National Academy of Sciences, together with such recommendations as the Secretary considers appropriate. SEC. 1504. HIGHWAYS FOR LIFE PILOT PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish and implement a pilot program to be known as the ``Highways for LIFE pilot program''. (2) Purpose.--The purpose of the pilot program shall be to advance longer-lasting highways using innovative technologies and practices to accomplish the fast construction of efficient and safe highways and bridges. (3) Objectives.--Under the pilot program, the Secretary shall provide leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated performance standards, and new business practices in the highway construction process that result in improved safety, faster construction, reduced congestion from construction, and improved quality and user satisfaction. (b) Projects.-- (1) Applications.--To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that is in such form and contains such information as the Secretary requires. Each application shall contain a description of proposed projects to be carried by the State under the pilot program. (2) Eligibility.--A proposed project shall be eligible for assistance under the pilot program if the project-- (A) constructs, reconstructs, or rehabilitates a route or connection on a Federal-aid highway eligible for assistance under chapter 1 of title 23, United States Code; (B) uses innovative technologies, manufacturing processes, financing, or contracting methods that improve safety, reduce congestion due to construction, and improve quality; and (C) meets additional criteria as determined by the Secretary. (3) Project proposal.--A project proposal submitted under paragraph (1) shall contain-- (A) an identification and description of the projects to be delivered; (B) a description of how the projects will result in improved safety, faster construction, reduced congestion due to construction, user satisfaction, and improved quality; (C) a description of the innovative technologies, manufacturing processes, financing, and contracting methods that will be used for the proposed projects; and (D) such other information as the Secretary may require. (4) Selection criteria.--In selecting projects for approval under this section, the Secretary shall ensure that the projects provide an evaluation of a broad range of technologies in a wide variety of project types and shall give priority to the projects that-- (A) address achieving the Highways for LIFE performance standards for quality, safety, and speed of construction; (B) deliver and deploy innovative technologies, manufacturing processes, financing, contracting practices, and performance measures that will demonstrate substantial improvements in safety, congestion, quality, and cost- effectiveness; (C) include innovation that will lead to change in the administration of the State's transportation program to more quickly construct long-lasting, high-quality, cost-effective projects that improve safety and reduce congestion; (D) are or will be ready for construction within 12 months of approval of the project proposal; and (E) meet such other criteria as the Secretary determines appropriate. (5) Financial assistance.-- (A) Funds for highways for LIFE projects.--Out of amounts made available to carry out this section for a fiscal year, the Secretary may allocate to a State up to 20 percent, but not more than $15,000,000, of the total cost of a project approved under this section. Notwithstanding any other provision of law, funds allocated to a State under this subparagraph may be applied to the non-Federal share of the cost of construction of a project under title 23, United States Code. (B) Use of apportioned funds.--A State may obligate not more than 10 percent of the amount apportioned to the State under 1 or more of paragraphs (1), (2), (3), and (4) of section 104(b) of title 23, United States Code, for a fiscal year for projects approved under this section. (C) Increased federal share.--Notwithstanding sections 120 and 129 of title 23, United States Code, the Federal share payable on account of any project constructed with Federal funds allocated under this section, or apportioned under section 104(b) of such title, to a State under such title and approved under this section may amount to 100 percent of the cost of construction of such project. (D) Limitation on statutory construction.--Except as provided in subparagraph (C), nothing in this subsection shall be construed as altering or otherwise affecting the applicability of the requirements of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program and the location of the project), to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for projects approved under this subsection. (6) Project selections.--In the period of fiscal years 2004 through 2009, the Secretary shall approve at least one project in each State for participation in the pilot program and for financial assistance under paragraph (5) if the State submits an application and the project meets the eligibility requirements and selection criteria under this subsection. (c) Technology Partnerships.-- (1) In general.--The Secretary may make grants or enter into cooperative agreements or other transactions to foster the development, improvement, and creation of innovative technologies and facilities to improve safety, enhance the speed of highway construction, and improve the quality and durability of highways. (2) Federal share.--The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. (d) Technology Transfer and Information Dissemination.-- (1) In general.--The Secretary shall conduct a Highways for LIFE technology transfer program. (2) Availability of information.--The Secretary shall ensure that the information and technology used, developed, or deployed under this subsection is made available to the transportation community and the public. (e) Stakeholder Input and Involvement.--The Secretary shall establish a process for stakeholder input and involvement in the development, implementation, and evaluation of the Highways for LIFE pilot program. The process may include participation by representatives of State departments of transportation and other interested persons. (f) Project Monitoring and Evaluation.--The Secretary shall monitor and evaluate the effectiveness of any activity carried out under this section. (g) Contract Authority.--Funds authorized to be appropriated 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. (h) State Defined.--In this section, the term ``State'' has the meaning such term has under section 101(a) of title 23, United States Code. Subtitle F--Finance SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT. (a) Definitions.--Section 181 of title 23, United States Code, is amended-- (1) in paragraph (3)-- (A) by striking ``category''; and (B) by striking ``offered into the capital markets''; (2) by striking paragraph (7); (3) by redesignating paragraphs (8) through (15) as paragraphs (7) through (14), respectively; (4) by striking the period at the end of paragraph (8)(B) (as so redesignated) and inserting a semicolon; and (5) in paragraph (10) (as so redesignated) by striking ``bond'' and inserting ``credit''. (b) Determination of Eligibility.--Section 182(a) of such title is amended-- (1) 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, a 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.''; (2) in paragraph (3)(A)(i) by striking ``$100,000,000'' and inserting ``$50,000,000''; (3) in paragraph (3)(B) by striking ``$30,000,000'' and inserting ``$15,000,000''; and (4) in paragraph (4)-- (A) by striking ``Project financing'' and inserting ``The Federal credit instrument''; and (B) by inserting before the period at the end ``that also secure the project obligations''. (c) Project Selection.--Section 182(b) of such title is amended-- [[Page 6107]] (1) in paragraph (1) by striking ``criteria'' the second place it appears and inserting ``requirements''; and (2) in paragraph (2)(B) by inserting ``, which may be the Federal credit instrument,'' after ``obligations''. (d) Secured Loans.-- (1) Agreements.--Section 183(a)(1) of such title is amended-- (A) in each of subparagraphs (A) and (B) by inserting ``of any project selected under section 602'' after ``costs''; and (B) by striking the semicolon at the end of subparagraph (B) and all that follows through ``under section 602''. (2) Investment-grade rating requirement.--Section 183(a)(4) of such title is amended-- (A) by striking ``The funding'' and inserting ``The execution''; and (B) by striking the first comma and all that follows through ``1 rating agency''. (3) Terms and limitations.--Section 183(b) of such title is amended-- (A) in paragraph (2) by inserting ``the lesser of'' after ``exceed''; (B) in paragraph (2) by inserting ``or the amount of the senior project obligations'' after ``costs''; (C) in paragraph (3)(A)(i) by inserting ``that also secure the senior project obligations'' after ``sources''; and (D) in paragraph (4) by striking ``marketable''. (4) Repayment.--Section 183(c) is amended-- (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (e) Lines of Credit.-- (1) Terms and limitations.--Section 184(b) of such title is amended-- (A) in paragraph (3)-- (i) by striking the first comma; and (ii) by striking ``any debt service reserve fund, and any other available reserve'' and inserting ``but not including reasonably required financing reserves''; (B) in paragraph (4)-- (i) by striking ``marketable''; (ii) by striking ``on which'' and inserting ``of execution of''; and (iii) by striking ``is obligated'' and inserting ``agreement''; and (C) in paragraph (5)(A)(i) by inserting ``that also secure the senior project obligations'' after ``sources''; and (2) Repayment.--Section 184(c) of such title is amended-- (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 ``conclude, with full repayment of principal and interest,''; and (B) by striking paragraph (3). (f) Program Administration.--Section 185 of such title is amended to read as follows: ``Sec. 185. Program administration ``(a) Requirement.--The Secretary shall establish a uniform system to service the Federal credit instrument made available under this chapter. ``(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 instrument. ``(c) Services.--The Secretary may identify a financial entity to assist the Secretary in servicing a Federal credit instrument. The services-- ``(1) shall act as the agent for the Secretary; and ``(2) shall receive a servicing fee, subject to approval by the Secretary. ``(d) Assistance From Expert Firms.--The Secretary may retain the services of one or more expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.''. (g) Funding.--Section 188 of such title is amended to read as follows: ``Sec. 188. Funding ``(a) Funding.-- ``(1) In general.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $130,000,000 for fiscal year 2004 and $140,000,000 for each of fiscal years 2005 through 2009 to carry out this chapter. ``(2) Administrative costs.--From funds made available under paragraph (1), the Secretary may use, for the administration of this subchapter, not more than $3,000,000 for each of fiscal years 2004 through 2009. ``(3) 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 chapter shall be deemed to be acceptance by the United States of a contractual obligation to fund the Federal credit instrument. ``(2) Availability.--Amounts authorized under this section for a fiscal year shall be available for obligation on October 1 of the fiscal year. ``(c) Limitations on Credit Amounts.--For each of fiscal years 2004 through 2009, principal amounts of Federal credit instruments made available under this chapter shall be limited to $2,600,000,000.''. SEC. 1602. STATE INFRASTRUCTURE BANKS. (a) In General.--Section 189 of title 23, United States Code, is amended to read as follows: ``Sec. 189. State infrastructure bank program ``(a) Definitions.--In this section, the following definitions apply: ``(1) Capital project.--The term `capital project' has the meaning such term has under section 5302 of title 49, United States Code. ``(2) Other forms of credit assistance.--The term `other forms of credit assistance' includes any use of funds in an infrastructure bank-- ``(A) to provide credit enhancements; ``(B) to serve as a capital reserve for bond or debt instrument financing; ``(C) to subsidize interest rates; ``(D) to insure or guarantee letters of credit and credit instruments against credit risk of loss; ``(E) to finance purchase and lease agreements with respect to transit projects; ``(F) to provide bond or debt financing instrument security; and ``(G) to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary and that relate to the project with respect to which such assistance is being provided. ``(3) State.--The term `State' has the meaning such term has under section 401 of this title. ``(4) Capitalization.--The term `capitalization' means the process used for depositing funds as initial capital into a State infrastructure bank to establish the infrastructure bank. ``(5) Cooperative agreement.--The term `cooperative agreement' means written consent between a State and the Secretary which sets forth the manner in which the infrastructure bank established by the State in accordance with this section will be administered. ``(6) Loan.--The term `loan' means any form of direct financial assistance from a State infrastructure bank that is required to be repaid over a period of time and that is provided to a project sponsor for all or part of the costs of the project. ``(7) Guarantee.--The term `guarantee' means a contract entered into by a State infrastructure bank in which the bank agrees to take responsibility for all or a portion of a project sponsor's financial obligations for a project under specified conditions. ``(8) Initial assistance.--The term `initial assistance' means the first round of funds that are loaned or used for credit enhancement by a State infrastructure bank for projects eligible for assistance under this section. ``(9) Leverage.--The term `leverage' means a financial structure used to increase funds in a State infrastructure bank through the issuance of debt instruments. ``(10) Leveraged.--The term `leveraged', as used with respect to a State infrastructure bank, means that the bank has total potential liabilities that exceed the capital of the bank. ``(b) Cooperative Agreements.--Subject to the provisions of this section, the Secretary may enter into cooperative agreements with States for the establishment of State infrastructure banks for making loans and providing other forms of credit assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance under this section. ``(c) Interstate Compacts.--Congress grants consent to 2 or more of the States, entering into a cooperative agreement under subsection (a) with the Secretary for the establishment by such States of a multi-State infrastructure bank in accordance with this section, to enter into an interstate compact establishing such bank in accordance with this section. ``(d) Funding.-- ``(1) Highway account.--Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank to deposit into the highway account of the bank not to exceed-- ``(A) 10 percent of the funds apportioned to the State for each of fiscal years 2004 through 2009 under each of sections 104(b)(1), 104(b)(3), 104(b)(4), and 144; and ``(B) 10 percent of the funds allocated to the State for each of such fiscal years under section 105. ``(2) Transit account.--Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank, and any other recipient of Federal assistance under section 5307, 5309, or 5311 of title 49, to deposit into the transit account of the bank not to exceed 10 percent of the funds made available to the State or other recipient in each of fiscal years 2004 through 2009 for capital projects under each of such sections. ``(3) Rail account.--Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank, and any other recipient of Federal assistance under subtitle V of title 49, to deposit into the rail account of the bank funds made available to the State or other recipient in each of fiscal years 2004 through 2009 for capital projects under such subtitle. ``(4) Capital grants.-- ``(A) Highway account.--Federal funds deposited into a highway account of a State infrastructure bank under paragraph (1) shall constitute for purposes of this section a capitalization grant for the highway account of the bank. ``(B) Transit account.--Federal funds deposited into a transit account of a State infrastructure bank under paragraph (2) shall constitute [[Page 6108]] for purposes of this section a capitalization grant for the transit account of the bank. ``(C) Rail account.--Federal funds deposited into a rail account of a State infrastructure bank under paragraph 3 shall constitute for purposes of this section a capitalization grant for the rail account of the bank. ``(5) Special rule for urbanized areas of over 200,000.-- Funds in a State infrastructure bank that are attributed to urbanized areas of a State with urbanized populations of over 200,000 under section 133(d)(3) may be used to provide assistance with respect to a project only if the metropolitan planning organization designated for such area concurs, in writing, with the provision of such assistance. ``(6) Discontinuance of funding.--If the Secretary determines that a State is not implementing the State's infrastructure bank in accordance with a cooperative agreement entered into under subsection (b), the Secretary may prohibit the State from contributing additional Federal funds to the bank. ``(e) Forms of Assistance From Infrastructure Banks.--An infrastructure bank established under this section may make loans or provide other forms of credit assistance to a public or private entity in an amount equal to all or a part of the cost of carrying out a project eligible for assistance under this section. The amount of any loan or other form of credit assistance provided for the project may be subordinated to any other debt financing for the project. Initial assistance provided with respect to a project from Federal funds deposited into an infrastructure bank under this section may not be made in the form of a grant. ``(f) Eligible Projects.--Subject to subsection (e), funds in an infrastructure bank established under this section may be used only to provide assistance for projects eligible for assistance under this title and capital projects defined in section 5302 of title 49, and any other projects related to surface transportation that the Secretary determines to be appropriate. ``(g) Infrastructure Bank Requirements.--In order to establish an infrastructure bank under this section, the State establishing the bank shall-- ``(1) deposit in cash, at a minimum, into each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and deposited into such account; except that, if the deposit is into the highway account of the bank and the State has a non-Federal share under section 120(b) that is less than 25 percent, the percentage to be deposited from non-Federal sources shall be the lower percentage of such grant; ``(2) ensure that the bank maintains on a continuing basis an investment grade rating on its debt, or has a sufficient level of bond or debt financing instrument insurance, to maintain the viability of the bank; ``(3) ensure that investment income derived from funds deposited to an account of the bank are-- ``(A) credited to the account; ``(B) available for use in providing loans and other forms of credit assistance to projects eligible for assistance from the account; and ``(C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; ``(4) ensure that any loan from the bank will bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible; ``(5) ensure that repayment of any loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later; ``(6) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan; and ``(7) require the bank to make an annual report to the Secretary on its status no later than September 30 of each year and such other reports as the Secretary may require under guidelines issued to carry out this section. ``(h) Applicability of Federal Law.-- ``(1) In general.--The requirements of this title and title 49 that would otherwise apply to funds made available under this title or such title and projects assisted with those funds shall apply to-- ``(A) funds made available under this title or such title and contributed to an infrastructure bank established under this section, including the non-Federal contribution required under subsection (g); and ``(B) projects assisted by the bank through the use of the funds; except to the extent that the Secretary determines that any requirement of such title (other than sections 113 and 114 of this title and section 5333 of title 49), is not consistent with the objectives of this section. ``(2) Repayments.--The requirements of this title and title 49 shall apply to repayments from non-Federal sources to an infrastructure bank from projects assisted by the bank. Such a repayment shall be considered to be Federal funds. ``(i) United States not Obligated.--The deposit of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt-financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. ``(j) Management of Federal Funds.--Sections 3335 and 6503 of title 31, shall not apply to funds deposited into an infrastructure bank under this section. ``(k) Program Administration.--For each of fiscal years 2004 through 2009, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank.''. (b) Preparatory Amendments.-- (1) Section 181.--Section 181 of such title is further amended-- (A) by striking the section designator and heading and inserting the following: ``Sec. 181. Generally applicable provisions''; (B) by striking ``In this subchapter'' and inserting ``(a) Definitions.--In this chapter''; (C) in paragraph (5) by striking ``184'' and inserting ``604''; and (D) in paragraph (11) (as redesignated by section 1601(a) of this Act) by striking ``183'' and inserting ``603''; and (E) by adding at the end the following: ``(b) Treatment of Chapter.--For purposes of this title, this chapter shall be treated as being part of chapter 1.''. (2) Section 182.--Section 182(b)(2)(A)(viii) of such title is further amended by inserting ``and chapter 1'' after ``this chapter''. (3) Section 183.--Section 183(a) of such title is further amended-- (A) in paragraph (1) by striking ``182'' and inserting ``602''; and (B) in paragraph (3) by striking ``182(b)(2)(B)'' and inserting ``602(b)(2)(B)''. (4) Section 184.--Section 184 of such title is further amended-- (A) in subsection (a)(1) by striking ``182'' and inserting ``602''; (B) in subsection (a)(3) by striking ``182(b)(2)(B)'' and inserting ``602(b)(2)(B)''; and (C) in subsection (b)(10) by striking ``183'' and inserting ``603''. (5) References in subchapter.--Subchapter II of chapter 1 of such title is amended by striking ``this subchapter'' each place it appears and inserting ``chapter''. (6) Subchapter headings.--Chapter 1 of such title is further amended-- (A) by striking ``SUBCHAPTER I--GENERAL PROVISIONS'' preceding section 101; and (B) by striking ``SUBCHAPTER II--INFRASTRUCTURE FINANCE'' preceding section 181. (c) Chapter 6.--Such title is further amended by adding at the end the following: ``CHAPTER 6--INFRASTRUCTURE FINANCE ``Sec. ``601. Generally applicable provisions. ``602. Determination of eligibility and project selection. ``603. Secured loans. ``604. Lines of credit. ``605. Program administration. ``606. State and local permits. ``607. Regulations. ``608. Funding. ``609. State infrastructure bank program.''. (d) Moving and Redesignating.--Such title is further amended-- (1) by redesignating sections 181 through 189 as sections 601 through 609, respectively; (2) by moving such sections from chapter 1 to chapter 6 (as added by subsection (c)); and (3) by inserting such sections after the analysis for chapter 6. (e) Analysis for Chapter 1 and Table of Chapters.-- (1) Analysis for chapter 1.--The analysis for chapter 1 of such title is amended-- (A) by striking the headings for subchapters I and II; and (B) by striking the items relating to sections 181 through 189. (2) Table of chapters.--The table of chapters for such title is amended by inserting after the item relating to chapter 5 the following: ------------------------------------------------------------------------ ------------------------------------------------------------------------ ``6. Infrastructure and Finance............................ 601''. ------------------------------------------------------------------------ SEC. 1603. INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION TOLL PILOT PROGRAM. (a) Establishment.--The Secretary shall establish and implement an Interstate System reconstruction and rehabilitation toll pilot program under which the Secretary, notwithstanding sections 129 and 301 of title 23, United States Code, may permit a State to collect tolls on a highway, bridge, or tunnel on the Interstate System for the purpose of reconstructing and rehabilitating the facility. (b) Limitation on Number of Facilities.--The Secretary may permit the collection of tolls under this section on 3 facilities on the Interstate System. Each of such facilities shall be located in a different State. (c) Eligibility.--To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains, at a minimum, the following: (1) An identification of the facility on the Interstate System proposed to be a toll facility, including the age, condition, and intensity of use of the facility. [[Page 6109]] (2) In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization designated under chapter 52 of title 49, United States Code, for the area has been consulted concerning the placement and amount of tolls on the facility. (3) An analysis demonstrating that financing the reconstruction or rehabilitation of the facility with the collection of tolls under the pilot program is the most efficient and economical way to advance the project. (4) A facility management plan that includes-- (A) a plan for implementing the imposition of tolls on the facility; (B) a schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues; (C) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; (D) a description of whether consideration will be given to privatizing the maintenance and operational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and (E) such other information as the Secretary may require. (d) Selection Criteria.--The Secretary may approve the application of a State under subsection (c) only if the Secretary determines that-- (1) the State's analysis under subsection (c)(3) is reasonable; (2) the facility has a sufficient intensity of use, age, or condition to warrant the collection of tolls; (3) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers; (4) the State plan for reconstruction or rehabilitation of the facility using toll revenues is reasonable; (5) the State will develop, manage, and maintain a system that will automatically collect the tolls; (6) in developing the State plan for implementing tolls on the facility, the State includes a program to permit low- income drivers to pay a reduced toll amount; and (7) the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway system meeting criteria for the Interstate System. (e) Prohibition on Noncompete Agreements.--Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that the State will not enter into an agreement with a private person under which the State is prevented from improving or expanding the capacity of public roads adjacent to the toll facility to address conditions resulting from traffic diverted to such roads from the toll facility, including-- (1) excessive congestion; (2) pavement wear; and (3) an increased incidence of traffic accidents, injuries, or fatalities. (f) Limitations on Use of Revenues; Audits.--Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that-- (1) all toll revenues received from operation of the toll facility will be used only for-- (A) debt service; (B) reasonable return on investment of any private person financing the project; and (C) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and (2) regular audits will be conducted to ensure compliance with paragraph (1) and the results of such audits will be transmitted to the Secretary. (g) Limitation on Use of Interstate Maintenance Funds.-- During the term of the pilot program, funds apportioned for Interstate maintenance under section 104(b)(4) of title 23, United States Code, may not be used on a facility for which tolls are being collected under the program. (h) Program Term.--The Secretary may approve an application of a State for permission to collect a toll under this section only if the application is received by the Secretary before the last day of the 10-year period beginning on the date of enactment of this Act. (i) Interstate System Defined.--In this section, the term ``Interstate System'' has the meaning such term has under section 101 of title 23, United States Code. (j) Report.--Not later than September 30, 2011, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on traffic congestion on, pavement wear of, and incidence of accidents, injuries, and fatalities on public roads adjacent to toll facilities established under this section and section 1604. (k) Repeal.--Section 1216(b) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 212) is repealed. SEC. 1604. INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM. (a) Establishment.--The Secretary shall establish and implement an Interstate System construction toll pilot program under which the Secretary, notwithstanding sections 129 and 301 of title 23, United States Code, may permit a State or an interstate compact of States to collect tolls on a highway, bridge, or tunnel on the Interstate System for the purpose of constructing Interstate highways. (b) Limitation on Number of Facilities.--The Secretary may permit the collection of tolls under this section on 3 facilities on the Interstate System. (c) Eligibility.--To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains, at a minimum, the following: (1) An identification of the facility on the Interstate System proposed to be a toll facility. (2) In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization designated under chapter 52 of title 49, United States Code, for the area has been consulted concerning the placement and amount of tolls on the facility. (3) An analysis demonstrating that financing the construction of the facility with the collection of tolls under the pilot program is the most efficient and economical way to advance the project. (4) A facility management plan that includes-- (A) a plan for implementing the imposition of tolls on the facility; (B) a schedule and finance plan for the construction of the facility using toll revenues; (C) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program; (D) a description of whether consideration will be given to privatizing the maintenance and operational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and (E) such other information as the Secretary may require. (d) Selection Criteria.--The Secretary may approve the application of a State under subsection (c) only if the Secretary determines that-- (1) the State's analysis under subsection (c)(3) is reasonable; (2) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers; (3) the State plan for construction of the facility using toll revenues is reasonable; (4) the State will develop, manage, and maintain a system that will automatically collect the tolls; (5) in developing the State plan for implementing tolls on the facility, the State includes a program to permit low- income drivers to pay a reduced toll amount; and (6) the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway system meeting criteria for the Interstate System. (e) Prohibition on Noncompete Agreements.--Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that the State will not enter into an agreement with a private person under which the State is prevented from improving or expanding the capacity of public roads adjacent to the toll facility to address conditions resulting from traffic diverted to such roads from the toll facility, including-- (1) excessive congestion; (2) pavement wear; and (3) an increased incidence of traffic accidents, injuries, or fatalities. (f) Limitations on Use of Revenues; Audits.--Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that-- (1) all toll revenues received from operation of the toll facility will be used only for-- (A) debt service; (B) reasonable return on investment of any private person financing the project; and (C) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and (2) regular audits will be conducted to ensure compliance with paragraph (1) and the results of such audits will be transmitted to the Secretary. (g) Limitation on Use of Interstate Maintenance Funds.-- During the term of the pilot program, funds apportioned for Interstate maintenance under section 104(b)(4) of title 23, United States Code, may not be used on a facility for which tolls are being collected under the program. (h) Program Term.--The Secretary may approve an application of a State for permission to collect a toll under this section only if the application is received by the Secretary before the last day of the 10-year period beginning on the date of enactment of this Act. (i) Interstate System Defined.--In this section, the term ``Interstate System'' has the meaning such term has under section 101 of title 23, United States Code. SEC. 1605. USE OF EXCESS FUNDS. Section 106 of title 23, United States Code, is amended by adding at the end the following: ``(i) Use of Excess Funds.-- ``(1) Audits.--A State may audit projects funded with amounts apportioned under sections 104 and 144 to determine whether any amounts obligated for a project are excess funds. ``(2) Plans for use of excess funds.--If a State determines, after conducting an audit under paragraph (1), that funds obligated for a project are excess funds, the State may develop [[Page 6110]] a plan for obligating the funds for the design and construction of one or more projects that are eligible for funding under the program for which the funds were originally apportioned. ``(3) Certification to the secretary.--A State that has developed a plan under paragraph (2) shall transmit to the Secretary a certification that the State has conducted an audit under paragraph (1) and developed the plan in accordance with paragraph (2). ``(4) Implementation of plans.--After transmitting a certification to the Secretary with respect to a plan under paragraph (3), the State may carry out the plan. ``(5) Applicability of requirements.--Excess funds used to carry out a project under this section shall be subject to the requirements of this title that are applicable to the program for which the funds were originally apportioned. ``(6) Excess funds defined.--In this subsection, the term `excess funds' means funds obligated for a project that remain available for the project after the project has been completed.''. Subtitle G--High Priority Projects SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM. (a) Authorization of High Priority Projects.--Section 117(a) of title 23, United States Code, is amended by striking ``1602 of the Transportation Equity Act for the 21st Century'' and inserting ``1701 of the Transportation Equity Act: A Legacy for Users''. (b) Allocation Percentages.--Section 117(b) of such title is amended by striking paragraphs (1) through (6) and inserting the following: ``(1) 19.6 percent of such amount shall be available for obligation beginning in fiscal year 2004; ``(2) 18.5 percent of such amount shall be available for obligation beginning in fiscal year 2005; ``(3) 16.3 percent of such amount shall be available for obligation beginning in fiscal year 2006; ``(4) 15.3 percent of such amount shall be available for obligation beginning in fiscal year 2007; ``(5) 15.8 percent of such amount shall be available for obligation beginning in fiscal year 2008; and ``(6) 14.5 percent of such amount shall be available for obligation beginning in fiscal year 2009.''. (c) Federal Share.--Section 117(c) of such title is amended by striking ``; except'' and all that follows through ``cost thereof''. (d) Advance Construction.--Section 117(e) of such title is amended by striking ``1602 of the Transportation Equity Act for the 21st Century'' each place it appears and inserting ``1701 of the Transportation Equity Act: A Legacy for Users''. (e) Availability of Obligation Limitation.--Section 117(g) of such title is amended by striking ``Transportation Equity Act for the 21st Century'' and inserting ``Transportation Equity Act: A Legacy for Users''. (f) Federal-State Relationship.--Section 145(b) of such title is amended-- (1) by inserting after ``described in'' the following: ``section 1702 of the Transportation Equity Act: A Legacy for Users,''; (2) by inserting after ``for such projects by'' the following: ``section 1101(a)(17) of the Transportation Equity Act: A Legacy for Users,''; and (3) by striking ``117 of title 23, United States Code,'' and inserting ``section 117 of this title,''. SEC. 1702. PROJECT AUTHORIZATIONS. Subject to section 117 of title 23, United States Code, the amount listed for each high priority project in the following table shall be available (from amounts made available by section 1101(a)(17) of the Transportation Equity Act: A Legacy for Users) for fiscal years 2004 through 2009 to carry out each such project: High Priority Projects ---------------------------------------------------------------------------------------------------------------- No. State Project Description Amount ---------------------------------------------------------------------------------------------------------------- 1. Alaska................. Bogard/Seldon Extension in $4,000,000.00 Matanuska-Susitna Borough. 2. Utah................... Widen and improve Geneva Road/ $2,100,000.00 SR-114 connecting Provo Utah and Plesant Grove Utah. 3. Mississippi............ Philadelphia Bypass Hwys 15 to $1,500,000.00 19:Four-lane bypass connecting MS Hwys 15, 16 & 19 south of Philadelphia with major interchanges at each connection point. 4. Virginia............... Town of Pound Riverwalk - $100,000.00 construction of pedestrian riverwalk, Town of Pound. 5. California............. Construct parking lot and $1,000,000.00 improved museum pedestrian access from the trolley station, San Diego. 6. Pennsylvania........... Improve State Route 1001 at $1,000,000.00 Section 601 from the Village of Lockport to Queensrun. 7. Kansas................. Construct 127th Street bridge $3,000,000.00 over I-35, Olathe. 8. New York............... Improvements to Rt. 32/17/6 and $9,000,000.00 County Route 105 in Orange County - NY. 9. Missouri............... Resurfacing and shoulder $3,000,000.00 widening on US 136, and replacement of 2 deficient bridges. 10. New Hampshire.......... Replace Ash Street, Pillsbury $1,430,000.00 Road bridge over I93 in Londonderry. 11. Georgia................ Pave portions of CR345, CR44, $370,000.00 and CR 45, Hancock County. 12. Georgia................ Install traffic lights and $500,000.00 pedestrian walkways on Highway 441 at MLK, Jr. Boulevard, Dublin. 13. Washington............. Construct a multi-jurisdictional $2,000,000.00 non-motorized transportation project parallel to SR99 called the Interurban Trail. 14. Virginia............... Green Cove - improvements to $100,000.00 existing Forest Service facility located at the trailhead of the Virginia Creeper Trail. 15. Michigan............... Westland, Reconstruct and Widen $2,500,000.00 Palmer Road. 16. Mississippi............ Upgrade roads in Port Gibson $600,000.00 (U.S. Hwy 61), Claiborne County. 17. New York............... Build a structural deck that $2,000,000.00 spans the New Haven Railroad cut to create parking for commuters, Mount Vernon. 18. California............. Improvement of intersection at $2,000,000.00 Aviation Blvd. and Rosecrans Ave. to reduce congestion, Hawthorne. 19. Illinois............... Improvements to Diehl Road $500,000.00 between Eola Road and Route 59. 20. New Jersey............. Streetscape Improvements to $500,000.00 Clements Bridge Road from Newton Avenue to New Jersey Turnpike, Barrington. 21. New York............... Design and construct new $3,400,000.00 Interchange 11A on I-87, connector road extending from I- 87 to Route 9/67, and interchange between the connector road and Route 9/67. 22. Massachusetts.......... Planning and construction of $6,000,000.00 East Boston Haul Road, Boston. 23. Arkansas............... Construction of Camden Port $480,000.00 Access Road, Camden. 24. New York............... Construct phase 2 of the Grand $10,000,000.00 Concourse improvements from East 161st St. to East 166th St. 25. Ohio................... Construct upgrade of SR 16 to 4 $3,000,000.00 lanes from SR 60 to SR 16 in Coshocton County. 26. California............. Construct Cypress Avenue over- $3,500,000.00 pass to separate Interstate 10 and Union Pacific Railroad tracks, Fontana. 27. Arkansas............... Improvements to Johnson Road $6,000,000.00 from Hwy 412 to I-540 through Springdale and Johnson. 28. Minnesota.............. For design of an extension of $2,000,000.00 road from TH10 in the city of Blaine north to the city of Ham Lake. 29. California............. 8.5 miles of six and eight lane $5,000,000.00 arterial roadways, building an essential east-west route across Santa Clarita Valley. 30. Iowa................... Completion of Highway 20 from $3,000,000.00 Fort Dodge, Iowa through Sioux City, Iowa. 31. Alabama................ I-65 interchange at CR-222 $1,000,000.00 between SR-69 and US-278. 32. Minnesota.............. Becker County CR 143 and CR 124 $960,000.00 improvements. 33. South Carolina......... BMW/I-85 Interchange - construct $10,000,000.00 a new interchange on I-85 between the Greenville Spartanburg Airport and SC Highway 101 interchanges. 34. Illinois............... Construct bike/pedestrian paths, $350,000.00 Orland Hills. 35. New York............... Rehabilitate a historic $600,000.00 warehouse on the Erie Canal in the Town of Lyon, NY. 36. Arkansas............... Improvements to the I-540 and SH- $1,420,000.00 102 Interchange in Bentonville. 37. Florida................ Airport Entrance Streetscape, $500,000.00 Sanford. 38. Washington............. East Marine View Drive Widening, $9,000,000.00 Everett. 39. Ohio................... Improvements to the intersection $2,000,000.00 of Fulton Dr. and Wales Ave. in Jackson Township. 40. Oregon................. Highway 34/Corvallis Bypass $2,100,000.00 Intersection. 41. New Jersey............. Route 82 Union County $1,000,000.00 Streetscape improvements, including signing and lighting upgrades in Elizabeth City and Union Township. 42. Illinois............... Construct connector road between $6,400,000.00 Collinsville Rd to IL 3/North First Street, St. Clair County. 43. Colorado............... New bridge across Roaring Fork $6,500,000.00 River near S end of Glenwood Springs, improve roads connecting Midland Ave/SH 82. 44. Pennsylvania........... Design and construct $3,870,500.00 improvements to the I-81/Route 465 interchange and Route 465 from Walnut Bottom Road to PA 641. [[Page 6111]] 45. Texas.................. Extend and improve Mission $4,000,000.00 Trails Project, San Antonio. 46. Minnesota.............. Improve TH241 in St. Michael, MN $4,000,000.00 by increasing lanes from 2 to 4. 47. Ohio................... Upgrade safety devices at $140,000.00 Sheldon Road Crossing, Berea. 48. Michigan............... Gravel and paving of remaining $430,000.00 3.2 miles in 5.5 mile stretch of Jacobsville Road, Houghton County. 49. New York............... Implement safety measures at $1,000,000.00 Railroad grade crossings in Rockland County. 50. Illinois............... Construct pedestrian underpass $1,000,000.00 at South Shore Drive and 67th Street, Chicago. 51. Ohio................... Bicycle Trails construction and $1,440,000.00 design in Bainbridge Township. 52. Ohio................... Construct MetroParks Bikeway, $376,000.00 Mahoning County. 53. Georgia................ Streetscape [pedestrian safety $600,000.00 enhancements, sidewalks, curb replacement, restoration, landscaping, ADA compliance], Bainbridge. 54. Nebraska............... Construct an 8.7 mile roadway $14,566,300.00 constituting the first phase of a comprehensive Beltway System around the City of Lincoln. 55. Minnesota.............. Design engineering and ROW $1,000,000.00 acquisition to reconstruct TH95 bridge, North Branch. 56. Virginia............... Improve Colorado Street bridge, $1,000,000.00 Salem. 57. California............. Implement streetscape $1,200,000.00 improvements on segments of Laurel Canyon Blvd. and Victory Blvd., North Hollywood. 58. New Jersey............. Bicycle and pedestrian paths for $1,000,000.00 New Jersey Underground Railroad. 59. Arizona................ Major widening of SR 95 within $2,000,000.00 Lake Havasu City. 60. Minnesota.............. Lake Street Access to I-35W, $10,000,000.00 Minneapolis. 61. New York............... Implement Improvements for $1,000,000.00 Pedestrian Safety in Kings County. 62. California............. Construct a diamond interchange $12,600,000.00 on State Route 60 at Lemon Avenue in the city of Diamond Bar. 63. Arkansas............... Downtown Dickson Street $4,000,000.00 Enhancement - College Avenue from Dickson Street to Archibald Yell and School Avenue to 6th Street in Fayetteville. 64. Pennsylvania........... Flyover ramp and new interchange $500,000.00 at proposed Town Center in Cranberry Twp at I-79 and Rte 228. 65. Texas.................. Improvements to RR 1017, $500,000.00 Hebbronville. 66. Arizona................ Construction of a bicycle/ $3,000,000.00 pedestrian bridge to connect the shores of the Salt River. 67. Pennsylvania........... Germantown Avenue Revitalization $2,600,000.00 Project involving landscaping, scenic enhancements, and pedestrian safety improvements along the heavily traveled thoroughfare. 68. Georgia................ Widening SR-104 to increase $4,750,000.00 Columbia Co. access to critical Augusta medical facilities as well as the Medical College of GA. 69. California............. Repair Rosecrans Ave and Alondra $50,000.00 Blvd bridges, Bellflower. 70. California............. Study feasibility of Maglev link $1,000,000.00 between San Diego and proposed San Diego Regional International Airport, Imperial County. 71. Illinois............... The addition of turning lanes to $1,100,000.00 US Rt. 14 (Northwest Highway) at the Arthur Avenue Union Pacific grade crossing and at the Prindle Underpass in Arlington Heights, Illinois. 72. Connecticut............ Improve Route 1 between Belden $2,000,000.00 Ave and East Ave in Norwalk, CT. 73. Maryland............... South Shore Trail. Construct $1,000,000.00 first phase of greenway from Odenton to Annapolis, Anne Arundel County. 74. Virginia............... Widening Highway-15 in Prince $5,000,000.00 Edward County. 75. New York............... Rehab of Hornbeck Rd in Town of $426,550.00 Poughkeepsie-NY. 76. Illinois............... Phase II engineering to widen US $1,000,000.00 45/LaGrange Road through Orland Park, IL. 77. Virginia............... Improve Frederick Street, $1,300,000.00 Staunton. 78. Alabama................ Riverwalk project with $3,000,000.00 continuous river-edge walkway creating a system of parks and open spaces in historic downtown Montgomery, AL. 79. Georgia................ Install landscaping and upgrade $500,000.00 lighting on Fall Line Freeway, Reynolds. 80. Utah................... 13th East, Sandy City........... $6,300,000.00 81. Ohio................... Construction of rail grade $1,250,000.00 separations at intersections in Lima to improve motorist and pedestrian safety. 82. New Jersey............. Observer Highway Operational and $2,500,000.00 Safety Improvements, Hoboken. 83. New York............... Implement ITS system and $100,000.00 apparatus to enhance citywide truck route system on LIE Eastbound Service Road at 74th Street to Caldwell Ave, Grand Ave from 69th Street to Flushing Ave, and Eliot Ave from 69th Street to Woodhaven Blvd. 84. California............. Construction of interchange on $2,000,000.00 Interstate 10 at Palm Drive. 85. Illinois............... Improve roads and bridges and $1,000,000.00 undertake enhancements, Chicago. 86. New York............... Rehabilitate Tappan Street $1,040,000.00 Bridge in Town of Newark Valley. 87. California............. Widen the Marin- Sonoma Narrows $13,000,000.00 section of Highway 101 to include a carpool HOV lane in each direction. 88. Wisconsin.............. Replace Wisconsin Street Bridge $10,000,000.00 (State Highway 44), Oshkosh, WI. 89. Florida................ Construct I-95/N US 1 Business $4,000,000.00 Park Interchange in Ormond Beach, Florida. 90. New York............... Replacement of the structurally $1,000,000.00 deficient Pleasantville Road bridge over the Pocantico River, the Village of Pleasantville. 91. Arkansas............... Widen Lone Sassafrass Road, Drew $304,000.00 County. 92. Texas.................. Planning, design and engineering $4,000,000.00 for transportation projects in the I-35 corridor between San Antonio and Georgetown. 93. California............. State Route 67 (Mapleview to Dye $6,400,000.00 Rd) Project Studies/ Environmental Phase. 94. New York............... Construction of and improvements $500,000.00 to Route 62 in the Village of Hamburg. 95. Texas.................. Relocation of FM 450 to the west $3,000,000.00 of Hallsville. 96. Oregon................. Upgrade the Interstate 5 Fern $3,000,000.00 Valley Interchange (exit 24). 97. California............. Provide grade separation at the $1,000,000.00 Firestone / Old River School Road intersection, Downey. 98. Texas.................. Grade separation at US59-SH99 & $5,000,000.00 replace proposed interim ramps. Complete US59 reconstruction project. Recommended by the US59 MIS. 99. Maine.................. Calais/St. Stephen Border $5,000,000.00 Crossing Project. 100. Michigan............... US-127 Completion in Gratiot $5,000,000.00 County. 101. Nebraska............... Construct two Missouri River $3,000,000.00 bridges and their approach roadways. 102. New Jersey............. Highway Improvements in Liberty $5,000,000.00 Corridor. 103. New Jersey............. Interstate 195 Allentown, NJ $1,500,000.00 Exit at Sharon Station Road. 104. California............. Expand carsharing pilot program $2,000,000.00 to serve low- and moderate- income neighborhoods in the City and County of San Francisco. 105. Ohio................... Construct the existing $4,100,000.00 industrial park road from local to state standards near Cadiz. 106. Pennsylvania........... Median, guiderail and sidework $2,000,000.00 improvements to intersection of SR 51 and Franklin Ave, Beaver County. 107. New York............... Roadway improvements on Pidgeon $1,500,000.00 Hill Road (NYS Route 25 to Old Country Road) and Old Country Road (NYS Route 25 to I-495), Huntington. 108. Alabama................ Alignment of existing roads $8,000,000.00 along County Road 83 providing hurricane evacuation from coast to I10. 109. Texas.................. Construction of SH121 main lanes $9,000,000.00 and interchanges between Preston Road and US75. 110. Texas.................. SH 114/SH 170 in South Denton $2,500,000.00 County. 111. Oregon................. Repair and recoat logging bridge $150,000.00 over Highway 99E, Canby. 112. North Carolina......... Relocate US 70 to multi-lane $9,000,000.00 facility around Clayton. [[Page 6112]] 113. Ohio................... Construct Morse Road Corridor $1,000,000.00 Improvements Phase I in Columbus, Ohio. 114. California............. Improve I-8 offramp to the $1,000,000.00 Desert Farming Institute, Imperial County. 115. Georgia................ Upgrade sidewalks, lighting, $500,000.00 landscaping from Cherry Street to Hampton Street, Industrial Park to Dooly Street, Montezuma. 116. New York............... Dolsontown Rd. improvements in $1,400,000.00 Town of Wawayanda. 117. Maryland............... Replace Dover Bridge on MD $4,080,000.00 331Design and Right of Way. 118. Pennsylvania........... Reconstruct PA Route 274, at PA $1,000,000.00 Route11/15, Duncannon. 119. Virginia............... Construct I-64 and Pocahontas $9,000,000.00 Parkway Connector. 120. Texas.................. IH-653 and I-30 interchange $8,000,000.00 improvements. 121. North Carolina......... Widen Berkley Blvd in Goldsboro, $1,000,000.00 NC by constructing an additional lane, curbs, and gutters. 122. California............. Replace SR22 Interchanges and $7,300,000.00 Bridges, Garden Grove. 123. Illinois............... Construction of 2 North-South $14,400,000.00 Blvds, and one east-west blvd in the vicinity of Northern Illinois University. 124. Illinois............... Improve University Drive, Macomb $500,000.00 125. Tennessee.............. Develop trails, bike paths and $250,000.00 recreational facilities on Brady Mountain, Cumberland County for Cumberland Trail State Park. 126. Minnesota.............. Construct ramps and new bridge $900,000.00 over Interstate 35 at CSAH 17, and reconstruct CSAH 17 from west County Line to CSAH 30, Chisago County. 127. Massachusetts.......... I-93 Interchange, Andover/ $600,000.00 Tewksbury. 128. Pennsylvania........... Two-lane extension of Bristol $1,000,000.00 Road from US 202 to Park Avenue, Chalfont, New Britian. 129. Michigan............... Reconstruction of Ritchie Road $813,000.00 from village of Lincoln to Hubbard Lake road and of Hubbard Lake road to Mt. Maria Road, Alcona County. 130. Mississippi............ Madison/Ridgeland I-55 $1,500,000.00 Interchange:I-55 Interchange and connectors at juncture of Madison and Ridgeland corp. limits. 131. California............. Construct Daggett Road and $5,000,000.00 Bridge Project, Port of Stockton, CA. 132. New York............... Construct Wading River bicycle $1,200,000.00 and pedestrian project, Riverhead. 133. Oregon................. Improve U.S. 97 from Modoc Point $2,000,000.00 to Algoma. 134. New York............... Design, Study and Construct $1,000,000.00 Ferry Terminal Facilities at Floyd Bennett Field. 135. Minnesota.............. US Highway 10 interchange in the $1,250,000.00 city of Ramsey for necessary corridor enhancements. 136. Arkansas............... Continued development of Caraway $7,000,000.00 Road Overpass Project, Jonesboro. 137. New York............... Conduct study on extending the $150,000.00 limited access portion of NYS Rt. 5 to Auburn. 138. California............. Rehabilitate arterials, Compton. $1,500,000.00 139. Texas.................. US 82--Widen existing 2-lane $5,900,000.00 facility to 4-lane divided facility from FM 1417 in Sherman to US 69 in Bells. 140. Maryland............... US 220/MD53 North-South Corridor $1,000,000.00 141. Connecticut............ Improve Route 111 between Purdy $1,500,000.00 Hill Road and Fan Hill Road in Monroe, CT. 142. Michigan............... Wixom, Beck Road from I-96 to $250,000.00 West Rd. widen to 5 lanes. 143. Pennsylvania........... SR 219-Purchase of right-of-way $20,000,000.00 and the completion of the four- lane expansion of limited access highway from Town of Somerset to Maryland border. 144. New York............... Improvements of concrete curbs, $1,000,000.00 aprons, sidewalks, and asphalt along Sunrise Highway, Rockville Centre. 145. North Carolina......... Construction of Interstate 74 $5,000,000.00 from Maxton Bypass to NC 41 near Lumberton. 146. Michigan............... Expansion of US-31 from Nelson $1,500,000.00 Street to Merkey Road. 147. Arizona................ Develop a 4-lane divided roadway $3,000,000.00 on US 60 from Florence to Superior, Arizona. 148. New York............... Reconstruct Streets and $1,000,000.00 Sidewalks in Middle Village. 149. California............. Improvements for the Watt Avenue $3,000,000.00 corridor between Antelope Road and the Capital City Freeway. 150. Pennsylvania........... Design, engineering, ROW $500,000.00 acquisition, and construction of a connector road between the Valmont Industrial Park and Pennsylvania State Route 924 at Cranberry Creek. 151. Minnesota.............. Edge of Wilderness Discovery $471,000.00 Center, Marcell. 152. North Carolina......... Construction of a multi-lane $4,000,000.00 facility on new location from Beach Drive (SR 1104) to NC 211, Brunswick County. 153. New York............... Bartow Ave Ramp and $1,600,000.00 Reconstruction at the Hutchinson Parkway. 154. Ohio................... South Connector in Waverly, Ohio $4,100,000.00 for new access to school campus and new development areas in a repressed Appalachian region. 155. South Carolina......... Construct grade separation at $1,745,000.00 U.S. 521, Lancaster County. 156. Massachusetts.......... Downtown road revitalization for $4,000,000.00 Pleasant Street, Malden. 157. California............. Widen & realign Cherry Avenue $5,630,000.00 from 19th Street to one block south of Pacific Coast Highway, Signal Hill. 158. New York............... Construction of Bikeway Phase $459,895.00 III in Putnam County-NY. 159. Ohio................... Miami St. along St. Route 53 $1,000,000.00 safety enhancement project to improve access to railroad crossing. 160. Pennsylvania........... Design and construct access to $2,000,000.00 York County intermodal facility, York County. 161. California............. Traffic signal upgrade, road $2,500,000.00 reconfiguration, and median strip improvements to Lakewood Blvd between Telegraph Rd and Gardendale St, Downey. 162. New York............... To conduct mitigation measures $600,000.00 associated with the Palisades Interstate Parkway for the Village of New Square, Rockland County. 163. Alabama................ County Road 52 widening from S. $5,000,000.00 Shades Crest Road to U.S. 31 in Helena and Pelham. 164. Louisiana.............. Improve I-10/LA 95 intersection, $200,000.00 Duson. 165. Michigan............... Reconstruct 4,000 feet of Church $450,000.00 Road from Meridian to East River Road (excluding canal Bridge) including widening and sidewalk construction to eliminate safety hazards, Grosse Ile. 166. Michigan............... Construct road improvements to $2,500,840.00 Flushing Road from Ballenger Highway to I-475, City of Flint. 167. South Carolina......... Airline Road Bridge in Anderson. $170,000.00 168. New Jersey............. Planning for Liberty Corridor... $500,000.00 169. Pennsylvania........... Enhance existing directional $750,000.00 markers and increase wayfinding signage infrastructure, Monroe County. 170. California............. Construct Coyote Creek Trail $5,500,000.00 from Kelly Park to Berryessa station, San Jose. 171. Michigan............... Garden City, Reconstruction $1,000,000.00 Maplewood between Inkster and Merriman. 172. Missouri............... Study of BNSF Railroad $200,000.00 Reconfiguration Needs to eliminate Highway Crossings in/ around Springfield, MO. 173. Tennessee.............. Construct new exit on I-75 and $4,500,000.00 connect to U.S. 11, U.S. 411 and State Route 30. 174. Ohio................... Road widening and safety $500,000.00 improvements at Main and Bell Streets in the Village of Chagrin Falls. 175. Utah................... Construct Westside Connector in $2,050,000.00 Provo Utah connecting I-15 University Ave Interchange and Provo Commercial Sector with the Provo Airport. 176. California............. Reconstruct I-880/Route 92 $2,000,000.00 Interchange, Hayward. 177. California............. Reconstruct and widen Garfield $4,000,000.00 Ave. bridge over Rio Hondo River Channel and apply seismic improvements, South Gate. 178. Massachusetts.......... Somerville bikepath extension $1,000,000.00 and improvements, Somerville. 179. Pennsylvania........... Upgrade of southbound access $1,000,000.00 ramp at Exit 3 on Interstate 81. 180. Oklahoma............... Construct overpass over 2 rail $2,700,000.00 lines and Highway 66, Claremore. 181. Pennsylvania........... Upgrade intersection of SR 30 $1,000,000.00 and SR 981 at Arnold Palmer Regional Airport. 182. Indiana................ Realign State Road 312, Hammond. $4,200,000.00 183. Pennsylvania........... Replacement of bridge without $250,000.00 pedestrian access in Mount Joy. [[Page 6113]] 184. Georgia................ Highway 78 Corridor Improvement $7,000,000.00 Project: This project consists of safety enhancements for the corridor, infrastructure needs, median upgrades, and lighting. 185. Virgin Islands......... Construct extensions to Routes $7,000,000.00 703 & 70, St. Croix. 186. Illinois............... IL29 from IL 6 to I 180 study $1,000,000.00 and land acquisition. 187. New York............... Construct Northern State Parkway $6,000,000.00 and Long Island Expressway access at Marcus Avenue and Lakeville Road and associated Park and Ride. 188. New York............... Highway Construction I-87 Exit 3 $2,000,000.00 Airport Connector. 189. New York............... Transportation Enhancements in $1,750,000.00 Orleans and/or Niagara Counties to support development of Erie Canal. 190. New Jersey............. Addresses congestion, safety, $4,500,000.00 drainage, maintenance, signing, access, pedestrian circulation and transit access along Rt. 17 & Rt. 4 in Bergen County. 191. New Jersey............. Safety, traffic and pedestrian $300,000.00 improvements to Newark/1st Streets, Hoboken. 192. California............. Upgrade Route 4 East from the $15,000,000.00 vicinity of Loveridge Road to G Street, Contra Costa County. 193. Florida................ Interchange with I-10 to connect $3,000,000.00 to a new north-south highway, and a second phase extending to US 90. 194. North Carolina......... Widen and improve US 1 in $10,000,000.00 Richmond County with a bypass of Rockingham, NC. 195. New York............... Construct pedestrian waterfront $1,000,000.00 walkway, Owego. 196. Kansas................. Rehabilitate Kansas and Oklahoma $5,730,000.00 Rail Line to improve highway safety, decrease highway cnogestion, and reduce future road and bridge repairs. 197. Georgia................ East Point Downtown Streetscape $2,000,000.00 Project. 198. New York............... Improvements to Route 96 Bridges $3,000,000.00 over Seneca River. 199. Illinois............... Reconstruction of Frank Scott $3,000,000.00 Parkway East, St. Clair County. 200. Texas.................. Conduct feasibility study for a $500,000.00 second bridge to Pleasure Island in Port Arthur. 201. Texas.................. Relocation of 10th Street, $1,000,000.00 relocation of Mission Inlet, and extension of runway 13/31, McAllen. 202. New York............... Bridge replacement at Turk Hill $1,800,000.00 Rd in Putnam County-NY. 203. Oregon................. Street improvements to provide $6,000,000.00 better access to the Wayne L. Morse United States Courthouse. 204. California............. Mid Valley Station Road and $2,500,000.00 Inter-Modal Improvement Project. 205. Alabama................ To provide four lanes on US-80, $14,000,000.00 Perry County, Marengo County, and Sumter County. 206. Tennessee.............. Construction of visitors center $100,000.00 on Cherohala Skyway, a scenic byway, in Monroe County. 207. New York............... Improve CR39 from NY27 to NY27A, $3,000,000.00 Suffolk County. 208. Illinois............... Pre-construction activities IL $1,000,000.00 336 from Macomb to Peoria. 209. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of PS 81. 210. Minnesota.............. Cedar Lake Regional Trail $3,000,000.00 Extension, Minneapolis. 211. Tennessee.............. Modification of existing $500,000.00 interchange on I-81 at SR-341/ SR-66 located in Jefferson County. 212. Louisiana.............. Upgrade 28 West from Alexandria, $1,500,000.00 Louisiana to Ft. Polk. 213. Massachusetts.......... State Street reconstruction from $6,000,000.00 Main Street to Saint Michael's Cemetery, Springfield. 214. Michigan............... Construct road improvements to $1,600,000.00 North Henry St. from Vermont Ave. to Wilder Road, Bay City. 215. Illinois............... Improve intersection of McCarthy $350,000.00 Road, Derby Road, and Archer Avenue in Lemont, IL. 216. Oregon................. Agness Road, Curry County....... $1,000,000.00 217. Illinois............... Upgrade roads in the vicinity of $592,000.00 Robert Taylor Homes, Chicago. 218. Florida................ Widening of US Highway 17 from $2,000,000.00 Zolfo Springs south to the DeSoto County line. 219. Utah................... Atkinville Interchange, St. $4,000,000.00 George. 220. Tennessee.............. Reconstruct State Route 109 from $1,000,000.00 I-40 in Wilson County to Portland in Sumner County. 221. Missouri............... I-470 and Strother Road $1,000,000.00 Interchange. 222. New York............... Improve Traffic Flow on Lefferts $500,000.00 Boulevard by Rehabilitating Facilities Surrounding LIRR/Kew Gardens Eastbound Station. 223. Maine.................. Maintenance training facilities $500,000.00 and vehicle acquisition for Kidspeace, Ellsworth. 224. Illinois............... Improve Great River Road, Warsaw $500,000.00 225. Texas.................. Improvements to East 7th Street $2,000,000.00 in Austin from I-35 to US 183. 226. Illinois............... Upgrade I-294 and I-90 and $3,000,000.00 implement ITS projects. 227. California............. Reconstruct interchange at I-10 $2,800,000.00 and Riverside Avenue to improve traffic, Rialto. 228. New Jersey............. Rahway River Corridor Greenway $400,000.00 Bicycle and Pedestrian Path, South Orange. 229. California............. Construct multi-use trails at $1,100,000.00 Galster Park that link to other local Los Angeles County trails, West Covina. 230. Arkansas............... Improvements on County Roads 18, $500,000.00 32, 33, and 16, Bradley County. 231. Indiana................ Roadway improvements in Downtown $18,775,000.00 Indianapolis. 232. Ohio................... Geauga Co. acquisition of $60,000.00 historic covered bridge. 233. Oregon................. U.S. 199/Laurel Road $2,000,000.00 intersection. 234. New York............... Rt. 32 Corridor access $500,000.00 management & improvement in Orange County - NY. 235. Missouri............... Construction of interstate $8,000,000.00 flyover at Hughes Road and Liberty Drive to 76th Street. Part of Liberty Parkway Project. 236. Maryland............... Widen I-695 from I-83 to MD147. $9,780,000.00 Includes maintenance and interchange work. 237. Texas.................. Elevate Choate Road over Union $6,600,000.00 Pacific right-of-way and SH 146. system of improvements to support the proposed Bayport Terminal Complex. 238. California............. I-580 Castro Valley Interchange $1,200,000.00 Improvements. 239. Illinois............... City of Washington, Mueller Road $280,000.00 Rehabilitation. 240. New York............... Upgrade Route 17 to Interstate $2,000,000.00 Standards from the Route 14 Interchange through Horseheads, to NY SR 13 Interchange. 241. Tennessee.............. Extension of bicycle and $4,000,000.00 pedestrian trail, Smyrna. 242. Iowa................... Reconstruction and expansion of $5,000,000.00 the East 1st Street interchange on I 35, Ankeny. 243. Ohio................... Construct transportation museum $250,000.00 (Crawford Museum of Transportation and Industry at Aviation High School), Cleveland. 244. Wisconsin.............. Reconstruct Cameron Bypass on $3,000,000.00 State Highway 8. 245. Ohio................... Wetlands Land Preservation & $750,000.00 Enhancements in the Town of Aurora. 246. New Jersey............. Bridge replacement on Section 6V $3,000,000.00 of Route 1 from Ryders Lane to Milltown Road, North Brunswick. 247. Arkansas............... For acquisition and construction $800,000.00 of an alternate transportation (pedestrian/ bicycle) trail from East Little Rock to Pinnacle Mountain State Park. 248. New York............... Construct new access road $2,250,000.00 linking North & South sides of Rt. 17 in Town of Wallkill-NY. 249. Texas.................. SH 349 construction south of $4,000,000.00 Lamesa from Intersection of SH 137. 250. California............. Construct 4,700 ft. of medians $700,000.00 to improve safety/congestion on Imperial Highway from Valley View to Telegraph Road, La Mirada. 251. Pennsylvania........... Design and construct additional $580,000.00 turn lanes, signal upgrades, and related improvements at Routes 34 and 174 intersection in Cumberland County. 252. Maine.................. Construction and snowmobile $4,000,000.00 safety accommodations for Route 116 Bridge. Medway. 253. Pennsylvania........... Bedford Springs Project, $3,150,000.00 Bedford, PA: Relocation of Old Route 220 and Sweet Root Road. Complete preliminary and final engineering, purchase of right- of-way, and begin construction. 254. Michigan............... Geddes Road at Superior Road $750,000.00 Roundabout, Washtenaw County. 255. Minnesota.............. Construct Paul Bunyan Trail from $600,000.00 Mississippi River Bridge Trail to Crow Wing State Park. 256. California............. Improvements (including arterial $1,250,000.00 street rehabilitation) to enhance traffic and pedestrian safety in Sylmar, Lake View Terrace, and Mission, Los Angeles. 257. Kentucky............... Widen and reconstruct Mason's $500,000.00 Gap Rd. (KY 698), Lincoln County. [[Page 6114]] 258. Pennsylvania........... Reconstruction of SR 2001 Sec. $2,000,000.00 401 from the intersection of SR 2001 and U.S. 209 Bushkill Township north. Pike County. 259. Texas.................. Construct a 4-lane urban $4,000,000.00 roadway, along with reconstructing a bridge over UP RR on Ritchie Road, McLennan County. 260. North Carolina......... Construct grade separated $4,000,000.00 crossing at Sugar Creek Road of NC Railroad-Norfolk Southern Railroad. 261. Illinois............... Complete Stage III of $2,150,000.00 reconstruction of the Naperville Road-Warrenville Road/I-88 interchange. 262. Wisconsin.............. Widen State Highway 10 from City $20,000,000.00 of Marshfield to City of Stevens Point. 263. Texas.................. Widening of 16-mile two-lane gap $3,000,000.00 on SH 24 to four lanes from SH 19 in Cooper. 264. Pennsylvania........... Design and construct interchange $6,000,000.00 and related improvements at I- 83, Exit 18, or other projects selected by York County, Pennsylvania MPO. 265. California............. Implement Manor Drive overpass $800,000.00 improvement, Pacifica. 266. Maryland............... Indian Head Highway Upgrades-- $5,000,000.00 Design for upgrades to MD 210 to replace intersections with grade separated interchanges from MD 228 to I-495. 267. Texas.................. Improvements to FM 676, Alton... $500,000.00 268. California............. Construct pedestrian streetscape $1,500,000.00 improvements on Ocean Blvd and Anaheim Street in Long Beach, including lighting landscaping and irrigation, and seating, drinking fountains, bicycle racks and trash receptacles. 269. Wisconsin.............. Replace 17th Street Lift Bridge, $6,000,000.00 Two Rivers, WI. 270. California............. Conduct Study and Construct I $1,000,000.00 205/ Chrisman Road Interchange Project, Tracy, CA. 271. Alabama................ New freeway connector from $5,000,000.00 Dothan, AL to the FL border. 272. Pennsylvania........... Design and construct widening of $3,000,000.00 PA Route 94 from York/Adams County line to Elm Street, Hanover. 273. California............. First Street Bridge realignment, $1,250,000.00 Los Angeles. 274. Ohio................... Construct a proposed relocation $10,000,000.00 of US 22 and SR 93 from the current IR 70, US 40 west of Zanesville. 275. South Carolina......... Construct Bishopville Bypass, $4,000,000.00 Lee County. 276. Virginia............... Widening I-95 between Fairfax $5,150,000.00 County Pkwy and Rt. 123. 277. Oregon................. Study the feasibility of $750,000.00 widening US 26 from its interchange with Oregon Highway 217 in Beaverton to the Cornelius Pass exit. 278. Louisiana.............. Leeville Bridge................. $2,250,000.00 279. New York............... Implement Central NY grade $2,000,000.00 crossing and grade separation project. 280. Georgia................ Widen Godby road to HWY 314 to $2,500,000.00 widen an east-west corridor to connect three counties, Clayton County. 281. Florida................ SR710 Expansion and Improvements $2,000,000.00 in Palm Beach County, FL. 282. Iowa................... Complete final segment of MLK $9,000,000.00 Parkway West Project, and complete four segments of MLK Parkway East Project, Des Moines. 283. Arkansas............... Resurface Jack Creek Road, Logan $200,000.00 County. 284. California............. Upgrade San Fernando Road $7,500,000.00 corridor to include traffic calming measures, Los Angeles. 285. Georgia................ Sidewalk revitalization project $593,175.00 in downtown Eastman. 286. North Carolina......... Conversion of the American $2,000,000.00 Tobacco Trail for use as bike/ pedestrian trail, Durham/ Chatham counties. 287. Texas.................. Lamesa Bypass - US 87 N to near $6,500,000.00 US180. 288. Michigan............... Bridge connecting to East $300,000.00 Marshall Bypass Road in East Marshall, crossing the Kalamazoo River and Norfolk South Railroad. 289. Texas.................. Widen Washington Blvd. from $2,592,000.00 Langham Rd. to FM 364. 290. Illinois............... Improve roads and bridges, $10,000,000.00 Illinois. 291. New York............... Multi-modal project in Downtown $1,000,000.00 Flushing, Queens. 292. New Jersey............. Rt. 139 Bridge Rehabilitation, $2,000,000.00 Hoboken. 293. Louisiana.............. Belle Chasse Tunnel............. $500,000.00 294. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition and reconstruction of Main Street in the vicinity of Parsonage Street, City of Pittston. 295. Wisconsin.............. Pioneer Road Rail Grade $4,000,000.00 Separation, Fond du Lac, WI. 296. Michigan............... Holmes Road Reconstruction - $2,000,000.00 From Prospect Road to Michigan Avenue, Charter Township of Ypsilanti. 297. Georgia................ Improvement and expansion of $1,000,000.00 Camp Creek Road at Enon road, Fulton County. 298. New York............... Seeks to provide direct access $6,000,000.00 from I-81 to Fort Drum gates; 1st phase of larger Northern Tier Expressway (linking I-81 to I-87). 299. Tennessee.............. Bicycle and pedestrian trail, $100,000.00 Eagleville. 300. California............. Widen Boulder Avenue Bridge in $1,000,000.00 Highland. 301. Tennessee.............. Reconstruct and Widen US-64 from $5,225,000.00 a two-lane to a four-lane facility. 302. Wisconsin.............. Widen US 51/State Highway 29.... $8,000,000.00 303. Minnesota.............. Replace and Realign the Sauk $3,000,000.00 Rapids Bridge and approaches in St. Cloud and Sauk Rapids. 304. Ohio................... Widen Pearl Road, Strongsville.. $1,600,000.00 305. Nevada................. I-80 Interchange at Nevada $1,000,000.00 Pacific Parkway, Fernley, Nevada. Will benefit commuting employees of NAS Fallon. 306. Ohio................... Replace and improve Mill Street $2,000,000.00 Bridge, Akron. 307. Pennsylvania........... Complete a half diamond $4,000,000.00 interchange at PA-309 and Norristown Rd. by the Montgomery County Planning Commission. 308. Texas.................. South McColl Extension between $2,500,000.00 Oragewood and Military Highway, Hidalgo County. 309. New York............... Improve downtown streets, $1,000,000.00 Saugerties. 310. Mississippi............ Upgrade roads in Arcola, $1,800,000.00 Greenville, and Hollandale (U.S. Highway 61 and 18), Washington County. 311. Pennsylvania........... Design and construct the $5,680,000.00 relocation of U.S. 11 northbound between Ridge Hill and Hempt Roads and around New Kingstown. 312. New Mexico............. Construct NM 128 from NM 31 to $6,000,000.00 Texas State line. 313. California............. Construct pedestrian, bicycle $300,000.00 and ADA accessible boardwalks at the Pismo Beach Promenade, San Luis Obispo County. 314. Tennessee.............. Eliminate blockage of 2 lanes on $2,000,000.00 Gay Street in Knoxville to accommodate loading dock. 315. Tennessee.............. Construct trail and bike path at $1,600,000.00 S. Chickamauga Creek. 316. California............. Resurface and construct truck $3,000,000.00 lane at CA Hwy. 94 and Interstate 8 interchange, Boulevard. 317. Michigan............... Canton, Pave Cherry Hill west of $2,500,000.00 Denton Rd. 318. Minnesota.............. Birch Cove Rest Area, Hoyt Lakes $200,000.00 319. Illinois............... Construct parking facility and $200,000.00 undertake circulation enhancements at 96th and East Shore Drive, Oak Lawn. 320. Pennsylvania........... Finish missing ramps and $3,000,000.00 widening at intersection of I- 279 and I-79 in the Pittsburgh Airport Corridor. 321. Georgia................ Improvements to intersection of $2,000,000.00 SR 196 and US 84 in Liberty County. 322. Illinois............... Reconstruct Milwaukee Avenue, $1,500,000.00 Chicago. 323. New York............... Construction of an Intermodal $2,500,000.00 transportation facility just off of the Bronx River Parkway's exit 6. 324. Michigan............... Ultra thin demonstration project $60,000.00 resurfacing of Mitchell Road from the City of Petoskey limits east to Division, Emmet County. [[Page 6115]] 325. Florida................ Widen U.S. 17 to 4 lanes in $12,000,000.00 Putnam County, Florida. 326. New York............... Enhance road and transportation $50,000.00 facilities in the vicinity of the Brooklyn Children's Museum. 327. Alaska................. Point MacKenzie in Matamuska- $1,000,000.00 Susitna Borough plan and design road access. 328. Nevada................. Construct North Las Vegas Craig $5,500,000.00 Road Overpass at the Union Pacific Railroad Crossing. 329. Pennsylvania........... Design and construct $1,000,000.00 intersection and related upgrades on PA Routes 24 and 124 in York County. 330. Pennsylvania........... Rail Bridge Removal and $1,400,000.00 intersection improvements, Cameron and Paxton Streets, Harrisburg. 331. Oregon................. Construct sidewalks and improve $1,000,000.00 storm drainage and gutters for the city of Medford, Oregon's, Safe Walk Plan. 332. New York............... I-81 Corridor Improvements from $3,000,000.00 Hancock Intl. Airport to and including the reconstruction of the Interchange at I-690. 333. Wisconsin.............. Reroute State Highway 11 through $911,000.00 Burlington, Wisconsin. 334. California............. Construct sound barriers at the $150,000.00 I-5/S.R. 54 Interchange, National City. 335. Illinois............... Reconstruction and widening of $8,010,000.00 the Illinois Route 60 bridge over Interstate 94 in Lake Forest, Illinois. 336. New York............... Construction of and improvements $1,000,000.00 to Lovejoy Avenue in Buffalo. 337. Missouri............... Construction of replacement for $16,300,000.00 Interstate 44 & US 65 Interchange, Springfield, MO. 338. New York............... Funds an intermodal $1,000,000.00 transportation facility on Clarkson Avenue in Brooklyn. 339. Michigan............... Novi, Reconstruct Grand River $1,000,000.00 between Novi Rd. and Haggerty. 340. California............. Construct bypass along $8,000,000.00 California Hwy 101 around the town of Willits. 341. New York............... Rehabilitate bike and pedestrian $124,000.00 path in Utica Marsh. 342. Tennessee.............. Improve circuitry on vehicle $57,000.00 protection device installed at railroad crossing in Knoxville, TN. 343. New York............... Develop terminal facilities for $4,600,000.00 water taxi projects, New York City. 344. Utah................... Northern Corridor, St. George... $6,000,000.00 345. Alaska................. Planning and design of a bridge $3,000,000.00 joining the Island of Gravina to the community of Ketchikan. 346. Massachusetts.......... Construct 3.5 mile Grand Trunk $750,000.00 Trail, Sturbridge/Southbridge. 347. Illinois............... Provide a four-lane connection $500,000.00 between Rt. 13 and Rt. 45 near Harrisburg. 348. Indiana................ Construct US 31 Freeway Project $25,000,000.00 for St. Joseph and Marshall Counties. 349. Virginia............... Reconstruct Route 20 at/adjacent $1,000,000.00 to Montpelier for entryway project. 350. Michigan............... repave Caseville Road from state $500,000.00 highway M-142 to state highway M-25. 351. Maine.................. Plan and construct North-South $4,000,000.00 Aroostook highways, to improve access to St. John Valley, including Presque Isle Bypass and other improvements. 352. Illinois............... Village of South Jacksonville, $800,000.00 West Vandalia Road upgrades. 353. Alabama................ US 278, 4-laning 10.5 miles $1,000,000.00 between Sulligent and Crews, AL. 354. New York............... Construct bicycle/pedestrian $1,000,000.00 trail on old Mahopac RR right of way in Westchester County- NY. 355. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition, and construction of intersection improvements and safety enhancements, Borough of Throop in Lackawanna County. 356. Georgia................ Decatur Bikeway................. $200,000.00 357. Virginia............... Repair of Commonwealth Blvd $500,000.00 Bridge in Martinsville. 358. New Mexico............. I-25 Tramway Interchange: I-25 $2,000,000.00 and Tramway Interchange. 359. Wyoming................ Casper West Belt Loop:Construct $2,000,000.00 new connector route between Highway 220 and US 20-26. 360. Maryland............... Hughesville Bypass--relocation $10,000,000.00 of MD 5 from end of divided highway south of Hughesville to end of the divided highway north of Hughesville. 361. Pennsylvania........... Construct the widening of PA 94 $1,500,000.00 from the Adams/York County line north to Appler Road in Adams County. 362. Arkansas............... Upgrade Nevada County Roads 7, $400,000.00 4, 17, and 6. 363. Oregon................. Preliminary engineering and $200,000.00 construction of a railroad crossing at the intersection of Havlik Drive and Highway 30, Scappoose. 364. Tennessee.............. Widen SR-36 to five lanes in $1,000,000.00 Washington County. 365. Ohio................... SR 20/Mentor Rd. road widening $350,000.00 and safety improvements in the Town of Painesville. 366. Missouri............... Improve intersection of the I-44 $500,000.00 and Missouri Route 100 interchange and the Shaw Nature Reserve Access near Gray Summit, Missouri. 367. Georgia................ Resurface and widen Jac-Art Road $200,000.00 as part of Bleckley County Development Authority project. 368. New Jersey............. Widens the intersection, $2,700,000.00 replaces bridge structures and improves other road segments leading to the intersection NJ Route 57/ CR Route 519 in Warren County. 369. Illinois............... Widen U.S. Route 67 from Macomb $3,000,000.00 to Illinois 101. 370. Minnesota.............. To expand Stearns County Road 4 $2,000,000.00 from 4 to six lanes and realign Stearns County Road 134. 371. Tennessee.............. Extension of SR-449 in Sevier $500,000.00 County, now under construction. 372. South Carolina......... Construction to improve Assembly $1,500,000.00 Street between Pendleton Street and the Williams-Brice stadium to eliminate roadway-rail. 373. Alabama................ 20 mile limited access corridor $3,000,000.00 from US highway 80 to US highway 231 and I-85. 374. California............. Roadway surface improvements, $800,000.00 street lighting, and storm drain improvements to South Center Street from Baughman Road to State Route 78/86, Westmoreland. 375. Georgia................ South Lumpkin Road Trail $1,000,000.00 [pedestrian, bicycle, jogging, safety upgrades], Columbus. 376. Wisconsin.............. Reconstruct State Highway 16 $4,000,000.00 (Columbus to Hwy. 26), Dodge County, WI. 377. Georgia................ Buford Highway pedestrian safety $2,500,000.00 improvement. 378. New York............... Construct visitor center, access $750,000.00 road and parking at Sam's Point Preserve, Ellenville. 379. Texas.................. Completion of the 3rd and 4th $16,000,000.00 phases on the Marsha Sharp Freeway, US 82-62. Construction between Chicago and Salem Avenues. 380. Massachusetts.......... Westford Street-Wood Street- $750,000.00 Rourke Bridge Corridor improvements, Lowell. 381. Texas.................. Interchange of I-10 and SH99 $5,000,000.00 (the Grand Parkway), a multi- lane highway that will form a third loop around Houston. 382. New Jersey............. Safety improvements and widening $1,000,000.00 Route 206 and CR 513 Main Street (Route 24). 383. New York............... Comprehensive traffic congestion $750,000.00 mitigation study of Hauppauge Industrial Park and surrounding area, Suffolk County. 384. Georgia................ SR 133 upgrade, Dougherty/ $1,000,000.00 Colquitt Co. 385. New York............... Construction, re-design and $3,000,000.00 improvements to Fargo Street in Buffalo. 386. Washington............. Spokane Advanced Traffic $500,000.00 Management System Expansion: Expand existing Intelligent Transportation System (ITS) in City of Spokane. 387. Michigan............... M-13 Washington Avenue $1,500,000.00 Streetscape Project - Phase II of High Priority Project 192 in PL 105-550, Saginaw. 388. Guam................... Reconstruct Hagatna River $6,000,000.00 Bridges, Municipality of Hagatna. 389. New York............... Hopewell Junction Bypass Road in $1,000,000.00 Town of East Fishkill- NY. 390. New York............... Implement Improvements for $1,000,000.00 Pedestrian Safety in Bronx County. 391. Illinois............... Upgrade streets and implement $7,740,000.00 traffic and pedestrian safety signalization improvements, Oak Lawn. 392. California............. Widening on Bear Valley Pkwy, $2,000,000.00 City of Escondido, Citrus Ave to Valley Pkwy and to northern city limit, local arterial. 393. California............. Reconstruction and repair of $784,000.00 pedestrian walkways in and around the campus of California State University Northridge to improve traffic and safety. 394. New York............... Study of goods movement through $1,500,000.00 I-278 in New York City and Northern New Jersey to be conducted by Region II University Transportation Research Center. 395. Missouri............... Mississippi Riverfront Bicycle/ $300,000.00 Pedestrian trail connecting with Columbia Bottom conservation area. [[Page 6116]] 396. New Jersey............. Route 22 Sustainable Corridor $2,000,000.00 Plan. 397. Minnesota.............. Reconstruct Unorganized Township $1,025,000.00 Road 488 from CSAH 138, Koochiching County. 398. New York............... Widening and resurfacing of a $275,000.00 one-mile stretch of the bicycle path from Boston Post Rd. to Playland Park, Rye. 399. Arkansas............... Construction of roadway for SE $2,080,000.00 Intermodal, Drew/Bradley Counties. 400. Virginia............... Widen Rt. 33 at High Street, $500,000.00 Harrisonburg. 401. Indiana................ New road construction of Dixon $2,000,000.00 Road from Alto Road to Greentree Lane and Dixon Road from Markland Avenue to Judson Road in Kokomo, Indiana. 402. Georgia................ Design, right of way acquisition $2,000,000.00 and construction of Fulton County Industrial Blvd. 403. Louisiana.............. Essen Lane at I-12; Perkins $30,000,000.00 Road; Central Thruway; O'Neal Lane; LA 408 study; and Burbank Drive; and Essen Park Extension in East Baton Rouge Parish. 404. Alabama................ Patton Island Bridge Corridor $10,000,000.00 connecting Colbert and Lauderdale Counties. 405. Pennsylvania........... Improve Route 89 one mile north $300,000.00 of Titusville. 406. South Carolina......... Construction of Safety $2,000,000.00 Improvements and Beautification along I-385. 407. Illinois............... Engineering and right-of-way $500,000.00 acquisition to widen 95th Street between Plainfield- Naperville Road and Boughton Road. 408. Minnesota.............. Environmental impact statement $1,300,000.00 for improvement along the entire US 10 corridor. 409. Idaho.................. Widen US-95 from 2 to 4 lanes $6,000,000.00 from Worley to Mica Creek. 410. Kentucky............... Rehabilitate US 127 from US 127 $1,000,000.00 South (Hustonville Rd.) to the Mercer County line, Danville. 411. California............. Improvements to increase beach $2,000,000.00 access, prevent storm drain failure and accommodate increasing pedestrian traffic on The Stand, Manhattan Beach. 412. Pennsylvania........... Construct a new parking facility $5,000,000.00 for the Cruise Terminal Transportation Center within the Philadelphia Naval Business Center. 413. Washington............. To replace BNSF trestle, $2,000,000.00 Sammamish River bridge and reconstruct SR202/127th Pl NE and SR202/180th Ave NE intersections. 414. New York............... Roadway improvements in Village $4,350,000.00 of Schuylerville, including Routes 4/32 & 29. Includes infrastructure, mobility, safety and streetscape improvements. 415. New York............... Reconstruction of Route 59 from $1,000,000.00 Sickletown Road to Route 303, Rockland County. 416. Kansas................. Construction of a 1.5 mile new $500,000.00 roadway truck route in Downs, KS. 417. Hawaii................. Upgrade Farrington Highway...... $2,800,000.00 418. California............. Upgrade Jepson Parkway at the $2,000,000.00 North and South Access Gates of Travis Air Force Base and widen Vanden Road segment, Solano County. 419. California............. Will add landscaping $2,500,000.00 enhancements along the freeway for aesthetic purposes in Ventura County. 420. South Carolina......... Palmetto Trails Project - a $2,000,000.00 statewide bicycle and pedestrian trails project connecting historic sites, important natural landscapes and many communities. 421. Oklahoma............... Widen US 60 between Bartlesville $2,000,000.00 and Pawhuska, Osage County. 422. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition, and construction of intersection improvements and safety enhancements, Borough of Moosic in Lackawanna County. 423. California............. Construction of a .2 miles $2,000,000.00 section of Poinsettia Lane in the City of Carlsbad, local arterial. 424. Michigan............... Reconstruct Lake road in $805,000.00 Ironwood from Margaret Street to Airport Road, Gogebic County. 425. Georgia................ Widening of GA SR 400 from 4 $10,000,000.00 lanes to 6 lanes between Haynes Bridge Road and McFarland Rd. 426. Illinois............... Construct road from Rt.13 to $800,000.00 Carterville Herrin Road, Herrin. 427. Tennessee.............. Construct and Widen State Route $5,000,000.00 33 in Monroe County. 428. Pennsylvania........... Replace traffic signals, $1,200,000.00 optimize signal timing devices, and install traffic calming devices and new signage through construction in Mechanicsburg. 429. Indiana................ 1.5 mile rd ext., Allen Cnty, $11,000,000.00 IN. The project is the 1.5 mile road extension from Lake Ave. to State Road 930. 430. New Jersey............. Construct Parking Facility at $2,000,000.00 Union City Intermodal Facility. 431. New York............... Construction of and improvements $1,000,000.00 to Union Road in West Seneca. 432. Alabama................ Birmingham Northern Beltline.... $20,000,000.00 433. Florida................ Removal and replacement of $750,000.00 Columbus Street bridge, Hillsborough County. 434. North Carolina......... Rerouting of Holly Springs $1,000,000.00 Church Road (NCSR 1815) beginning near the intersection with Airport Road (NCSR 1876) to Janice Drive (NCSR 1894) near Mount Airy in Surry County. 435. California............. Implement and maintain an $500,000.00 incident management system for I-880 and I-80, Alameda and Contra Costa Counties. 436. California............. Replace South Access to Golden $6,000,000.00 Gate Bridge, San Francisco. 437. California............. Construct an auxiliary lane on $12,900,000.00 Highway 17 between Camden and Hamilton Avenues, Campbell. 438. California............. Cabot-Camino Capistrano Bridge. $838,690.00 Construction of a bridge that will connect highways Camino Capistrano and Cabot Road. 439. California............. Realign State Route 79 from $2,000,000.00 Gilman Springs Road to Domenigoni Parkway in San Jacinto. 440. Illinois............... Construct bikepath and $3,000,000.00 pedestrian walkway along Western Avenue; construct access road for West Ridge Nature Preserve, Chicago. 441. California............. Pasadena Multi-modal intelligent $2,500,000.00 transportation system: traffic management center upgrade, transit management system, parking guidance system, the City of Pasadena. 442. New York............... Rehab Rt 35/202 from Bear Mtn $1,575,000.00 Parkway to Taconic Parkway in New York State DOT. 443. Hawaii................. Construct Waimea Bypass......... $1,000,000.00 444. Kansas................. Construct I-35/Lone Elm Road $1,000,000.00 interchange and widen I-35 from 151st Street to 159th Street, City of Olathe. 445. Texas.................. Complete State Highway 146, $500,000.00 Baytown. 446. New Jersey............. Rehabilitation of West Broadway $3,500,000.00 Bridge, Paterson. 447. Illinois............... Improve safety of horizontal $80,000.00 curve on 725th St. in Grandview Twp. 448. Georgia................ New interchange on I-95 at $5,000,000.00 Horsestamp Rd. 449. Michigan............... Implement driveway control along $2,500,000.00 the 3 lane segment of US-31 North and South of Honor, Michigan. 450. Michigan............... Resurface 3.51 miles of Hamilton $640,000.00 and Wessel Roads, Alpena County. 451. Mississippi............ Pirate Cove Interchange/Access $500,000.00 Rd:I-20 Interchange and access roads linking I-20 to US Hwy 80. 452. California............. Implement streetscape project on $3,500,000.00 Central Avenue from 103rd Street to Watts / 103rd Street Station, Watts. 453. New York............... Improvements on Lower Rd. in $175,000.00 Town of Minisink-NY. 454. Ohio................... Construct SR 104 into a 4 lane $6,000,000.00 facility with a turning lane in Ross County. 455. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition, and construction of intersection improvements and safety enhancements, Borough of Old Forge in Lackawanna County. 456. New York............... Reconstruct NYS Rt. 12 (Rt 20 to $4,927,000.00 Waterville North Village Line). 457. Michigan............... Reconstruction of Intersection $960,000.00 at Woodside Avenue and Borton Avenue,Essexville. 458. Pennsylvania........... US Route 13 corridor $5,000,000.00 reconstruction, redevelopment, and beautification in Bucks County. 459. Maryland............... Jones Falls Greenway (hiker/ $4,000,000.00 biker trail). Funding for Baltimore City to construct Phase 2 of this urban trail. 460. California............. Construct grade separation at $2,000,000.00 State College Blvd., Fullerton/ Anaheim. 461. New York............... Reconstruction of Herald and $500,000.00 Greeley Squares, New York City. 462. Florida................ Alternate US 19, Tyrone Blvd. at $6,000,000.00 72nd St., St. Petersburg. 463. California............. Reconstruct overcrossing and $4,000,000.00 interchange at Interstate 10 & Tippecanoe Ave in Loma Linda. 464. Florida................ State Road 9B / I-295 Extension $3,500,000.00 and Connection (Duval County). [[Page 6117]] 465. Illinois............... Construction of a new $550,000.00 intersection of a public road at U S Route 50 in Olney. 466. Missouri............... Intelligent Transportation $500,000.00 System pilot deployment to enhance efficiency and security of cargo in Kansas City region. 467. Connecticut............ Widen Route 34, Derby........... $3,000,000.00 468. Texas.................. Arlington, IH-30 at FM 157 $2,000,000.00 (Collins) and Center Street interchange improvements. 469. Tennessee.............. Widen State Route 62 in Knox $6,500,000.00 County, TN. 470. Massachusetts.......... Rehabilitation of Whittier $2,000,000.00 Bridge which carries Route I-95 over the Merrimack between Amesbury and Newburyport. 471. California............. Port of Hueneme Intermodal $4,700,000.00 Access Improvement Project, including grade separation at Rice Avenue/State Route 34; road widening at Hueneme Road. 472. Arkansas............... Improve County Road 75, Polk $200,000.00 County. 473. Florida................ Construction and four-laning of $3,500,000.00 State Road 80, Hendry County. 474. Ohio................... Improve roads and bridges, City $3,000,000.00 of Youngstown. 475. Wisconsin.............. Reconstruct East Washington $7,050,000.00 Avenue, Madison. 476. California............. Widening of State Route 76 from $5,000,000.00 Melrose Drive to I-15. 477. Nebraska............... Planning and design of sections $300,000.00 of the Heartland Expressway located in and around the cities of Scottsbluff and Gering, Nebraska. 478. Illinois............... ITS deployment, Cook County..... $160,000.00 479. South Carolina......... Design, acquire land, and $2,255,000.00 undertake improvements to the South Corridor project from York County to City of Charlotte. 480. Texas.................. Making transportation corridor $1,500,000.00 improvements along I-69 from Palo Alto to the U.S-Mexico border at Brownsville Navigation District. 481. North Carolina......... Upgrade portions of US 220 $2,500,000.00 (future I-73/74) to interstate standards in Montgomery County, NC. 482. Kentucky............... Construct the main street $500,000.00 connector between Lisa Lane and Main Street, Stanton. 483. Pennsylvania........... Construct access ramp from SR $2,000,000.00 247/SR 1012 into Valley View Business Park, Lackawanna County. 484. Florida................ Construct I-95/Matanzas Woods $4,000,000.00 Parkway Interchange in Flagler County, Florida. 485. Michigan............... CR 515 from US2 & US41 in Rapid $320,000.00 River to County Road 446 at Days River Road - bituminous overlay and joint repair, Delta County. 486. California............. Construct truck lane from $4,000,000.00 Britannia Blvd to the Otay Mesa Port of Entry, San Diego County. 487. New York............... Rehabilitate bridges in Tompkins $2,500,000.00 County-Ithaca Secondary Line. 488. California............. Improve Glendale Freeway $2,500,000.00 Terminus to provide pedestrian access, construct sound barriers, and implement landscaping, Los Angeles. 489. Pennsylvania........... Three at grade rail crossings $500,000.00 along Amtrak Keystone Corridor need to be closed for safety reasons. 490. New Mexico............. Planning, design and $2,000,000.00 construction of bikeways, walkways and underpass at the City of Santa Fe's downtown railyard redevelopment project. 491. Indiana................ Construct grade separated $2,000,000.00 interchange at Hively Avenue in the City of Elkhart. 492. New York............... Erie Canalway National Heritage $500,000.00 Corridor Transportation Enhancement Project. 493. Texas.................. Hwy 80/123 overpass at Hwy 181, $300,000.00 Karnes County. 494. New York............... Improve uptown streets, Kingston $594,500.00 495. Ohio................... Reconstruct US Route 6, Rocky $2,000,000.00 River. 496. Illinois............... Complete 80,000 lb. truck route $3,000,000.00 between C.H. 2 (Burma Rd.) and Il Rte 130 in Cumberland County. 497. New York............... Realignment & rehab of Kirk Lane $100,000.00 Drive in Town of Carmel-NY. 498. Florida................ New systems interchange ramps at $5,000,000.00 SR 417 and Boggy Creek Road in Orange County, Florida. 499. Illinois............... Widen U.S. Route 34 from U.S. 67 $4,000,000.00 to Carmen Road. 500. Washington............. 41st Street Bridge Widening, $3,500,000.00 Everett. 501. New York............... Improvements to Intermodal $1,000,000.00 transportation facility at Fort Totten, New York. 502. Tennessee.............. Construct pedestrian bridge in $1,000,000.00 Alcoa. 503. Texas.................. Additional right-of-way along US $1,000,000.00 71 north of Texarkana along the Arkansas-Texas state line. 504. Florida................ Shops of Sherwood Access Road, $1,500,000.00 Jacksonville. 505. Arkansas............... Widen Jefferson Parkway, $500,000.00 Jefferson County. 506. Alaska................. Make necessary improvements to $2,000,000.00 Indian River Road in City and Borough of Sitka. 507. California............. Construction of new freeway $4,000,000.00 lanes, including HOV lanes at US HWY 50 and Empire Ranch Road, Folsom, CA. 508. Arkansas............... Hwy 65 improvements including $1,200,000.00 construction of passing lanes, bridge improvements, intersection improvements and other roadway improvements, Van Buren County. 509. Missouri............... Relocate this portion of I-44 $2,000,000.00 between Route D and Sugar Tree Road in West Phelps County. 510. Iowa................... Phase III of the Main Street $1,000,000.00 project, Amana. 511. Florida................ Improvements of segments of US $8,000,000.00 Highway 27 from SR 540 to SR 544 and from I-4 to US 192, in Polk County, FL. 512. Tennessee.............. Upgrade circuit at gates/lights $100,000.00 for Bristol grade crossing (USDOT#731120J) to intelligent systems that eliminate current variability. 513. New York............... Improvements and restoration at $2,700,000.00 old US Rt 9 & Van Cortlandt Manor in Village of Croton on Hudson. 514. Minnesota.............. New Interchange at I-35 and CSAH $3,000,000.00 2 in the city of Forest Lake. 515. West Virginia.......... Construct Coalfields Expressway. $7,200,000.00 516. New Jersey............. Route 46 & Main Street, Lodi - $2,000,000.00 Roadway and Drainage Improvements. 517. Nevada................. Construct a series of 4 system- $16,500,000.00 to-system interchanges on the Clark County Beltway. 518. Missouri............... Design, Right of Way and $5,200,000.00 Construction of Highway 13- Branson West By-Pass, Stone County, MO. 519. Tennessee.............. Reconfiguration and Removal of I- $1,000,000.00 40 and I-55 ramps to reduce heavy traffic volumes on Riverside Drive. 520. Pennsylvania........... PA Route 309 roadway $2,000,000.00 construction and signalization improvements in Tamaqua Borough. 521. California............. Improve Ave 12-Fwy 99 $1,500,000.00 interchange; create five lanes and install traffic signals. Construct Road 29 entrance east of the interchange. 522. California............. Improve 16 roads, bridge and one $2,000,000.00 bike path in Mariposa County. 523. Pennsylvania........... Swamp Road corridor safety and $3,500,000.00 roadway improvements. 524. Alaska................. Crooked Creek Road to the mine $15,000,000.00 site at Donlin Creek. 525. California............. Widen Wilmington Ave from 223rd $2,000,000.00 street including ramp modifications, Carson. 526. Florida................ Route 610 Widening, Greensville $500,000.00 County. 527. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of St. Roberts Bellarmine. 528. Hawaii................. H-1 Counterflow Zipper Lane..... $4,000,000.00 529. Texas.................. SH 205--Widen 2 lane to 6 lane $2,000,000.00 urban divided highway north of SH 66 to SH 276. 530. California............. Improvements at First Street and $2,000,000.00 Erringer Road. The project will widen off ramps and surface streets. 531. Florida................ Construct St. Augustine to $2,900,000.00 Palatka Rail Trail in Northeast Florida. 532. Ohio................... Construct connector trail $1,000,000.00 connecting Xenia to Jamestown to Washington Court House. 533. California............. Construct new interchange at I- $2,000,000.00 15 and State Route 18(Falchion Road) and provide new highway access to U.S. 395. 534. Illinois............... Construct Streetscape project on $2,000,000.00 Morse Avenue from Clark Avenue to Sheridan Road, Chicago. [[Page 6118]] 535. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition, and construction of street improvements and safety enhancements, Borough of Plymouth in Luzerne County. 536. Ohio................... Road widening and safety $3,000,000.00 improvements to Pettibone Rd. in the City of Solon. 537. New York............... Improvement of road and bridges $2,000,000.00 between 2 state highways leading to Stewart International Airport in New Windsor-NY. 538. New York............... Re-construction, re-design and $8,000,000.00 improvements to Ohio Street from Fuhrmann Boulevard to Michigan Avenue in Buffalo. 539. New York............... Implements traffic calming $800,000.00 measures using streetscape improvements from Court to Smith Street. 540. Illinois............... Extension of Willow Creek Trail, $100,000.00 engineering of an 8-mile trail from Rock Cut State Park to the Long Prairie Trail in Caledonia, Grand Illinois Trail System. 541. California............. Construct highway connecting $10,000,000.00 State Route 78/86 and State Route 111, Brawley. 542. New York............... Construct Auburn New ``Connector $2,000,000.00 Road'' - New highway between Rt. 5 and Rt 34. 543. Kentucky............... Reconstruct Turkeyfoot Road from $2,000,000.00 Autumn to Richardson. 544. Georgia................ Stone Mountain-Lithonia bikeway $1,200,000.00 and sidewalks. 545. Washington............. Roosevelt Extension/SR 538 at $4,000,000.00 Urban Avenue to Cameron Way, Mount Vernon. 546. Ohio................... Construct Farm Road Project, $550,000.00 Gallia County. 547. California............. Construction of improvements to $3,000,000.00 the Western Placerville Interchanges on SR 50 between the Missouri Flat Road Over- crossing and the Placerville Drive under-crossing in and near the City of Placerville in El Dorado County. 548. New York............... Implement Improvements for $1,000,000.00 Pedestrian Safety in Richmond County. 549. Georgia................ Construction of the U.S. 411 $14,000,000.00 Connector between U.S. 41 and I- 75 in Floyd and Bartow Counties. 550. Illinois............... Construct streetscape project at $2,220,000.00 the intersection of Foster and Kedzie, Chicago. 551. Pennsylvania........... Construct Campbelltown $2,000,000.00 Connector, Lebanon County. 552. Illinois............... Complete construction of route $625,000.00 from Industrial Park Drive to Bakery Boulevard, DuQuoin. 553. Iowa................... Extend Muscatine Mississippi $500,000.00 River Levee Trail in Iowa. 554. California............. Project design, environmental $500,000.00 assessment, and roadway construction of Lonestar Road from Alta Road to Enrico Fermi Drive, San Diego County. 555. Minnesota.............. Roadway improvements, City of $1,000,000.00 Federal Dam. 556. American Samoa......... Village road improvements for $3,000,000.00 Launiusaelua and Ituau counties in the Central District. 557. California............. Elk Horn Boulevard Widening to $1,000,000.00 SR 99, Sacramento, CA. 558. Missouri............... Construction of US 71 to $15,000,000.00 Expressway status, McDonald County, MO. 559. Pennsylvania........... Construction of University $1,000,000.00 Boulevard interchange on PA 60 Business near Pittsburgh International Airport. 560. New York............... Rehabilitation of North and $2,160,000.00 South Ridge Street and Wappanocca Ave. in the Village of Rye Brook and City of Rye. 561. Ohio................... Construction of a connector road $500,000.00 between Orchard Land and Factory Rd in Beavercreek, OH. 562. West Virginia.......... Construct I-74/74 Corridor, $11,200,000.00 Mercer Co. 563. Illinois............... Eldamain Road: Construction of $5,000,000.00 the Eldamain Road Bridge over the Fox River. 564. Kentucky............... Reconstruct I-275/KY 212/KY 20 $2,000,000.00 interchange. 565. South Carolina......... Transportation infrastructure $10,000,000.00 improvements in Orangeburg County. 566. Georgia................ Phase III Streetscape $1,500,000.00 [pedestrian safety enhancements, sidewalks, curb replacement, restoration, landscaping, ADA compliance], Columbus. 567. Alaska................. Planning, design, and EIS of $2,300,000.00 Bradfield Canal Road. 568. Rhode Island........... Restore and expand maritime $1,000,000.00 heritage site, Bristol. 569. New York............... Restores Eastern Parkway by $3,000,000.00 adding a bicycle crossing lane and traffic lights. 570. Michigan............... Study of direct highway access $900,000.00 between the I-96/36th Street interchange and the passenger terminal of the Grand Rapids airport. 571. Washington............. Construction of .6 mile span to $5,500,000.00 connect trail and I-5. 572. North Carolina......... Construct the US 74 Bypass $5,000,000.00 around Shelby to add additional traffic-carrying capacity and enhance safety. 573. Texas.................. Improvements to I-35E/I-635 $1,000,000.00 Interchange. 574. Illinois............... City of Oreana ``Original Town'' $884,000.00 road upgrades. 575. Mississippi............ Popps Ferry Road bridge, Biloxi. $4,000,000.00 576. New York............... Improvement of Hatfield Lane in $400,000.00 Village of Goshen-NY. 577. Florida................ Construct SR20/CR 309C/SR 100 $4,000,000.00 Connnector in Palatka, Florida. 578. New York............... This project involves a full $2,400,000.00 reconstruction of all the streets in Long Island City surrounding 11th Street. 579. Washington............. Cultural/Interpretive Center $1,570,000.00 (Hanford Reach National Monument) facility and highway offramps near I-182 and SR240, Richland. 580. Utah................... Reconstruction of State Route $5,000,000.00 158 at Pine View Dam, Weber County, Utah. 581. American Samoa......... Shoreline protection and $1,000,000.00 drainage mitigation for Nuuli village roads. 582. Minnesota.............. Construct Pfeifer Road, remove $251,717.00 10 foot raised crossing, Twin Lakes Township. 583. North Carolina......... Design and construct regional $3,000,000.00 shared use pedestrian and bicycle pathway along Little Sugar Creek. 584. Maine.................. Penobscot Riverfront Development $2,000,000.00 for bicycle trails, amenities, and traffic circulation improvements, Bangor. 585. Virginia............... Reconstruct 3 deteriorating $2,000,000.00 highway bridges and rebuild 2 interchanges on Arlington Boulevard and Washington Boulevard. 586. Tennessee.............. Constuct transportation and $1,000,000.00 heritage museum in Townsend. 587. New Jersey............. Elizabeth Pedestrian Bicycle $546,000.00 Project for the NorthAvenue/ Route 1 transportation corridor. 588. New York............... Construct an access road and $2,700,000.00 make drainage improvements and aesthetic enhancements to area between Ocean Parkway and Oak Beach Park. 589. Virginia............... Blue Ridge Music Center - $2,500,000.00 install lighting/steps, upgrade existing trail system and equip interpretative center with visitor information. 590. Pennsylvania........... Design, engineering, ROW $1,000,000.00 acquisition, and construction of the widening of Pennsylvania Route 443 Corridor Widening, Carbon County. 591. Wisconsin.............. Construct U.S. Highway 41 North $16,400,000.00 of Lake Butte des Morts Bridge, WI. 592. Missouri............... Extension and rehabilitation of $10,000,000.00 Riverside Road (MO Route AC). 593. Texas.................. Engineering, design and $1,000,000.00 construction of freight connector roads along F.M. 511 at Brownsville Navigation District. 594. Nevada................. Widening of US-95 from Craig $5,000,000.00 Road to the Clark County Beltway. 595. New Jersey............. Improve the US Interstate 78 $1,000,000.00 Interchange at Exit 15 in Franklin Township, Union Township and Town of Clinton. 596. Montana................ Build Four Lane Western Bypass $22,000,000.00 on US 93 around Kalispell. 597. North Carolina......... Widen Derita Road from Poplar $2,000,000.00 Tent Road in Concord, NC to the Cabarrus-Mecklenburg County line. 598. Ohio................... Replace Fulton Road Bridge, $1,700,000.00 Cleveland. 599. Texas.................. Pedestrian path and sidewalk $500,000.00 improvements along US 83, Rio Grande City. 600. Texas.................. Widen Hempstead Highway from $2,000,000.00 12th Street to Washington Avenue from four lanes to six lanes. 601. California............. Pine Avenue extension from route $8,500,000.00 71 to Pomona Rincon Road in the city of Chino. 602. Texas.................. Providing preliminary $3,000,000.00 engineering for and constructing a loop in and around Texarkana, along the US 71-I-49 corridor. [[Page 6119]] 603. Michigan............... West Michigan Regional Trail $2,950,000.00 Network connector to link two trail systems together and to Grand Rapids. 604. New York............... Plan and construct greenway $1,440,000.00 along Red Hook, Brooklyn waterfront, and conduct transportation study to improve pedestrian safety and air quality. 605. North Carolina......... Installation of ITS devices $2,200,000.00 along I-85 from North of SR 1002 to North of SR 2120 near Spencer. 606. Wisconsin.............. Construct U.S. Highway 151, Fond $3,000,000.00 du Lac Bypass, WI. 607. Nevada................. Meadowood Interchange: will $2,000,000.00 mitigate traffic congestion on Interstate and arterials in Reno's primary retail center. State Priority. 608. Illinois............... Improve roads, Village of Forest $750,000.00 Park. 609. California............. Reconstruct 152/156 Interception $1,000,000.00 Project, Santa Clara County, CA. 610. Rhode Island........... Restoration of Canal at John $500,000.00 Chafee Blackstone River Valley Heritage Corridor. 611. Illinois............... Widen and resurface South Wall $700,000.00 St, Carbondale. 612. New York............... Intermodal transportation $3,600,000.00 improvements, Coney Island. 613. Texas.................. Construct landscaping and other $2,000,000.00 pedestrian amenities in segments of the Old Spanish Trail and Griggs Road rights-of- way. 614. Pennsylvania........... Construct Route 219 Bypass in $2,000,000.00 the City of Bradford. 615. Minnesota.............. Reconstruct Sucker Bay Road, $2,500,000.00 Cass County. 616. Illinois............... Baseline Rd. Improvement $2,080,000.00 (Montgomery): Reconstruction and realignment of Baseline Road. 617. New Jersey............. Replace steep grade and $1,000,000.00 dangerous two lane bridge on Schooley's Mountain Road. 618. South Carolina......... Fire Station Road Bridge in $230,000.00 Anderson County. 619. Georgia................ Uptown Jogging, Bicycle, Trolley $1,425,000.00 Trail [pedestrian, bicycle, jogging, safety upgrades, trolley lane, skating trail], Columbus. 620. Ohio................... Construct turn lane, install $600,000.00 traffic light, and reorient traffic on SR 146 near Bussemer Lane in Muskingum County. 621. New York............... Funds an intermodal $1,400,000.00 transportation facility on Brooklyn Avenue. 622. Missouri............... Highway 350 upgrade through $1,000,000.00 Raytown. 623. Kansas................. Construction of a two-lane on a $12,800,000.00 four-lane right of way bypass with controlled access on US- 400 at Dodge City. 624. Illinois............... Extends MacArthur Blvd. from $1,500,000.00 Wabash to Iron Bridge Road in Springfield. 625. Minnesota.............. Upgrade CSAH 21 to a 4 Lane $1,000,000.00 divided roadway with left turn lanes at public streets in Scott County. 626. Virginia............... Chestnut Mountain Road - $1,000,000.00 feasibility study, design and construction start for road improvement on National Forest lands. 627. Michigan............... Walled Lake, Decker Rd. between $125,000.00 Maple and S. Commerce. 628. Tennessee.............. Widen State Route 30 from Athens $5,758,000.00 to Etowah. 629. California............. Construction of interchange at $4,500,000.00 State Hwy 86 at Ave 66 in Coachella, CA. 630. Illinois............... Improve roads and enhance area $5,500,000.00 in the vicinity of South Archer Avenue and Midway Airport, Chicago. 631. New Mexico............. Reconstruction of I-40 west of $1,500,000.00 Gallup to maintain safety and travelability of I-40. 632. California............. Construct off ramp at Interstate $3,000,000.00 8/Imperial Avenue Interchange, El Centro. 633. Michigan............... Dynamite Hill Road demonstration $200,000.00 whitetoping on rural major collector leading to industrial park, Baraga County. 634. Texas.................. Reconstruction of US 277 and $6,800,000.00 curb and gutter from the San Felipe Bridge to the approach on Sycamore Creek Bridge in Del Rio. 635. Texas.................. Completion of US 77 relief route $4,000,000.00 around City of Robstown. 636. Maryland............... Construction of interchange at $2,100,000.00 MD4 and Suitland Parkway and widening of MD 4. 637. Washington............. Improve Cemetary Road and $190,000.00 rebuild/widen bridge over U.S. Bureau of Reclamation irrigation canal, Othello. 638. Oregon................. Regional Trails Program for the $4,500,000.00 first phase of three phases of trails in the comprehensive regional system. 639. New York............... Rehab of Village of Kiryas Joel $1,250,000.00 sidewalks, signalization and roadways. 640. Illinois............... Resurface Trumbull Avenue and $350,000.00 Homan Avenue, Evergreen Park. 641. Indiana................ Replace Samuelson Road $3,200,000.00 underpass, Portage. 642. New Jersey............. Bridge replacement and $500,000.00 realignment on Amwell Road Bridge over the Neshanic River in Hillsborough, New Jersey. 643. New Jersey............. Improvement to St. Georges $350,000.00 Avenue from Wood Avenue, Roselle. 644. Ohio................... Construct roadway improvement $250,000.00 project along State Routes 37 and 78 through Fairfield, Perry, Morgan, Noble, Monroe Counties. 645. Michigan............... repave Old State Highway M-51 $500,000.00 from Village of Applegate to Village of Carsonville. 646. Georgia................ Streetscape project to improve $606,000.00 accessibility and safety for pedestrians, Mount Vernon. 647. South Carolina......... US & Bowman Road Interchange, $7,000,000.00 Mount Pleasant. 648. Ohio................... Upgrade grade crossing safety $952,000.00 devices in Elyria and North Ridgeville. 649. Guam................... Construct Route 3A Extension, $3,000,000.00 Municipality of Yigo. 650. California............. I-80 Gilman Street interchange $1,500,000.00 improvements, Berkeley. 651. Texas.................. Reconstruct Ella/Wheatley from $1,250,000.00 Little York to West Gulf Bank. 652. Alaska................. Planning and Design Knik Arm $3,000,000.00 Bridge. 653. Texas.................. Connect Pharr International $10,000,000.00 Bridge to US 83. 654. Michigan............... Pittsfield Greenways Bridge - $275,000.00 Nonmotorized bridge enhancement onto existing Bemis Road Bridge over US-23 to connect Pittsfield Greenways, Pittsfield Charter Township. 655. Connecticut............ Reconstruct I-95 bridge over the $1,500,000.00 Quinnipiac River. 656. Illinois............... Widening existing 2 lanes to 5 $3,360,000.00 lanes; install closed drainage system; add additional right of way and new traffic signals. 657. Illinois............... Widen U.S. Route 51 from Pana to $3,000,000.00 Vandalia. 658. Wyoming................ Widen State Hwy 59:Widen 5 miles $1,000,000.00 of existing 2-lane road to a 4- lane road, w/ a center turn lane. 659. Missouri............... Complete environmental impact $500,000.00 study for North Oak Redevelopment. 660. Michigan............... Hartman-Hammond-Three Mile Road $3,000,000.00 widening and bridge project. 661. Massachusetts.......... Reconstruction of Goddard $2,000,000.00 Memorial Drive from State Route 9 to Airport Drive, Worcester. 662. New Jersey............. Rehabilitation of Route 35 $1,250,000.00 between Point Pleasant and Mantoloking NJ. 663. California............. Harbor Blvd. Intelligent $1,200,000.00 Transportation System (ITS). Widen intersections and add lanes, Garden Grove/Anaheim. 664. New York............... Improvements for pedestrian and $600,000.00 vehicular access to Baychester Avenue and Bartow Avenue. 665. Minnesota.............. Corridor preservation and right $5,000,000.00 of way acquisition from I-494 to the city of Annandale in Wright County, MN. 666. New York............... Rehabilitate Route 13 over $1,020,000.00 Tioughnioga River-bridge access to City of Cortland. 667. Pennsylvania........... Restoration of I-176 from $4,531,000.00 milepost 4 to milepost 7 and restoration of interchanges in Cumru and Robeson Townships, Berks County. 668. Arkansas............... Improvement on County Road 14, $500,000.00 Grapevine. 669. Illinois............... Construct grade separation on $500,000.00 Grand Avenue, Franklin Park. 670. Pennsylvania........... Provide four through lanes on PA $6,000,000.00 100 by constructing two through lanes to the east of Ludwig's Corner. 671. Arizona................ Design Concept Study of Rio $2,800,000.00 Salado Parkway West to connect Loop 202 extension in Phoenix to Loop 303, Buckeye. [[Page 6120]] 672. Illinois............... Expand US Rte 20 to four lanes $3,000,000.00 from Freeport to Galena, IL. 673. California............. Replace Davis Street Highway I- $1,000,000.00 880 overpass, San Leandro. 674. Texas.................. Add shoulders to FM 156 from $4,000,000.00 Ponder, Texas to Krum, Texas. 675. New Jersey............. Preliminary engineering for $1,500,000.00 connection of Route 23 and I-80. 676. Minnesota.............. Construct bridge for Paul Bunyan $1,200,000.00 Trail over Excelsior Road, Baxter. 677. South Carolina......... Bobby Jones Expressway (I-520) - $2,000,000.00 To construct a circumferential route around Augusta, GA, and N. Augusta, SC, that is part of a larger system to relieve traffic congestion. 678. Virginia............... Route 369 - construction of $983,000.00 Route 369 from Southwest Virginia Community College campus to Route 19. 679. Florida................ Belleair Causeway Bridge, $19,000,000.00 Pinellas County. 680. New Jersey............. Roadway improvements in vicinity $1,000,000.00 of Exit 12, NJ Turnpike, Carteret. 681. California............. Widening of two lane SR79 $2,000,000.00 highway to four lanes. 682. Georgia................ Streetscape project to replace $300,000.00 sidewalks in downtown Forsyth. 683. Iowa................... Complete the bicycle and $5,000,000.00 pedestrian trail system for the Des Moines area through the development of a signature Riverwalk project. 684. California............. Improvements (including arterial $3,250,000.00 street rehabilitation) to enhance traffic and pedestrian safety in Reseda, Canoga Park, and Winnetka, Los Angeles. 685. Maine.................. Plan and construct highway $1,000,000.00 access between Route 161 in Daigle to US Route 1, Madawaska. 686. Wyoming................ Bike Path from Jackson to Jenny $2,000,000.00 Lake (25 mi). 687. Pennsylvania........... Construct the realignment of $1,000,000.00 Cool Creek Road in York County, Pennsylvania, or other eligible projects selected by York County, Pennsylvania MPO. 688. Pennsylvania........... Design, engineering, ROW $650,000.00 acquisition, and construction of intersection improvements and safety enhancements, Borough of Dunmore in Lackawanna County. 689. California............. Upgrade roads, traffic signals $1,500,000.00 and turn lanes in order to ease traffic congestion for the Willow/Ashlan & Shaw intersections. 690. New York............... Design and construct pedestrian $544,000.00 and bicycle path (Buttermilk Falls Trail), Ithaca. 691. Pennsylvania........... Redesign and upgrade of I-70 and $1,000,000.00 I-79 South interchange to current federal safety standards. 692. Mississippi............ Martin Bluff Road improvements, $3,000,000.00 Gautier. 693. California............. Improvements to interchange $4,856,000.00 between SR 23 and SR 101. Could include widening of SR 23 from 2 lanes to 3. 694. Washington............. Extension of Waaga Way W to Old $500,000.00 Frontier Rd to complete a portion of the SR3, 303 interchange. 695. Pennsylvania........... The French Creek Parkway and $5,000,000.00 Connector Roads. 696. California............. Coastal Corridor Investments $3,000,000.00 Phase II -A - multi-modal improvements on Rosecrans Avenue between Sepulveda Blvd and I-405, El Segundo. 697. New York............... Plan and construct greenway/ $10,000,000.00 bicycle path/esplanades and ferry landing along New York Bay in Sunset Park, Brooklyn. 698. Mississippi............ Upgrade roads in Gunnison, Mound $2,400,000.00 Bayou, Beulah, Benoit, and Shaw, Bolivar County. 699. Alabama................ Study and Design phase of major $1,000,000.00 north-south West Alabama highway from Muscle Shoals to Mobile. 700. Ohio................... Call Road Paving, and $67,000.00 construction of access improvements in Perry Village. 701. California............. Reconstruct and widen Del Amo $3,000,000.00 Blvd to four lanes between Normandie Ave and New Hampshire Ave, Los Angeles County. 702. Texas.................. Drainage study and engineering $1,000,000.00 for US 83, Starr County. 703. Iowa................... Construct bypass (US 61) around $5,000,000.00 City of Fort Madison, Iowa. 704. New Jersey............. Replace Rockaway Road Bridge $1,000,000.00 over NJ Transit and Rockaway River. 705. Florida................ Replacing the outdated signals $7,000,000.00 along US 19 in Pasco County and linking them together for one computerized system. 706. Maine.................. Improvements to Route 108 to $1,500,000.00 enhance access to business park, Rumford. 707. Arkansas............... Development of grade separation $1,000,000.00 on Highway 165, Stuttgart. 708. Illinois............... Resurface Shawnee College Road, $1,264,000.00 Pulaski County. 709. Pennsylvania........... Design, engineering, ROW $500,000.00 acquisition and construction of surface improvements to the area adjacent to Exit 168 of Interstate 81 at the Wachovia Arena, Wilkes-Barre Township. 710. New York............... Construct Millennium Parkway in $11,500,000.00 the towns of Dunkirk and Sheridan. 711. Connecticut............ Construct Pomfret Pedestrian $120,000.00 Bridge. 712. Illinois............... Resurface Clifton Park Avenue $350,000.00 and South Louis Avenue, Evergreen Park. 713. New York............... Buttermilk Falls bridge $250,000.00 replacement in Town of Warwick- NY. 714. Iowa................... Construction and access between $1,000,000.00 Sioux City, the primary routes leading to the city (Interstate- 29, U.S. Highway 20, U.S. Highway 75, U.S. Highway 77, and Iowa Highway 12.). 715. New Jersey............. Construct United States Avenue $1,000,000.00 bridge, Lindenwold. 716. Ohio................... Land acquisition for $450,000.00 enhancements and pedestrian paths in Silver Lake Township. 717. Minnesota.............. Construct 3 segments of Cuyuna $1,200,000.00 Lakes Trails, Crow Wing County. 718. Missouri............... Construction of diamond $3,000,000.00 interchange at US 71 and Business 71. Final project in US 71 upgrade. 719. Utah................... Reconstruction of Box Elder $3,000,000.00 County Road 523 (Forest Street), Box Elder County, Utah. 720. Virginia............... Improve Main Street in Covington $500,000.00 721. California............. Realign and make improvements to $1,000,000.00 California Hwy 199 between mile marker 22.16 and mile marker 23.65. 722. Ohio................... Construct bike/pedestrian path, $200,000.00 Fairview Park. 723. Florida................ Construct Eastern Connector in $1,000,000.00 East Central Florida. 724. Michigan............... Pittsfield Greenways - 2.5 miles $299,000.00 of pathways to existing Ann Arbor pathways, Pittsfield Charter Township. 725. Tennessee.............. Interchange improvements to $500,000.00 increase traffic safety on US25E between I-81 and Cherokee Lake and bridge improvements to local roads. 726. Pennsylvania........... This project involves widening $1,322,000.00 the intersection of PA 100 and Park Road to accommodate left turn lanes on all approaches and installation of a new traffic signal. 727. Florida................ Pedestrian/bike path $500,000.00 improvements and safety projects in Windermere, Florida. 728. Florida................ Construct high rise replacement $6,000,000.00 bridge and approaches adjacent to existing moveable bridge over the Intercoastal Waterway, Brevard Co, FL. 729. Ohio................... St. Route 8 Safety Improvement $4,000,000.00 and road expansion Project in Macedonia City. 730. New Jersey............. Route 17 Congestion Improvements $12,000,000.00 and Widening, from Route 46 - Williams Avenue, Hasbrouck Heights to Routes 4 & 17 Interchange, Paramus. 731. Iowa................... University Boulevard widening $1,000,000.00 between 73rd St and NW 86th St, Clive. 732. Minnesota.............. Kandiyohi and Meeker Counties $2,440,000.00 Hwy 7 between TH 71 and TH 22. 733. Texas.................. Improvements to Military Road, $400,000.00 Penitas. 734. Ohio................... Bicycle trail and pedestrian $600,000.00 trail construction in Willoughby Township. 735. Missouri............... Conduct Study of US 65 & US 60 $2,000,000.00 Interchange Replacement, Springfield, MO. 736. Connecticut............ Reconstruct I-95/I-91/Rte. 34 $2,000,000.00 Interchange and construct pedestrian walkway. 737. Florida................ Florida Keys Overseas Heritage $2,000,000.00 Trail bridge rehabilitation. 738. Illinois............... Undertake access improvements to $2,000,000.00 Museum Campus, Chicago. 739. New York............... Implement Intelligent $1,000,000.00 Transportation System Sensor Technology to Improve Security at Bridges and Tunnels in Metropolitan New York City. 740. Louisiana.............. Upgrade LA 28 to four lanes from $2,000,000.00 LA 121 to LA 465. 741. Illinois............... Reconstruct Lakeshore Drive $1,500,000.00 overpass over Wilson Avenue, Chicago. [[Page 6121]] 742. Missouri............... Access improvements at US 7 and $3,000,000.00 Interstate 70 and safety and mobility upgrades. Part of Hwy 7 corridor development plan. 743. Wisconsin.............. Reconstruct Marquette $10,000,000.00 Interchange. 744. Minnesota.............. CSAH 21 roadway improvements, $1,000,000.00 City of Ely. 745. California............. Improvement of Culver Boulevard $2,300,000.00 between Elenda and Sepulveda; Sepulveda Blvd between Green Valley Circle and Jefferson Boulevard, Culver City. 746. New York............... Improvements on the Cross Island $3,120,000.00 Bridge Overpass/212 Street and vicinity, Queens, New York. 747. Tennessee.............. Improve State Route 62 in Morgan $2,000,000.00 County near US-27 in Wartburg to Petit Lane from existing two lane highway to four lanes. 748. California............. Develop and implement traffic $1,000,000.00 calming measures for traffic exiting the I-710 into Long Beach. 749. Ohio................... Safety improvements to 2 $1,500,000.00 intersections at Meese Rd. and Easton St. in Nimishillen Township. 750. Hawaii................. Widen Queen Kaahumanu Highway... $4,850,000.00 751. Massachusetts.......... Feasibility and environmental $3,000,000.00 impact study into proposed relocation of New Bedford - Fairhaven (Route 6) Bridge. 752. Pennsylvania........... This project involves realigning $1,649,000.00 the intersection of King of Prussia Road and Upper Gulph Road and provide turning lanes and signalization. 753. New York............... Rehab and realign Union Valley $500,000.00 Rd, beginning at Sandy St. in Town of Carmel-NY. 754. Utah................... Highway 191, Moab............... $400,000.00 755. Idaho.................. New roadway, overpass and $4,000,000.00 connecting intersection to provide access across I-84 in Meridian, Ada County. 756. Michigan............... Greenville, Michigan - Fred $2,000,000.00 Meijer Heartland Trail Completion. 757. Pennsylvania........... PA Route 183 widening and ramp $1,600,000.00 enhancement, Bern Township. 758. Minnesota.............. North-South Corridor with $1,500,000.00 Railroad Overpass, City of Staples. 759. California............. Modifies 9 traffic signals $300,000.00 between Willow Road and Middlefield Road and Hamilton Avenue, Menlo Park. 760. Arkansas............... New Interchange on I-540 near $7,000,000.00 the existing Perry Road overpass in Rogers. 761. Illinois............... Upgrade roads, Village of $800,000.00 Berkeley. 762. California............. Develop bicycle paths and public $5,000,000.00 park space adjacent to the New River, Calexico. 763. Michigan............... Northville, Taft Rd. from 8 mile $500,000.00 north to city limits. 764. Rhode Island........... Route 403 Construction, stage 2 - $6,000,000.00 complete freeway in East Greenwich and North Kingstown, and Rt. 4 to Davisville Road. 765. Arkansas............... Improvements to SH 102 in $1,500,000.00 Bentonville from U.S. 71B to west city limits. 766. Pennsylvania........... Widening of US Route 22 and SR $3,200,000.00 26 in Huntingdon. Upgrades to the interchange at US 22 and State Route 26. 767. Texas.................. Feasibility study to examine the $2,000,000.00 southern route of the La Entrada al Pacifico Trade Corridor. 768. Delaware............... Operational and capacity $2,500,000.00 improvements to critical locations along I-95 in New Castle County. 769. Florida................ Expanding the capacity of a $6,000,000.00 segment of US 19 from Whitney Road to Drew Street in Pinellas County. 770. Michigan............... Upgrade Tilson Road between M-28 $1,000,000.00 South to intersection of M-28 at Rudyard, Chippewa County. 771. New York............... Rehabilitate Bridge Street $1,040,000.00 Bridge in Town of Newark Valley. 772. Tennessee.............. Construct State Route 1/US-70 to $11,500,000.00 a four lane divided highway on new alignment from Centertown to McMinnville, Warren County. 773. Pennsylvania........... Widen Route 22 to eight lanes $8,000,000.00 from the intersection of Route 22 and I-78 in the west to Route 33 in the east. 774. Kentucky............... Reconstruct I-471/KY 8 $2,000,000.00 interchange. 775. Illinois............... Construct road to provide access $2,000,000.00 to Belleville's Citizen Park, Belleville. 776. New York............... Rehabilitate Riis Park Boardwalk $300,000.00 777. California............. Construct right turn lanes, bus $2,400,000.00 turn out lanes, right of way, traffic signals. 778. Indiana................ Study approximately two miles of $150,000.00 railroad to eliminate in-town crossing, thus enhancing safety and reducing congestion in Delaware County, IN. 779. New York............... Improve Montauk Highway from $8,000,000.00 CR46 to Barnes Road, Suffolk County. 780. New York............... Improve Ashburton Ave from the $500,000.00 Saw Mill River Parkway to the waterfront, Yonkers. 781. Arizona................ Widening of I-10 from 40th $4,500,000.00 Street to Baseline Rd. in Phoenix. 782. Georgia................ Build a bridge across Big Indian $1,500,000.00 Creek, Perry County. 783. Georgia................ Streetscape project to upgrade $500,000.00 sidewalks, lighting, and streets, Jeffersonville. 784. Florida................ PALM BAY PARK WAY from Malabar $4,000,000.00 Road to Ellis Road located west of Palm Bay. 785. Pennsylvania........... New interchange off of Rte. 60 $1,000,000.00 into proposed industrial park in Neshannock Township, PA. 786. Louisiana.............. LA 10/Zachary Taylor Parkway, $4,000,000.00 and LA 1148 in Iberville Parish, and LA1/I-10 Connector Study. 787. Illinois............... Improve roads and bridges, $4,000,000.00 Cicero. 788. Georgia................ Streetscape [pedestrian safety $75,000.00 enhancements, sidewalks, curb replacement, restoration, landscaping, ADA compliance, restoration], Quitman. 789. Georgia................ Purchase of 4,000 acres for $2,000,000.00 widening US 441 for mitigation purposes. 790. Minnesota.............. Stillwater-Oak Park Heights $5,000,000.00 Right of Way acquisition for approaches to St. Croix River Crossing. 791. Tennessee.............. Upgrade circuit at gates/lights $100,000.00 for Bristol grade crossing (Hazelwood Street) to intelligent systems that eliminate current variability. 792. Arkansas............... For rail grade separations $12,000,000.00 identified by the MPO for the Little Rock/North Little Rock metropolitan area, (which may include: Edison Avenue; McCain/ Fairfax; Hwy 100; J.P. Wright Loop; Hwy 89 Extension; Geyer Springs Road; Confederate Blvd.). 793. New York............... Construction of and improvements $500,000.00 to Main Street in the Town of Aurora. 794. Alabama................ US 280 - Urban Interchanges from $10,000,000.00 US 31 (Red Mountain Expressway) to Shelby CR 47. 795. California............. Rehabilitate the pavement of $450,000.00 Vincent Avenue between Interstate I-10 and the north city limit, West Covina. 796. New York............... Realignment of Union Valley Rd. $300,000.00 in Town of Carmel-NY. 797. Texas.................. Grade separation of SH 146 over $11,400,000.00 future Port Terminal Railway (PTRA) lead track & Red Bluff Rd. supports proposed Bayport Terminal Complex. 798. Tennessee.............. Continuation of Shelby Avenue- $6,500,000.00 Demonbreun Street project, Nashville. 799. Arizona................ Construction of a four lane $1,500,000.00 tunnel to link Butherus Dr. to Raintree Dr. in Scotsdale. 800. Michigan............... Michigan Intermodal $350,000.00 Transportation Management Center to administer surface, highway, transit, and bridge tunnel intelligent hardware. 801. Pennsylvania........... PA896 between Strasburg Borough $1,000,000.00 and US30 needs to be widened to reduce congestion and to improve safety. 802. New York............... Rehabilitate a historic freight $400,000.00 warehouse in the Erie Canal's Inner Harbor of Syracuse, NY and develop it into a transportation museum. 803. Ohio................... Construct connector road between $2,000,000.00 I-680 and I-80, Hubbard. 804. Nevada................. Design and Construct I-15 $500,000.00 Interchange, Mesquite Nevada. 805. North Carolina......... Expand freeway management system $1,700,000.00 on I-540 through video camera and fiber optic communications installation, Wake County. 806. Michigan............... Design, ROW acquisition, and $2,200,000.00 construction for road widening/ passing lane on US-127 South between M-50 and Michigan 223 and on Michigan 223 toUS-23. 807. Illinois............... Intelligent Transportation $540,000.00 System (ITS) demonstration project. Emphasis will be on improved incident management strategies and collecting/ providing real-time travel information on Lake Cook Road from US 12 and US 41. [[Page 6122]] 808. California............. Widen Harbor Blvd to 8 lanes in $1,000,000.00 Anaheim Resort Area. 809. Indiana................ Reconstruction from intersection $914,000.00 of County Road 500E and US52 to the intersection of County Road 500E and County Road 1200N. 810. California............. Upgrade and extend Commerce $1,750,000.00 Avenue, City of Concord. 811. Nebraska............... Completion of the Columbus, $5,000,000.00 Nebraska, North Arterial road. 812. Florida................ West Avenue Connector Bridge, $3,000,000.00 Miami Beach. 813. Connecticut............ Improve roads and bridges, $1,500,000.00 Connecticut. 814. Massachusetts.......... Reconstruct and enhance Melnea $2,000,000.00 Cass Boulevard, Boston. 815. California............. Preliminary engineering and EIS/ $300,000.00 EIR process for 33-mile long Orange Line mag-lev connecting Los Angeles with Orange County. 816. New York............... Construction of and improvements $1,000,000.00 to Union Road and Walden Avenue in Cheektowaga. 817. Indiana................ 126th St. Project is a 3.9 mile $2,000,000.00 roadway between two high schools in Fisher. St. will expand to 4 lanes with curb. 818. New York............... Bicycle/Pedestrian trail linking $500,000.00 East & West portions of town in Town of Warwick-NY. 819. Texas.................. Construct highway improvements $4,000,000.00 on E. Tidwell, Ley Rd, and E. Little York Rd. 820. California............. Widen and reconstruct Arch- $5,000,000.00 Sperry Road to improve connection between Interstate 5 and State Route 99, San Joaquin County. 821. California............. Construct San Leandro-Oakland $750,000.00 biking and hiking path. 822. Mississippi............ Memorial Boulevard improvements, $1,380,000.00 Picayune. 823. Wisconsin.............. Widen State Highway 29 from I-94 $4,000,000.00 to City of Chippewa Falls. 824. Virginia............... Further widen I-66 westbound $5,000,000.00 from Rosslyn Tunnel to Dulles Access Road. 825. Pennsylvania........... Oakland Portal-Bates Street/I- $1,000,000.00 376 exchange reconfiguration and resignalization and replacement of low clearance bridge carrying the Eliza Furnace Trail. 826. Texas.................. Engineering, Design, $4,000,000.00 Environmental Studies, and right-of-way acquisition for a direct connector interchange from between I-45 and State Highway 146. 827. Illinois............... Construct Leon Pass overpass, $1,000,000.00 Hodgkins. 828. North Carolina......... Lenoir County highway $1,600,000.00 improvements on Crescent Road to NC 58. 829. California............. Auburn Boulevard Reliever Route $2,000,000.00 Under-grounding construction along I-80, Sacramento, CA. 830. New York............... Improve pedestrian and bicyclist $500,000.00 safety along Queens Boulevard in Sunnyside and Woodside, Queens. 831. California............. Build interchange connecting $18,500,000.00 State Route 99 to newly aligned State Hwy 132, Modesto. 832. Michigan............... Van Buren, Belleville Rd. widen $1,000,000.00 to 5 lanes between Tyler and Ecourse. 833. Virginia............... Repair of Starling Av Bridge in $500,000.00 Martinsville. 834. California............. Widen State Route 99 to six $14,000,000.00 lanes between Kingsburg and Selma, Fresno County. 835. Pennsylvania........... Redesigning the intersection of $1,000,000.00 US 322/High Street and Rosedale Ave, constructing a new East Campus Drive. 836. Florida................ Improvements to U.S. 1 between $2,000,000.00 SW 4th street to the south and George Bush Blvd. To the north, Delray Beach, Florida. 837. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of PS 200. 838. Massachusetts.......... Extensions and additions to the $6,000,000.00 existing North Worcester County Bike Path System, including the Hardwick bike path. 839. New York............... Construction of and improvements $500,000.00 to South Park Avenue and Lake Avenue in the Village of Blasdell. 840. Illinois............... Reconstruct Irving Park Road $4,030,000.00 bridge of the North Branch of the Chicago River, Chicago. 841. Washington............. Tacoma Lincoln Avenue - Elevate $1,000,000.00 Lincoln Ave. by constructing a viaduct over existing railroad lines. 842. Ohio................... Road paving, pedestrian traffic $833,000.00 and safety improvements throughout the Village of Bentleyville. 843. Michigan............... Reconstruct Bissonette Road from $623,500.00 Lorenz Road to M65 with 12' lanes and 2'paved shoulders and gravel shoulders, Iosco County. 844. Illinois............... Improve roads and bridges, $1,000,000.00 Village of River Forest. 845. Virginia............... Rocky Knob Appalachian Heritage $1,500,000.00 Center - feasibility study, design, site acquisition for trail system and visitors center on Blue Ridge Parkway. 846. Connecticut............ Improve Plainfield Cemetery Road $300,000.00 and Drainage. 847. Ohio................... Rehabilitation/replacement of $360,000.00 rail grade separations along the West Central Ohio Port Authority route in Champaign and Clark Counties. 848. Ohio................... St.Route 8 Interchange and Ramp $4,000,000.00 Construction in Summit Co. 849. Mississippi............ Upgrade roads in Indianola (U.S. $2,300,000.00 Hwy 82 and 49), Ruleville (U.S. Hwy 82 and 6), Moorehead (U.S. Hwy 82 and 3), Doddsville (U.S. Hwy 49), Sunflower (U.S. Hwy 49) and Drew (U.S. Hwy 49), Sunflower County. 850. California............. Renovation and repair of $100,000.00 Rosemead Blvd-Hwy19 such as new sidewalks, traffic loops, pavement, street lights. 851. Illinois............... Connects about a two-mile two $1,000,000.00 lane segment through Collinsville with IDOT's current project of widening IL- 159. 852. New York............... Improvements to the Far Rockaway $2,400,000.00 Business District, Queens. 853. New Jersey............. Construct new ramps between I- $5,000,000.00 295 and Route 42. 854. South Carolina......... Simmons Ford/Fork School Road $235,000.00 Bridge in Anderson County. 855. Arkansas............... Improvement of Higdon Ferry $4,000,000.00 Road, Hot Springs. 856. California............. Eucalyptus/ Peyton Drive $7,036,110.00 intersection improvements in the city of Chino Hills. 857. Mississippi............ Upgrade roads in Mayersville $200,000.00 (U.S. Hwy 14 and 1), Issaquena County. 858. New York............... Rehabilitation of Guy Lombardo $1,700,000.00 Avenue in Freeport, New York. 859. Indiana................ Extend and improve the Cardinal $2,000,000.00 Greenway in the City of Richmond, Indiana. 860. Virginia............... Reconstruction of Robertson $5,970,000.00 Bridge in Danville. 861. Connecticut............ Conduct multimodal study of $1,000,000.00 Route 8 corridor. 862. Ohio................... Construct an access road into $800,000.00 the industrial park near SR 209 and CR 345 in Guernsey County. 863. California............. Widen South Main Street/Soda Bay $4,000,000.00 Road between CR 400A /miler marker 0.0-mile marker 0.7 and CR502/mile marker 0.0 and mile marker 0.9. 864. Ohio................... Construct grade separation at $3,750,000.00 Stearns Road, Cuyahoga County. 865. Illinois............... Construct DuPage River Bike and $100,000.00 Pedestrian Trail linking Grand Illinois, Midewin, and I&M Canal Trails. 866. Texas.................. Construct parallel bridge for SH $2,000,000.00 35 over Copano Bay. 867. Pennsylvania........... For the City of Philadelphia to $10,000,000.00 begin construction of a low- impact, 2-lane roadway serving the North Delaware Riverfront corridor. 868. Arkansas............... Improvement of Ryburn road, $500,000.00 Parker Loop, Hill Harper Road, Rogers Road, and Shady Grove Road, Cleveland County. 869. Alaska................. Keystone Drive Road Improvements $1,000,000.00 870. New York............... Improve Long and Short Beach $2,100,000.00 Road, Southampton. 871. California............. Widen Avenue P to six lanes to $4,000,000.00 alleviate traffic congestion in Palm Dale, CA. 872. Colorado............... East 104th and US85 $2,000,000.00 Intersection: Study, design and construction of needed improvements to intersection. 873. Alaska................. Construct access road connection $3,000,000.00 from Seward Highway to rail and airport facilities in Seward. 874. Texas.................. Widen FM 380 West from 2 to 4 $5,000,000.00 lanes from the Denton, Texas city limits to western Denton County line. [[Page 6123]] 875. Ohio................... Construct Safety and $100,000.00 Accessibility Improvement project on U.S. Route 40, Bridgeport. 876. Michigan............... repave of Frenchline Road from $500,000.00 state highway M-53 to Juhl Road. 877. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition, and construction of street improvements and safety enhancements, Borough of Duryea in Luzerne County. 878. Alabama................ Create a US-431 bypass around $1,000,000.00 Eufaula, AL. 879. North Carolina......... New route from US 17 in $1,000,000.00 Brunswick County to Independence Boulevard in Wilmington, including new bridge over Cape Fear River. 880. Washington............. Congestion relief on I-405 with $1,000,000.00 added lanes from SR520-SR522 including 2 lanes each way from NE 85th-NE 124th. 881. Illinois............... Resurface Internationale Parkway $100,000.00 between Lemont Road and Joliet Road in Woodridge, IL. 882. Texas.................. Pedestrian walkway improvements $16,000,000.00 for the Main Street Corridor Revitalization Project, Houston. 883. Wisconsin.............. onstruct State Highway 110 $5,000,000.00 (County Highway G to Winchester), Winnebago County, WI. 884. Minnesota.............. Construct 4th Street overpass $199,794.00 grade separation crossing a BNSF Rail Road, City of Carlton. 885. American Samoa......... Village road improvements for $1,400,000.00 Tau, Ofu, and Olosega-Sili counties in Manua District. 886. New York............... Remediate road runoff in $1,000,000.00 vicinity of Peconic Estuary watershed. 887. Texas.................. I35 Replacement Bridge, Dallas.. $10,400,000.00 888. Ohio................... Red Bank Road Widening I-71 to $4,100,000.00 Fair Lane in Hamilton County. 889. Georgia................ Upgrade sidewalks and lighting, $500,000.00 Wrightsville. 890. Louisiana.............. Construct Kansas-Garrett $5,000,000.00 Connector and I-20 Interchange Improvements, Ouachita Parish. 891. Connecticut............ Construct Enfield Maple Street $1,910,000.00 Bridge Replacement. 892. Texas.................. Anzalduas Bridge Connection from $500,000.00 the proposed bridge GSA facilities, north 2.4 miles to connect to Bryan Road, Mission. 893. Ohio................... Paving, access and service road $180,000.00 construction at Gate Lodge site in the City of Akron. 894. Oregon................. I-5/Beltline Interchange........ $15,000,000.00 895. Texas.................. Construction of the Northeast $4,500,000.00 Parkway from Loop 375 to the Texas-New Mexico state line on FM3255, El Paso. 896. Illinois............... Improve streets, Merrionette $500,000.00 Park. 897. Illinois............... For widening from two to four $750,000.00 lanes, the Brookmont Boulevard Viaduct in the city of Kankakee. 898. Georgia................ Create a greenway trail along $2,000,000.00 the Oconee River connecting parks, preserving historic sites, and promoting economic development. 899. Nevada................. Widening of I-15 from US-95 to $6,000,000.00 Speedway Blvd. 900. Pennsylvania........... Conducting environmental review $4,000,000.00 and acquire right of way for preferred alternative to improve Rt. 41. 901. Georgia................ Construct Peter St. and Olympic $2,000,000.00 Drive access perimeter around city of Athens. 902. New York............... Rehab Fishkill Road, culvert $1,200,000.00 replacement at Foundry Brook in Putnam County-NY. 903. Virginia............... Construct Route 29 Bypass in $2,000,000.00 Amherst and Lynchburg. 904. Minnesota.............. Construction of Mesabi Station, $1,300,000.00 City of Virginia. 905. Pennsylvania........... Construction of the Jeannette $1,000,000.00 Truck Route to upgrade access from SR 30 to the City of Jeannette and the Jeannette Industrial Park. 906. Kentucky............... Replace bridge over Stoner Creek $800,000.00 (C-37), 2 miles east of Junction US 27. 907. Texas.................. Construct Arkansas Avenue $4,500,000.00 railroad grade separation project, Laredo. 908. Minnesota.............. CSAH 61 improvements, City of $490,000.00 Coleraine, Itasca County. 909. New Jersey............. Rte. 52 Causeway Replacement & $9,000,000.00 Somers Point Circle Elimination. Replace 4 bridges with fixed span elevated structure, replace circle with intersection. 910. North Carolina......... Study feasibility of widening $2,000,000.00 NC226, initiate preliminary planning and design and make operational upgrades to improve safety. 911. District of Columbia... 11th St. BridgesRehabilitation $32,000,000.00 of structures as well as new ramps to provide for traffic at Navy Yard, Southeast Federal Ctr., and Gateway Government Ctr. 912. Delaware............... Replacement of Indian River $5,000,000.00 Inlet Bridge along SR-1. 913. Tennessee.............. Improve circuitry on vehicle $57,000.00 protection device installed at railroad crossing in Niota, TN. 914. Virginia............... Wolf Creek Trail - development $75,000.00 of trail along Wolf Creek, Washington County. 915. Virginia............... Improve Rt. 221 in Forest, VA... $1,000,000.00 916. Tennessee.............. Widen SR-66 in Sevier County, $2,000,000.00 north of Sevierville to a six- lane facility. 917. Illinois............... Patch, drain, resurface, $1,000,000.00 reshoulder, and reconstruct county highways 8 and 29 at their I-55 interchanges. 918. Mississippi............ State Route 44 rerouting, $3,500,000.00 Columbia. 919. New York............... Pedestrian walkway and bikeway $3,200,000.00 improvements along the NYC Greenway System in Coney Island. 920. Massachusetts.......... Construct Blackstone River $3,500,000.00 Bikeway between Providence, RI and Worcester, MA. 921. Washington............. SR 2/ Main Street/Old Owen Road $540,000.00 Intersection, Monroe. 922. Iowa................... Construct SW connector from the $2,000,000.00 interchange of relocated IA 5 to IA 28 in West Des Moines. 923. Florida................ Construction of US 1 Interchange $6,300,000.00 at CR 210 in St. Johns County, Florida. 924. Massachusetts.......... Reconstruction of the North $8,000,000.00 Washington Street Bridge, Boston. 925. Oregon................. South Bank Trail, Eugene........ $1,920,000.00 926. Minnesota.............. Construct roadway improvements $600,000.00 to CSAH 76, Little Falls. 927. Illinois............... Widen IL Route 47 thru Huntley, $3,900,000.00 IL. 928. Rhode Island........... Replace Sakonnet Bridge......... $9,500,000.00 929. New Jersey............. Study and preliminary $1,000,000.00 engineering designs for a boulevard on State Route 440 and .S. Highway Route 1 & 9, Jersey City. 930. Ohio................... Highway safety construction/ $300,000.00 improvements in Geauga Co on Merrit Rd. 931. Louisiana.............. Develop master transportation $300,000.00 plan for the New Orleans Regional Medical Center. 932. Pennsylvania........... Erie Corridor Upgrades: Peach $1,000,000.00 St. - I-90 to Waterford; Rte. 89 - Rte. 6 to Rte. 8; Rte. 6N - I-79 to Angling Rd.; Rte. 6 - Rte. 89N to Corry; Rte. 6 at: Ranges Corner Hill, E. of Union City, Routes. 89, 8 and 19. 933. Tennessee.............. Create a multi-faceted greenway $8,000,000.00 in downtown Columbia on the Duck River. 934. Michigan............... M-6 Paul Henry Freeway trail $2,660,000.00 design and construction. 935. Mississippi............ Pearl-Richland Intermodal $1,000,000.00 Connector:Intermodal connector linking I-20 to US Hwy 49 and servicing Kansas City Southern Railroad Intermodal facility. 936. Washington............. Bremerton Pedestrian/Bremerton $20,000,000.00 Transportation Center Access Improvement project. 937. California............. Construct Silicon Valley $6,000,000.00 Transportation Incident Management Center, San Jose. 938. New York............... Rehab Rt 9 in City of Peekskill. $1,775,000.00 939. New York............... Construction of and improvements $1,000,000.00 to Niagara Street in Buffalo. 940. Alabama................ Construct interchange on I-59 at $3,000,000.00 49th Street (city of Fort Payne). 941. West Virginia.......... Constructing four lane $44,250,000.00 improvements on US Route 35 in Mason County, West Virginia. 942. Pennsylvania........... Replacement of the Blair Creek $1,600,000.00 Bridge (SR 1010) over the Little Lehigh Creek, just west of the Maple Grove Bridge, in Longswamp Township, Berks County. 943. California............. Improve I-8 offramp at Octotillo $1,000,000.00 to the Imperial Valley College Desert Museum/Regional Traveler Visitor Center, Imperial County. 944. California............. Widen State Route 99 between $3,800,000.00 Tulare and Kingsburg, California. 945. California............. Add carpool lane and truck lane $1,500,000.00 on Interstate 5 in Santa Clarita Valley, CA. 946. Minnesota.............. Construct full diamond $2,100,000.00 interchange for TH 53 at 6th Ave, City of Virginia. 947. Florida................ Improvements to Interstate 75 $34,000,000.00 between Daniels Parkway in Lee County, FL, and Golden Gate Parkway in Collier County. [[Page 6124]] 948. Virgin Islands......... Reconstruct Scott Free Road, St. $7,000,000.00 Thomas. 949. Connecticut............ Construct Groton Bicycle and $380,000.00 Pedestrian Trails and Facilities. 950. Pennsylvania........... Logan Sq. transportation $1,250,000.00 enhancements involving pedestrian, safety, and landscaping improvements to area bisected by Benjamin Franklin Parkway and Logan Circle. 951. New Hampshire.......... Reconstruction and upgrade of $464,000.00 the intersection of NH 130 and Broad Street in Hollis, NH. 952. Alabama................ Additional lanes on US-84 from $1,000,000.00 Andalusia to Enterprise. 953. New York............... Implement Improvements for $1,000,000.00 Pedestrian Safety in New York County. 954. Ohio................... Road Construction parallel to $300,000.00 railway crossing to eliminate use of unsafe grade crossing. 955. Minnesota.............. Construction of primary and $4,000,000.00 secondary access roadways to the Duluth Air National Guard Base, City of Duluth. 956. New Jersey............. Project will separate the $500,000.00 intersection of 13th Street and the Lehigh Rail Line through bridge or tunnel in Borough of Manville, NJ. 957. Ohio................... Expand Cuyahoga Tow Path, $3,250,000.00 Brooklyn Heights and Newburg Heights. 958. Florida................ Improvements to State Road 710, $3,000,000.00 Congress Avenue to Dixie Highway, Palm Beach County. 959. Nebraska............... Construct an Interchange at $1,000,000.00 Pflug Road and I-80, Sarpy County. 960. Georgia................ I - 75 widening from 4-8 lanes, $1,000,000.00 Tift/Lowndes/Turner Co. 961. California............. Monterey Bay Sanctuary Scenic $5,000,000.00 Trail -- connect missing segments of a bike and pedestrian trail around the Monterey Bay National Marine Sanctuary. 962. Illinois............... Construct pedestrian walkways $4,210,000.00 and streetscaping projects, Western Springs. 963. Illinois............... Undertake streetscaping project $5,000,000.00 on Harlem Avenue initiating from 71st Street to I-80, Cook County. 964. Pennsylvania........... SR 3003 Bridge, replace bridge $2,000,000.00 with possible roadway realignment in Mehoopany, Wyoming County. 965. Arkansas............... Construction of I-49, Arkansas $10,000,000.00 portion of Bella Vista Bypass to Pineville, Missouri on current Hwy 71. 966. Ohio................... Improvements to Lauby Rd., an $1,500,000.00 exit off Interstate 77 in the City of Green. 967. Georgia................ SE DeKalb Arterial Analysis..... $1,000,000.00 968. Oregon................. Study landslides on U.S. Hwy. 20 $1,000,000.00 between Cascadia and Santiam Pass to develop long-term repair strategy. 969. Illinois............... Construct connector road from $1,000,000.00 McCormick Blvd. to I-94, Lincolnwood. 970. New Jersey............. Pedestrian facilities and street $400,000.00 lighting on Route 551 from Route 130 to Chestnut Street, Brooklawn. 971. New Hampshire.......... Relocation of the intersection $500,000.00 of Maple Avenue and Charleston Road (Route 12 and 11) in Claremont, NH. 972. Illinois............... Conduct study of Oak Park $1,000,000.00 Environmental Cap. 973. New York............... Construct and improve access $1,500,000.00 roads to Northland Commerce Park in Buffalo. 974. Florida................ I-75 Interchange Improvements in $9,000,000.00 Pembroke Pines, Broward County, Florida. 975. Texas.................. Hike and bike trail will tie $1,000,000.00 into the Gellhorn Dr. project providing an improved multi- modal transportation facility. 976. Tennessee.............. Widen SR-75 to five lanes in $2,500,000.00 Washington and Sullivan Counties. 977. Arkansas............... Repair Clear Creek Bridge and $280,000.00 approaches, Lafayette County. 978. Wisconsin.............. Reconstruct US Highway 41 in $2,000,000.00 Oconto County, WI. 979. Tennessee.............. Improve circuitry on vehicle $96,000.00 protection device installed at railroad crossing in Sweetwater, TN. 980. Oklahoma............... Construction of Norman Grade $2,000,000.00 Separation. 981. Washington............. U.S.-12, Burbank to Walla Walla: $3,000,000.00 Construct U.S. Highway 12 from Wallula to Walla Walla, Washington. 982. Illinois............... Improve roads, Village of $1,328,000.00 Bellwood. 983. Ohio................... Bridge replacement over the $1,300,000.00 Tuscarawas River in Bethlehem Township. 984. New York............... Improve North Fork Trail, $200,000.00 Southold. 985. Arizona................ Construct railroad grade $7,000,000.00 separations (on 6th St. and 22nd St). and reconstruct Speedway Blvd. Underpass, Tucson. 986. California............. Atlantic Blvd Bridge widening, $1,000,000.00 Vernon. 987. Indiana................ Upgrade of US 31 from I-465 to $1,000,000.00 SR 38 in Hamilton County, a distance of 12.5 miles. 988. Connecticut............ Construct Valley Service Road $1,000,000.00 Project, North Haven. 989. Pennsylvania........... SR 3005 Bridge, replace the $1,000,000.00 existing one span steel truss bridge with concrete box beam bridge. In Sterling Township, Wayne County. 990. Puerto Rico............ To provide for the extension of $5,000,000.00 PR-53 between Yabucoa and underserved Maunabo. Project will enhance safety and efficiency while protecting the environment. 991. South Carolina......... Murphy Road West Bridge in $150,000.00 Anderson County. 992. California............. Improve farm to market roads in $6,000,000.00 Tulare County. 993. Illinois............... Phase II engineering study for $2,000,000.00 high level bridge linking Caton Farm Road with Bruce Road. 994. Maine.................. Safety Enhancements on Routes $400,000.00 11, 6, and 16 for Piscataquis County Industrial Development. 995. Mississippi............ Old Augusta Road project, Perry $3,500,000.00 County. 996. Missouri............... Lane widening and shoulder $4,000,000.00 construction as part of larger 92-10 corridor development. 997. Georgia................ Construct a new Interchange at I- $7,757,976.00 75 and CR 65 and perform renovations on CR 65. 998. Texas.................. US 59 just south of Nacogdoches, $3,000,000.00 from Loop 224 south to Spradley Street. 999. New York............... Reconstruct Page Green Road $2,900,000.00 (Starr Road to Congdon Lane). 1000. Massachusetts.......... Reconstruct and enhance $5,000,000.00 Massachusetts Avenue, Boston. 1001. Oregon................. Construct turn lane on Hwy. 101, $200,000.00 Gold Beach. 1002. Florida................ Timucuan Bike Trail in Duval $1,500,000.00 County. 1003. Texas.................. Extension of SH190, the $5,000,000.00 President George Bush Tollway, in Rowlett to IH-30 in Garland. 1004. Colorado............... Bromley Lane and US 85 $2,000,000.00 interchange feasibility study and construction of needed improvements. 1005. Texas.................. SH 158 from US87, N of Sterling $1,500,000.00 City to 9.5 miles west. 1006. Alabama................ Continuous river edge walkway $1,000,000.00 creating a system of parks and open spaces in historic downtown Montgomery. 1007. Wyoming................ U.S. 85 Passing Lanes:Add $2,000,000.00 passing lanes on the hills from Lusk to Mule Creek Junction. 1008. Texas.................. Ennis, US 287 Bypass from US 287 $7,000,000.00 South to IH-45, take from two lanes to four. 1009. Mississippi............ Airport Parkway Connector:Multi- $2,000,000.00 lane limited access highway linking downtown Jackson to Jackson International Airport - western segment of project connecting I-55 to MS Hwy 468. 1010. Tennessee.............. Widen State Route 101 in $8,000,000.00 Cumberland County from two lane highway to five lanes between State Routes 282 (Dunbar Road) and 392, Crossville. 1011. Illinois............... Feasibility study to examine $100,000.00 transportation access improvements related to South Suburban Airport, Will County. 1012. Florida................ Expansion of SR 35 in Marion $3,000,000.00 County. The Project extends from SR 40 south to SR 464. 1013. New Jersey............. Expand Interchange at Exit 16 on $10,000,000.00 Interstate 280, Harrison. 1014. Iowa................... Reconstruct U.S. 30 ``Liberty $10,000,000.00 Square Redevelopment'' in City of Clinton. 1015. Pennsylvania........... Enhance and further build out $4,100,000.00 existing ITIP ITS system, the Philadelphia region. 1016. California............. Conduct Study and Construct $1,000,000.00 Vasco Road Safety Improvements Project, Contra Costa County, CA. 1017. Illinois............... Improve Cottage Grove/South $700,000.00 Chicago Avenue/71st Street intersection, Chicago. 1018. Florida................ Improvements to Interstate 75 $14,000,000.00 between Daniels Parkway in Lee County, FL, and Golden Gate Parkway in Collier County, FL. [[Page 6125]] 1019. Pennsylvania........... Freeport Bridge Rehabilitation $1,500,000.00 for structural improvements, Armstrong County. 1020. Indiana................ Improve Rt. 100 South, Porter $1,000,000.00 County. 1021. Illinois............... Study, design, and construct a $1,000,000.00 designated truck route through the City of Monticello. 1022. Florida................ Upgrade US 301 to 4 lanes $3,000,000.00 between CR475 & Jarrell Ave in Sumter County. 1023. Illinois............... Construct certain segments of $100,000.00 Southern DuPage County Regional Trail. 1024. Texas.................. Reconstruct the I-30 Bridge over $1,000,000.00 the Trinity River in Dallas, Texas. 1025. Ohio................... New highway connector linking $14,000,000.00 U.S. Route 36 and I-71 in Delaware County. 1026. New York............... Conduct corridor study on NYS 5 $80,000.00 in the village of Herkimer. 1027. Texas.................. Reconstruct and elevate FM3005, $500,000.00 Harborside Dr., and Stewart Rd., Galveston. 1028. Florida................ Construction of a new bridge at $1,000,000.00 Indian Street, Martin County. 1029. Ohio................... Construct pedestrian bridge over $2,000,000.00 I77; tunnel underneath railroad; bridge over Tuscarawas River along Ohio and Erie Canal in Tuscarawas County. 1030. Maine.................. Kennebec River Rail Trail....... $400,000.00 1031. Colorado............... Widen and upgrade US 36 from $5,000,000.00 City of Boulder to I-25. 1032. Illinois............... Engineering studies and $1,500,000.00 construction of Romeoville and/ or Plainfield interchange(s) approved by FHWA. 1033. Texas.................. US 380 from Throckmorton/Young $1,000,000.00 County line, 7.409 miles west. 1034. Illinois............... Construction and engineering US $1,000,000.00 Rte 30 to four lanes between Fulton and Rockfalls, IL. 1035. California............. I-5 CIP adds general purpose $5,650,000.00 lanes, HOV lanes & corridor arterial improvements from SR 91 to I-710. 1036. Florida................ I-95 Interchange at Becker Road $2,000,000.00 in St. Lucie County, Florida. 1037. New York............... Implement Diamond Grinding $700,000.00 Measures to Reduce Noise on I- 95, I-278, Mosholu Parkway, I- 495, Grand Central Parkway, and Richmond Parkway. 1038. Missouri............... Construct new Missouri Route 19 $1,000,000.00 Bridge at Hermann, Missouri. 1039. Oregon................. Reroute U.S. 97 at Redmond, OR $5,000,000.00 and improve the intersection of U.S. 97 and Oregon 126. 1040. Texas.................. Improvements to North I Road, $1,900,000.00 north of FM 3461 to SH 495, Hidalgo County. 1041. Tennessee.............. Proposed State Route 385 from US $3,150,000.00 -72 to I-40 in Shelby and Fayette Counties. It is part of an outer loop, around the city of Memphis. 1042. Florida................ Replacement of a two lane bridge $5,000,000.00 with a four lane bridge including bicycle and pedestrian lanes in Bay County. 1043. Pennsylvania........... Intersection improvements at PA $500,000.00 Route 209 and Water Company Road, construction of a bridge and access enhancements to Nature and Arts Center, Upper Paxton Township. 1044. Ohio................... Upgrade Riversouth street $8,000,000.00 networks between Route 40 and I- 70/71 in Columbus, Ohio. 1045. Maryland............... Design and right of way of an $10,000,000.00 interchange connecting MD 5, MD 373, and Brandywine Road, and the widening of MD 5 between Moore's Road and US 301, Charles County. 1046. Virginia............... Town of St. Paul - restoration $300,000.00 of historic Hillman House to serve as trail system information center on and construction of stations. 1047. Arkansas............... Overlay Lester Road, County Road $500,000.00 25, Ouachita County. 1048. Indiana................ Extend Interstate 69 from $10,000,000.00 Indianapolis to Evansville. 1049. Louisiana.............. Construct bridge across Ouachita $1,500,000.00 River from Monroe, LA to West Monroe, LA. 1050. Florida................ Depot Avenue Road Enhancements, $6,000,000.00 Gainesville. 1051. New York............... The Town of North Hempstead's $1,000,000.00 improvements along Prospect Avenue corridor in the hamlet of New Cassel. 1052. California............. Reconstruct the interchange of I- $10,000,000.00 5 and Richards Boulevard and other improvements. 1053. New York............... Rt 17 M Corridor access $500,000.00 management and safety improvements in Orange County - NY. 1054. Oregon................. Construct highway and pedestrian $9,000,000.00 access to Macadam and construct street improvements as part of South Waterfront development. 1055. Mississippi............ Widening of MS Hwy 15: $1,250,000.00 Reconstruction, relocation, and widening segment of MS Hwy 15 from Louisville to Philadelphia. 1056. Illinois............... Next phase of the US Route 51 $1,800,000.00 four-lane expressway extension from Moweaqua to Pana. 1057. California............. Reconstruct 7 miles of Whittier $1,100,000.00 Blvd. from Valley Home to Rivera Road (State Route 72), Whittier. 1058. Louisiana.............. New Iberia rail grade separation $250,000.00 1059. Mississippi............ Feasibility Study for MS Hwy $500,000.00 27:Feasibility study for widening MS Hwy 27 south from Monticello to Louisiana line. 1060. Georgia................ 7.3 mile recreation and multi- $5,200,000.00 use trail in Hall County, Georgia. 1061. District of Columbia... South Capitol Street/Fredrick $20,000,000.00 Douglass BridgeRehabilitation of structures and environmental studies. 1062. South Carolina......... Construction of SC 9 in $9,000,000.00 Spartanburg County. 1063. Florida................ Upgrade of I-75 between SR52 and $1,000,000.00 SR 50 in Pasco & Hernando County. 1064. North Carolina......... Widening of US 29 Business $10,000,000.00 (Freeway Drive) from South Scales Street to NC 14, Rockingham County. 1065. California............. Realign Route 4 within the City $2,000,000.00 of Oakley to construct a northerly bypass west of Vintage Parkway to Main Street at the intersection of Second Street. 1066. Ohio................... Upgrade U.S. Route 30 between $10,090,000.00 State Route 235 and Upper Sandusky in Hancock and Wyandot Counties. 1067. Michigan............... Highland, Pave Clyde Rd. from $125,000.00 Strathcona to Hickory Ridge. 1068. New York............... Improvements to Lexington Ave. $500,000.00 in Village of Mt. Kisco in Westchester County. 1069. New Mexico............. Complete design, environmental $1,500,000.00 and cultural resource studies and initial construction of NM4 around, or improvements through, Walatowa. 1070. California............. Widen California Hwy 101 and $9,000,000.00 reconstruct off ramps between Steele Lane and the town of Windsor. 1071. Virginia............... North Fork of Pound Lake Trail $750,000.00 and Visitors Center - construction of trails network and visitors center on Forest Service land. 1072. Maryland............... Rt. 29 lane widening from Rt. 32 $11,000,000.00 intersection to Johns Hopkins Rd. to reduce congestion and increase safety, Howard County. 1073. Alaska................. Construct linking road from $3,000,000.00 airport to port in Akutan. 1074. Pennsylvania........... California University of $2,000,000.00 Pennsylvania Urban Maglev Demonstration Project. 1075. Virginia............... Engineering and Right-of-Way for $2,000,000.00 Interstate-73 in Henry County. 1076. Indiana................ Widening of 1.2 miles of 4 lane $1,000,000.00 street, with sidewalks in Carmel, IN. 1077. Arkansas............... Improve Johnny Tate Bridge, $280,000.00 Scott County. 1078. Minnesota.............. Phase III of Devil Track Road $1,200,000.00 Project, Cook County. 1079. New York............... Pedestrian access improvements $2,000,000.00 to Main Street in the central business district of Hempstead. 1080. Minnesota.............. Construct Paul Bunyan Trail $1,400,000.00 Walker to Bemidji Segment. 1081. California............. Construct exit from SR 78 to San $500,000.00 Diego State University-Brawley Campus, Brawley. 1082. Mississippi............ Upgrade roads in Fayette (U.S. $600,000.00 Hwy 61 and 33), Jefferson County. 1083. Michigan............... grade separation over the $1,000,000.00 Canadian National Railroad at Wilder Road. 1084. Alaska................. Citywide pavement rehabilitation $1,000,000.00 in City of North Pole. 1085. Pennsylvania........... Construction of 15 mile segment $5,000,000.00 of Mon-Fayette Expressway from Rt 119, Fayette County to Rt 88, Washington County. 1086. North Dakota........... Replacement of Bismarck Mandan $24,000,000.00 Memorial Bridge. This bridge spans the Missouri River and connects two of North Dakota's largest cities. [[Page 6126]] 1087. Oklahoma............... Construct and widen six lanes on $12,000,000.00 Interstate 44 from the Arkansas River extending east approximately 3.7 miles to Yale Avenue in Tulsa. 1088. Michigan............... Croix Street reconstruction - $1,125,000.00 remove and install new surface, curb, gutter, sidewalk from US 41 to Mass Street, Negaunee. 1089. Virginia............... Construct I-73 in Roanoke County $2,000,000.00 1090. Texas.................. Complete upgrade of US 290 East $6,000,000.00 of Williamson Creek to West of RM 1826. 1091. New York............... Deer Avoidance System........... $250,000.00 1092. Mississippi............ Longleaf Trace Rail- $250,000.00 Trail:Expansion and improvement of Longleaf Trace rails-to- trail, running from Prentiss to Hattiesburg. 1093. Pennsylvania........... Rt-422-Complete preliminary $3,000,000.00 engineering and four lane expansion from Ebensburg to Kitanning. 1094. Georgia................ 1-mile pedestrian pathway along $2,000,000.00 Spring Road, Cobb County. 1095. Georgia................ US 27 reconstruction and $1,000,000.00 rehabilitation, Colquitt to CR279/Damascus-Hilton Road. 1096. Mississippi............ Upgrade roads in Kilmichael, $400,000.00 Montgomery County. 1097. New York............... Rehabilitation of road and $700,000.00 drainage systems on Sequams Lane Center and Sequams Lane West in the Town of Islip. 1098. New York............... Improvements to Old Glanham Rd $125,000.00 in Town of Fishkill. 1099. California............. Alhambra Valley Boulevard $2,000,000.00 Enhancement Project, the City of Alhambra. 1100. California............. Widening of Mount Vernon Avenue $1,250,000.00 bridge to four lanes, Colton. 1101. Ohio................... Continue enhancement of $3,480,000.00 successful riverfront project to provide valuable pedestrian and bikeway linkages, connecting surrounding neighborhoods and downtown. 1102. Massachusetts.......... Geometric improvements, safety $1,500,000.00 enhancements, and signal upgrades at Rt. 28 & Rt. 106, intersection West Bridgewater. 1103. Tennessee.............. Improve circuitry on vehicle $158,000.00 protection device installed at railroad crossing in Knoxville, TN. 1104. Indiana................ New road construction of Oak $1,000,000.00 Road Extension in Plymouth, Indiana. 1105. California............. Implement intelligent management $3,000,000.00 & logistics measures to improve freight movement, Gateway Cities. 1106. Indiana................ Modernize traffic signals $600,000.00 throughout the city, reduce congestion, enhance economy, ease air pollution in Muncie, IN. 1107. Mississippi............ Upgrade roads at Coahoma $1,600,000.00 Community College, and roads in Coahoma and Jonestown, Coahoma County. 1108. Alabama................ Pedestrian Improvements for the $1,200,000.00 cities of Moody, Leeds, Homewood, Columbiana, Northport, Gardendale, Morris, Centerpoint and Pell City. 1109. Arizona................ Resurface Navajo Mountain Road, $1,000,000.00 Navajo Nation. 1110. Texas.................. Road grade separation at $5,000,000.00 Fairmont Parkway over Southern Pacific Road. 1111. New York............... Construct smart growth $500,000.00 improvements in the Nepperhan Valley, Yonkers. 1112. California............. Reconstruct segments of $2,500,000.00 Hollister Avenue between San Antonio Road and State Route 154, Santa Barbara County. 1113. Indiana................ Interchange of Interstate 64, $600,000.00 Harrison County. 1114. Missouri............... Expand MO Rt. 94 (St. Charles $3,000,000.00 Cnty, MO) to accommodate increased traffic flow from completed Page Ave Bridge. 1115. Florida................ Miami River Greenway Roadway $2,000,000.00 Improvements Project. 1116. Michigan............... M-72 Widening in Grand Traverse $2,500,000.00 County. 1117. Ohio................... Construct bike/pedestrian path, $1,100,000.00 Independence. 1118. Texas.................. I35 East/I-635 Interchange...... $2,500,000.00 1119. Florida................ Park Blvd. (SR 694), Pinellas $5,000,000.00 Park. 1120. Colorado............... Improve US 40 over Berthoud $1,000,000.00 Pass, Clear Creek and Grand Counties. 1121. Illinois............... Improve streets, Westchester.... $150,000.00 1122. Nevada................. Construct City of Henderson, $21,000,000.00 Nevada Interchanges, I-515. 1123. Arizona................ Construct the Rio Salado Parkway $8,000,000.00 from 7th Street to the planned loop 202 freeway, Phoenix. 1124. Washington............. 24-hour two-way transit and HOV $10,000,000.00 facility on I-90 between I-5 in downtown Seattle and I-405 in Bellevue. 1125. New York............... Restore vehicular traffic to $5,000,000.00 Main Street in downtown Buffalo. 1126. West Virginia.......... Construct Shawnee Parkway....... $1,100,000.00 1127. Pennsylvania........... Upgrades to Business Route 220 $2,100,000.00 (SR 4009) at the entrance of the Bedford Business Park to Beldon County Ridge intersection. 1128. New York............... Construction of and improvements $1,000,000.00 to Michigan Avenue, Buffalo. 1129. Illinois............... Reconstructs and realigns 2.3 $1,875,000.00 miles of Evergreen Avenue located west of the City of Effingham, IL. 1130. New York............... Improvements to Brewster Hill $240,000.00 Rd., Starr Ridge Rd., Independence Way, Sherwood Hill, and Shore Dr. in Town of Southeast. 1131. Puerto Rico............ Project will provide for a $5,000,000.00 central segment of PR-10 between Utuado and Adjuntas. This will help complete a much needed north/south artery. 1132. Illinois............... Development of an interchange at $6,000,000.00 Brisbin Rd and Interstate 80. 1133. Arkansas............... Construction of Gilham Lake $1,144,000.00 Access Road, Howard County. 1134. Florida................ Intermodal connector between the $9,000,000.00 Tallahassee Regional Airport and I-10. 1135. Florida................ New systems interchange ramps at $1,000,000.00 SR 417 and Boggy Creek Road in Orange County, Florida. 1136. Arkansas............... Development of interchange at $3,000,000.00 state highway 89 and Interstate 40. 1137. Pennsylvania........... Design, engineering, ROW $500,000.00 acquisition and construction of a connector road between PA 115 and Interstate 81, Luzerne County. 1138. California............. mitigate current and future $3,000,000.00 congestion and operational problems occurring daily along Harbor Boulevard between I-405 southbound onramp and Sunflower Avenue. 1139. Tennessee.............. Improve circuitry on vehicle $57,000.00 protection device installed at railroad crossing in Loudon, TN. 1140. Oklahoma............... Enhancements for Highway 19 from $3,000,000.00 Ada to Stratford. 1141. Minnesota.............. Economic Development Corridor $3,000,000.00 planning between Aurora and Ely. 1142. Texas.................. Houston Region Highway $6,000,000.00 Mitigation Demonstration project to measure impact of forestation and landscaping along Houston freeways. 1143. New Jersey............. New Jersey Turnpike/Route 440 $5,000,000.00 Interchange Improvement, Bayonne. 1144. Iowa................... Construction of roadway south of $1,000,000.00 Cedar Lane to Highways 92 and southwest to Interstate 29 at the East Beltway - Council Bluffs, IA (Pottawattamie County). 1145. New York............... Improve Traffic Flow on Noel $1,000,000.00 Road between Church and Crossbay Boulevard Including Work Necessary to Demolish and Reconstruct the Firehouse Facility. 1146. New York............... Conduct ITS study for Intermodal $1,500,000.00 Chassis. 1147. New York............... Improve bicycle and pedestrian $100,000.00 safety on Main Street, Holbrook. 1148. Nevada................. Construct US-95 Interchange with $6,000,000.00 Horse Road, Las Vegas, Nevada. 1149. Texas.................. Waxahachie, build out and $5,000,000.00 improvements to a portion of IH- 35, from US 77 North of Waxahachie to US 77 South of Waxahachie. 1150. Ohio................... Wilson Mills Road intersection $940,000.00 construction and enhancement project in the town of Highland Heights. 1151. North Carolina......... Relocate US 70 as a four lane $2,000,000.00 divided facility to increase capacity and safety. 1152. New York............... Rehab of Bedell Road in Town of $481,555.00 Poughkeepsie-NY. 1153. Oregon................. Construct bike/pedestrian path, $440,000.00 Powers. 1154. New York............... Transportation facility for $11,000,000.00 Harlem Hospital Complex. [[Page 6127]] 1155. Georgia................ Upgrade sidewalks, replace $500,000.00 street lights, and landscaping, Metter. 1156. Indiana................ Construct interchange at I-65 $6,000,000.00 and 109th Avenue, Crown Point. 1157. Michigan............... Realignment of 3200 feet of $500,000.00 County Road 492 from US-41 north to County Road HD. 1158. Illinois............... Relocate US Route 41, Chicago... $6,500,000.00 1159. Georgia................ Replace sidewalks, upgrade $865,200.00 lighting, and install landscaping, Soperton. 1160. Washington............. SR 2/Kelsey Street Intersection $135,000.00 Improvements, Monroe. 1161. Ohio................... St. Route 8 Service Road $1,303,000.00 Construction in Summit County. 1162. New Jersey............. Hoboken Waterfront Bicycle and $2,000,000.00 Pedestrian Facilities. 1163. Virginia............... Occoquan, VA Mill Street $200,000.00 improvement project. 1164. Ohio................... Reconstruct and widen State $1,000,000.00 Route 82, North Royalton. 1165. New York............... Reconstruct the Niagara Street $600,000.00 culvert/bridge which crosses over Two Mile Creek, City of Tonawanda. 1166. Wisconsin.............. Rehabilitate State Highway 51 $4,000,000.00 from County S to State Highway 8. 1167. New Jersey............. Safety and flow improvements for $2,000,000.00 I-287/I-80/Route 202 Interchange. 1168. North Carolina......... Installation of Intelligent $700,000.00 Transp. Systems devices along US 52 over Norfolk Southern RR, Winston Salem. 1169. District of Columbia... Metro Branch Trail Construction. $2,000,000.00 1170. Tennessee.............. Expansion of Rutherford County $400,000.00 signage system (visitor's center and transportation information hub). 1171. Texas.................. Construct I-69 as an interstate $150,000.00 facility from Texas/Louisiana to Mexico border. 1172. Oregon................. Sunrise Corridor for planning, $3,000,000.00 engineering, and multimodal development work in Clackamas County and the Damascus Area Concept and Implementation Plan. 1173. Illinois............... Upgrade roads in the vicinity of $1,000,000.00 ABLA Homes, Chicago. 1174. Florida................ To complete improvements to $2,000,000.00 Eller Drive including right-of- way acquisition and construction of return loop connector beginning on I-595 west of U.S. 1 and connecting U.S. 1 south. 1175. Pennsylvania........... US30 corridor improvements from $3,000,000.00 PA896 to PA897. Connects PA41. 1176. Pennsylvania........... For the development of 9.6 miles $9,288,525.00 of public bicycle and pedestrian trail along the Delaware River by the PA Environmental Council. 1177. Massachusetts.......... Somerville roadway improvements, $2,000,000.00 Somerville. 1178. Texas.................. North Cameron County East-West $500,000.00 Railroad Relocation Project. 1179. California............. Construct truck lane on Baughman $550,000.00 Road from State Route 78/86 to Forrester Road, Westmoreland. 1180. Connecticut............ Construct UCONN Storrs Campus - $4,500,000.00 Hillside Road Connection. 1181. California............. Upgrade and reconstruct the I-80/ $8,000,000.00 I-680/SR 12 Interchange, Solano County. 1182. Texas.................. Widen Mile 6 West to four lanes $2,000,000.00 from US 83 to SH 107, Hidalgo County. 1183. Missouri............... 12th street Viaduct bistate $1,000,000.00 connector, Kansas City. 1184. New York............... Study and Implement Improvements $500,000.00 to Avenue U from Mill Avenue to East 38th Street and Flatbush Avenue from Avenue T to Avenue V. 1185. New York............... Construct Fire Island ferry $2,000,000.00 terminal facility, Patchogue. 1186. New York............... Rehab of Sharon Dr. in Town of $328,000.00 Poughkeepsie-NY. 1187. Florida................ Streetscape improvements on Blue $2,000,000.00 Heron Boulevard from US 1 to SR A1A, City of Riviera Beach. 1188. California............. Construction of 7 grade $2,150,000.00 separations in cities of Santa Fe Springs, Pico Rivera, and La Mirada along BNSF Railway. 1189. Iowa................... Build IA-32 ``Southwest $20,000,000.00 Arterial'' in Dubuque County. 1190. Washington............. U.S.-395, North Spokane $4,380,000.00 Corridor: Construct two-lane highway from US 2 interchange to Francis Avenue. 1191. California............. Reconstruction of Sheldon Road $7,000,000.00 and SR 99 Interchange, Elk Grove, CA. 1192. Ohio................... I-90/SR 615 bicycle and $5,000,000.00 pedestrian trails expansion in the City of Mentor. 1193. Minnesota.............. Main Street streetscape $1,700,000.00 reconstruction, 2nd Street from Ash Ave. to State Hwy 2, and Grant Utley Ave from 2nd Street to 6th Street N. across State Hwy 2, Cass Lake. 1194. Tennessee.............. Connector Road Extending I-75 $12,400,000.00 across to Highway 58. 1195. California............. Transportation enhancements on $2,500,000.00 Slauson Ave and Atlantic Blvd, Maywood. 1196. Indiana................ Improve Calumet Avenue between $1,200,000.00 Vale Park Road and Bullseye Lake Road, Valparaiso. 1197. Maine.................. Construct bicycle and pedestrian $1,000,000.00 bridge over Stillwater River, Orono. 1198. Pennsylvania........... Route 313 turning lanes, truck $1,000,000.00 climbing lanes, Doylestown, Plumstead, Hilltown Township. 1199. West Virginia.......... Construct I-74/74 Corridor, $12,000,000.00 Mingo Co. 1200. New York............... Construction of median, re- $1,000,000.00 design and improvements to Main Street in Buffalo. 1201. Michigan............... Widen and reconstruct a 2 lane $3,000,000.00 road into a 4 lane divided road with landscaped median. 1202. Connecticut............ Undertake improvements $2,000,000.00 associated with Coltsville Area Redevelopment, Hartford. 1203. Illinois............... Construct parking facility and $150,000.00 pedestrian walkways at 94th and South Oak Park Avenue, Oak Lawn. 1204. Alabama................ I-65 widening to six lanes in $10,000,000.00 Shelby County from AL 119 to AL 25. 1205. Virginia............... Wheelchair-accessible connector $30,000.00 trail in Charlottesville. 1206. California............. Widen State Route 46 to four $33,461,000.00 lanes between Airport Road and the Shandon Rest Stop in San Luis Obispo County. 1207. Colorado............... I-70 and SH58 interchange: $14,000,000.00 Completion of interchange including reconstruction of existing ramps, building of missing ramps and ROW acquisition. 1208. Texas.................. Tower 55 CMAQ Congestion and $500,000.00 Preliminary Engineering Study. 1209. Texas.................. Hike and Bike lanes on Sunset $600,000.00 Dr., along Clear Creek and trails along Sunset & Briarmeadow to two city parks. 1210. Connecticut............ Construct Montville-Preston $2,000,000.00 Mohegan Bridge Expansion. 1211. Illinois............... Conduct study and design of $1,000,000.00 Chicago North Lakefront path expansion project. 1212. California............. Montclair Ramona Avenue grade $2,000,000.00 separation along Alameda Corridor East. 1213. Arkansas............... Development of infrastructure to $1,500,000.00 Van Buren's intermodal facilities. 1214. Ohio................... Lake County MetroParks for $348,000.00 completion of Phase III bicycle path project. 1215. Oregon................. Widen I-5 between Vancouver,WA, $5,000,000.00 and Portland, OR. 1216. Iowa................... Add two lanes to the existing $8,700,000.00 Highway 63 from Iowa Highway 3 north 18.1 miles to just south of Highway 18. 1217. California............. widening the Fairview Road $1,900,000.00 bridge over I, widening the onramp to accommodate three lanes, and provide one right- turn lane, one optional through or right-turn lane and three through lanes. 1218. New Jersey............. Pedestrian facilities and street $433,000.00 lighting on Haddon Avenue from Albertson Avenue to Glenwood Avenue, Haddon Township. 1219. Pennsylvania........... Relocation and upgrade of Beaver $1,500,000.00 Hallow Rd, leading to the Beaver Medical Center. 1220. California............. Reconstruct 1.5 miles of $1,250,000.00 Paramount Blvd. from Carson Street to Candlewood St., Lakewood. 1221. New York............... Redesign and Reconstruction of $700,000.00 the Putnam Rail trail, the Bronx. 1222. Oregon................. Construct turn lane on Gateway $90,000.00 Boulevard, Cottage Grove. 1223. New York............... Construction of median, design $1,000,000.00 and improvements to Main Street, Buffalo. 1224. California............. Diesel Emissions Reduction $3,250,000.00 Program for Gateway Cities Council of Governments. 1225. Kentucky............... Reconstruct Harrodsburg- $1,000,000.00 Lexington Road from KY 29 north of Wilmore to 4800's of Brannon Road. 1226. Michigan............... Resurfacing of Frazho Road, $1,280,000.00 Roseville. [[Page 6128]] 1227. Pennsylvania........... Construct a four lane limited $2,000,000.00 access facility connecting SR 119 north of Mount Pleasant to the Pennsylvania Turnpike. 1228. New Mexico............. I-40/Coors Interchange: $10,000,000.00 Reconstruction of this major interchange in Albuquerque. 1229. New York............... Mill Road: NY Rte 261 to North $2,000,000.00 Avenue in the Town of Greece. 1230. Pennsylvania........... Design, engineering, ROW $1,750,000.00 acquisition and construction of street improvements and safety enhancements, City of Pittston. 1231. Texas.................. Add 2 lanes from Victoria Co $1,500,000.00 line to 1.9 miles W. of Gin Road in Pt Lavaca. 1232. Connecticut............ Establish intermodal service at $1,500,000.00 Bridgeport, CT port. 1233. New York............... Construction of pedestrian $100,000.00 walkways, Village of Northport. 1234. Massachusetts.......... Northern Avenue Bridge $3,000,000.00 rehabilitation, Boston. 1235. California............. Grade separation on Lenwood Road $1,500,000.00 in Barstow, CA. 1236. New Jersey............. Pedestrian facilities, street $596,324.00 lighting and streetscaping improvements in downtown Laurel Springs. 1237. California............. Realign California State Route $8,000,000.00 299 between the Trinity County line and mile marker 7.4, Shasta County. 1238. Nebraska............... Funding for rail grade $4,500,000.00 separation projects located in the Third Congressional District of Nebraska as identified by the Nebraska State Department of Roads. 1239. New York............... Rehabilitation of Oak Beach Road $515,000.00 in the Town of Babylon. 1240. Texas.................. Construct four-lane urban $4,000,000.00 arterial segment of FM60 from SH6 to FM158 in Brazos County, Texas. 1241. New York............... Improvements to Pudding St. at $1,700,000.00 Taconic State Parkway. 1242. Nevada................. Design and Construct Cactus $10,000,000.00 Avenue and I-15 Interchange, Clark County Nevada. 1243. Pennsylvania........... Restoration of Route 222, $2,500,000.00 including concrete patching and overlay, in Maxatawny and Richmond Townships, Berks County. 1244. Kentucky............... Widen Route 11 from US 460 to $700,000.00 the Mt. Sterling Bypass (KY 686). 1245. Washington............. Lewis and Clark Discovery $146,000.00 Trailhead and Scenic Overlook - expand size and improve safety. 1246. New York............... Construct highway and ramp $10,000,000.00 improvements at Erie Canal Harbor in downtown Buffalo. 1247. Indiana................ Star Hill Road project between $4,000,000.00 SR 60 and Starlight. 1248. Texas.................. Construct direct connectors on $4,500,000.00 US 59, 59B, US77. 1249. Maryland............... US1 Corridor enhancements. $1,000,000.00 Partial funding for comprehensive improvements to road corridor between Elkridge and Laurel. 1250. California............. I-238 Widening between I-580 and $1,900,000.00 I-880, Ashland/Cherryland/San Leandro/San Lorenzo. 1251. Florida................ Springfield Roadway $5,000,000.00 Improvements, Jacksonville. 1252. New Jersey............. East Coast Greenway bicycle and $1,000,000.00 pedestrian path from New Brunswick to Hudson River. 1253. New York............... Reconstruct Nassau Avenue, $2,400,000.00 improve sidewalks and include pedestrian amenities in Greenpoint, Brooklyn. 1254. Missouri............... Improve safety conditions along $2,000,000.00 high traffic area in St. Francois County. 1255. Washington............. Valley Ave/70th - Widen both $1,000,000.00 70th Avenue and Valley Avenue, Pierce County. 1256. Florida................ Atlantic Corridor Greenway $1,500,000.00 Roadway Improvements. 1257. Georgia................ Elimination of highway-rail $3,000,000.00 grade crossings in Augusta, GA by relocating the Norfolk Southern rail line. 1258. Florida................ For the implementation of $2,000,000.00 Advanced Traffic Management System, Boca Raton, Florida. 1259. New York............... Route 78 (Transit Road), I-90 to $3,000,000.00 Main Street, Towns of Amherst, Cheektowaga and Clarence. 1260. Georgia................ Relocate Whitehall Road in Hall $1,042,024.00 County, Georgia. 1261. California............. Construct A 2.8 mile bikeway, $2,500,000.00 working in conjunction with the city of La Habra, along Lambert Road from Mills Ave. to Valley Home Ave. 1262. Pennsylvania........... Finish the installation of sound $5,000,000.00 walls along Route 309 by the Montgomery County Planning Commission. 1263. California............. Improve Ben Maddox Bridge $2,000,000.00 crossing State Route 198, Visalia. 1264. Florida................ Traffic Reconfiguration of SR934 $2,000,000.00 and US Route 1, Miami. 1265. Wisconsin.............. Reconstruct interchange at State $2,500,000.00 Highway 21 and I-94. 1266. New York............... Construct pedestrian walkway $1,000,000.00 from 233rd Street to the Bronx River Greenway and commuter rail station. Bronx. 1267. New York............... Conduct studies, if necessary, $5,000,000.00 and construct the High Line Trail Project, New York City. 1268. New York............... Develop Erie Canal Heritage $2,000,000.00 Project in Port Byron. 1269. New York............... Construct safety improvements $1,050,000.00 for Rt. 12 intersection at Pamela Drive/River Rd./ Town of Chenango. 1270. California............. Construct truck lane on Keystone $2,500,000.00 Road from State Route 111 to Austin Road, Imperial County. 1271. New York............... Congestion reduction, traffic $640,000.00 flow improvement and intermodal transfer study at Roosevelt Avenue/74th Street, Queens. 1272. Ohio................... Widening from 2 lanes to 4 lanes $3,000,000.00 between Main St. and SR 43 in North Canton and Plain Township. 1273. Rhode Island........... Construct 8 lane 1.5 mile $2,000,000.00 segment of I-95 and I-195. 1274. North Carolina......... Monroe Bypass -- Project $2,500,000.00 proposes to construct a multilane freeway on new location from the I-485 to the Monroe bypass. 1275. New York............... Improve Traffic Flow Improvement $3,000,000.00 at Atlantic Yard/ NETS Arena Development. 1276. Pennsylvania........... SR 1022 Ulster River Bridge, $2,000,000.00 replace 14-span bridge spanning Susquehanna. 1277. New York............... Funds an intermodal $1,000,000.00 transportation facility on Clarkson Avenue. 1278. Illinois............... Construct grade separation on $750,000.00 25th Avenue, Melrose Park. 1279. Massachusetts.......... Canalside Rail Trail. $1,900,000.00 Construction of the Canalside Rail Trail, Deerfield & Montague. 1280. Oregon................. Planning, design, right-of-way $6,343,000.00 acquisition, and construction of a bypass around the cities of Newberg and Dundee, Yamhill County. 1281. South Carolina......... Berlin G. Meyers Parkway $8,000,000.00 Extension, Summerville. 1282. New York............... Construct improvements in Sight $550,000.00 Distance at Road Grade and Trail Crossings in Oneida and Herkimer County. 1283. New Jersey............. Construction of Rowan Boulevard $600,000.00 from US Route 322 to Main Street, Glassboro. 1284. New Jersey............. The rebuilding of three $1,500,000.00 deteriorated orphan bridges in Trenton, NJ that cross over the Northeast Corridor Line. The East State Street Bridge, the Chestnut Avenue Bridge, and the Monmouth Street Bridge. 1285. Texas.................. Develop Intelligent Transport $3,200,000.00 System for the City of San Antonio. 1286. Louisiana.............. Upgrade highway-rail crossings $200,000.00 at Madison Street, City of Gretna. 1287. Virginia............... Improve Rt. 42 in Bridgewater... $500,000.00 1288. Arizona................ Upgrade and re-open Main Street, $1,200,000.00 Yuma. 1289. Tennessee.............. Replacing one-lane underpass $500,000.00 with five-lane underpass and associated roadway realignments of Knob Creek, Mountainview, and Claude Simmons Roads. 1290. Michigan............... widen, from 2 to 5 lanes, Romeo $10,000,000.00 Plank Road from M-59 to 23 Mile Road. 1291. Ohio................... St. Route 44 - Overpass, $4,250,000.00 interchange construction, and road expansion in the city of Painesville. 1292. Maryland............... Alt 40 Middletown Bypass........ $1,000,000.00 1293. Alabama................ East Bypass would provide direct $10,000,000.00 access from I-20 to Fort McClellan, Alabama. 1294. Ohio................... Provide an interchange at Bixby $4,250,000.00 Rd and Route 33, including construction of necessary service roads and removal of signal at Route 33 and Ebright Road. 1295. Michigan............... Eliminate major roadway that $500,000.00 passes between Cleary and charter school building and route a roadway with parking lots. 1296. Florida................ Construct SR 312 Extension/ $13,000,000.00 Bypass in St. Johns County, Florida. [[Page 6129]] 1297. California............. Design and implement Intelligent $3,000,000.00 Transportation Systems on Long Beach Boulevard, Compton Boulevard, Wilmington Avenue, Walnut Avenue including communication interface with the Los Angeles County ITS System. 1298. Tennessee.............. Construct shoulder and turn lane $1,500,000.00 on S.R. 35 in Seymour, TN. 1299. Pennsylvania........... Provide trail connects at the $500,000.00 Hot Metal Bridge to reduce the need for trail users to use city streets. 1300. Georgia................ Bridge improvements on Cochran $560,000.00 Road at Deep Creek, Fulton Co. 1301. Alabama................ Additional lanes would be added $2,000,000.00 to US-331 from Luverne to Montgomery. 1302. California............. Phase II of the Alameda Corridor $300,000.00 East Project, constructing grade separation projects from E. Los Angeles to Pomona. 1303. New Mexico............. Develop Paseo del Volcan $2,000,000.00 corridor located in Sandoval County to connect I-40 and I-25. 1304. Pennsylvania........... Design, engineering, ROW $7,000,000.00 acquisition and construction of Phase II of the South Valley Parkway from Roberts Street in Newport Township to Mocanaqua, Luzerne County. 1305. Maryland............... Dualization of MD 404 in $17,600,000.00 Caroline. 1306. California............. Widen State Route 98, including $3,000,000.00 storm drain improvements, from Kloke Road to State Route 111, Calexico. 1307. California............. Provide landscape enhancement of $600,000.00 an existing open culvert on Atherton Street, Long Beach. 1308. Michigan............... Baldwin St. extension to I-196 $3,000,000.00 and new entrance and exit ramps on I-196. 1309. North Carolina......... Pavement and bridge $2,000,000.00 rehabilitation on I-85 from the Granville County line to US 158. 1310. Florida................ West Virginia Corridor Expansion $4,000,000.00 Project between I-95 to US Highway 1 in St. Lucie County. 1311. Ohio................... Transportation infrastructure $10,000,000.00 improvements in Toledo. 1312. New York............... Pedestrian/Bike Path along $350,000.00 Hudson River in City of Beacon - NY. 1313. Texas.................. Rehabilitate Yale Street between $1,000,000.00 IH10 to IH610. 1314. North Carolina......... Installation of ITS devices $4,000,000.00 along the Winston-Salem Northern Beltway (I-40 near Clemmons to US 52/Future I-74) in Forsyth County. 1315. Washington............. Cross Base Highway - a new $1,500,000.00 highway from I-5 to SR 7 located between Fort Lewis and McChord AFB. 1316. Pennsylvania........... Create a direct connection $3,000,000.00 between State Road Route 29 and State Route 113. 1317. Tennessee.............. Improvements to bridge along SR- $14,000,000.00 21 in Lake County, from Log Mile 7.0 to Obion County Line. 1318. Missouri............... I-55/Weber Road Improvements, $5,000,000.00 St. Louis City and St. Louis County. 1319. Colorado............... Construct arterial on W side of $7,500,000.00 Montrose to ease traffic congestion on SH 550 between Grand Avenue, N-S of city. 1320. Washington............. SR28 / SR285 George Sellar $5,000,000.00 Bridge Approach Improvements, Wenatchee/East Wenatchee. 1321. Massachusetts.......... Highspeed catamaran ferry. $2,000,000.00 Increase accessibility to inner- city public transit and two federal parks Quincy. 1322. Ohio................... Ashtabula Harbor infrastructure $1,000,000.00 improvements as part of the Revitalization Project on SR 531 in Ashtabula County. 1323. North Carolina......... Right of way acquisition and $11,000,000.00 construction for segment of the 1-540 Loop from I-40 to NC 55. 1324. New York............... Replace bridge carrying Rt.55 $2,500,000.00 over Fishkill Creek and provide turn lanes in Town of Beekman- NY. 1325. Michigan............... Design, right of way acquisition $19,800,000.00 and improvements for the I-196/ Chicago Drive (Baldwin Street) Interchange modification. 1326. Georgia................ Upgrade sidewalks, parking, $500,000.00 street lighting, and landscaping, Claxton. 1327. California............. Alameda Corridor East Gateway to $15,500,000.00 America Trade Corridor Project, Highway-railgrade seperation along 35-mile corridor from Alameda Corridor (Hobart Junction) to Los Angeles/San Bernardino County line. 1328. New York............... Roadway and Pedestrian $4,200,000.00 Improvements for Times and Duffy Squares, New York City. 1329. Arizona................ Construct the Querino Bridge in $500,000.00 Apache County, Arizona, on the Navajo Nation. 1330. California............. FHWA Diesel Emissions Reduction $1,250,000.00 program for the Gateway Cities. Los Angeles County. 1331. New York............... Construct four lane expressway $2,000,000.00 meeting Interstate standards from Pennsylvania to Presho. 1332. Florida................ SW 24th Ave.-SW 62nd Blvd., from $3,000,000.00 Archer Rd west to SW 20th Avenue, Gainesville. 1333. Pennsylvania........... Replace Lycoming Valley Railroad $2,000,000.00 Bridge near Montoursville Borough. 1334. Texas.................. Extend US90 six main lanes from $5,000,000.00 Hunting Bayou to Wallisville. 1335. Ohio................... SR 91 Road Safety project and $1,950,000.00 overpass construction in the City of Twinsburg. 1336. Colorado............... Reconstruct US 36/McCaslin $1,000,000.00 interchange. 1337. Ohio................... Rehabilitation/replacement of $250,000.00 rail grade separations along the West Central Ohio Port Authority route in Champaign and Clark Counties. 1338. South Carolina......... Carolina Bays Parkway (Phase $5,000,000.00 II), Horry County. 1339. Michigan............... Development and construction of $5,000,000.00 new interchange at Marquette Avenue/US-31. 1340. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of PS 114. 1341. Tennessee.............. Construct interchange on $1,000,000.00 Interstate 40, Wilson County. 1342. Ohio................... Construct new interchange at $3,000,000.00 Gracemont St. and I-77 Interchange in Bethlehem Township. 1343. New York............... Design and construction of 20th $700,000.00 Avenue from Whitestone Expressway Service Road to 130th Street in Queens, New York. 1344. Georgia................ Streetscape [pedestrian safety $500,000.00 enhancements, sidewalks, curb replacement, restoration, landscaping, ADA compliance, restoration], Dawson. 1345. Indiana................ Construct grade separated $1,500,000.00 interchange at Main Street with Canadian National Railroad in Mishawaka, Indiana. 1346. California............. Hollister SR25 widening -- 4 $3,660,000.00 lane freeway between San Felipe Road to the US 101 separation, Gilroy. 1347. Missouri............... I-29/I-35 reconstruction of $2,000,000.00 Kansas City Downtown/Paseo Bridge. 1348. California............. Develop bicycle paths and $300,000.00 pedestrian access to Third Avenue, Chula Vista. 1349. Georgia................ Upgrade Old Petersburg/Old Evans $6,000,000.00 Rd. 1350. Washington............. New County Road, Whidbey Island. $900,000.00 1351. New York............... Highway/Railway crossing $1,600,000.00 improvements in the Town of Clarkstown and villages of Haverstraw and West Haverstraw. 1352. California............. Improvements for Folsom $8,000,000.00 Boulevard between Rod Beaudry Drive and Sunrise Boulevard. 1353. California............. Improvements (including arterial $750,000.00 street rehabilitation) to enhance traffic and pedestrian safety in the Van Nuys community, Los Angeles. 1354. Texas.................. Construct highway - railroad $2,200,000.00 grade separation at Calton Road in Laredo Texas. 1355. Michigan............... Reconstruct highway under a $1,000,000.00 railroad bridge, Wyoming Ave. from Eagle Pass to Michigan Avenue, Wayne County. 1356. Michigan............... Resurfacing of Masonic $1,160,000.00 Boulevard, Fraser. 1357. New York............... Access and Safety improvements $1,500,000.00 to Route 208 in Orange County - NY. 1358. Pennsylvania........... The project will provide for the $5,000,000.00 reconstruction of US 30 from PA 10 to Business US 30 including the travel lanes, shoulders and egress and exist ramps. 1359. Texas.................. Integrate & deploy rural ITS $4,000,000.00 components of the Texas Hurricane Evacuation Information System. 1360. New York............... Streetscape improvements to $500,000.00 Sunrise Highway between Guy Lombardo Avenue and Henry Street, Freeport. 1361. California............. Interchange expansion at $1,000,000.00 Interstate 10 and Indian Canyon Drive, City of Palm Springs. 1362. Michigan............... Reconstruction and surfacing of $960,000.00 Valley Road from M-33 west to Mapes Road, Oscoda County. [[Page 6130]] 1363. Connecticut............ Construct bike/pedestrian path, $1,000,000.00 Shelton. 1364. New York............... Rehabilitation of Frank Street $775,000.00 in the Village of Lindenhurst. 1365. Illinois............... Sullivan Rd. Approaches $1,600,000.00 (Aurora): Construction of highway approaches to Sullivan Rd. Bridge. 1366. Virginia............... Widen US 15/29 in Culpeper...... $2,000,000.00 1367. Virginia............... Jamestown 2007 -- to provide $500,000.00 transportation infrastructure for visitors to Jamestown Island. 1368. California............. Construct 4-lane connector $1,000,000.00 between I-40 and Arizona Route 95 in Needles. 1369. Oregon................. Construct passing lanes on U.S. $900,000.00 199, Josephine County. 1370. Louisiana.............. Upgrade I-49.................... $1,700,000.00 1371. Minnesota.............. Construct a pedestrian/bicycle/ $1,097,600.00 ATV/snowmobile bridge across TH169, Onamia. 1372. Colorado............... Wadsworth Blvd. & Bowles Ave. $2,000,000.00 Intersection Improvements: Ramp, and interchange improvements, lane improvements on Wadsworth from Coal Mine Ave. to W. Cross Dr. 1373. Illinois............... Improve access roads related to $200,000.00 Racehorse Business Park, Alorton. 1374. Texas.................. For completion of I-35 bypass $7,000,000.00 project - northern 48 miles of SH 130, from Georgetown, TX to US 183. 1375. Minnesota.............. Polk, Pennington, Marshall $5,600,000.00 County 10-ton Corridor in Northwestern Minnesota. 1376. New York............... Construct Route 15/18 $3,000,000.00 Interchange Phases I, II, and III. 1377. Mississippi............ Star Landing Road - new east- $2,000,000.00 west connector from I-55 in Desoto County. 1378. Georgia................ Replace sidewalks, meet ADA $800,000.00 guidelines, and install a crosswalk, McRae. 1379. Georgia................ Construct sidewalks between $500,000.00 Marion Middle School, City Park, and Community Center, Buena Vista. 1380. Ohio................... Pedestrian Walkway Safety $289,000.00 Improvements and Road Paving in Lakeline Village. 1381. Florida................ Reconstruction of Hanford $2,750,000.00 Boulevard, North Miami Beach. 1382. Illinois............... Undertake improvements within $3,200,000.00 West End Business District, LaGrange. 1383. Arkansas............... Repair Bowen Bridge on Hwy 301, $24,000.00 Pike County. 1384. New Jersey............. Road-widening, new shoulder $6,850,000.00 construction, drainage improvements and intersection upgrades in Burlington County. 1385. Florida................ Upgrading of SR 50 in Orange $2,000,000.00 County, Florida. 1386. South Carolina......... Construction of East Washington $1,000,000.00 Connector. 1387. Texas.................. Dyess AFB Access Project........ $8,500,000.00 1388. California............. Upgrade Olympic Blvd between $2,000,000.00 Vermont Ave. and Western Ave. to improve pedestrian safety and reduce congestion, Los Angeles. 1389. Virginia............... New, regional access improvement $2,500,000.00 at I-64 and City Line Road, Virginia Beach and Chesapeake. 1390. Georgia................ Construct Chase St Elementary to $500,000.00 Botanical Gardens bike/ pedestrian trail. 1391. Illinois............... This project consists of $350,000.00 resurfacing and restriping of Euclid Avenue between Walnut Avenue and Douglas Avenue in Arlington Heights, Illinois. It also includes curb and gutter repair as well as pavement base repair. 1392. Connecticut............ Construct Putnam ADA-compliant $50,000.00 Curb Cut. 1393. Georgia................ Northlake Streetscape in DeKalb. $1,000,000.00 1394. California............. I-880 Federal highway safety $2,500,000.00 improvements, High Street to I- 980, Oakland. 1395. Louisiana.............. Reconstruct I-49/US 190 $500,000.00 interchange, Opelousas. 1396. Michigan............... the Port Huron, MI Highway-Rail $1,000,000.00 Grade Crossing Separation Project. 1397. Colorado............... Reconstruct US 36/US 287 $2,000,000.00 interchange. 1398. Georgia................ 2.5 mile East Hiram Parkway $5,000,000.00 Project: to complete by-pass around the City of Hiram. 1399. Washington............. Widening SR527 from 2 lanes to 5 $1,500,000.00 from Bothell to Mill Creek. 1400. New York............... Rehabilitation of North and $875,000.00 South Delaware Avenue in the Village of Lindenhurst. 1401. Texas.................. Improve SH 199 at intersection $8,000,000.00 of White Settlement Rd., Ft. Worth. 1402. Missouri............... Upgrade U.S. Highway 36 to four $3,000,000.00 lanes between Macon and Hannibal, Missouri. 1403. Arkansas............... Improve Colin Ray Blvd, De Queen $500,000.00 1404. Illinois............... Extend Remington Blvd from $500,000.00 Veterans Parkway to Weber Road in Bolingbrook, IL. 1405. New Hampshire.......... Design and construction of the $140,000.00 project to repaint the bridge on Main Street in Enfield, NH. 1406. Mississippi............ East Metro Corridor:Four-lane $1,500,000.00 corridor linking I-20 at Brandon to US Hwy 25 at Flowood - part of I-20/US Hwy 25/ Jackson International Airport network. 1407. South Carolina......... Cox Road Bridge in Anderson $405,000.00 County. 1408. Michigan............... repave Sebewaing Road from state $500,000.00 highway M-25 to Caseville Road. 1409. Virginia............... Interchange Improvements along I- $9,500,000.00 264 in Virginia Beach. 1410. Indiana................ Construction of Parkway around $914,000.00 the west side of Shelbyville from SR9 on the South to SR9 on the North. 1411. California............. Constructs a Highway and $3,000,000.00 Railroad grade separation at North Milliken Avenue, Ontario. 1412. Georgia................ Streetscape [pedestrian safety $500,000.00 enhancements, sidewalks, curb replacement, restoration, landscaping, ADA compliance, restoration], Richland. 1413. New York............... Planning and coordination $1,000,000.00 studies for the Tappan Zee Bridge/I-287 corridor, Rockland/ Westchester County. 1414. California............. Construction of HOV lanes on I-5 $1,000,000.00 from Vandegrift Blvd to La Jolla Village Drive. 1415. North Carolina......... Add 6.5 miles to the City of $2,015,000.00 Greeneville's greenway system by constructing three additional sections. 1416. California............. Construct left turn lane to ease $1,250,000.00 congestion at Interstate-10 into Rosemead Boulevard and Telstar Avenue, El Monte. 1417. Ohio................... Planning and Construction of $650,000.00 network of recreational trails in Perry Township. 1418. Kansas................. Construct highway rail grade $7,000,000.00 separation from Douglas Ave to 17th Street North in Wichita, KS. 1419. Texas.................. Widen I-35 between SH 81 and FM $3,000,000.00 286 South of Hillsboro. 1420. New York............... Establish an identity and $1,000,000.00 signage program for the Erie Canalway National Heritage Corridor. 1421. Illinois............... Construct pedestrian walkways in $750,000.00 Columbus Park, Chicago. 1422. Texas.................. Construction of frontage road $2,700,000.00 between the Harris County Line and FM 518. 1423. Minnesota.............. Construct third lane on I-494 $5,000,000.00 from Hwy 212 to its Fish Lake Road terminus in Maple Grove, MN. 1424. Maryland............... Dualization of US 113 in $13,200,000.00 Worcester. 1425. New York............... Preliminary design and $7,110,000.00 environmental impact study for a collector-distributor road along I-95 from Westchester Ave. to Bartow Ave. 1426. Oklahoma............... Construct US69 and Hereford Lane $8,000,000.00 Interchange, McAlester. 1427. Massachusetts.......... Reconstruction of Pleasant $2,000,000.00 Street to enhance vehicular safety and capacity, Watertown. 1428. New Jersey............. Safety and operations $1,200,000.00 improvements on Route 73, Berlin/Voorhees/Evesham. 1429. California............. Repair and replace tunnel lining $3,000,000.00 on Kanan, Kanan Dume, and Malibu Canyon Roads, Los Angeles County. 1430. Arkansas............... Downtown Dickson Street $1,750,000.00 Enhancement - Block Avenue and Downtown Square. 1431. Arkansas............... Improvements to Clear Creek $1,000,000.00 Bridge and surrounding infrastructure in Washington County on CR31. 1432. Georgia................ Streetscape [pedestrian safety $400,000.00 enhancements, curb replacement, sidewalks, restoration landscaping, ADA compliance], Ashburn. 1433. Mississippi............ Upgrade Blue Cane Road in $1,000,000.00 Tallahatchie County, and roads in Webb and Tutwiler. 1434. Pennsylvania........... SR 3027 Bridge, replace posted $1,000,000.00 two span steel I-beam bridge with one span concrete box beam bridge in Jessup Township, Susquehanna County. 1435. Mississippi............ Upgrade roads at Tougaloo $1,000,000.00 College. 1436. Minnesota.............. Construct roadway improvements $6,324,000.00 on the Great River Road on CSAH 10 and CSAH 21, Aiken County. [[Page 6131]] 1437. Mississippi............ State Route 590 extension, $4,000,000.00 Ellisville. 1438. Iowa................... Construct four-lane expressway $500,000.00 on U.S. Highway 60 through Plymouth, Sioux, O'Brien, and Osceola Counties, Iowa. 1439. Utah................... SR-92 from I-15 to SR-74, Utah $5,500,000.00 County. 1440. Arizona................ Construction of structure for US $1,000,000.00 60 at 59th Avenue and Glendale in city of Glendale. 1441. Mississippi............ U.S. Highway 90 and State $250,000.00 Highways 43 and 603 Gateways Enhancement Project, Hancock County. 1442. New Mexico............. Construct Sunland Park Road in $5,000,000.00 Sunland Park. 1443. Minnesota.............. Bruce Vento Nature Sanctuary $2,000,000.00 Trail Project, St. Paul. 1444. New York............... Improvements to Mearns Ave. & $200,000.00 Fostoria St. in Village of Highland Falls-NY. 1445. Arkansas............... Construction of Ashdown Bypass, $500,000.00 Ashdown. 1446. Texas.................. Coverage of the state with the $5,000,000.00 ITS systems through compatibility, interoperability, and uniformity of the entire statewide system. 1447. Minnesota.............. Construct Two Harbors High $891,600.00 School Trail connecting Two Harbors High School to Two Harbors City. 1448. Michigan............... Design, right of way $7,000,000.00 acquisition, engineering work for US-31 bypass. 1449. Indiana................ Added travel lanes on Gordon $14,000,000.00 Road, Sixth Street, and West Shafer Drive in Monticello, IN. 1450. Indiana................ Upgrade roads, Fowler........... $100,000.00 1451. New Jersey............. Reconstruct Route 168 from Route $658,000.00 41 to Sixth Avenue, Runnemede. 1452. New York............... Install Two Permanent Variable $500,000.00 Message Signs (VMS) on Belt Parkway. 1453. Arkansas............... Improvement of Jennie Road, $288,000.00 Chicot County. 1454. Georgia................ Construct sidewalks and install $500,000.00 landscaping, Vienna. 1455. Texas.................. FM 2499, Section 4, from $1,000,000.00 Highland Village to Corinth. 1456. Virginia............... Route 104/Dominion Boulevard $6,500,000.00 corridor connects Interstate 464 and Interstate 64 to Route 17/George Washington Highway. Widening of the existing two- lane section to four lanes with a new bridge over the Southern Branch of the Elizabeth River. 1457. Mississippi............ Old Richton Road and State $1,500,000.00 Highway 42 connector, Petal. 1458. Oklahoma............... Widen US 281 from the New US 281 $5,700,000.00 Spur North to Geary, Canadian County. 1459. Illinois............... Improve Mill Street, Rock Island $500,000.00 1460. New Jersey............. Interchange improvements and $12,000,000.00 bridge replacements, Route 46, Passaic County. 1461. New Jersey............. Project involves bridge $1,000,000.00 replacement and State Route 31 widening add left turn lanes and shoulders in Glen Gardner/ Hampton, Hunterdon County. 1462. Connecticut............ Conduct study of multimodal $1,000,000.00 cargo capacity on Waterfront Street, New Haven. 1463. California............. Install a traffic signal and $85,000.00 ramps at Interstate-10 and Walnut Grove Avenue to reduce congestion, Rosemead. 1464. California............. Citywide traffic signal upgrades $500,000.00 requiring the installation of hardware and software at 9 major intersections, Palo Alto. 1465. California............. Widen State Route 98 from Route $5,000,000.00 111 to State Route 7, Calexico. 1466. Pennsylvania........... Extension of River Road in $1,500,000.00 Reading Pennsylvania in order to provide access to major industrial and brownfields sites. 1467. Louisiana.............. LA 16 Interchange at I-12 and $13,000,000.00 improvements, and Cook Road. 1468. California............. Construct truck ramp linking $1,500,000.00 Interstate 5 to the National City Marine Cargo Terminal, National City. 1469. New York............... Implement ITS system and $100,000.00 apparatus to enhance citywide truck route system at 9th Street and 3rd Avenue intersection in Kings County. 1470. Iowa................... Construction of Outer Drive from $1,000,000.00 Floyd Boulevard to Business Highway 75 in Sioux City, IA. 1471. Vermont................ Road improvements for the City $3,560,000.00 of Rutland along U.S. Route 7 and U.S. Route 4. 1472. Pennsylvania........... Mitigation of water pollution $1,000,000.00 due to Highway runoff on SR28 as allowed by 23 USC133(b)(14) and 23USC133(b)(8). 1473. Virginia............... Glen Alton - design and $1,600,000.00 construction of recreation trails, access and visitor information center. 1474. Tennessee.............. Develop trails, bike paths and $250,000.00 recreational facilities on Bird Mountain, Morgan County for Cumberland Trail State Park. 1475. Illinois............... Construct pedestrian underpass $700,000.00 at East 57th Place, Chicago. 1476. New York............... Construction of and improvements $1,000,000.00 to Michigan Avenue in Buffalo. 1477. New York............... Enhance Battery Park Bikeway $2,000,000.00 Perimeter, New York City. 1478. Texas.................. Construct and rehabilitate $1,000,000.00 pedestrian walkways along the Main Street Corridor to improve transit-related accessibility. 1479. Kansas................. Upgrade US-69/135th Street $2,000,000.00 interchange, City of Overland Park. 1480. Wisconsin.............. Reconstruct Highway 141 in $2,000,000.00 Marinette County, WI. 1481. Florida................ Beautify SR A1A in Ormond Beach, $1,000,000.00 Daytona Beach and Daytona Beach Shores, Florida. 1482. New York............... Enhance road and transportation $5,000,000.00 facilities in the vicinity of W. 65th St and Broadway, New York City. 1483. Arizona................ Construct parallel roadway to $2,000,000.00 create divided roadway for US 93, south of I-40 near Kingman. 1484. Missouri............... Upgrade U.S. Highway 61 to four $8,000,000.00 lanes between Wayland and Canton, Missouri. 1485. Arkansas............... Construction of Prescott $2,400,000.00 Overpass, Prescott. 1486. Texas.................. Environmental, schematics and $1,000,000.00 right of way acquisition for Hidalgo County Loop, Hidalgo County. 1487. Nebraska............... Construction of two Missouri $6,500,000.00 River bridges and their approach roadways. 1488. New York............... Cedar Swamp Rd. improvements in $800,000.00 Town of Goshen-NY. 1489. North Carolina......... Northwest Corridor - Western $1,000,000.00 Boulevard in Jacksonville, NC: Construct a 4-mile, 4-lane divided facility including a 400-foot concrete bridge. 1490. Tennessee.............. Widen Campbell Station Road in $1,800,000.00 Knoxville, TN. 1491. North Carolina......... Development of a Master $3,400,000.00 Transportation Plan for the Piedmont Triad Research Park (Idealliance) in Winston-Salem (Forsyth County). 1492. Maryland............... Safety and operations $1,700,000.00 improvements at Martin Luther King Blvd. and W. Baltimore St., Baltimore. 1493. Tennessee.............. Retrofit noise abatement walls, $2,500,000.00 Davidson County. 1494. Virginia............... Improve N. Main Street Bridge in $1,000,000.00 Lexington. 1495. New York............... Mill St. enhancements, $2,000,000.00 realignments and culvert replacement in Putnam County-NY. 1496. California............. Construct nine rail-highway $14,000,000.00 grade separations along Alameda Corridor East through the cities of Fullerton, Placentia, and Anaheim. 1497. Maryland............... Rehabilitate 5 bridges carrying $10,000,000.00 streets over CSX Railroad, Baltimore. 1498. New York............... Implement Improvements for $1,000,000.00 Pedestrian Safety in Queens County. 1499. California............. 405 Freeway Widening............ $6,700,000.00 1500. New York............... Highway Construction I-90 Exit 8 $3,900,000.00 Connector Phase II. 1501. Tennessee.............. North Second Street Corridor $4,000,000.00 Upgrade to provide alternate route around St. Jude's medical center to downtown, Memphis. 1502. Illinois............... Reconstruction of Quentin Road $5,160,000.00 from existing 2 lanes to 4 lanes with median from Dundee Road to Lake Cook Road. 1503. Tennessee.............. Widen U.S. 321, Construct new $7,500,000.00 bridge across the Tennessee River in Loudon County. 1504. Colorado............... Improvements on US 36 corridor $3,000,000.00 from I-25 to Boulder. Improvements include interchange and overpass rebuilding. [[Page 6132]] 1505. California............. San Gabriel Boulevard Highway $1,000,000.00 widening and intersection improvement project, the City of San Gabriel. 1506. Georgia................ Replace sidewalks, upgrade $500,000.00 lighting, and install landscaping, Helena. 1507. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition, and construction of street improvements and safety enhancements, Borough of Edwardsville in Luzerne County. 1508. Connecticut............ Upgrade Plainfield Moosup Pond $300,000.00 Road. 1509. Illinois............... Improve North Illinois (Illinois $6,937,000.00 159) and related roads, Belleville. 1510. Pennsylvania........... Design and construct $4,000,000.00 improvements to mitigate traffic congestion that currently exists on the west side of the Ben Franklin Bridge. 1511. Illinois............... Construct bike path, parking $2,750,000.00 facility, and related transportation enhancement projects, North Riverside. 1512. South Carolina......... Construction of West Georgia $9,000,000.00 Road in Greenville County. 1513. Massachusetts.......... Rt. 128/95 off ramp-Northbound $2,000,000.00 to Kendrick Street, Needham. 1514. New York............... Traffic control mitigation for $1,000,000.00 Jericho Turnpike between Hillside Blvd and New Hyde Park Road, New Hyde Park. 1515. Maine.................. Improvements to the $500,000.00 Interconnecting Trail System for bike/pedestrian trails near Baxter State Park. 1516. California............. Construction of HOV and BRT $2,000,000.00 lanes on I-15 from SR-78 to SR- 163. 1517. Missouri............... Widening, curb, and gutter $3,000,000.00 improvements as part of larger Hwy 33 development project. 1518. Minnesota.............. Reconstruct CSAH 91 from the $5,000,000.00 D.M. and I.R. Railroad crossing at 8th Street in Duluth to CSAH 56, St Louis County. 1519. South Carolina......... US Highway 123 - The SCDOT would $2,000,000.00 construct deceleration and turning lanes to improve safety in Pickens County, SC. 1520. New Jersey............. Rehabilitation of Hillery Street $2,500,000.00 Bridge connecting Totowa and West Paterson. 1521. American Samoa......... Upgrade, repair and continue $1,600,000.00 construction of Tau ferry terminal facility on island of Manua. 1522. Louisiana.............. Pointe Clair Expressway in $3,000,000.00 Iberville Parish. 1523. Pennsylvania........... Construct Southern Beltway (PA $2,000,000.00 60 to US 22) of the Mon Fayette Expressway. 1524. Illinois............... Construct intermodal facility, $450,000.00 Cook County. 1525. Georgia................ Renovate Wilcox County Arts $500,000.00 Complex, renovate Train Caboose as a Welcome Center, and construct pedestrian trail, Abbeville. 1526. Tennessee.............. Add third lane on US-27/State $6,000,000.00 Route 29 for truck climbing lane and realignment of roadway at Wolf Creek Road to Old US-27 North of Robbins. 1527. California............. Reconstruct Intersection at $7,000,000.00 Highways 152 & 156, Santa Clara County. 1528. Ohio................... City of Fostoria/Seneca County $7,700,000.00 loop road along rt. 23. 1529. Mississippi............ U.S. Highway 98 access $5,000,000.00 improvement at Interstate 59, Lamar County. 1530. California............. Design and environmental $1,000,000.00 analysis for State Route 11 connecting State Route 905 to the new East Otay Mesa Port of Entry, San Diego. 1531. Michigan............... Resurfacing of Nine Mile Road, $1,040,000.00 Eastpointe. 1532. New York............... Improve Tissle Road/Old Kings $500,000.00 Highway intersection, Saugerties. 1533. California............. Upgrade existing county highway $2,000,000.00 J59 in Tuolumne, Stanislaus and Merced Counties. 1534. North Carolina......... Acquire, design and renovate $4,000,000.00 historic rail station into a multimodal center in downtown Winston Salem. 1535. California............. Construct Marin-Sonoma Narrows $500,000.00 bicycle and pedestrian walkway. 1536. Oklahoma............... I-40 Crosstown Expressway $13,000,000.00 realignment project from I-44 to I-35 in Oklahoma City, OK. 1537. Colorado............... C-470 & Hwy 85 Interchange $6,000,000.00 Reconstruction: Replace interchange ramps, bridge widening, lane improvements. 1538. Tennessee.............. Improve heavy vehicle access to $3,000,000.00 interstate 55 from proposed Super Terminal distribution center along Mallory Avenue, Shelby County. 1539. Idaho.................. To construct a bypass corridor $4,500,000.00 around the City of Twin Falls for US-93. 1540. Illinois............... Undertake Dempster St. $250,000.00 Commercial corridor improvements project, Morton Grove. 1541. Ohio................... Improvements to 4 intersections $2,200,000.00 at Lake Center St. North through Route 619 in Lake Township. 1542. Minnesota.............. Design, engineering, and ROW for $800,000.00 the French Rapids Bridge, City of Brainerd. 1543. Ohio................... Acquire land along US 24, Lucas $1,000,000.00 County. 1544. California............. Conduct a project study to $500,000.00 examine an interchange at State Route 165 and Bradbury Road, Merced County. 1545. New York............... Construct parking spaces in $500,000.00 Elmira, NY, on North Main Street. 1546. Indiana................ Reconstruct 45th Avenue from $2,700,000.00 Colfax Street to Grant Street, Lake County. 1547. Michigan............... Rebuilding Jackson Road with $5,000,000.00 experimental materials. 1548. Florida................ Expansion from 2 to 4 lanes with $10,000,000.00 grassed median, from Interstate 10 to US 90. 1549. North Carolina......... The reconstruction of US Hwy 19 $7,300,000.00 from Cherokee County, NC to Maggie Valley, NC. 1550. New York............... Continuation of the public $600,000.00 awareness program about transportation infrastructure, Lower Manhattan. 1551. Kentucky............... Rehabilitate I-75 Brent Spence $7,000,000.00 Bridge. 1552. California............. Widen Washington Blvd, Commerce. $3,000,000.00 1553. Pennsylvania........... Route 422 improvement project $1,500,000.00 from Ebensburg to Indiana, PA. 1554. Texas.................. Completion of JBS Parkway by $5,000,000.00 connecting IH-20, the 2 segments of JBS Parkway across the railroad right-of-way and BI20. 1555. Oregon................. North Bend Waterfront District $600,000.00 Bike/Pedestrian project. 1556. Ohio................... SR 82 bridge construction in $3,000,000.00 Macedonia City. 1557. Michigan............... Reconstruction of County Road $800,000.00 612 from W. County Line to County Road 491, Montmorency County. 1558. Ohio................... Construct grade separation at $460,000.00 State Route 252, Cuyahoga County. 1559. New York............... Replace bridge over Mud Pond $400,000.00 Outlet on Spring Lake Road. 1560. Illinois............... Upgrade connector road from I- $2,400,000.00 255 to Rt. 3, Sauget. 1561. New Jersey............. Installation of automatic track $800,000.00 switch, Port Reading/Woodbridge. 1562. Georgia................ Streetscape [pedestrian safety $1,000,000.00 enhancements, sidewalks, curb replacement, restoration, landscaping, ADA compliance, restoration], Albany. 1563. Wisconsin.............. Reconstruct and rebuild bridge $6,000,000.00 over St. Croix River from Houlton, WI to Stillwater, MN. 1564. Washington............. Replace existing seismically $12,000,000.00 vulnerable viaduct and adjacent seawall, Seattle. 1565. Illinois............... Expedite engineering studies, $3,500,000.00 land acquisition, and construction to widen I-55 between I-80 and Naperville Road. 1566. Oregon................. Gateway Urban Renewal District $7,800,000.00 Development Plan for reconstruction and/or new construction of local multi- modal street projects. 1567. Mississippi............ Upgrade roads in Anguilla and $1,000,000.00 Rolling Fork, Sharkey County. 1568. Georgia................ Streetscape [pedestrian safety $500,000.00 enhancements, curb replacement, landscaping, ADA compliance], Cordele. 1569. California............. Colima Road/ Fullerton Road $1,000,000.00 intersection improvements in the city of Rowland Heights. 1570. Arizona................ Replace Veterans' Memorial $2,000,000.00 Overpass and upgrade it's associated roadway approaches, Pima County. 1571. Illinois............... Upgrade roads, Plainfield....... $500,000.00 1572. New York............... Rehabilitation of Rt. 100 from $1,100,000.00 Virginia Road to Westchester Community College. 1573. New Mexico............. Widen the US 491 (formerly US $2,000,000.00 666) corridor from Gallup north to Shiprock. [[Page 6133]] 1574. California............. Reconstruct I-710 southern $1,000,000.00 terminus off ramps, Long Beach. 1575. New Hampshire.......... Design, right-of-way $2,860,000.00 procurement, and construction from intersection NH 110 and 1st Avenue to Wight Street in Berlin, NH. 1576. New Jersey............. Improvements to Clove Road and $2,650,000.00 Long Hill Road in Little Falls & Upper Mountain Avenue in Montclair. 1577. Texas.................. Port of Corpus Christi Joe $1,000,000.00 Fulton International Trade Corridor for congestion and safety enhancements. 1578. New York............... Rehabilitate 125th Street $2,000,000.00 Corridor from Old Broadway to Marginal Street/Waterfront. 1579. Florida................ Dinky Line Trail from SR 527 to $500,000.00 South Lake Formosa Drive in Orlando, Florida. 1580. Texas.................. Relief route for US 271 from US $2,000,000.00 67 to FM 3417 around the west side of Mount Pleasant in Titus County. 1581. Texas.................. Reconstruct the I-35E Bridge $1,000,000.00 over the Trinity River in Dallas, Texas. 1582. Pennsylvania........... Independence National Historic $4,500,000.00 Park transportation enhancements: pedestrian facilities, and safety improvements, including landscaping. 1583. California............. Design and Implement Trails and $5,000,000.00 Bikeways Plan for the Golden Gate National Recreation Area and Presidio. 1584. Illinois............... Upgrade roads in the vicinity of $1,000,000.00 Henry Horner Homes, Chicago. 1585. New York............... Construct Lower Falls Pedestrian $1,000,000.00 Bridge and Approaches, Rochester. 1586. Pennsylvania........... Replace a highway railcrossing $2,000,000.00 in Osborne, PA. 1587. Oklahoma............... Reconstruct US412P East to I-44 $7,250,000.00 from regional port. 1588. Arkansas............... Improvements to Bridge #19032 in $50,000.00 Sulphur Springs. 1589. New York............... Reconstruction of 3.28 miles of $729,000.00 Surrey Meadow subdivision in Town of Chester- NY. 1590. California............. Construct Inland Empire $1,500,000.00 Transportation Management Center to better regulate traffic and dispatch personnel to incidents, Fontana. 1591. American Samoa......... Village road improvements for $2,000,000.00 Sua Vaifanua, and Saole counties in the Eastern District. 1592. Minnesota.............. Reconstruction of CSAH 7 from $2,800,000.00 Itasca County Road 341 to Scenic State Park entrance, Itasca County. 1593. Washington............. Renton 405/167 - Rebuild the SR $2,000,000.00 167 and I-405 interchange and add additional lanes to relieve congestion. 1594. Michigan............... Convert existing interchange at $1,900,000.00 Cedar Street and Pennsylvania Avenue off I-96. 1595. Connecticut............ Construct Salem Greenway........ $65,000.00 1596. New York............... Pedestrian walkway improvements $500,000.00 along Sunrise Highway, Lynbrook. 1597. New York............... Roadway improvements to Jackson $2,000,000.00 Avenue between Jericho Turnpike and Teibrook Avenue, Nassau County. 1598. Iowa................... Reconstruct 14.3-miles of I-235 $8,000,000.00 mainline roadway through Des Moines metro area. 1599. Florida................ Church Street Road Improvements, $13,000,000.00 Orlando. 1600. Ohio................... Bridge rehabilitation crossing $335,600.00 the Tuscarawas River in the City of Massillon. 1601. Michigan............... Nonmotorized Pathway, City of $426,000.00 Rockwood. 1602. Virginia............... Highway Connector Road to Marine $2,000,000.00 Terminal Site, Portsmouth. 1603. Florida................ Upgrade I-75 from 6 to 8 lanes $2,000,000.00 between SR 54 and SR 52 in Pasco & Hernando County. 1604. Arkansas............... Widening of Highway 118 to four $3,000,000.00 lanes from I-40 interchange North. 1605. Tennessee.............. Improve circuitry on vehicle $57,000.00 protection device installed at railroad crossing in Loudon, TN. 1606. Michigan............... I-94 Widening Bt. 12th St/ $14,000,000.00 Sprinkle Rd. 1607. Texas.................. This project will continue the $2,500,000.00 development and integration of statewide ITS systems. 1608. Mississippi............ Upgrade roads in Terry (U.S. hwy $1,366,000.00 51 and I-55), Edwards (U.S. Hwy 80, 22 and I-20), Utica (U.S. Hwy18 and 27), and Bolton (U.S. Hwy. 80 and I-20), Hinds County. 1609. Connecticut............ Construct Farmington Canal $2,000,000.00 Greenway, New Haven. 1610. Michigan............... Menominee County Road 557 Bridge $280,000.00 Replacement over the Little Cedar River. 1611. California............. Improvements (including arterial $3,750,000.00 street rehabilitation) to enhance traffic and pedestrian safety in Northridge, Granada Hills, and Porter Ranch, Los Angeles. 1612. Michigan............... Carpenter Road - 700 feet South $2,000,000.00 of Textile Road to I-94, Washtenaw County. 1613. Maryland............... MD 30 Hampstead Bypass.......... $1,000,000.00 1614. Massachusetts.......... Relocation of Route 79, creating $5,000,000.00 4-lane urban boulevard with landscaped median, opening up 8.5 acres of developable waterfront land, Fall River. 1615. Arkansas............... Upgrade Pedee Creek Bridge and $240,000.00 approaches, Logan County. 1616. New York............... Utica Marsh-Restablish Water $2,650,000.00 Street. Entails various road openings and improvements. 1617. Wisconsin.............. Widen State Highway 64 between $4,500,000.00 Houlton and New Richmond. 1618. Illinois............... Veterans Drive upgrades in Pekin $800,000.00 1619. Ohio................... Construct the existing IR 70 $12,000,000.00 interchange at US 40, SR 331 west of St Clairsville. 1620. California............. Install signal pre-emption $108,000.00 hardware at 53 traffic signals throughout Culver City to improve bus and first responder travel times. 1621. Arizona................ Construct 73 miles of wheelchair $2,000,000.00 accessible trails on the north and south rims of the Grand Canyon. 1622. Louisiana.............. Conduct multimodal corridor $2,500,000.00 study from Louis Armstrong New Orleans International Airport to New Orleans Central Business District. 1623. Tennessee.............. Construction of greenway in $2,000,000.00 Knoxville. 1624. Virginia............... Ceres Recreation Trail and $250,000.00 Center - design and construct pedestrian/bicycle recreation trail in the community of Ceres and establish trail center. 1625. Alabama................ Interchange at I-65 and $1,000,000.00 Limestone County 24/Browns Ferry Road, Tanner. 1626. Illinois............... Construct access road to $1,636,000.00 Southern Illinois University's Research Park from Hwy 51. 1627. Illinois............... Construct I-80/Ridgeland Avenue $700,000.00 interchange, Tinley Park. 1628. New York............... Reconstructs Empire Boulevard $4,000,000.00 from Nostrand Avenue to Utica Avenue. 1629. Pennsylvania........... Construct Southern Beltway (US $2,000,000.00 22 to Mon Fayette Expressway). 1630. Texas.................. Provide an intermodal roadway $1,500,000.00 connection from SH87 to the Port of Port Arthur. 1631. Indiana................ New road construction for $1,000,000.00 McClung Road from State Road 39 to Park Street in LaPorte, Indiana. 1632. New Jersey............. Replacement of Sparta Stanhope $1,000,000.00 Road Bridge. 1633. Arkansas............... Development of infrastructure $2,000,000.00 road to Russellville's intermodal facilities. 1634. Ohio................... Eastgate Area improvements for $4,100,000.00 Interchange Improvements at Route 32 & I-275 in Clermont County. 1635. Texas.................. Extend Munn Street from Demaree $1,000,000.00 Ln to Gellhorn Drive. 1636. California............. Geary Boulevard Improvements, $12,000,000.00 San Francisco. 1637. Illinois............... Upgrades to Cockrell Lane in $800,000.00 Springfield. 1638. Michigan............... Construct railroad grade $250,000.00 separation on M-85 (Fort Street) North of Van Horn Road, Trenton. 1639. Illinois............... Improve Great River Road, Mercer $500,000.00 County. 1640. Florida................ Connect Interstate 4 with the $8,000,000.00 Tampa Port. 1641. Illinois............... Municipal Drive (Sugar Grove): $4,760,000.00 Extension North from Rt. 30 to Wheeler Rd. and Galena Blvd. Extension west of Rt. 47. 1642. Georgia................ Bicycle and pedestrian trail $1,000,000.00 connecting Dabney-Hunter- Simmons Park with Davidson Parkway, City of Stockbridge. 1643. California............. Reconstruct interchange with $3,000,000.00 partial-cloverleaf on-ramp for south-bound traffic entering I- 80 from Central Avenue, City of Richmond. 1644. Illinois............... Improve roads and grade $4,000,000.00 separations in the vicinity of 130th Street and Torrance Avenue, Chicago. [[Page 6134]] 1645. New Jersey............. Construction and rehabilitation $2,500,000.00 of bridges W-7, W-8, and W-9 connecting Manasquan and Brielle Boroughs. 1646. New York............... Conduct studies to consider $1,000,000.00 transportation planning and community involvement for infrastructure projects that address congestion relief, New York City. 1647. Mississippi............ Upgrade roads in North $500,000.00 Carrollton (U.S. Hwy 35 and 82) McCain Street, South Street, Love Street, and Colver Street, Carroll County. 1648. Louisiana.............. Upgrade the 3.6 mile section of $5,650,000.00 LA 478 from I-49 at exit 132 to LA 1 south of Natchitoches, LA. 1649. Washington............. Replace I5 exit 79 interchange $2,000,000.00 bridge along Chamber of Commerce Way to provide more capacity. 1650. Illinois............... Widen U.S. Route 30 from Rock $500,000.00 Falls to Round Grove, Whiteside County. 1651. California............. Rosecrans Avenue/Aviation Blvd/ $6,000,000.00 Douglas Street improvements to reduce congestion and improve traffic flow, El Segundo. 1652. New York............... Update all county and town $75,000.00 signage in Wayne County, NY. 1653. New Mexico............. Construct the four lane $10,000,000.00 expansion of U.S. 62/180 from Carlsbad, New Mexico to Texas State line. 1654. Illinois............... Upgrade 31st Street and Golfview $6,400,000.00 Road intersection and construct parking facilities, Brookfield. 1655. South Carolina......... Install and improve highway-rail $992,000.00 crossing safety devices, Richland and Orangeburg Counties. 1656. North Carolina......... Widen SR 1165 from Parish Mill $960,000.00 Road to Dabney Drive, Henderson. 1657. New York............... Safety enhancements on East $1,000,000.00 Shore Road in Town of Warwick- NY. 1658. Iowa................... Upgrade Collins Road (Iowa $2,600,000.00 Highway 100) and 1st Avenue in Cedar Rapids, Iowa. 1659. Alaska................. Bridge over Fish Creek in $1,000,000.00 Matanuska-Susitna Borough. 1660. Georgia................ Addition of barrier-separated $500,000.00 HOV lanes on SR 316 from the I- 85 interchange to SR 20, Gwinnett Co. 1661. Arkansas............... Improvement of County Road 32, $500,000.00 Little Garnett/Cane Creek, Lincoln County. 1662. New York............... Rehabilitate and Improve Erie $1,000,000.00 Station Road, Route 15-I390 in the Town of Henrietta. 1663. Indiana................ Construct pedestrian islands and $1,000,000.00 narrow campus streets in the City of Anderson, Indiana. 1664. California............. Technical Feasibility Study for $3,000,000.00 the 710 Tunnel to connect the 710 to the 210. 1665. Ohio................... Multi-use, non-motorized use, $3,000,000.00 recreational trail that will connect Miami, Montgomery, Warren, and Butler Counties in SW Ohio. 1666. Florida................ I-75 Interchange Improvements in $2,000,000.00 Pembroke Pines, Broward County, Florida. 1667. Louisiana.............. Construct I-20/Tarbutton Road $2,000,000.00 Interchange, Lincoln Parish. 1668. California............. Replace Winters Bridge, Yolo $2,000,000.00 County. 1669. Michigan............... White Pine Trail State Park $1,500,000.00 paving project. 1670. California............. Construct Route 101 Auxiliary $4,200,000.00 Lanes 3rd Ave in the City of San Mateo to Millbrae Ave in Millbrae. 1671. New York............... Downtown Flushing traffic & $1,000,000.00 Pedestrian improvements. 1672. Massachusetts.......... Extension, resurfacing and $6,000,000.00 alignment improvements to the Norwottuck Rail Trail, Hampshire County. 1673. Indiana................ Widen Wheeling Avenue from $960,000.00 Centennial Road to McGalliard Road in the City of Muncie, Indiana. 1674. Ohio................... Construct interchange at CR 80 $5,000,000.00 on IR 77 near Dover. 1675. California............. Repair and realignment of Brahma $600,000.00 Drive and Winnetka Avenue, which serves the students of Los Angeles Pierce College. 1676. New York............... Implement ITS system and $100,000.00 apparatus to enhance citywide truck route system on Avenue P between Coney Island Avenue and Ocean Avenue in the 9th District of New York. 1677. Oregon................. Interstate-5 Trade Corridor for $6,000,000.00 preliminary engineering of Columbia River vehicle and transit crossings and interchange improvements. 1678. Texas.................. Widen 4-lane urban divided $4,000,000.00 roadway with raised median on FM 1637, McLennan County. 1679. Florida................ Construct US 17-92 Improvements $1,500,000.00 in Maitland, Florida. 1680. California............. Widen State Route 112 to four $8,000,000.00 lanes through Jamieson Canyon (between Interstate 80 and SR 29). 1681. New York............... Improve Queens Boulevard, New $500,000.00 York. 1682. Vermont................ Construction of the Lamoille $7,268,486.00 Valley Rail Trail for the Vermont Association of Snow Travelers. 1683. Florida................ Construct SR 9B Extension in St. $2,800,000.00 Johns County, Florida. 1684. Massachusetts.......... Pedestrian access and $2,100,000.00 streetscape improvements in the area of Huntington Avenue, Longwood Avenue, and Palace Road, Boston. 1685. Pennsylvania........... Improve Route 666 from Henry's $1,000,000.00 Bend in Forest County to junction with Route 948 in Warren County. 1686. West Virginia.......... Fairmont Gateway Connector $20,000,000.00 System to provide an improved highway link between downtown Fairmont and I-79 in the vicinity of Fairmont. 1687. Michigan............... Study to determine replacement $750,000.00 options for obsolete and structurally deteriorating bridge (Trenton- Grosse Ile Bridge) including approach roadways, Charter County of Wayne. 1688. Illinois............... Construct streetscape project, $350,000.00 Orland Hills. 1689. Kansas................. Deployment of an Intelligent $7,000,000.00 Traffic System within the Wichita Metropolitan Area. 1690. Indiana................ Realign and depress I-70 to make $10,000,000.00 way for new airport Interchange, Indianapolis. 1691. Illinois............... Reconstruct Old Madison Rd and $2,000,000.00 interconnected roadways, St. Clair County. 1692. North Carolina......... Garden Parkway -- Project $2,500,000.00 proposes to construct multilane freeway that will provide a high-speed corridor around south side of Gastonia. 1693. Ohio................... Reconstruct I-75/I-475 $3,000,000.00 Interchange, Toledo. 1694. Illinois............... Upgrade Keystone Avenue and $1,000,000.00 Homan Avenue, Robbins. 1695. Tennessee.............. Develop trails, bike paths and $250,000.00 recreational facilities on the Crest of Black Mountain, Cumberland County for Cumberland Trail State Park. 1696. Nevada................. Improve Lake Mead Parkway $1,500,000.00 Henderson, Nevada. 1697. Louisiana.............. LA 42 in Ascension Parish, and $10,000,000.00 LA 73 improvements. 1698. Tennessee.............. Widen SR35/US-411 beginning in $2,000,000.00 Sevier County an crossing through Jefferson County, ending at I-40 in Cocke County. 1699. Texas.................. Construction of Old Hueco Tanks $2,500,000.00 Road from Interstate 10 to FM76, Socorro. 1700. Ohio................... Construct full movement $7,500,000.00 interchange on I-75 at Austin Pike from Wood Road to the west and SR41 to the east. 1701. New York............... Replace bridge over CSX lines on $400,000.00 Highbridge Road. 1702. Iowa................... Reconstruct NW 70th Avenue from $5,000,000.00 86th Street to NW Beaver Drive. 1703. Georgia................ Upgrade SR141 corridor in the $2,000,000.00 Buckhead Community Improvement District. 1704. Ohio................... Bridge replacement over the $400,000.00 Nimishillen Creek in the City of Canton. 1705. Illinois............... US 67 Corridor Concord/ $1,000,000.00 Arenzville Rd. to East of IL 100. 1706. Alabama................ City of Vestavia Hills $500,000.00 pedestrian walkway to cross U.S. 31. 1707. Mississippi............ State Route 609 to State Highway $3,000,000.00 15 connector, Jackson and Harrison Counties. 1708. Wisconsin.............. Reconstruct State Highway 45, $1,000,000.00 City of Antigo. 1709. California............. Widen Santa Maria River Bridge $3,400,000.00 on U.S. Highway 101 between Santa Barbara County and San Luis Obispo County. 1710. Illinois............... Improve 83rd Street from Roberts $5,250,000.00 Road to 83rd Avenue and improve 79th Street/88th Avenue intersection, Justice. 1711. California............. Improve Central Avenue Historic $1,000,000.00 Corridor Streetscape, Los Angeles. 1712. Massachusetts.......... Safety and Operational $3,000,000.00 improvements to three Route 128 North exchanges, Town of Danvers. 1713. Illinois............... Resurface Elston Avenue, Chicago $2,000,000.00 1714. New York............... Atlantic Avenue Highway Access $5,000,000.00 Improvement between Van Wyck Expressway and Jamaica Station. [[Page 6135]] 1715. Florida................ Construct I-4/GreeneWay Ramp $5,000,000.00 Connector in Seminole County, Florida. 1716. New York............... Reconstruct pedestrian walkways $1,000,000.00 located in the Bronx. 1717. Illinois............... Metra/Anderson Rd. (Elburn $9,500,000.00 Station): Construction of a new roadway and grade separation of the UP West Line east of Elburn, IL. 1718. South Carolina......... Replacement of Greenville County $2,000,000.00 maintained bridges. 1719. Pennsylvania........... Design, engineering, ROW $600,000.00 acquisition, and construction of a connector road between Pennsylvania State Route 93 and Pennsylvania State Route 309, Hazle Township. 1720. Oklahoma............... Construction of Midwest City $1,000,000.00 Pedestrian Walkway. 1721. Texas.................. The project is part of the 177- $11,500,000.00 mile Grand Parkway loop being constructed around the metropolitan Houston Area. 1722. Massachusetts.......... Rehabilitation of Route 21 $2,030,000.00 bridge over the Chicopee River, Springfield. 1723. New Jersey............. Replacement of the Magnolia $1,000,000.00 Avenue Bridge over Route 1 & 9, Elizabeth City. 1724. Illinois............... For engineering, right-of-way $1,750,000.00 acquisition and reconstruction of two existing lanes on Arsenal Road from Baseline Rd to Rt 53. 1725. Iowa................... Construction and replacement of $2,500,000.00 a deficient bridge at U.S. Highway 34 Missouri River Bridge at Glenwood, IA (Mills County). 1726. Illinois............... Upgrade roads and bridges, $1,000,000.00 Chicago. 1727. Illinois............... Upgrade roads in the vicinity of $1,180,000.00 Rockwell Gardens, Chicago. 1728. Virginia............... Upgrade/Widen Route 11 at $1,000,000.00 Maurertown in Shenandoah County. 1729. Michigan............... Reconstruct 3.2 miles of I-96 $2,000,000.00 including all ramps at M-39, Detroit. 1730. New York............... Road construction at new Town $750,000.00 Hall facility in Town of Kent, NY. 1731. Illinois............... Upgrade streets, Stickney $5,000,000.00 Township. 1732. Minnesota.............. Construct bike-walk trail $288,602.00 between the cities of Isanti and Cambridge in the State Highway 65 Corridor. 1733. Illinois............... Improve Ogden Avenue, Chicago... $13,000,000.00 1734. Pennsylvania........... Improve Route 322 at Halls Run $1,700,000.00 in Venango County. 1735. Colorado............... Construct East Corridor project. $2,000,000.00 1736. California............. Provide widening of the existing $3,000,000.00 two-lane railroad underpass on SR89 in Nevada County. 1737. New York............... Staten Island Fast Ferry $14,000,000.00 Purchase. 1738. Tennessee.............. Interchange planning on I-65 at $400,000.00 Highland Road. 1739. Oklahoma............... Construct SH3 improvements from $15,000,000.00 Antlers to Broken Bow. 1740. Illinois............... Improve roads and construct $2,790,000.00 pedestrian underpass, Western Springs. 1741. Arkansas............... Improvement of Sugarloaf Road $500,000.00 and Sugarloaf Bridge Construction, Clark County. 1742. Ohio................... Road improvements from Elton St. $800,000.00 North to Wooster St. in Tuscarawas Township. 1743. Missouri............... Hanley Road Improvements, St. $2,000,000.00 Louis County. 1744. Tennessee.............. Construct portion of new State $3,400,000.00 Route 374 Bypass west of Clarksville. 1745. Florida................ Miami River Greenway Roadway $1,000,000.00 Improvements and 5th Street Improvements. 1746. Michigan............... Improve Fed Forest HWY 16 from M- $500,000.00 38 to Houghton County Line, Ontonagon County. 1747. Illinois............... Upgrade Ridge Avenue, Evanston.. $3,000,000.00 1748. New Jersey............. Garden State Parkway Grade $45,000,000.00 Separation, Cape May County. Eliminates 3 at grade interchanges (9,10,11) & replace with grade separations. 1749. Oklahoma............... Improvements to I-235 (Broadway $1,000,000.00 Extension) from 36th St. To 63rd St. in Oklahoma City, OK. 1750. California............. Improve access from I-8 and $1,000,000.00 construct parking lot for the Imperial Sand Dunes Recreation Area Visitors Center, Imperial Valley. 1751. Oklahoma............... HW 60 Pawhuska to Bartlesville, $2,000,000.00 Osage Co. 1752. Maryland............... Upgrade conduit for traffic $1,700,000.00 signal system, street lighting, and traffic-related video cameras, Baltimore. 1753. Washington............. Overpass improvement along 3 $1,000,000.00 mile section of SR501, between MP 0 and MP 3. 1754. Ohio................... Construct Portage Bike and Hike $1,000,000.00 Trail, Portage County. 1755. Tennessee.............. Widen State Route 33 in Knox $6,500,000.00 County, TN. 1756. Illinois............... Upgrade Curtis Rd in conjunction $7,000,000.00 with state plan for I-57 interchange, from Duncan Rd to 1st St in Champaign. 1757. Washington............. Avenue D Reconstruction, $1,800,000.00 Snohomish. 1758. Illinois............... de roads, Village of Hillside... $1,000,000.00 1759. Louisiana.............. North-South Corridor from Houma/ $5,000,000.00 Thibodaux to I-10. 1760. New York............... Construction of and improvements $500,000.00 to Main Street in the Town of Eden. 1761. California............. State Route 52 East upgrade (SR $6,400,000.00 125 to SR 67). 1762. California............. I-80 at Eureka Road Interchange - $2,000,000.00 Improve access to I-80 by reducing traffic congestion at two heavily traveled on-ramps at Eureka Road and Riverside Avenue in Placer County. 1763. Massachusetts.......... Study and design I-93 / Mystic $500,000.00 Avenue Interchange at Assembly Sq, Somerville. 1764. Tennessee.............. Construct roundabout $900,000.00 intersection at Hwy 41A and Hwy 49, Pleasant View. 1765. California............. Bay Road improvements between $4,000,000.00 Clarke Avenue and Cooley Landing. Northern access improvements between University and Illinois Avenues, East Palo Alto. 1766. Texas.................. Construct new intersection $17,000,000.00 direct connections between IH- 635 and IH-35E, Dallas County, Texas. 1767. Texas.................. Continuation of item number 92 $2,500,000.00 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century. 1768. California............. Transportation enhancements, $75,000.00 Bellflower. 1769. Texas.................. Implement the recommendations of $5,000,000.00 a forthcoming study on reducing congestion in and around the Texas Medical Center. 1770. Arkansas............... Improvements to Jenny Lind Road $6,000,000.00 and Ingersoll Road in Fort Smith. 1771. New York............... Design/Environmental work on the $2,400,000.00 Inner Loop from Clinton Avenue to East Main Street, Rochester. 1772. New York............... Implement ITS system and $100,000.00 apparatus to enhance citywide truck route system on Victory Blvd Between Travis Ave and West Shore Expressway Travis Section of SI. 1773. Maine.................. Gorham Village Bypass, Gorham... $9,600,000.00 1774. Michigan............... Street Project for Access Road $23,160.00 to Develop 65-Acre of Municipal Tract of Industrial Land, Village of Cass City, Tuscola County. 1775. Colorado............... Roadway widening and interchange $14,000,000.00 rebuilding on I-225 from I-70 to Parker road. 1776. Indiana................ Improve Baile Street, Kentland.. $300,000.00 1777. Virginia............... Extension of six-lane section of $3,000,000.00 U.S. Rt. 29 between Eaton Place at Rt. 123. 1778. Georgia................ Improve sidewalks, upgrade $680,000.00 lighting, and add landscaping in downtown Glennville. 1779. Georgia................ Construct Effingham bypass, SR $3,500,000.00 21 to SR 275. 1780. Texas.................. SH 114/SH 121 ``Funnel Project'' $4,000,000.00 - Preliminary Engineering Study. 1781. Georgia................ DeKalb schools pedestrian safety $4,500,000.00 upgrades. 1782. Washington............. Install dual left turn lanes and $1,750,000.00 intersection signal modifications at SR432 and Columbia Blvd. 1783. Indiana................ Reconstruction of .46 miles of $1,000,000.00 Range Line Rd. and replacement of Hamilton County Bridge number 194 in Carmel, IN. 1784. California............. Land acquisition to mitigate $1,000,000.00 impacts to natural habitats and wetlands caused by highway projects on US1 and US101 in areas around Solstice Canyon in the Santa Monica National Mountains Recreation Area. 1785. Arizona................ Construct and replace Safford $3,000,000.00 8th Avenue north of Safford, Arizona. 1786. California............. Construct overpass at Central $1,000,000.00 Avenue Overpass and the Union Pacific railroad crossing, Newark. [[Page 6136]] 1787. Oregon................. Widen Oregon Highway 217 between $6,250,000.00 Tualatin Valley Highway and the US 26 interchange, Beaverton. 1788. South Carolina......... I-73 Interstate from South $10,000,000.00 Carolina State line to Myrtle Beach Area. 1789. Tennessee.............. Improve circuitry on vehicle $99,000.00 protection device installed at railroad crossing in Athens, TN. 1790. Texas.................. Extend Dowlen Rd. from College $3,460,000.00 St. to Walden Rd., Beaumont. 1791. Louisiana.............. Peters Road improvements in $1,000,000.00 Plaquemines Parish. 1792. Florida................ Expand I-95/Palm Coast Parkway $3,000,000.00 Interchange in Flagler County, Florida. 1793. New Mexico............. Improvements to U.S. Highway 87 $2,000,000.00 from Raton to Clayton. 1794. New York............... Implement traffic calming and $400,000.00 safety improvements in the Gateway to Great Neck area. 1795. Tennessee.............. Increase safety at intersections $500,000.00 on US11E through Russellville, Whitesburg, Bulls Gap and I-81, roadway improvements for local access roads. 1796. Massachusetts.......... Charlemont Bridge, Route 2. $4,800,000.00 Replacement of the Charlemont Bridge that crosses Deerfield River, Charlemont. 1797. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of IS 194. 1798. Florida................ Extension of Apopka Bypass- $1,000,000.00 Maitland Boulevard in Orange County, Florida. 1799. Virginia............... Jamestown 2007, To provide $2,750,000.00 transportation infrastructure for visitors to Jamestown Island. 1800. Minnesota.............. Trunk Highway 23 bypass of the $3,000,000.00 city of Paynesville. 1801. New York............... Construct improvements on Rt. 12- $1,205,000.00 Phase I other projects. 1802. Florida................ Widening and improvements to $1,000,000.00 Snake Road (BIA Rt. 1281) in Hendry County. 1803. Texas.................. Expansion and improvements to $16,000,000.00 Loop 304, Crockett. 1804. South Carolina......... McClellan Road Bridge in $310,000.00 Anderson County. 1805. Michigan............... Construction of I-696 freeway $1,000,000.00 ramps, Southfield. 1806. Georgia................ Revitalization project will $500,000.00 extend and resurface the Roberta Walker Trail, Roberta. 1807. California............. Provides funding for the $2,000,000.00 construction of auxiliary lanes in each direction of U.S. 101 from Marsh Road to the Santa Clara County line. 1808. New York............... Wayne County rails to trails $345,000.00 initiative, creating bicycle/ pedestrian trails. 1809. Arkansas............... Widen and replace bridges on $500,000.00 Hopewell Road, Union County. 1810. New York............... Construct Setauket/Port $5,000,000.00 Jefferson Station Greenway Trail. 1811. California............. Construct new ramps to Route $3,000,000.00 262, widen 262, reconstruct railroad bridges, Fremont. 1812. Michigan............... Resurfacing of Eleven Mile Road, $480,000.00 St. Clair Shores. 1813. Illinois............... Construction of new access road $75,000.00 from Hazel Dell Lane to Hope School in Springfield. 1814. New York............... Construction of a new entrance $1,000,000.00 ramp from 9A Southbound to the Taconic State Parkway Southbound near the northbound Taconic exit ramp to 9A. 1815. New York............... Route 590 Reconstruction Project $4,000,000.00 in the Town of Irondequoit, NY. 1816. New York............... Improve Hospital Road Bridge $6,000,000.00 between CR99 and CR101, Patchogue. 1817. Minnesota.............. Interchange at CSAH & Hwy 24 in $1,000,000.00 Cannon Falls, project development cost three interchange sites & one overpass along 52. 1818. New York............... Queens and Brooklyn County $4,000,000.00 Graffiti Elimination Program including Kings Highway from Ocean Parkway to McDonald Avenue. 1819. Texas.................. Construction of La Entrada al $5,000,000.00 Pacifico south of Odessa to relieve traffic from El Paso and Del Rio. 1820. Alabama................ Additional lanes would be added $1,000,000.00 to SR-167 from Troy to Enterprise. 1821. Ohio................... Improve SR 14/Washingtonville Rd $824,000.00 Intersection, Washingtonville. 1822. Ohio................... Transportation Museum facility $750,000.00 expansion and improvements, City of Warren. 1823. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of PS 277. 1824. Kentucky............... Construct the Albany Bypass, $4,000,000.00 Clinton County. 1825. Massachusetts.......... Route 110 & I-93 rotary $1,500,000.00 improvements. 1826. Tennessee.............. Upgrade circuit at gates/lights $50,000.00 for Bristol grade crossing (Cedar Street) to intelligent systems that eliminate current variability. 1827. Massachusetts.......... Improvements to Mass. Ave, $1,000,000.00 Andover Street, Osgood Street, Salem Street, and Johnson Street, Town of North Andover. 1828. New York............... Construct W. 79th St. Rotunda, $2,000,000.00 New York City. 1829. California............. Conduct Study and Construct Mc $4,000,000.00 Kinley Interchange at SR 120 Project, Manteca, CA. 1830. Indiana................ Construct Margaret Avenue $4,000,000.00 Underpass in Terre Haute. 1831. Kansas................. Removal of structurally $7,000,000.00 deficient bridge and construction of a new major river crossing of Topeka Blvd. over the Kansas River. 1832. Michigan............... Replacement of the interchange $8,700,000.00 at 44th Street and US-131 in Grand Rapids. 1833. New Jersey............. Pedestrian, safety, and street $520,000.00 lighting improvements, Edison National Historic Site. 1834. Maine.................. Construct and plan Lewiston/ $5,800,000.00 Auburn Downtown Connector. 1835. Michigan............... Improve the existing highway- $2,000,000.00 rail crossing at Cogshall Street, relocate existing signals. 1836. Illinois............... Improve Sheridan Road, Evanston. $2,000,000.00 1837. South Carolina......... Murphy Road East Bridge in $115,000.00 Anderson County. 1838. Texas.................. Construct 36th Street Extension $6,000,000.00 to connect KellyUSA, San Antonio. 1839. New York............... Rehabilitate Rt. 12 at Town and $4,852,000.00 Village of Greene. 1840. Kentucky............... Replace bridge and approaches $500,000.00 over Beaver Creek (C14) 1.0 mile SE of JCT CR-1221. 1841. Mississippi............ US Hwy 61 Widening/ $1,500,000.00 ImprovementWidening US Hwy 61 through Natchez and improving 3 major intersections, including turn lanes, at Devereaux, Liberty, and Junkin Roads. 1842. Oregon................. Rockwood Town Center for Stark $2,000,000.00 Street from190th to 197th for pedestrian, bicycle and transit facilities and safety mitigation. 1843. Michigan............... Expansion of Cass Avenue, $8,763,000.00 Clinton Township. 1844. Washington............. Port of Tacoma Road - Construct $500,000.00 a second left turn lane from westbound Pac Hwy to Port of Tacoma Road. 1845. Georgia................ Bicycle and pedestrian trail 1.5 $960,000.00 miles along Jester Creek, City of Morrow. 1846. Mississippi............ I-20 Interchange and Connectors $1,000,000.00 at Hawkins Crossing:I-20 Interchange and connectors linking Meridian and industrial complex to US Hwys 11 and 45. 1847. Massachusetts.......... Engineering and construction of $2,500,000.00 the Longfellow Bridge, Boston. 1848. California............. Construct A 2.8 mile bikeway, $400,000.00 working in conjunction with the city of Whittier, that will connect four other regional trails and bikeways. 1849. Ohio................... Construct White Pond Dr. $1,000,000.00 project, Akron. 1850. Arkansas............... Resurfacing Grigsby Ford Road, $220,000.00 Hot Spring County. 1851. Oregon................. Lake Road, Milwaukie for $3,000,000.00 improvements in traffic flow, safety, bicycle and sidewalk facilities along the length of the road. 1852. North Carolina......... Improve US221 to multilane $5,000,000.00 highway resulting in additional traffic-carrying capacity and enhanced safety. 1853. Arkansas............... Continued development of $1,000,000.00 connector from relocated Highway 67 North to Highways 49 and future Interstate 555. 1854. Nevada................. Construct Las Vegas Martin $5,500,000.00 Luther King Blvd. to Industrial Road Connector. 1855. Ohio................... Grading, paving, roads, and ramp $5,500,000.00 facilities for the transfer of rail-to-truck for the intermodel facility at Rickenbacker Airport. 1856. Illinois............... Upgrade roads, Village of $1,005,000.00 Maywood. 1857. Illinois............... IL Rt. 82 Railroad Underpass $3,000,000.00 (Geneseo): Would raise the height of a narrow highway underpass. 1858. Minnesota.............. Hwy 36/McKnight Road Interchange $5,000,000.00 Reconstruction, Ramsey County. [[Page 6137]] 1859. New York............... Rehabilitation of the bridge at $1,000,000.00 Warburton Avenue and Factory Lane, Yonkers. 1860. Minnesota.............. Skyline Parkway Corridor $4,000,000.00 preservation and roadway improvements from Seven Bridges Road to Becks Road, City of Duluth. 1861. Indiana................ Reconstruct 3.4 miles of 2 lane $500,000.00 rural road as divided parkway with landscaped median and recreation paths in Carmel, IN. 1862. Massachusetts.......... Design and engineering of 30- $600,000.00 mile bikeway extending south from the Town of Salisbury to the Town of Danvers. 1863. Minnesota.............. Stearns County Bridge no. 73501 $400,000.00 improvements. 1864. Louisiana.............. Improve Zachary Taylor Parkway $1,000,000.00 in LA. 1865. Texas.................. SH 164 in Groesbeck to Sand $2,000,000.00 Branch Creek. Reconstruct a two- eleven foot main lane roadway to a two-lane twelve-foot main lane with eight-foot shoulder facility. Overall widening of SH 164 for safety. 1866. Colorado............... Upgrade I-70 from Glenwood $4,000,000.00 Canyon to C-470. 1867. New York............... Phase II Corning Preserve $5,000,000.00 Transportation Enhancement Project. 1868. Michigan............... Purchase and implementation of $13,100,000.00 various Intelligent Transportation System technologies in the Grand Rapids metro region. 1869. Connecticut............ Upgrade North Stonington, CT - $480,000.00 Westerly, RI Bridge. 1870. California............. Oregon-Page Mill expressway $2,000,000.00 improvements between U.S. 101 and S.R. 82, Palo Alto. 1871. New York............... Pedestrian walkway improvements $1,000,000.00 along Sunrise Highway, Valley Stream. 1872. California............. Study economic, environmental $100,000.00 and congestion mitigation benefits of a Hybrid Utility Vehicle, Santa Barbara County. 1873. Virginia............... Route 613 Bridge over Gold Mine $500,000.00 Creek - Louisa County. 1874. Illinois............... Undertake traffic mitigation and $500,000.00 circulation enhancements on 57th and Lake Shore Drive, Chicago. 1875. Ohio................... Walnut Ave. Bridge replacement $500,000.00 project in the City of Alliance. 1876. California............. Pedestrian Bridge Over Atlantic $510,000.00 Boulevard, the City of Monterey Park. 1877. New York............... Emergency vehicle preemption $500,000.00 system at traffic signals, Smithtown. 1878. New York............... Implement ITS system and $100,000.00 apparatus to enhance citywide truck route system on Broadway to Irwin Ave between 232 to 231 in the neighborhood of Kingsbridge, NY. 1879. Ohio................... Conduct Phase II of U.S. Route $2,300,000.00 68 bypass project in Urbana. 1880. Texas.................. This project will develop a $4,000,000.00 statewide 511 program. 1881. New Jersey............. Intermodal Access Improvements $2,000,000.00 to former MOTBY, Bayonne. 1882. Connecticut............ Construct Route 11 Extension and $15,345,000.00 Greenway from Salem to Waterford. 1883. New Jersey............. Rowan Boulevard Parking adjacent $1,000,556.00 to Highway 322 Corridor, Glassboro Township. 1884. Kentucky............... Construct the Northern Bypass of $14,000,000.00 Somerset, Kentucky and Interstate 66 from the Cumberland (Louie B. Nunn) Parkway west of Somerset, Kentucky to Interstate 75 south of London, Kentucky. 1885. New York............... Construct sidewalk along $400,000.00 KingsFerry Rd. and Cortlandt St. in Town of Cortlandt -NY. 1886. Virginia............... Appalachian Traditions - $250,000.00 construction of outdoor facilities along Music Heritage Trail, Josephine. 1887. Louisiana.............. Construct US 90/LA 675 $5,000,000.00 interchange, Iberia Parish. 1888. Kentucky............... Widening US 25 from US 421 to $800,000.00 KY876, Richmond. 1889. Washington............. Kent Willis UP Tracks - Provide $1,000,000.00 grade separation at the existing railroad tracks at the UP tracks. 1890. New York............... Improvement on Burnt Corners Rd $100,000.00 and Grahamtown Rd. in Town of Greeneville-NY. 1891. Nebraska............... Construct new E-W and N-S $4,000,000.00 roadways/elevated railroad crossing to enhance comprehensive redevelopment of downtown Lincoln. 1892. Illinois............... Improve roads, Benton........... $2,300,000.00 1893. Pennsylvania........... Northwest Lancaster County River $250,000.00 Trail will parallel 14 miles of Susquehanna River. 1894. Georgia................ Bridge replacement on County $425,000.00 Road 183-FAS Route 1509, Peach County. 1895. Florida................ Construction of a new bridge at $4,000,000.00 Indian Street, Martin County, Florida. 1896. New York............... Improvements to Ashburton Ave. $600,000.00 from the Saw Mill River Parkway to the waterfront. 1897. Florida................ SW 62nd - SW 24th arteriol $1,000,000.00 connector alleviating traffic on I-75. 1898. Kentucky............... Make Highway 55 (aka Highway $10,000,000.00 555) into a 4 lane highway. 1899. Missouri............... RiversSouth Development, St. $3,000,000.00 Louis County. 1900. Washington............. Emission reduction kits to be $2,000,000.00 put on diesel vehicles (Diesel Solution program, Puget Sound Clean Air Agency). 1901. Alaska................. Variety of road improvements and $5,000,000.00 upgrades to service road areas and miscellaneous projects within Northstar Borough. 1902. Indiana................ Louisville/Southern Indiana Ohio $14,400,000.00 River Bridges Project, Indiana. 1903. New York............... Roadway improvements on CR3 $2,000,000.00 between Ruland Rd and I-495, Suffolk County. 1904. New York............... Improve the Bronx River Greenway $800,000.00 Park Connection. 1905. Illinois............... Resurface Yellow Banks Road, $300,000.00 Franklin County. 1906. Iowa................... Construct a Pedestrian Trail $250,000.00 Bridge adjacent to U.S. Highway 275 across the Southern half of Council Bluffs, IA between the Missouri River and the Interstate 29 interchange. 1907. Florida................ SR 434 to JKF Blvd. Roadway $3,000,000.00 Reconstruction, Eatonville. 1908. California............. Improving the interchanges on I- $2,000,000.00 5 at Genesee Ave and Sorrento Valley Blvd. 1909. Georgia................ Construct Statesboro North $2,000,000.00 bypass, SR 26 to SR 73. 1910. Washington............. Intersection project at South $3,000,000.00 Access-522 beginning and ending at the UWB-CCC campus to improve access and alleviate congestion. 1911. Michigan............... Plymouth, Repair Auburn St...... $500,000.00 1912. Missouri............... Add 2 lanes to current 2 lane $1,000,000.00 roadway, front street between I- 29, I-35 and Chouteau Trafficway. 1913. Florida................ Airport Access Road, Gainesville $1,000,000.00 1914. Oregon................. Columbia Intermodal Corridor for $12,000,000.00 rail congestion relief, improved intersections and access to Interstate-5 for trucks, and grade-separate road from rail, Portland. 1915. California............. This project will widen the $2,000,000.00 northbound ramps and widen the southbound ramps at the I-15 and SR-79 south interchange. 1916. Washington............. Realign West Main Street through $2,000,000.00 west Kelso. 1917. Washington............. Construct an off-ramp from I-5 $500,000.00 to the intersection of Alderwood Mall Blvd and Alderwood Mall Pkwy. 1918. New York............... Resurface Grade Crossing at Old $500,000.00 State Road (County Route 82). 1919. New York............... Reconstruct a historic bridge $580,000.00 crossing Maxwell Creek in the Town of Sodus, NY. 1920. New York............... Fulton Street Improvements from $5,600,000.00 Pennsylvania Avenue to Eldert Lane, Brooklyn. 1921. Alabama................ Talledega Mountains Natural $1,000,000.00 Resource Center - an educational center and hub for hikers, bicyclists, and automobiles. 1922. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition, and construction of street improvements and safety enhancements, Borough of Dupont in Luzerne County. 1923. Nebraska............... Construct planned 68-mile, 4- $13,000,000.00 lane expressway on N-35 from Norfolk to South Sioux City. 1924. Missouri............... Modifications to I-470-US50 $1,000,000.00 Interchange. 1925. Michigan............... West Michigan Regional Planning $500,000.00 Study for transportation and infrastructure. 1926. Virginia............... Improve State Routes 161 and 315 $1,000,000.00 and construct infrastructure improvements at/adjacent to Virginia Museum of Fine Arts in Richmond. [[Page 6138]] 1927. California............. Development study of the $14,000,000.00 Riverside-Orange corridor through the Community Environmental Transportation Acceptability Process (CETAP). 1928. California............. Land acquisition in Sargent $1,000,000.00 Hills to mitigate for road runoff into water sources and to protect a wildlife corridor connecting Santa Cruz Mountains to Mt. Hamilton Range, Santa Clara County. 1929. Michigan............... CR 186 from M-35 at Brampton to $240,000.00 US2 & US41 - bituminous overlay with super elevation, correction, curb, and gutter, Delta County. 1930. Oklahoma............... Widen US 60 from approximately 2 $2,000,000.00 miles east of the US 60/US 75 interchange east approximately 5.5 miles. 1931. North Carolina......... Continued development of $1,300,000.00 pedestrian bike paths, Cary. 1932. Massachusetts.......... Warren Street and Blue Hill $2,000,000.00 Avenue street improvements, Boston. 1933. Pennsylvania........... Construct limited access $3,150,000.00 interchange on I-81 in Guilford Township. 1934. Michigan............... Construction of improvements of $3,400,000.00 4 miles connecting M40 in Western Allegan County to Middleville and a bridge over Thornapple River. 1935. Georgia................ Historic preservation of a city $134,917.00 bus station in downtown Eastman. 1936. Texas.................. This project will deploy ITS $4,000,000.00 elements in the rural areas of Texas. 1937. Texas.................. Relocation of FM 156 at Alliance $5,000,000.00 Airport. 1938. Texas.................. Construct a 3 level diamond $2,000,000.00 interchange on IH 35, Bell County. 1939. Washington............. Improvements in the SR9 $1,500,000.00 corridor, Snohomish County. 1940. Texas.................. Reconstruct State Highway 87 $7,000,000.00 from SH 124 to Sabine Pass. 1941. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of Prospect Park Yeshiva. 1942. Ohio................... Replace McDonald Industrial $500,000.00 Bridge, Village of McDonald. 1943. Tennessee.............. Plough Boulevard Interchange $2,000,000.00 project to improve access to Memphis International Airport. 1944. New York............... Rehabilitation of the Ashford $2,600,000.00 Ave. bridge over I-87 in the Villages of Dobbs Ferry and Ardsley. 1945. Washington............. Granite Falls Alternate Freight $2,400,000.00 Route, Granite Falls. 1946. New York............... Rebuild Queens Plaza, a 250-foot $8,000,000.00 wide roadway on the astern end of the Queensborough Bridge. 1947. New Jersey............. Reconfiguration of Bay Avenue $8,000,000.00 and Polaris Street in Newark, NJ. 1948. Illinois............... Reconstruct Winter Ave, existing $5,400,000.00 1 lane Railroad subway, and 1 lane bridge to provide access to Winter Park in Danville. 1949. New York............... Eastern Laurelton Area $6,600,000.00 Improvements, Queens. 1950. Texas.................. Construct grade-separation $7,200,000.00 bridges at Wintergreen and Millers Ferry Roads in Hutchins and at Pleasant Run and Millers Ferry Roads, Wilmer. 1951. Pennsylvania........... Engineering, design and $2,000,000.00 construction of an extension of Park Avenue north to Lakemont Park in Altoona. 1952. Florida................ Increase four lane road to a six $2,000,000.00 lane segment on Highway 98, Walton County. 1953. New Jersey............. Pedestrian facilities and street $347,120.00 lighting on Haddon Avenue from Voorhees Township Line to Bate Avenue, Berlin Township. 1954. Minnesota.............. Acquire right of way for $12,000,000.00 reconstruction and relocation of U.S. Highway 14 from CSAH 2 to Owatonna. 1955. New York............... Construct highway improvements $2,000,000.00 necessary to develop an industrial park in Lackawanna. 1956. Alaska................. Emergency evacuation road at $5,000,000.00 Point Hope in North Slope Borough. 1957. Michigan............... Rail Consolidation Phase II, $5,250,000.00 City of Monroe. 1958. New York............... Road and pedestrian safety $1,400,000.00 improvements on Main Street, Village of Patchogue. 1959. Ohio................... Construct connector between $700,000.00 Crocker and Stearns County Highways, Westlake and North Olmsted. 1960. Tennessee.............. Improve and relocate section of $2,750,000.00 SR-66 from I-81 in Jefferson County and extending to SR-34 in Hamblen County via SR-160. 1961. Ohio................... Calming of traffic on Greenfield $1,700,000.00 st. in City of Tiffin and improving intersection of Greenfield St. with Routes 18 and 101. 1962. California............. Realignment of La Brea Avenue to $4,240,000.00 reduce congestion, Inglewood. 1963. Minnesota.............. Construct one mile of new $3,280,000.00 roadway and a bridge crossing the DM&IR railroad tracks, and construct connector between CSAH 14 and CSAH 284, Proctor. 1964. Georgia................ Construct 5 ft. bicycle lanes to $1,250,000.00 connect the cities of Elberton and Lake Russell, and rest stops for recreational use. 1965. California............. Construct fourth bore of $1,000,000.00 Caldecott Tunnel on Route 24. 1966. Illinois............... Prospect St. Project $1,200,000.00 (Cambridge): Restoration and reconstruction of the central business district street. 1967. New York............... Roadway improvements to Woodbury $1,500,000.00 Rd at intersection with Syosset- Woodbury Rd., Nassau County. 1968. New Jersey............. Rt. 1&9, Roadway Rehabilitation $1,000,000.00 in North Bergen. 1969. New York............... Construct and improve access $1,500,000.00 roads to Northland Commerce Park, Buffalo. 1970. Massachusetts.......... Meridian Street Bridge. $2,300,000.00 Replacement of the Meridian Street bridge that crosses the Green River, Greenfield. 1971. Kansas................. Highway construction project on $13,970,000.00 K-18 in Geary County, south 2.7 miles to Interstate 70. 1972. Pennsylvania........... Schaefferstown Bypass, PA Route $1,000,000.00 501, Lebanon. 1973. North Carolina......... Widen US 401 to multilane $4,000,000.00 facility between Fayetteville and Fuquay-Varina. 1974. Washington............. North Sound Connecting $1,000,000.00 Communities Project Planning Funds. 1975. Georgia................ Construct Blue Jay Rd. to $2,500,000.00 Highway 30 in Effingham. 1976. North Carolina......... Widening of US501 from NC 49 in $10,000,000.00 Roxboro, North Carolina to the Virginia State line, part on new location. 1977. Maryland............... Reconstruction of roadways in $6,000,000.00 the East Baltimore Biotechnology Park. 1978. Ohio................... Construct additional lane to $800,000.00 alleviate traffic congestion on US 40 in and adjacent to St Clairsville. 1979. Missouri............... Intersection improvement of Hwy $3,000,000.00 45, Hwy K, and Union Chapel Road, in addition to widening Hwy 45. 1980. Maryland............... Interchange at Musgrove Road and $3,400,000.00 Fairland Road on US29. 1981. California............. Traffic signal upgrades on $350,000.00 Bellflower Blvd at Alondra Blvd and Rosecrans Ave, Bellflower. 1982. Utah................... Virgin River Bridge, Washington $2,800,000.00 City. 1983. Nebraska............... Construction of a 2-lane roadway $1,626,400.00 on new alignment south and east of Louisville. 1984. Florida................ Ludlum Trail.................... $1,000,000.00 1985. New Jersey............. Route 21 Improvements and bridge $1,000,000.00 replacement in vicinity of Chester Avenue, Newark. 1986. Indiana................ US 231 new road construction in $5,000,000.00 Spencer and Dubois Counties. 1987. South Carolina......... Southern Conway Bypass (701 $5,000,000.00 Connector). 1988. South Carolina......... Railroad Avenue Extension, Road $2,000,000.00 S-732, Berkeley County. 1989. Louisiana.............. Construct Mississippi River $500,000.00 Trail and Bikepath, New Orleans. 1990. Washington............. Preliminary engineering and EIS $10,000,000.00 for I-5 from SR500 WA crossing the Columbia River, to Marine Drive in OR. 1991. New York............... Improvements to the intermodal $250,000.00 transportation on the Jacobi Campus-1400 Pelham Park. 1992. Texas.................. Pedestrian improvements and $2,000,000.00 traffic control projects in the central business district of downtown El Paso. 1993. Alabama................ 4-laning of US 278 from I-65 to $3,000,000.00 US 231. 1994. Kansas................. Construct bike/pedestrian path $500,000.00 along K-10 between Douglas and Johnson Counties. [[Page 6139]] 1995. Florida................ Construction and four-laning of $1,000,000.00 State Road 80 in Hendry County, Florida. 1996. Missouri............... Upgrade interchange at I170 & $2,000,000.00 Ladue Road (Ladue, MO). 1997. Maryland............... Funding for Baltimore City to $1,000,000.00 begin development of a City Transportation Management Center utilizing ITS. 1998. Texas.................. Environmental Mitigation and $14,000,000.00 wetland protection funding for US 290 to US 59 (The Grand Parkway) and Right of Way funding for US 290 to SH249 and I-45 to US 59. 1999. Arkansas............... Improvement of Hwy 65b-North, $3,200,000.00 Pine Bluff. 2000. Texas.................. Loop 49--Construct a new $6,100,000.00 location 4-lane divided controlled access facility from SH 155 to SH 31. 2001. California............. Construct State Route 905 to $15,000,000.00 connect the Otay Mesa Port of Entry to Interstate 805, San Diego. 2002. Washington............. Improvements at I-5 and 134th $12,354,000.00 Street and arterial network linking I-5 and I-205. 2003. Florida................ North Access Road / $5,000,000.00 International Airport Boulevard in Duval County. 2004. Ohio................... Construct a 4 lane limited $750,000.00 access road to link Newcomerstown and Cadiz. 2005. Alaska................. Westside development $5,000,000.00 Williamsport-Pile Bay Road. 2006. Massachusetts.......... Engineering and construction of $8,000,000.00 the Chelsea St Bridge, Boston. 2007. Oregon................. Widen Delauro Road and add a $90,000.00 bike lane in both directions, Clatsop County. 2008. Iowa................... Build extension to U.S. 20 $25,000,000.00 Mississippi River Bridge in Dubuque County. 2009. Mississippi............ Upgrade roads in Attala County $1,300,000.00 District 4 (Roads 4211 and 4204), Kosciusko, Ward 3 (U.S. Hwy 16), and Ethel (U.S. Hwy 12), Attala County. 2010. California............. Widen the Mountain View Avenue $2,000,000.00 Bridge in Loma Linda. 2011. Alaska................. Construct access road and a $5,000,000.00 bridge crossing the Naknek River terminus points in South Naknek-King Salmon Highway. 2012. California............. Construct Illinois Street Bridge/ $5,000,000.00 Amador Street Connection and Improvements, San Francisco. 2013. Michigan............... Commerce, widen Haggerty Rd. $2,000,000.00 from 14 mile to Richardson. 2014. South Carolina......... North Rhett Boulevard Extension $7,000,000.00 to US Hwy 52, Berkeley County. 2015. Michigan............... Allen Road Highway-Rail Grade $3,000,000.00 Separation under CN Railroad, City of Woodhaven. 2016. Pennsylvania........... Complete the reconstruction of $1,000,000.00 roadways around the David L. Lawrence Convention Center. 2017. Oklahoma............... Construct Texanna Road $2,000,000.00 Improvements from Highway 69 to Highway 71, McIntosh County. 2018. New Mexico............. Construct Fairgrounds Road in $5,000,000.00 Alamogordo. 2019. New York............... Reconstruction of Times and $1,500,000.00 Duffy Squares, New York City. 2020. Florida................ US Highway 19 North, Pinellas $10,000,000.00 County. 2021. Maryland............... MD70/Rowe Boulevard Bridge. $2,000,000.00 Funding to undertake environmental mitigation work on Weems Creek associated with bridge reconstruction. 2022. Alabama................ Extension of I-565 westward from $5,000,000.00 existing interchange to existing Tennessee River bridges at Decatur, AL. 2023. Washington............. San Juan Boulevard Project, $4,000,000.00 Bellingham. 2024. Oklahoma............... Reconstruct the I-44/Fort Sill $1,000,000.00 Key Gate Interchange. 2025. New York............... Improve safety measures at $1,000,000.00 railroad grade crossings on the West Shore River Line, Rockland County. 2026. Oregon................. Improve Millican/West Butte Road $2,000,000.00 which connects U.S. Highway 20 with U.S. Highway 126. 2027. California............. Construct Alviso Bay Trail $800,000.00 project, a 1.3 mile trail from Gold Street to San Tomas Aquino Creek, Santa Clara County. 2028. Kentucky............... Reconstruct KY 750 from KY 3105 $500,000.00 to US 23, Raceland. 2029. Illinois............... Upgrade Missouri Ave from 1st St $2,500,000.00 to 10th St, East St. Louis. 2030. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of IS 72/PS 69. 2031. California............. Improvements (including arterial $214,000.00 street rehabilitation) to enhance traffic and pedestrian safety in the Sherman Oaks community, Los Angeles. 2032. Georgia................ Install walkways, lighting, $4,500,000.00 landscaping in Water Works Park and south along river through Ocmulgee National Monument and Central City Park. 2033. California............. Reconstruct 1.1 miles of Long $2,200,000.00 Beach Blvd from Imperial Hwy. to Tweedy Blvd., Lynwood. 2034. Michigan............... Overlay of Fairview Road to $369,600.00 improve network of all-season Truck routes, Ogemaw County. 2035. Washington............. I-90, Spokane to Idaho State $5,000,000.00 Line Widening: Construct two general purpose lanes from Sprague Avenue in City of Spokane to Idaho State Line. 2036. Texas.................. Greater Galveston Bay Area $2,000,000.00 cooperative development for landscape beautification, hike & bike trail extension, and extension of current trails. 2037. Virginia............... Blue Ridge Travel Association - $250,000.00 establishment of website providing information including trails and road systems within the region. 2038. South Carolina......... Construct intersection and $6,500,000.00 corridor improvements to US 278 to include widening and traffic control improvements. 2039. Tennessee.............. Improve circuitry on vehicle $99,000.00 protection device installed at railroad crossing in Niota, TN. 2040. Arkansas............... Improvement of Hwy 82 East/West $500,000.00 Project, Ashley County. 2041. Ohio................... Construct proposed connection SR $2,000,000.00 207, SR104, and US 23 in Ross County. 2042. Indiana................ Construct an economic $2,000,000.00 thoroughfare parallel to I-69 in the City of Anderson, Indiana. 2043. Washington............. Cascade Gateway Coordination of $1,300,000.00 Binational Planning; The International Mobility and Trade Corridor Project. 2044. Illinois............... City of Peoria Riverfront area $800,000.00 street improvements. 2045. New Mexico............. Mesa Del Sol: Improve and $2,000,000.00 renhance access to existing county recreational complex and the new Mes Del Sol development. 2046. California............. Replace Route 1 San Pedro Creek $1,500,000.00 bridge, Pacifica. 2047. Massachusetts.......... Reconstruction of Union St and $1,800,000.00 Route 138W, Holbrook. 2048. New York............... Construction of and improvements $500,000.00 to highway / rail grade crossing at Harrington Road in the Town of Sheridan. 2049. California............. The Foothill South Project will $10,000,000.00 construct 16 miles of a six lane limited access highway system. 2050. Florida................ Roadway and drainage $2,000,000.00 improvements in the city of Key West to reduce street flooding. 2051. New Jersey............. Route 46 Little Ferry Traffic $1,500,000.00 Circle Elimination, Roadway and Drainage Improvements. 2052. California............. Planning, engineering, and $5,000,000.00 construction of a tunnel on SR 75/282 to Naval Air Station. San Diego. 2053. Massachusetts.......... Replace Cross Street Bridge $1,000,000.00 spanning the flood-prone Aberjona River, Winchester. 2054. Georgia................ Widening of SR 196 in Liberty $1,000,000.00 County. 2055. Illinois............... Annie Glidden Rd. (DeKalb): $8,000,000.00 Widen the two-lane road to five lanes with intersection improvements. 2056. Mississippi............ Highway 45 Bypass - Provides a 4- $6,000,000.00 lane alternative to Highway 45 in Columbus. 2057. New York............... Construction of ferry terminals $1,500,000.00 and ferry boats for Haverstraw, Yonkers, and Manhattan. 2058. California............. Construct road from Mace Blvd in $1,000,000.00 Yolo County to federally supported Pacific Flyway wildlife area. 2059. New York............... Construction of roadways to $1,500,000.00 improve access to waterfront at Erie Street in Buffalo. 2060. Washington............. Route analysis for a planned $50,000.00 community pathway through Chehalis. 2061. California............. Improve access roads to Beale $6,500,000.00 Air Force Base (Spenceville, Smartville, Hammonton- Smartville, and North Beale Roads). 2062. Mississippi............ Canal Road intermodal connector, $8,000,000.00 Gulfport. 2063. Iowa................... Reconstruction and relocation of $4,000,000.00 US 30 from 4.5 miles west of Toledo to 1 mile east of Tama. 2064. Nebraska............... Highway grade separation $1,807,300.00 structure across the BNSF/FEVR railroad corridor in the western part of the City of Fremont. [[Page 6140]] 2065. Illinois............... Construct Illinois Route 336 $2,000,000.00 from Macomb to Peoria. 2066. Pennsylvania........... Schuylkill River Gateway project $1,250,000.00 enhancing bridge and roadway structures connecting Center City and University City for pedestrians, bicyclists, and motorists. 2067. North Carolina......... Add interchange on I-26 north of $5,000,000.00 NC 146 and south of the Blue Ridge Parkway. 2068. Virginia............... Widen Route 7 from Reston $6,000,000.00 Parkway to Rolling Holly Drive. 2069. Mississippi............ Upgrade roads in Beauregard (U. $1,000,000.00 S. Hwy 51), Crystal Springs (U.S. Hwy 51 and I-55), and Hazelhurst (U.S. Hwy 51 and I- 55), Copiah County. 2070. California............. Conduct Study and Construct $1,000,000.00 Lammers Rd / I -205 Widening and Interchange Project, Tracy, CA. 2071. Maryland............... Design ramp from I-495 to MD 4 $3,500,000.00 and signalized intersection. 2072. Oregon................. Add a southbound lane to section $5,000,000.00 of I-5 between Delta Park and Lombard. 2073. Minnesota.............. Reconstruction of CSAH 4 and $1,740,000.00 CSAH 5 (Forest Highway 11) between CSAH 15 and Trunk Highway 61, Silver Bay. 2074. California............. Upgrade Kanan Road interchange $5,000,000.00 at US101 (Agoura Hills) to improve safety and accessibility. 2075. Washington............. U.S.-395, Spokane to Stevens $1,000,000.00 County Line Widening: Construct US-395 from milepost 172.6 to Stevens County line just north of Deer Park, Washington. 2076. Georgia................ Upgrade sidewalks and lighting, $709,098.00 Lyons. 2077. Ohio................... Construction of new roadway $6,004,400.00 intersecting Chestnut St. and Paradise St. and modifications to Chestnut St. and Paradise St. in the City of Orville. 2078. Georgia................ Extend East Greene Street, $500,000.00 install street lights, utilities, and landscaping, Milledgeville. 2079. Wisconsin.............. Construct Michigan Street Bridge $5,000,000.00 in Sturgeon Bay, Wisconsin. 2080. Missouri............... Complete the upgrade of Hwy. 60 $10,000,000.00 to 4 lanes from Willow Springs to Van Buren. 2081. Ohio................... Deconstruct the Bellaire Highway $1,700,000.00 Bridge which connects Bellaire, OH and Benwood, WV. 2082. California............. Construction of interchange at $1,000,000.00 State Hwy 86 and Ave 50 in Coachella, CA. 2083. Virginia............... Preliminary engineering for $3,000,000.00 Hampton Roads Third Crossing. 2084. Arizona................ Improve 15 miles of Navajo Route $1,000,000.00 16 in the Navajo Mountain Community. 2085. New Hampshire.......... Construction of interchange on $2,500,000.00 I93. The project is not part of a larger system. But, will be compatible with the NHDOT I-93 widening project. 2086. Vermont................ Construction of the St. Albans $1,200,000.00 intermodal connector roadway with I-89 for the City of St. Albans. 2087. Illinois............... Widen Algonquin Rd to four-lane $4,000,000.00 divided highway in McHenry County, IL. 2088. Mississippi............ Upgrade roads in Itta Bena (U.S. $1,500,000.00 Hwy 82 and 7) and in vicinity of Viking Range Corp. (U.S. Hwy 7 and 49), Leflore County. 2089. New York............... Improvements to Robinson La and $500,000.00 Lake Walton Rd at Rt 376 in Town of East Fishkill. 2090. Hawaii................. Conduct study of East Hawaii $250,000.00 Alternative Road, Island of Hawaii. 2091. Washington............. Tukwila Urban Access - address $1,000,000.00 necessary improvements to Southcenter Parkway in Tukwila to relieve congestion. 2092. California............. Quincy-Oroville Highway $1,000,000.00 Rehabilitation - Provides for 9.5 miles of pavement rehabilitation, culvert replacements, guardrail installation, signing and stripping in Plumas County. 2093. New Jersey............. Rt. 33 from Rt. 35 to Rt. 71 - $2,000,000.00 Widening existing roadway, sidewalks, left turn lanes, signage and drainage, Neptune. 2094. Missouri............... Ogden Ave improvements - $400,000.00 property acquisition, design & engineering, and enhanced streetscapes for bike and pedestrian traffic, St. Louis County. 2095. California............. Interchange improvements at Rice $3,000,000.00 Avenue and U.S. Highway 101, City of Oxnard. 2096. New Jersey............. Pedestrian walkway improvements $1,000,000.00 across three bridges over I- 280, Orange. 2097. Arizona................ Pave 12 miles of Pine Springs $1,000,000.00 Road, N9010, on the Navajo Nation. 2098. California............. Utilize funds over a four-year $4,644,000.00 period to reconstruct and deep- lift asphalt on various roads throughout the district in Santa Barbara County. 2099. Minnesota.............. Lyndale Avenue Bridge Project, $7,000,000.00 Richfield. 2100. Virginia............... Route 635 Bridge Over Southern $500,000.00 Railway - Orange County. 2101. New York............... Construct Safe Routes to Schools $3,000,000.00 projects, New York City. 2102. Nevada................. Design and Construct Hoover Dam $6,000,000.00 Bypass Extension, Boulder City, Nevada. 2103. Texas.................. Construct pedestrian trail from $150,000.00 Pasadena Heritage Park to Memorial Park, then continue south along Vince Bayou to Strawberry Park. 2104. Pennsylvania........... Widening of 4.5 miles of $1,500,000.00 northbound Rte 28 at Yutes Run Rd for the Frazer Mills Project. 2105. Illinois............... Construct parking facility, $3,700,000.00 LaGrange. 2106. Ohio................... Replace the Edward N. Waldvogel $8,000,000.00 Viaduct. 2107. Georgia................ Install sidewalks on Highway 23 $300,000.00 from Dykes Street to Sarah Street, Cochran. 2108. North Carolina......... 10th St. Connector in $12,000,000.00 Greenville, NC: Widen Farmville Blvd. from Memorial Dr. to 14th St. and extend from 14th St. to 10th St. 2109. Florida................ Construction and Right of Way $6,000,000.00 activities for SR 548, In-Town Bypass in Lakeland, FL. 2110. Oklahoma............... Construct SH28 Improvements from $2,300,000.00 I-44 to Langley. 2111. Ohio................... Rehabilitate tunnel and bridge $700,000.00 on National Road Bikeway in St Clairsville. 2112. Ohio................... Ashtabula Co. MetroParks $1,000,000.00 completion of bicycle trails project. 2113. Hawaii................. Design/engineering of Puainako $1,500,000.00 Street. 2114. Virginia............... Expansion of South Airport Drive $500,000.00 near Richmond International Airport. 2115. North Carolina......... Construction of a hard surface $3,000,000.00 road that will establish a new port access point to receive and dispatch trucks from/to US 74/76, US 421, and US 17S. 2116. Minnesota.............. City of Moorhead SE Main GSI, $2,600,000.00 34th St and I94 Interchange, and Moorhead Comprehensive Rail Safety Program. 2117. Nevada................. Enhancement to ReTrac project $1,000,000.00 that provided for separation of 11 street crossings through downtown Reno. 2118. New York............... Improve NY112 from Old Town Road $10,000,000.00 to NY347. 2119. California............. Construct 213th Street $1,050,000.00 pedestrian bridge to provide safe passage for pedestrians and wheelchairs, Carson. 2120. Connecticut............ Construct additional southbound $1,500,000.00 Route 8 Entrance Ramp at Exit 11 in Shelton, CT. 2121. Virginia............... Cranesnest Trail - construction $650,000.00 of 16 mile hiking, biking, horse trail from Route 83 to Cranesnest Campground. 2122. Maryland............... Reconstruction of MD 175 from $2,000,000.00 the Baltimore-Washington Parkway to MD 170 (Telegraph Road). 2123. Ohio................... City of Tiffin/Sarah st. along $2,600,000.00 St. route 18 and 101 to calm traffic. 2124. New Jersey............. Road improvement to improve the $1,650,000.00 intersection of Rt. 173, Pittstown Road, and Interstate 78, Franklin Township of Hunterdon County. 2125. Alabama................ Huntsville Southern Bypass from $3,000,000.00 I565 through Redstone Arsenal to US Highway 231. 2126. Michigan............... Widen Maple and Orchard Lake $5,000,000.00 Roads at Northwestern Highway intersections. 2127. Montana................ Bozeman Parking Facility........ $5,000,000.00 2128. New Hampshire.......... Relocation of the intersection $2,680,000.00 of Route 103 and North Street and the reconstruction of North Street in Claremont, NH. 2129. Washington............. SR 35 - Columbia River Crossing $800,000.00 Environmental Impact Statement completion, Klickitat County. 2130. Utah................... Southern Corridor, St. George... $4,000,000.00 2131. Oregon................. Construction of roadway $60,000.00 facilities at the Tualatin River National Wildlife Refuge. 2132. Pennsylvania........... State Street and Mulberry Street $4,000,000.00 Bridge Lighting project, Harrisburg. 2133. Florida................ Widening and improvement of $2,000,000.00 State Road 64 from Lakewood Ranch Boulevard to Lorraine Road. 2134. Idaho.................. A widening project at the $4,500,000.00 Sunnyside IC located on I-15 between mileposts 113 and 116. 2135. Indiana................ Riverfront trail, community $500,000.00 gathering space and safe passage for pedestrians linking Noblesville to the White River Trails in Hamilton County. [[Page 6141]] 2136. Louisiana.............. Upgrade I-49 South from $3,500,000.00 Lafayette, Louisiana to New Orleans, Louisiana. 2137. Tennessee.............. New five-lane connector north of $500,000.00 the city of Elizabethton, Carter County, located within Urbanized Area Boundary of Johnson City. 2138. Georgia................ Link US 84 with Hinesville $1,200,000.00 downtown redevelopment via Memorial Drive. 2139. Pennsylvania........... PA Route 61 safety improvements, $3,000,000.00 Leesport Borough/Ontelaunee/ Muhlenburg. 2140. California............. Builds a pedestrian bridge from $2,000,000.00 Hiller Street to the Bay Trail, Belmont. 2141. Michigan............... Transportation Aesthetics $500,000.00 project in City of Durand, includes new curb and gutter. 2142. Illinois............... Dixon Riverfront Plan: $3,200,000.00 Development of a coordinated trail system, parking, and trial system. 2143. California............. Develop conceptual master plan $215,000.00 including economic analysis and environmental study to improve the efficiency of transportation facilities, Covina. 2144. California............. Streetscape improvements at E. $1,250,000.00 14th/Mission Blvd., Alameda County. 2145. Utah................... Cottonwood and Winchester $5,000,000.00 Intersection, Murray City. 2146. Massachusetts.......... Southwick and Westfield Rail $5,000,000.00 Trail. Construction of a 9.5 mile multi-use trail, Southwick and Westfield. 2147. Florida................ For land acquisition and $4,000,000.00 construction of the Englewood Interstate Connector, a vital evacuation route for Sarasota, Charlotte and Lee Counties. 2148. Illinois............... Engineering and construction of $1,000,000.00 the 15.1-mile Alliance Trail from LaSalle to Bureau Junction. 2149. Texas.................. Construct Hidalgo County Loop... $2,000,000.00 2150. Pennsylvania........... Flyover ramps at SR837/Center $9,000,000.00 Street to Industrial Drive and SR148/Coursin Street to Industrial Drive, McKeesport/ Duquesne. 2151. Virginia............... Widen Rt. 820 in Bergton........ $1,200,000.00 2152. Idaho.................. A project to directly contribute $5,000,000.00 to completed and future improvements to US-30 from I-15 from milepost 363.8 to milepost 365.9. 2153. New Jersey............. Perth Amboy Rt. 440/State St. $5,000,000.00 Interchange. 2154. District of Columbia... Rock Creek Recreational Trail $1,000,000.00 study to assess feasibility of constructing recreation trail. 2155. Ohio................... Construction/improvements of $500,000.00 Lake Co Highway Administration Center in Madison. 2156. Kansas................. Reconstruct US-69 between 87th $2,000,000.00 Street and 119th Street, City of Overland Park. 2157. Virginia............... Concept design and scope for a $500,000.00 slip ramp from E. Eisenhower Valley area of Alexandria. 2158. Oregon................. BNSF Intermodal Hub for improved $200,000.00 traffic flow, safety, and the construction of a turnout lane parallel to NW Yeon Avenue, Portland. 2159. Virginia............... Whitetop Station - completion of $100,000.00 renovation of Whitetop Station (which serves as trailhead facility), including construction of trail. 2160. West Virginia.......... Upgrade Route 10, Logan Co...... $5,000,000.00 2161. California............. Construct Guadalupe River Trail $5,500,000.00 project from highway 237 to I- 880, San Jose. 2162. Texas.................. Tower 55 CMAQ Congestion and $2,000,000.00 Preliminary Engineering Study. 2163. Illinois............... Upgrade traffic signalization on $1,500,000.00 Sheridan Road from Hollywood to Juneway, Chicago. 2164. Massachusetts.......... Reconstruct Route 24 / Route 140 $8,700,000.00 Interchange, replacing bridge and ramps, widening lanes, extending acceleration and deceleration lanes. 2165. New York............... Construct turning lane on Rt 55 $560,000.00 at Gardner Hollow Rd. in Town of Beekman-NY. 2166. Illinois............... Replace bridge structure over $7,200,000.00 Wabash River between Mt.Carmel, IL and Princeton, IN. 2167. Kansas................. Construct K-10/ Lone Elm Road $3,000,000.00 interchange, Lenexa. 2168. Oregon................. Barber Road extension, $1,000,000.00 Wilsonville. 2169. Texas.................. Bicycle and pedestrian trail $9,000,000.00 network southeast Austin, including McKinney Falls Trail, Pierce Lane Link, Onion Creek Trail, and Southern Walnut Creek Trail. 2170. Florida................ Link I-95 in St. Johns County to $3,000,000.00 I-10 in Duval County with a 4- lane freeway running through Clay County. 2171. Arizona................ Improve Interstate 40 at the $2,000,000.00 Country Club Interchange in East Flagstaff, Arizona. 2172. Illinois............... Construct Bike paths, Madison $3,200,000.00 County. 2173. Pennsylvania........... PA72 corridor improvements from $600,000.00 PA283 to PA Turnpike. Connect with PA 283. 2174. New York............... Bicycle and pedestrian safety $1,200,000.00 improvements on Main Street, Riverhead. 2175. Georgia................ Pedestrian streetscape project, $1,000,000.00 including curbs, bicycle parking, and landscaping, to revitalize downtown Locust Grove. 2176. New Jersey............. Project will fund improvements $500,000.00 along County Route 523 corridor from Village of Oldwick south to US 22 in the Readington- Tewksbury, Improvement District. 2177. Kentucky............... Newtown Pike extension from West $5,250,000.00 Main Street to South Limestone Street, Lexington. 2178. Louisiana.............. Construct improvements to I-10 $4,500,000.00 interchange with Ryan Street, Lake Charles. 2179. New York............... Construction of and improvements $500,000.00 to Route 5 in the Town of Hamburg. 2180. Minnesota.............. TH 38 reconstruction from Itasca $4,675,942.00 CSAH 19 to Marcell. 2181. Maryland............... Baltimore-Washington Maglev $200,000.00 Demonstration Project will demonstrate capabilities of Maglev technology. 2182. Nebraska............... Upgrade Cuming Street and US-75 $4,000,000.00 entrance ramp, Omaha. 2183. Texas.................. South Orient Rail economic & $3,000,000.00 rehabilitation Project. 2184. Illinois............... City of Bartonville, Street $800,000.00 widening and improvements and sidewalk improvements. 2185. Mississippi............ Interstate 59, U.S. Highway 84, $2,120,000.00 and State Highway 15 interchange, Laurel. 2186. Georgia................ Streetscape project to install $500,000.00 sidewalks and bicycle trails, Gray. 2187. Massachusetts.......... Realignments and reconstruction $4,000,000.00 of a section of Route 32 in Palmer to the Ware town line. 2188. Maryland............... I-81 Improvements South of I-70 $1,000,000.00 to North of Halfway Blvd. 2189. Georgia................ Streetscape [pedestrian safety $500,000.00 enhancements, sidewalks, curb replacement, landscaping, restoration, ADA compliance, restoration], Thomasville. 2190. Maryland............... Land acquisition for highway $14,800,000.00 mitigation in Cecil and Worcester. 2191. Michigan............... Construct Industrial Park $416,000.00 Service Road and Caine Road Bridge Replacement,Village of Millington, Tuscola County. 2192. Minnesota.............. 8th Street Right of Way $4,000,000.00 Acquisition for Stearns country road expansion and realignment. 2193. California............. For environmental review and $5,000,000.00 preliminary engineering for a freeway-to-freeway interchange connecting Interstate 5 to State Route 78. 2194. Pennsylvania........... Identify multi-modal commercial $500,000.00 and military freight corridors in PA. Part of PA Reg. Agile Port Intermodel Distribution Sys. Philadelphia. 2195. California............. The Esplanade improvements to $1,000,000.00 reduce pedestrian/bicycle/ automobile traffic congestion and improve oceanfront access, Redondo Beach. 2196. New York............... Create overpass at Peruville $4,432,000.00 Road to address intersection safety issues. 2197. Missouri............... Rehabilitate and widen Route 71 $2,000,000.00 from Route W to Blue Ridge Blvd, Grandview Triangle. 2198. Minnesota.............. City of East Grand Forks 13th $1,200,000.00 Street Extension. 2199. Illinois............... Illinois Prairie Path (Wayne): $1,200,000.00 Construction of a new bicucle- pedestrian bridge. 2200. Illinois............... Upgrade Pioneer Parkway in $800,000.00 Peoria. 2201. New York............... Design and Construction of an $1,500,000.00 enhancement project within the Erie Canal Aqueduct in downtown Rochester. 2202. Kentucky............... A 20-mile priority design $2,000,000.00 segment of the route from Campbellsville to Columbia. 2203. Illinois............... Pre construction activities, IL $800,000.00 8 upgrades from East Peoria to Washington. 2204. Pennsylvania........... Design and construct interchange $6,000,000.00 improvements including sound barriers at I-83, Exit 19, or other projects designated by York County MPO. 2205. Alabama................ Valleydale Road widening from $5,000,000.00 U.S. 31 to I-65 (Shelby County Rd 17). 2206. New Jersey............. Route 21 congestion relief $900,000.00 improvements - Murray Street to Green Street, Newark. [[Page 6142]] 2207. Wisconsin.............. Construct Highway 32/Claude $500,000.00 Allouez Bridge in DePere, WI. 2208. New York............... Construction of a Greenway along $200,000.00 the waterfront, the Village of Irvington in Westchester. 2209. Michigan............... Repaving a portion of H-58 $1,600,900.00 between Sullivan Creek towards Little Beaver Road, Alger County. 2210. Illinois............... The widening of Midlothian Road $480,000.00 including signalization and pedestrian crosswalk installation at the entrance of Lake Zurich High School. 2211. New York............... Improve the Bronx River Greenway $800,000.00 Bronx Park East Pathways. 2212. Florida................ Wekiva Parkway in Orange, $5,000,000.00 Seminole and Lake Counties, Forida. 2213. Kentucky............... Reconstruct KY 244 from KY 3105 $500,000.00 to the railroad underpass, Raceland. 2214. Pennsylvania........... Design and construct and upgrade $4,000,000.00 the interchange of U.S. 15 and U.S. 30 in Adams County. 2215. Iowa................... Acquire right of way, widen, $500,000.00 resurface and replace three bridges on IA T14, 22 to IA 80. 2216. Illinois............... Improve roads and bridges, Cook $5,000,000.00 County. 2217. Florida................ Arlington Expressway Access $1,500,000.00 Road, Jacksonville. 2218. California............. Construct a soundwall along $2,000,000.00 Esperanza Road in the city of Yorba Linda. 2219. Illinois............... Reconstruct Lakeshore Drive $1,500,000.00 overpass over Lawrence Avenue, Chicago. 2220. New Jersey............. Quinn Road widening, Little $2,500,000.00 Falls. 2221. Virginia............... Study to upgrade U.S. Route 460 $5,500,000.00 in the Petersburg- Hampton Roads Corridor from approximately I-295 to Bowers Hill including an evaluation of rail. 2222. Louisiana.............. Construct frontage streets along $1,100,000.00 I-10, Crowley. 2223. Oregon................. Connect Boeckman Road to Tooze $3,000,000.00 Road, Wilsonville. 2224. Mississippi............ US Hwy 49 Interchange - $500,000.00 Seminary:US Hwy 49 Interchange with SR 589 and 590 at Seminary to significantly reduce congestion and accidents. 2225. Kansas................. Highway construction project on $12,000,000.00 US-54/400 for four miles west of Pratt-Kingman County line. 2226. Wyoming................ Casper Bypass:Reconstruct Old $3,000,000.00 Yellowstone Hwy from David to Poplar St., and 2nd St. from David St. to E Yellowstone Hwy. 2227. Tennessee.............. Improve circuitry on vehicle $59,000.00 protection device installed at railroad crossing in Athens, TN. 2228. Pennsylvania........... Deploy an Intelligent $4,000,000.00 Transportation System by the Montgomery County Planning Commission. 2229. California............. Montclair Monte Vista Avenue $2,000,000.00 grade separation along Alameda Corridor East. 2230. Kentucky............... 2 new bridges over Ohio River & $14,000,000.00 reworking I65-I64-I265 interchange. 2231. Illinois............... Undertake traffic mitigation and $3,000,000.00 circulation enhancements on 57th and Lake Shore Drive, Chicago. 2232. New York............... Construct pedestrian waterfront $1,600,000.00 walkway, Kingston. 2233. Louisiana.............. Plan and construct bike/ $3,000,000.00 pedestrian crossings of Washington-Palmetto Canal in the vicinity of Xavier University, New Orleans. 2234. California............. Study to evaluate traffic $500,000.00 implications resulting from the proposed re-alignment of Nutwood Avenue, Fullerton. 2235. New Jersey............. Project will rehabilitate $500,000.00 existing structure at the Bridge Street bridge over the CSX Railroad Trenton line in Manville, Somerset County. 2236. Massachusetts.......... Assabet River Rail Trail design $700,000.00 and construction. 2237. Pennsylvania........... Transportation enhancements $1,000,000.00 along the Delaware Canal between Yardley, PA and Bristol, PA. 2238. Texas.................. Construct a loop at 201 $4,000,000.00 beginning at SH 195 and terminate at connection to FM 3841, Bell County. 2239. Montana................ Pave MT Secondary 323 from $23,000,000.00 Ekalaka to Alzada. 2240. California............. Salinas Airport Boulevard/Hwy $3,670,000.00 101 interchange -- new 4 lane overpass with 2 lanes each direction, new approaches, new southbound on/off ramps, bicycle lanes. 2241. Illinois............... Eastern Peoria Bypass and Bridge $1,600,000.00 (ring road) study and land acquisition. 2242. Texas.................. 9-1-1 Crash Demonstration $2,000,000.00 Project providing communication between crash subject and first responders/EMS. 2243. Rhode Island........... Replace I-195 Washington Bridge $3,000,000.00 Eastbound. 2244. Arkansas............... Improvements to Rena Road in Van $1,500,000.00 Buren. 2245. Ohio................... Upgrade State Route 82/State $2,000,000.00 Route 46 interchange, Trumbull County. 2246. New York............... Improve SCCC roads, Fallsburg... $1,500,000.00 2247. New York............... Implement Pedestrian Safety $500,000.00 Improvements on Queens Boulevard. 2248. Illinois............... Implement ITS and congestion $5,000,000.00 mitigation project on I-294 and I-90. 2249. California............. Upgrade and reconstruct the I-80/ $13,000,000.00 I-680/SR 12 Interchange, Solano County. 2250. West Virginia.......... Connect existing RHL Boulevard $750,000.00 to State Route 601 (Jefferson Road). 2251. North Carolina......... Upgrade US 158 to construct a $2,600,000.00 multilane facility between I85 and I95. 2252. Florida................ Keys Endangered Species Habitat $1,000,000.00 Protection. 2253. Louisiana.............. Widen and improve LaPlaco $3,500,000.00 Boulevard from Bayou Segnette to US90, Jefferson Parish. 2254. Illinois............... Improve U.S. Route 34 from $500,000.00 Kewanee to Kentville Road. 2255. Florida................ Florida Keys Overseas Heritage $500,000.00 Trail. 2256. Georgia................ Reconstruct roadways to add $2,000,000.00 bicycle lanes or bike-able road shoulders, Atlanta. 2257. Illinois............... Upgrade county highways 18 and $2,000,000.00 22 in conjunction with state I- 57 interchange plan north of Mattoon. 2258. Massachusetts.......... Improvements to Kenmore Square $5,000,000.00 Station and Commonwealth Avenue between Amory Street and Packard's Corner, Boston. 2259. California............. 4-lane overpass for Mission Blvd $4,400,000.00 grade separation project, City of Pomona. 2260. Louisiana.............. Construct LA 1 at Port Fourchon, $3,000,000.00 Louisiana. 2261. Tennessee.............. Extension of bicycle and $1,500,000.00 pedestrian trail, LaVergne. 2262. North Carolina......... Upgrade existing US 220 I-73/74 $6,600,000.00 from south of NC 134 US 220 Business to North of Park Drive Extension. 2263. Hawaii................. Construct access roads to $600,000.00 Kahului Airport. 2264. California............. Improve SR219 to 4-lanes in the $2,000,000.00 cities of Riverbank, Oakdale and Modesto. 2265. Indiana................ Correct visibility problems and $650,000.00 sharp grade changes at SR 332 and Nebo Road intersection in Delaware County, Indiana. 2266. Iowa................... Complete construction of Phase 6 $900,000.00 of US Highway 6 in Coralville, Iowa. 2267. Minnesota.............. MNTH 169 safety improvements $14,300,000.00 from City of Virginia to Ely/ Winton. 2268. New Jersey............. Reconstruct roadways in Union $5,000,000.00 County/Elizabeth - Kapowski Road Area Project. 2269. Vermont................ Construction and rehabilitation $1,386,000.00 of the Cross Vermont Trail for the Cross Vermont Trail Association. 2270. Ohio................... Widening from 2 lanes to 5 lanes $2,000,000.00 between Woodlawn Ave. and Whipple Ave. in Jackson Township. 2271. Michigan............... Planning and Engineering for The $1,500,000.00 American Road, The Henry Ford Museum, Dearborn. 2272. Arkansas............... Sidewalks in Altus.............. $40,000.00 2273. New Jersey............. Provide an alternate Route for $2,000,000.00 traffic passing through congested State Route 31 corridor in the Flemington Area. 2274. Maryland............... Bridge rehabilitation of Hanover $3,000,000.00 Street and Pennington Avenue drawbridges, Baltimore. 2275. Connecticut............ Construct Shoreline Greenway, $1,500,000.00 Madison, Guilford, Branford and East Haven. 2276. Texas.................. Reconstruction of Clinton Dr. $9,500,000.00 from Federal Rd. to N. Wayside Dr., an intermodal freight artery near Port of Houston. 2277. Texas.................. Study, design and construct new $2,000,000.00 border crossing and facilities - Donna/Rio Bravo International Bridge. 2278. Tennessee.............. Improve circuitry on vehicle $99,000.00 protection device installed at railroad crossing in Philadelphia, TN. [[Page 6143]] 2279. Oklahoma............... Construction of Duncan Bypass $3,000,000.00 Grade Separation. 2280. Florida................ Clark Road Clover Leaf at I-95, $5,000,000.00 Jacksonville. 2281. Pennsylvania........... Improvements to Plank, Otts, $1,000,000.00 Meyers, and Seitz roads in Mongomery County. 2282. California............. Temecula Winchester Project- $2,000,000.00 This project will require a partial cloverleaf interchange on I-15 at exit/entrance ramps at Winchester Road. 2283. California............. Conduct Study of State Route 130 $2,000,000.00 Realignment Project, San Joaquin County and Santa Clara County, CA. 2284. California............. Widen roads, construct bicycle $6,500,000.00 lane and parking facility to enhance access to Hansen Dam Recreation Area, Los Angeles. 2285. Pennsylvania........... SR 29 Bridge, replace T-beam $1,000,000.00 bridge in Noxen Township, Wyoming County. 2286. Minnesota.............. Construct Soo Line Trail from $495,000.00 north of Bowlus to the east side of Mississippi River. 2287. Ohio................... Construction of an interchange $2,000,000.00 at Interstate 70 and Burnett Rd and items associated with construction of interchange. 2288. Indiana................ New road construction of Boston $1,500,000.00 Street intersection with Route 2 in LaPorte, Indiana. 2289. South Carolina......... Milfred Road Bridge in Anderson $350,000.00 County. 2290. Virginia............... White's Mill Recreation Trail $750,000.00 and Renovation - design and construction of recreational trail and preservation of watermill for use as visitors center. 2291. Georgia................ Pedestrian and streetscape $500,000.00 improvements, Ellaville. 2292. Alaska................. Various road improvements in $5,000,000.00 City of Fairbanks. 2293. Alabama................ 4 US hwy 84 from Evergreen to $6,000,000.00 Monroeville in Alabama. 2294. California............. Feasibility study, design, $1,000,000.00 engineering, grade separation, pedestrian improvements, and traffic calming project, the City of South Pasadena. 2295. Texas.................. Construct a 4-lane urban roadway $2,000,000.00 at US Bus77 on Loop 574, McLennan County. 2296. California............. ATIS added to the Magnolia $480,000.00 corridor connecting Riverside, Corona, Moreno Valley and portions of Riverside County. 2297. Maryland............... Widen MD 45 from Ridgley to $5,520,000.00 Seminary Roads. Widening includes addition of a middle turn lane and to acquire right of way. 2298. North Carolina......... Upgrade of US321 corridor in $2,000,000.00 Burke, Caldwell and Catawba counties mitigating severe congestion near bridge over Catawba river. 2299. Virginia............... Secure right-of-way and $4,000,000.00 construct improvements along Jefferson Davis/Route 1 corridor for vehicle traffic and improved bus service, Arlington County. 2300. New Jersey............. Pedestrian and bicycle $750,000.00 facilities, and street lighting, Haddon Heights/ Barrington. 2301. Florida................ PINEDA CAUSEWAY INTERCHANGE at I- $8,000,000.00 95. 2302. Minnesota.............. To study a major river crossing $1,000,000.00 over the Mississippi river between Monticello and St. Cloud and TH10 and I-94. 2303. Texas.................. Highway construction to expand $1,000,000.00 SH 71 in Austin to US 281. 2304. New Jersey............. Project will improve State Route $3,000,000.00 22 by improving section of highway that connects Route 22 and 287 in two locations. 2305. New York............... Construct greenway along East $1,250,000.00 River waterfront between East River Park (ERP) and Brooklyn Bridge, and reconstruct South entrance to ERP. 2306. Wisconsin.............. Resurface State Highway 8 from $1,000,000.00 County C to Town of Monico. 2307. South Carolina......... Construct I-73 from $10,000,000.00 Bennettsville to I-95. 2308. Louisiana.............. Replace Almonaster Bridge, New $500,000.00 Orleans. 2309. Washington............. SR 167 - a new freeway from SR $2,500,000.00 509 (Port of Tacoma) to SR 161 (Puyallup). 2310. Pennsylvania........... Erie - Replacement of Asbury $4,000,000.00 Road underpass; replacement of Powell Ave. Bridge; Peninsula Dr. improvements. 2311. Michigan............... Rehabilitate 2 piers and remove $270,000.00 old bridge caissons for Sturgeon River Road bridge, Houghton County. 2312. Michigan............... Rebuilding M-99 for flood $2,000,000.00 control in Hillsdale. 2313. Virginia............... Chessie Work Station - $2,736,000.00 renovation of abandoned rail site to enable intermodal access at site, Clifton Forge. 2314. Wisconsin.............. Construct State Highway 23 $16,000,000.00 (County Highway OJ to U.S. Highway 41), WI. 2315. Iowa................... Extend Mormon Trek Boulevard in $5,000,000.00 Iowa City, Iowa. 2316. Ohio................... Construct access roads and $5,000,000.00 freight intermodal facility, Columbiana County. 2317. Maryland............... Reconstruction of Route 32 to $2,000,000.00 freeway standards from Route 108 to I-70. 2318. Pennsylvania........... SR 22 widening to 4 lanes from $1,300,000.00 Export to Delmont, Westmoreland County, PA. 2319. American Samoa......... Drainage mitigation for Malaeloa- $1,000,000.00 Leone village roads. 2320. New York............... Design and construct Upper $448,000.00 Delaware Scenic Byway Visitor Center, Cochecton. 2321. Pennsylvania........... Continued Construction of the $1,000,000.00 Montour Trail which is part of the Great Allegheny Passage. 2322. Washington............. SR 538 (College Way) and North $175,000.00 26th Street Signal, Mount Vernon. 2323. Pennsylvania........... Construction of 2 ramps, $1,000,000.00 replacement of 2 ramps on I-79 at SR 3025 in Jackson Township, PA. 2324. Texas.................. Construct US183-A, a 12 mile $10,000,000.00 turnpike to connect US183 at SH45 and extend northward to US183 in Williamson County, Texas. 2325. Illinois............... Construct Grand Illinois Trail, $1,000,000.00 Cook County. 2326. Ohio................... Construct connector road between $5,000,000.00 SR 79 and Thornwood Drive in Licking County. 2327. Maryland............... Fringe and Corridor Parking $3,000,000.00 Facility at Clinton Street and Keith Avenue. 2328. Ohio................... Widen SR 170, Calcutta.......... $2,500,000.00 2329. California............. Replacement of existing 2 lane $10,000,000.00 interchange to full 6 lane interchange where Cajalco Road and I-15 meet in Corona, CA. 2330. Oregon................. Highway 22, Polk County......... $1,000,000.00 2331. Pennsylvania........... Final engineering and design to $5,000,000.00 construct a four lane connector and bridge over the Allegheny River to link New Kensington to Rt 28. 2332. South Carolina......... Construct Calhoun Clarendon $14,008,000.00 Connector. 2333. Virginia............... Mayo Bridge, Richmond........... $2,000,000.00 2334. Oklahoma............... Reconstruct US 69 from US 62 $750,000.00 West to the US 69/US 62 intersection, Muskogee. 2335. Maryland............... Engineering and construction of $5,000,000.00 the MD Route 355 at Montrose Road/Randolph Road Interchange, Rockville. 2336. Pennsylvania........... PA23 corridor improvements from $3,000,000.00 US30 to US322. 2337. Michigan............... Construct interchange at I-675 $2,000,000.00 and M-13 (Washington Avenue) and Northbound Exit, Saginaw. 2338. Florida................ To complete design and $5,000,000.00 construction of double-deck roadway system exiting Ft. Lauderdale/Hollywood International airport connecting U.S. 1 and I-595. 2339. Illinois............... Upgrade roads, Summit........... $1,000,000.00 2340. Kentucky............... Reconstruct Georgetown Northwest $1,000,000.00 Bypass from US-460 W to I-75 N, Scott County. 2341. Wisconsin.............. Construct Lake Butte des Morts $25,600,000.00 Bridge, U.S. Highway 41, Winnebago County, WI. 2342. Texas.................. SH 288 at BW 8: construct two $5,000,000.00 direct connectors. 2343. Washington............. Yelm 510/507 - an alternative $2,500,000.00 route to two existing state highways that bisect Yelm. 2344. Iowa................... Improvements at the IA 146 and I $1,000,000.00 80 interchange. 2345. New Hampshire.......... Crystal Lake Mitigation $1,000,000.00 preservation of 110 acres of land in Manchester. 2346. Arkansas............... Construction of I-49 from Hwy 22 $5,000,000.00 near Barling to Hwy 71 at Jenny Lind Road. 2347. Minnesota.............. Right of way acquisition for the $750,000.00 expansion of 3rd street north in the city of St. Cloud. 2348. Nebraska............... New interchange on Interstate-80 $2,000,000.00 near milepost 275 and improvements to Cherry Avenue to provide an east bypass for Kearney, Nebraska. [[Page 6144]] 2349. Virginia............... UVA-Wise Entrance - second phase $1,000,000.00 of project to address road and stormwater problems. 2350. Tennessee.............. Improve existing two lane $5,500,000.00 highway to a four lane facility along the US-412 Corridor west of Natchez Trace to US-43 at Mt. Pleasant. 2351. Maryland............... Pedestrian bridge crossing North $1,800,000.00 Avenue and street signage, Baltimore. 2352. Michigan............... South Lyon, 2nd Street between $125,000.00 Warren and Haggadorn. 2353. Tennessee.............. Continue construction of the $7,500,000.00 Foothills Parkway in the Great Smoky Mountains National Park. 2354. Illinois............... Construct bike/pedestrian path $700,000.00 and related facilities in Spring Rock Park, Western Springs. 2355. Maryland............... US 219 Oakland Bypass........... $1,000,000.00 2356. Pennsylvania........... Relocation of PA52 on edge of $1,000,000.00 Longwood Gardens. 2357. Michigan............... Construct improvements to $6,700,000.00 existing 68th Avenue bridge over Grand River. 2358. Illinois............... Construct Cedar Creek Linear $500,000.00 Park Trail, Quincy. 2359. Tennessee.............. Reconstruct connection with $500,000.00 Hermitage Ave. to Cumberland River bluff, Nashville. 2360. South Carolina......... I-385 and SC14 (Exit 19) - The $1,985,000.00 SCDOT would reconstruct the existing interchange at I-385 and SC 14 (Exit 19) in Laurens, Co., SC. 2361. New Mexico............. Ease traffic congestion and $2,000,000.00 improve intersection safety by identifying alternative alignment to US 84/285 and NM 68 through Espanola. 2362. Mississippi............ Highway 6 - adds two lanes $6,000,000.00 parallel to existing lanes in Lee COunty. 2363. New York............... Suffolk County ITS arterial $1,500,000.00 monitoring and performance measures system. 2364. Pennsylvania........... Design and construction of $2,500,000.00 Portzer Road connector in Milford, Quakertown. 2365. Washington............. DesignValley Mall Blvd. from $6,440,000.00 Main Street to I-82 and I-82 interchanges at MPs 36 and 38, Union Gap. 2366. California............. Acquire approximately 4,000 $1,000,000.00 acres of land at the Desert Cahuilla Prehistoric Site, Imperial County. 2367. Michigan............... Ogden Street bridge $200,000.00 rehabilitation project - replacement of deck, expansion of joints, sidewalks, railing and all other joints, Menominee. 2368. Pennsylvania........... Design, engineering, ROW $2,500,000.00 acquisition, and construction of street improvements and safety enhancements, City of Scranton. 2369. Georgia................ DeKalb Greenway Trails.......... $1,100,000.00 2370. Missouri............... Route MM Improvements, Jefferson $4,000,000.00 County. 2371. Indiana................ The reconstruction of existing $1,672,000.00 Co. Rds. 400N, 825W and 525N in Shelby County. 2372. New Jersey............. Safety and operational $3,800,000.00 improvements on Route 23 in Hardyston and Franklin. 2373. New York............... Rehabilitate pavement and $1,000,000.00 bridges from I-86, Exit 24 to Allegany County Line. 2374. New York............... Access improvements for terminal $4,000,000.00 located on 12th Ave between W. 44th and W. 54th St in Manhattan. 2375. Florida................ Construction and engineering of $2,000,000.00 the Central Sarasota Parkway Interchange at I-75, a evacuation route for Sarasota and the barrier islands. 2376. California............. Construct Dry Creek and $700,000.00 Enterprise canal trails in Clovis. 2377. Texas.................. Widening project on FM 60 from $3,000,000.00 SH 6 to FM 158, Brazos County. 2378. California............. To provide for the preparation $5,000,000.00 of environmental documents and design for conversion of the reliquished railroad bridge over the Feather River between Yuba City and Marysville. 2379. Colorado............... SH 83 & SH 88 Interchange $6,000,000.00 Reconstruction: Grade separation of SH 83 over SH 88. 2380. Nevada................. US50A Fernley-Fallon replace $9,000,000.00 UPRR bridge in Fernley, realign intersection US95A/50A. 2381. California............. Construct safe access to streets $500,000.00 for bicyclists and pedestrians including crosswalks, sidewalks and traffic calming measures, Covina. 2382. Illinois............... Logan County 5th Street Road $800,000.00 upgrades. 2383. Virginia............... Route 50 Traffic Calming at $1,000,000.00 Gilbert's Corner. 2384. California............. Implement Congestion Mitigation $1,000,000.00 and Air Quality Improvement Project, Orange County. 2385. Georgia................ US 25 widening in Burke, Jenkins $28,000,000.00 Co. and Millen bypass. 2386. Ohio................... Widening from 2 lanes to 5 lanes $5,000,000.00 between 55th St. and Applegrove St. in Plain Township. 2387. Maryland............... MD 85/I-270 Interchange......... $2,000,000.00 2388. Washington............. Inchelium Bridge Feasibility $120,000.00 Study: Conduct study to determine whether bridge over Lake Roosevelt would meet needs of residents of Gifford and Inchelium, Washington. 2389. New York............... For the acquisition of ferry $1,000,000.00 boats and ferry terminal facilities and for the operation of ferry service from Rockland County/Yonkers/ Manhattan. 2390. Missouri............... Grading for 4 lanes, lighting, $10,000,000.00 roadways, and bridges on Highway 5 in Camdenton. 2391. Washington............. Burien SR 518 project - $1,000,000.00 interchange improvements and the addition of one travel lane on a portion of corridor. 2392. Georgia................ Install sidewalks, trails, $500,000.00 lighting, and amenities in Balls Ferry Park, Wilkinson County. 2393. West Virginia.......... Construct New River Parkway $4,500,000.00 between I-64/Sandstone Interchange and Sandstone Falls, Summers and Raleigh Counties. 2394. Illinois............... Road Construction and $2,300,000.00 Reconstruction in the Village of Hampshire: Keyes Ave. Reconstruction; Industrial Drive Overlay; Mill Ave. Reconstruction. 2395. Illinois............... Transportation Enhancement and $800,000.00 road improvements necessary for Downtown Plaza restoration in Jacksonville, IL. 2396. California............. Construction of a bikeway on the $575,000.00 North bank of the Los Angeles River between Sepulveda Boulevard and Kester Avenue in Sherman Oaks, Los Angeles. 2397. New York............... Design & Construct a Bicycle and $950,000.00 Pedestrian Walkway along the Decommissioned Putnam Rail Line. 2398. Pennsylvania........... Greencastle, Pa- Upgrade $1,200,000.00 intersection of SR 0011 and I- 81 at exit 3 (northbound) and the proposed Grindstone Hill Road intersection. 2399. California............. Construct auxiliary lanes, $3,500,000.00 bicycle, pedestrian improvements, signal modifications on Almaden Expressway between Branham Lane and Blossom Hill Road, Santa Clara County. 2400. Texas.................. Widen SH 36/ US 190 to 4 lanes, $2,000,000.00 Milam County. 2401. Minnesota.............. Bike Trail extensions and $294,745.00 walking trails, connect to Mesabi Trail, City of Aurora. 2402. Maryland............... Plan, Design, and construct the $9,000,000.00 Intercounty Connector. 2403. Massachusetts.......... Design, permitting, and ROW $500,000.00 acquisition for new on/off ramps on I-95 between Route 1A and Route 123 interchanges. 2404. Texas.................. Replaces 3 structures at $1,500,000.00 interchanges of I20, US83, and US 277 in Abilene. 2405. Texas.................. Improvements to National High $14,000,000.00 Priority Corridor #38 for the Oklahoma border south through Amarillo. 2406. Michigan............... Milford Village, Roundabout at $125,000.00 N. Milford Rd. and Summit St. 2407. Kentucky............... Replace bridge #C00004 on Oregon $680,000.00 Road, Mercer County. 2408. North Carolina......... Widen NC 49 from Harrisburg east $10,000,000.00 of SR 2630 to the Yadkin River, NC. 2409. California............. Santa Cruz Highway 1 widening $3,670,000.00 and HOV lanes-- 8.3 miles from Morrissey Boulevard to San Andreas-Larkin Valley Road south of Aptos. 2410. New York............... Improvements to Harlem River $4,000,000.00 Park and Greenway including park amenities. 2411. Illinois............... Expansion of Miller Road from 2 - $5,000,000.00 4 lanes; bridge improvements; further expansion from IL Route 31 to IL Route 120. 2412. Minnesota.............. For design of a new interchange $1,000,000.00 with TH169 over CSAH4. 2413. New Mexico............. Construct the two lane $11,000,000.00 enhancement of U.S. 54 from Tularosa to Santa Rosa. 2414. Florida................ Widening and improvements to $2,000,000.00 Snake Road (BIA Rt. 1281). 2415. Minnesota.............. Consolidate access, provide $1,000,000.00 supporting roadways and add an additional lane to CSAH 42 in Dakota County and Scott County. [[Page 6145]] 2416. Massachusetts.......... Reconstruction of Washington $2,000,000.00 St., Walpole. 2417. Massachusetts.......... Extensions to the Berkshire $5,000,000.00 County Bike Paths, Berkshire County. 2418. Ohio................... Pleasant Valley Road bridge $260,000.00 renovation over the Chagrin River in Willoughby Hills Township. 2419. Arizona................ Upgrade and widen SR85 $1,000,000.00 (mileposts 120.5 --147.6). 2420. California............. Construction of an interchange $7,500,000.00 at the at-grade intersection of Stillwater Road and State Route 44. 2421. Oregon................. Highway 20, Lincoln County...... $7,000,000.00 2422. Massachusetts.......... Lawrence Canal and Union Street $1,000,000.00 intersection improvements. 2423. Pennsylvania........... Construct Route 219 Bypass in $2,000,000.00 the Borough of Johnsonburg. 2424. New York............... Design and construct pedestrian $1,200,000.00 and bicycle path (Cayuga Waterfront Trail), Ithaca. 2425. California............. Reconstruct Carson St. with an $400,000.00 on/off ramp to Interstate 605, Hawaiian Gardens. 2426. Illinois............... Construct North Main St (Il Rte $1,000,000.00 2) Rockford, IL to four lanes. 2427. Ohio................... Construct Chesapeake Bypass/Tri $2,000,000.00 State Metro Outer Belt. 2428. Ohio................... SR 322 roadway safety $520,000.00 improvements in the Village of Gates Mills. 2429. Missouri............... Expand to six lanes Rt. 141/ $3,000,000.00 Woods Mill Rd (Chesterfield, MO) from I64 north to Rt. 340. 2430. Alaska................. False Pass Road construction $3,000,000.00 from small boat harbor dock to airport and town. 2431. Georgia................ Install sidewalks, improve $500,000.00 lighting, and install landscaping along Riverside Drive, Macon. 2432. Illinois............... Undertake streetscaping on $1,500,000.00 Ridgeland Avenue, Oak Park Avenue, and 26th Street, Berwyn. 2433. Massachusetts.......... Roosevelt Avenue intersection $1,500,000.00 improvements from Bay Street to Page Boulevard, Springfield. 2434. Pennsylvania........... 9th Avenue Project, Altoona, PA: $3,500,000.00 Complete preliminary engineering study and begin right of way acquisition. 2435. New York............... Improve Maple Avenue, Smithtown. $1,000,000.00 2436. New York............... Improve East End roads, Newburgh $1,863,500.00 2437. Ohio................... Relocate SR 149, Bellaire....... $650,000.00 2438. Illinois............... Improve safety of horizontal $320,000.00 curve on 250th Rd. in Grandview Twp. 2439. Illinois............... Construct pedestrian bridge over $100,000.00 Chicago Ship & Sanitary Canal to link Centennial Trail to I&M Canal Trail in Lemont, IL. 2440. Texas.................. Connector Sbound SH 146 to $9,000,000.00 Ebound Port Road, from Wbound Port Road to Nbound SH 146. supports proposed Bayport Terminal Complex. 2441. Pennsylvania........... Tidal Schuylkill Riverfront $3,500,000.00 project consists of eight mile bike and pedestrian recreation trail from Locust Street to Historic Bartram's Garden. 2442. Florida................ Upgrade SR 50 from US 27 to $3,000,000.00 Orange Co. line in Lake County. 2443. New York............... Structural analysis and $400,000.00 feasibility study evaluating options for rehabilitating the Bronx River Parkway at Crane Road over the Bronx River and Harlem line, Scarsdale. 2444. Massachusetts.......... Cape Cod Bicycle Path with $3,000,000.00 Shining Sea Link: Connects core to heavily visited national sites of upper and lower Cape. 2445. Michigan............... Belleville, Repave Main Street.. $125,000.00 2446. Illinois............... Construct the Lisle Township $100,000.00 segment of the East Branch DuPage River Greenway Trail. 2447. Illinois............... Upgrade roads, Cicero........... $1,010,000.00 2448. North Carolina......... Wayne County road improvements $1,200,000.00 for US 117 to SR 1342. 2449. Pennsylvania........... Linglestown Square, roadway and $3,000,000.00 intersection improvements, Lower Paxton Township. 2450. Maryland............... Widen MD 295 near BWI airport $8,700,000.00 from 695 to MD 100. 2451. Illinois............... Widen and improve Pulaski Road, $700,000.00 Alsip. 2452. Texas.................. Widening FM 423, from The Colony $8,000,000.00 (crossroad - State Highway 121) to Little Elm (crossroad - US 380 East). 2453. Indiana................ Construction of the Hoosier $5,000,000.00 Heartland along SR 25, from Lafayette to Logansport, Indiana. 2454. Georgia................ Replace sidewalks, upgrade $708,610.00 lighting in downtown Vidalia. 2455. North Carolina......... Construction of a four-lane $4,000,000.00 divided route on new location that will serve as the US 421 bypass from NC 16 to the Yadkin River in Wilkes County. 2456. Connecticut............ Construct Madison Shoreline $750,000.00 Greenway Trail. 2457. Connecticut............ Upgrade Mark Twain Drive, $2,000,000.00 Hartford. 2458. New York............... Reconstruction of the Gowanus $500,000.00 Expressway. 2459. New Jersey............. Traffic Signal Upgrade, Union $800,000.00 City. 2460. Florida................ Construct US 1/SR 100 Connector $2,500,000.00 in Bunnell, Florida. 2461. New York............... West Harlem Waterfront-ferry, $7,500,000.00 intermodal and street improvements and vicinity. 2462. Missouri............... Highway 115 extension - land $1,000,000.00 acquisition & roadway design to coordinate with Lambert Airport expansion. 2463. New York............... Improve Front Street, Binghamton $5,000,000.00 2464. Washington............. Centennial Trail Project, $200,000.00 Snohomish. 2465. New Jersey............. Passaic Avenue along Riverbank $2,500,000.00 Park, Kearny: Bikeway, Jogging and Fitness Trails. 2466. Pennsylvania........... Design and construct inner loop $500,000.00 roadway around Shippensburg, Pennsylvania, or other Cumberland County projects selected by Harrisburg Area Transportation Study. 2467. Illinois............... Construct interchange at I-255/ $19,000,000.00 Dupo-Columbia. 2468. North Carolina......... Adding passing lanes to Hwy. 64 $1,700,000.00 from NC 107 to US 178. 2469. Kentucky............... I-65 Interchange at Mile Marker $3,000,000.00 32 in Bowling Green. 2470. Illinois............... Improve roads, Village of $850,000.00 Westchester. 2471. New York............... Conduct studies and construct $4,000,000.00 infrastructure projects on Governor's Island. 2472. Iowa................... Reconstruct 15.3 miles of the US $2,300,000.00 30 corridor from Colo, Iowa to the beginning of the Marshalltown bypass and reconstruct the 7.5 mile segment from 4.5 miles west of Toledo to 1 mile east of Tama. 2473. Florida................ State Road A-1-A Corridor from I- $4,000,000.00 95 east to the Amelia River Bridge (Nassau County). 2474. Iowa................... Reconstruction of the existing $1,000,000.00 IA 945 interchange, with I 80 widened and reconstructed. 2475. California............. Seismic retrofit of Golden Gate $10,000,000.00 Bridge. 2476. Louisiana.............. Construct I-49 North from $3,500,000.00 Shreveport, Louisiana to Arkansas line. 2477. Indiana................ US 31 Freeway Project for Kokomo $5,000,000.00 Howard County. 2478. Tennessee.............. Improve circuitry on vehicle $104,000.00 protection device installed at railroad crossing in Lenoir City, TN. 2479. California............. Arcadia Santa Anita Avenue $3,000,000.00 Corridor Improvement project, street rehabilitation. 2480. Texas.................. Improvements to FM 716 between $1,000,000.00 Realitos and Conception, Duval County. 2481. Minnesota.............. Lyon County, City of Marshall $3,700,000.00 Hwy 23 between CSAH 33 and TH19. 2482. Pennsylvania........... Construction of ramps on I-95 $3,000,000.00 and US 322, widening of streets and intersections, increase vertical clearance at Amtrak bridges. 2483. Oregon................. Weaver Road Extension/Bridge $16,259,000.00 Project, Douglas County. 2484. New York............... Improve bicycle and pedestrian $300,000.00 safety on NY25, Jamesport. 2485. Illinois............... Reconstruction of Bus US 20- $1,000,000.00 West State St corridor in Rockford, IL. 2486. New Hampshire.......... Creation of a footbridge to $150,000.00 connect overflow parking to the main lot in Pinkham Notch, NH. As well as provide necessary backfill and stabilization work. 2487. Alabama................ I-20 widening and safety $5,000,000.00 improvements in St. Clair County. 2488. Wisconsin.............. Construct the Gateway Boulevard $6,950,000.00 project, Rock County. 2489. California............. Add turn lane and adaptive $1,300,000.00 traffic control system at intersection of San Tomas Expressway and Hamilton Avenue, Campbell. 2490. California............. Conduct Study and Construct I - $5,000,000.00 580 Corridor HOV Improvements Project, Alameda County, CA. 2491. Pennsylvania........... Transportation improvements to $2,000,000.00 SR 56 and SR 403 through Johnstown West end to improve safety, access and traffic conditions. [[Page 6146]] 2492. New York............... Improve I-87 Exit 18 interchange $2,250,000.00 in Town of Queensbury, Warren County. Includes ramp reconfigurations & improvements to adjacent intersections. 2493. Oklahoma............... Complete Reconstruction of the I- $4,000,000.00 35/SH 9 West Interchange. 2494. Louisiana.............. Fund the 8.28 miles of the El $2,000,000.00 Camino East-West Corridor along LA 6 from LA 485 near Robeline, LA to I- 49. 2495. New Jersey............. Bicycle facilities, West $115,000.00 Deptford Township. 2496. Florida................ Upgrade CR491 from Pine Ridge $2,000,000.00 Blvd to US 41. 2497. Washington............. 5th Street/US 2 Signalization $400,000.00 Improvements, Sultan. 2498. New Mexico............. Conduct the development of a $1,000,000.00 transportation access plan for Santa Teresa. 2499. Kentucky............... Reconstruct KY 70 (KY 259) from $1,000,000.00 Brownsville to Kyrock Elementary School. 2500. Maine.................. Bike/Ped Trail Construction, $1,000,000.00 Eastern Trail Management District. 2501. Texas.................. Street Improvements for Willow $360,000.00 Street, between North Street and Crockett Street, Beaumont. 2502. Illinois............... Upgrade traffic signal system on $500,000.00 87th Street, Chicago. 2503. Ohio................... Widen Hamilton Avenue/U.S. 127.. $2,700,000.00 2504. Nebraska............... Construct 25 miles of $6,000,000.00 recreational trail in Douglas County. 2505. Washington............. I-5 widening, Lewis County...... $4,000,000.00 2506. Pennsylvania........... Relocate Crow's Run Rd between $2,200,000.00 SR 65 and Freedom Crider Rd in Beaver County, PA. 2507. New Jersey............. A 521 space parking garage, New $2,000,000.00 Brunswick. 2508. Michigan............... Complete multistage $5,000,000.00 reconstruction of Walton Boulevard with curb and gutter improvements. 2509. Virginia............... Heart of Appalachia - $100,000.00 construction of stations for distribution of informational brochures along roads and trailways throughout seven counties. 2510. Virginia............... Widen Route 7 Leesburg Bypass... $2,000,000.00 2511. New Jersey............. Bicycle route connecting parks $350,000.00 in Irvington to the Irvington Bus Terminal through the business center. 2512. Connecticut............ Construct arterial roadway from $7,000,000.00 Boston Avenue north to proposed Lake Success Business Park site in Bridgeport, CT. 2513. Illinois............... Project is part of the overhaul $1,700,000.00 of 230 miles of US 67, near Jerseyville. 2514. South Carolina......... Reconstruct I-95/SC 327 $7,000,000.00 interchange. 2515. Texas.................. Construct roadway to connect $3,500,000.00 Anzalduas Bridge to US83. 2516. California............. Construct interchange at $1,600,000.00 Interstate-605 and Arrow Highway and at Live Oak Avenue including engineering, surveying, and right-of-way acquisition, Irwindale. 2517. Mississippi............ Widening of MS Hwy 24:Widening $500,000.00 MS Hwy 24 from I-55 in McComb to US Hwy 61 in Woodville. 2518. Texas.................. Construct IH-30 replacement $17,000,000.00 bridge, Trinity River, Dallas, Texas. 2519. Maine.................. I-295/Franklin Street Arterial $3,000,000.00 Interchange, Portland. 2520. Alabama................ American Village - Montevallo $300,000.00 construction of closed loop Access Road, bus lanes and parking facility. 2521. Illinois............... Upgrade harbor access at Tri- $832,000.00 City Regional Port District. 2522. Indiana................ Reconstruct Standard Avenue, $1,300,000.00 Whiting. 2523. Minnesota.............. Connect CSAH 48 with MN State $1,000,000.00 Trunk Hwy 210. Complete portions of Paul Bunyan Trail. 2524. Texas.................. Construct proposed ``super $4,000,000.00 streets'' that are part of the Houston-Galveston Area Council's 100% Solution Plan to reduce regional congestion. 2525. Tennessee.............. Extension of bicycle and $200,000.00 pedestrian trail, Springfield. 2526. Pennsylvania........... Design and construct interchange $3,500,000.00 and related improvements at I- 83, Exit 4, or other projects selected by York County, Pennsylvania MPO. 2527. Missouri............... Design, Right of Way and $6,800,000.00 Construction of Highway 465, from Highway 76 to Highway 376, Taney Cty, MO. 2528. Connecticut............ Widen and improve Metro North $500,000.00 Railroad Underpasses at Atlantic, Elm, and Canal Streets and Route 1 in Stamford, CT. 2529. Pennsylvania........... Extension of Third Street from $5,000,000.00 Interstate 83 to Chestnut Street, Harrisburg. 2530. New York............... Reconstruction of West Neck Road $2,000,000.00 from Huntington-Lloyd Harbor boundary to the end of the Village-maintained road, Lloyd Harbor. 2531. New York............... To design/construct safer $1,000,000.00 roadway for high volume traffic, connecting I-87 in NY with I-89 in VT, via Cumberland Head peninsula, NY. 2532. Georgia................ Improvements of St. Marys Road $1,800,000.00 from I-95 to Kings Bay Subbase. 2533. New York............... Pedestrian Bridge to Stony Pt $1,200,000.00 Battlefield. Bicycle and pedestrian trail rehab & related improvements in Rockland County - NY. 2534. New York............... Rehabilitation of Pines Bridge $2,765,000.00 Road/Lake Avenue and Ryder Road, in Ossining, Yorktown and New Castle. 2535. Louisiana.............. Kerner Bridge................... $1,000,000.00 2536. North Carolina......... Construct Interstate 73/74 in $18,500,000.00 Montgomery County and Richmond County, NC. 2537. Massachusetts.......... Replacement of failing bridge / $1,800,000.00 underpass (Route 106) and concrete support structure, Town of Mansfield. 2538. Minnesota.............. Acquisition of ROW and $2,200,000.00 environmental review for additional Mississippi River crossing, City of Little Falls. 2539. Iowa................... Construct a roadway extending $500,000.00 north from the I 80/US 65 interchange to NE 118th Avenue, west to I 35 and the Mile Long Bridge (IA 415). 2540. Pennsylvania........... Central Susquehanna Valley $2,000,000.00 Thruway U.S. 15. Construct 4 lane limited access highway. Connect SR 147 south of I-80 with US 11/15 south of Selingsgrove. 2541. Minnesota.............. Munger Trail Extension, City of $3,200,000.00 Duluth. 2542. California............. Interchange improvements at $2,000,000.00 Interstate 215 at Los Alamos Road, City of Murrieta. 2543. Illinois............... Construct I-57/I-294 interchange $2,900,000.00 2544. Louisiana.............. Widen LA 18 from Northrup $2,500,000.00 Grumman/Avondale Shipyards to US 90, Jefferson Parish. 2545. Maine.................. Replacement of the Route 201-A $1,000,000.00 ``covered'' bridge, Norridgewock. 2546. New Hampshire.......... Improvements of the intersection $1,700,000.00 of Route 101A and Route 13 in Milford, NH. 2547. California............. Adds NB lane and auxiliary lanes $6,000,000.00 on I-5 and widens the I-8 west to I-5 north, San Diego. 2548. Maine.................. Route 2 Improvements from Bethel $500,000.00 to Gilead. 2549. Missouri............... Construct U.S. Highway 54 $1,500,000.00 Expressway near Osage Beach, Missouri. 2550. Georgia................ Construct road around the high $8,000.00 school, two blocks from SR 42 and SR 80, Crawford County. 2551. Tennessee.............. Proposed State Route 397 $2,225,000.00 extension from State Route 96, west to US 431 North in Franklin, Williamson County. 2552. Wisconsin.............. Upgrade State Highway 2, City of $4,000,000.00 Ashland. 2553. California............. Ferrari Interchange Project - $3,000,000.00 Construction of an interchange located at the intersection of future State Route 65 and Ferrari Ranch Road/Westwood in Placer County. 2554. Illinois............... Construct and improve bike path $250,000.00 network, Evanston. 2555. Michigan............... Reconstruct East Spruce Street $950,000.00 with drainage, curb, gutter, pavement, traffic control devices, Sault Ste. Marie. 2556. New York............... Enhance road and transportation $3,000,000.00 facilities in the vicinity of W. 65th St and Broadway, New York City. 2557. New York............... Design and reconstruction of $2,000,000.00 roadways & sidewalks, including Washington Street to Stone Street, and throughout Public Square, located in Watertown, NY. 2558. Georgia................ Rockbridge Road improvements $2,500,000.00 DeKalb. 2559. Georgia................ Construct rail overpass, SR 21 $2,000,000.00 to SR 25. [[Page 6147]] 2560. Florida................ Normandy Blvd. & Cassat Avenue, $1,500,000.00 Jacksonville. 2561. Florida................ Complete Removal and Replacement $750,000.00 of Platt Street Bridge, Hillsborough County. 2562. Pennsylvania........... State Street Bridge $1,500,000.00 Rehabilitation, Hamburg. 2563. Missouri............... Widening of Chouteau Trafficway $3,000,000.00 to 4 lanes and necessary safety improvements. 2564. Virginia............... To enhance Main Street (US Route $725,000.00 1 South) in Dumfries, Prince William County. 2565. Illinois............... Construct pedestrian tunnel $1,700,000.00 under railroad tracks at commuter lot, Winfield, IL. 2566. Virginia............... Maple Avenue street improvement $1,650,000.00 project in Vienna. 2567. Georgia................ Streetscape project for lighting $300,000.00 and landscaping on Main Street along Georgia Highway 231, Davidsboro. 2568. Ohio................... Construct interchange or other $6,935,000.00 appropriate access on IR 70 west of existing mall road exit in Belmont County. 2569. California............. Design and Construction Camino $1,000,000.00 Tassajara -Crown Canyon to East Town Project, Danville, CA. 2570. Hawaii................. Construct Kapaa Bypass.......... $3,000,000.00 2571. Arkansas............... Repair and Improvement of East $200,000.00 Patrol Road, Hempstead County. 2572. Florida................ I-95 / Spanish River Blvd. $14,000,000.00 Interchange, Palm Beach County. 2573. Pennsylvania........... Improvements, including a turn $2,430,000.00 lane at, new signing and markings at intersection of Route 422 and Route 662 in Berks County. 2574. Georgia................ Reconstruction of the shoulders $10,000,000.00 of GA SR 400 from mile post 6.65 north to SR 306 for use by transit vehicles. 2575. Virginia............... Construct Route 262 Bypass at $1,000,000.00 Rt. 252/Rt. 254 in Augusta County. 2576. Kansas................. Construct K-7/55th St./Johnson $3,000,000.00 Drive interchange and construct Clear Creek Parkway overpass over K-7, City of Shawnee. 2577. California............. Multi-year integrated project to $3,520,000.00 develop regional transportation plan for next 20 yrs for Riverside County and Orange County. Major investment study and PA-ED phase work. 2578. New York............... Orzeck Rd. improvements in Town $500,000.00 of Goshen-NY. 2579. New Jersey............. Replace Haynes Avenue bridges $900,000.00 over Waverly Yards and Routes 1 and 9, Newark. 2580. Ohio................... Construct shared use trail from $500,000.00 Bellbrook to Spring Valley connecting with the Little Miami Scenic Trail. 2581. California............. Reconstruct 1.9 miles of $500,000.00 Paramount Blvd. Major arterial in region with interchange at 91 Freeway to Del Amo Blvd., Long Beach. 2582. Mississippi............ Upgrade roads in Humphreys $944,000.00 County Districts 1 and 5 and Isola. 2583. Missouri............... Lewis and Clark Expressway...... $2,000,000.00 2584. Missouri............... Design, Right of Way and $5,000,000.00 Construction of Interstate 44 & Highway 39 Interchange, Mt. Vernon, MO. 2585. New York............... Rehabilitation of East and West $1,015,000.00 John Streets in the Village of Lindenhurst. 2586. Arkansas............... Widen Old Boyd Road and upgrade $500,000.00 associated bridges, Miller County. 2587. Florida................ Widening I-95, from Ft. Pierce $2,000,000.00 to Melbourne. 2588. Texas.................. Construct Santa Fe Trail DART LR $2,400,000.00 overpass from Hill Street to Commerce Street along abandoned Santa Fe Rail right of way. 2589. Alabama................ Decatur/Hartselle Southern $2,000,000.00 Bypass connecting Alabama 67 near Priceville continuing between Hartselle & Decatur ending on Alabama Hwy 20. 2590. Ohio................... Study and design of the I-74 / I- $2,000,000.00 75 interchange. 2591. Texas.................. I-30 Bridge over the Trinity $42,000,000.00 River, Dallas. 2592. Illinois............... City of Havana upgrades to $800,000.00 Broadway St. 2593. Massachusetts.......... Engineering, design and $4,650,000.00 restoration of State Route 146 site for Northern Gateway Visitor Information Center Blackstone Corridor Worcester. 2594. Georgia................ Reconstructing State Route 316 $2,000,000.00 into a limited-access highway. 2595. Florida................ Reconstruct 40th Street, Tampa.. $4,000,000.00 2596. Virginia............... Craig County Trail - $150,000.00 improvements to trail, Craig County. 2597. Ohio................... Bicycle trail construction from $500,000.00 Chardon south to East Branch Reservoir. 2598. Texas.................. State Loop 390 in Marshall, $6,000,000.00 Harrison County. 2599. Ohio................... Widen Western Reserve Road, $2,000,000.00 Mahoning County. 2600. Arkansas............... Relocate Mazarn Bridge, SE $60,000.00 Montgomery County. 2601. California............. Undertake Fernandez Ranch $1,000,000.00 transportation enhancement project, Contra Costa County. 2602. Michigan............... Build 1.5 mile road between M-66 $1,500,000.00 and B drive N, including improved drainage. 2603. New York............... Rt. 531 Expansion, Gates- $5,000,000.00 Brockport, 4-Lane Highway is a Project to Extend Route 531. 2604. Louisiana.............. Widen LA Highway 28 from Vernon/ $5,000,000.00 Rapides line to State Route 121, Rapides Parish. 2605. Tennessee.............. Construction of park access road $300,000.00 and adjacent trails at the Athens Regional Park in Athens. 2606. Ohio................... Construct Lakefront Plan $3,750,000.00 (pedestrian/bike path and road improvements), Cleveland. 2607. Tennessee.............. Construct greenway system, $1,100,000.00 Nashville and Davidson County. 2608. Texas.................. Reconstruction of IH 35E/Loop 12 $5,000,000.00 from Spur 408 north to IH 635 thru Grand Prairie, Irving, and Dallas. 2609. Maryland............... Chestertown Trail, Kent County.. $300,000.00 2610. New York............... Reconstruction of Route 340 and $1,000,000.00 Erie Street Intersections with Route 303, Rockland County. 2611. North Carolina......... Purchase of two rail corridors $2,000,000.00 for future use as a bike/ pedestrian trail, Durham. 2612. Illinois............... Construct and expand the $400,000.00 Greenway Trail along the East Branch of the DuPage River in Bloomingdale and Milton townships, IL. 2613. Wisconsin.............. Reconstruct US Highway 41 in $2,500,000.00 Green Bay, WI. 2614. Mississippi............ Upgrade roads in Canton (U.S. $800,000.00 Hwy 51, 22, 16 and I-55), Madison County. 2615. Pennsylvania........... Indiana, Pa-Construct 5 mile $2,700,000.00 segment of rail line and eliminate use of existing line and 37 grade crossings, Glenn Lock to Middletown. 2616. Texas.................. Extension of Radio Road from I- $1,000,000.00 30 to SH 11 at FM 2560. 2617. Texas.................. US Route 87 Big Spring Bypass $16,000,000.00 part of the Ports-to-Plains Corridor, a National High Priority Corridor from Mexico to Denver. 2618. California............. Reconstruct I880/Coleman Avenue $10,000,000.00 Interchange to improve traffic flow, San Jose. 2619. California............. Construct grade separation $1,250,000.00 between State Street and BNSF tracks along with street improvements on State Street, San Bernardino. 2620. New York............... Big Ridge Road: Spencerport $2,000,000.00 Village Line to Gillett Road in the Town of Ogden. 2621. California............. Rancho Cucamonga I-15/Base Line $5,000,000.00 Interchange, removal and reconstruction of on and off ramps, and construction of auxiliary lanes. 2622. Kansas................. Replacement or Rehabilitation of $2,000,000.00 the Amelia Earhart Bridge over the Missouri River from Kansas into Missouri. 2623. Wisconsin.............. Reconstruct US Highway 45 in $2,000,000.00 Waupaca County. 2624. Michigan............... Wayne, Laurenwood reconstruct 1/ $125,000.00 4 mile stretch. 2625. Missouri............... Study Needs and Design of $2,500,000.00 Highway 37 & 60 Corridor, from Republic, MO to Arkansas stateline. 2626. Maryland............... MD237-right-of-way acquisition $10,000,000.00 to upgrade and wide MD237 to a multi-lane highway from Pegg Road to MD235. 2627. Texas.................. US 83 underpass and pedestrian $1,900,000.00 crossing at Abrams Road, Palmview. 2628. Tennessee.............. Replace Unitia Bridge in Loudon $900,000.00 County. 2629. Minnesota.............. Construct bicycle trails in and $400,000.00 around Aitkin connecting the Paul Bunyan Trail to the Mesabi Bike Trail. 2630. Colorado............... Wadsworth Bypass (State Highway $6,000,000.00 121)/Burlington Northern Railroad and Grandview Grade separation. [[Page 6148]] 2631. Illinois............... Complete Phase II engineering $1,000,000.00 for reconstruction of 159th Street/US 6 in Will County. 2632. Illinois............... Construct and replace East $300,000.00 Branch River bridge on Illinois Prairie Path, Milton Township, IL. 2633. Nebraska............... Pave 5.5 miles of road north of $1,500,000.00 the Village of Cordova to I-80. 2634. Ohio................... Land acquisition for $710,000.00 construction of bicycle and pedestrian trails at Mentor Marsh. 2635. California............. Widen Interstate 8 overpass at $2,500,000.00 Dogwood Road, Imperial County. 2636. Texas.................. Improve Bus 287 between 8th $4,000,000.00 Street and Northside Drive, Ft. Worth. 2637. Oklahoma............... Widen SH 33 from Cimarron River $6,300,000.00 East to US 177, Payne County. 2638. Georgia................ Bridge improvements on Rico $560,000.00 Tatum Road at Cedar Creek, Fulton Co. 2639. Michigan............... Expansion of Ten Mile Road, $277,000.00 Hazel Park/Madison Heights. 2640. Texas.................. Widen from 4 to 6 lanes I-35E $14,000,000.00 from Lake Lewisville to Loop 288. 2641. Arizona................ Roadway widening from two lanes $1,000,000.00 to four on US 93 near the town of Wikieup. 2642. Florida................ Designation of State Road 70 as $4,000,000.00 an I2 corridor connecting the east and west coasts of Florida. 2643. Kentucky............... Replace bridge and approaches on $500,000.00 KY-1665 over Stony Creek (B48) west of Jct. US 421. 2644. Oklahoma............... Construct US 59 improvements $5,000,000.00 from Westville to US 412, Delaware County. 2645. California............. Conduct Study and Construct $5,000,000.00 Contra Costa County Brentwood Tracy Expressway Project, CA. 2646. Michigan............... Carlysle Road - 2 miles east of $2,000,000.00 city limit to Middlebelt Road, City of Inkster. 2647. California............. Folsom Boulevard & Power Inn $9,000,000.00 Road improvements and widening. 2648. Florida................ 44th St. Extension to Golfair $1,500,000.00 Blvd., Jacksonville. 2649. Georgia................ Construct two lane bypass from $1,000,000.00 US 1 to SR 88 around Wrens. 2650. California............. Construct Highway 101 bicycle/ $1,000,000.00 pedestrian overpass at Millbrae Ave for the San Francisco Bay Trail, Millbrae. 2651. New York............... Design and Construction of $480,000.00 bicycle and pedestrian facilities in the area of the Roosevelt Avenue Bridge. 2652. Ohio................... Reconstruction of a urban $1,960,000.00 collector street within the federal highway system at SR 18 and Smith Rd. in the City of Medina. 2653. Louisiana.............. Construct LA 143/US 165 $12,000,000.00 Connector and North Ouachita River Bridge, Ouachita Parish. 2654. Pennsylvania........... Replace an existing stone-arch $9,500,000.00 rail bridge, Upper Dublin Township. 2655. Pennsylvania........... Design, engineering, ROW $250,000.00 acquisition, and construction of intersection improvements and safety enhancements, Borough of Taylor in Lackawanna County. 2656. Minnesota.............. Heritage Center at the Grand $1,355,000.00 Portage National Monument. 2657. New Hampshire.......... Public safety improvement by $2,020,000.00 easement, building side- crosswalks, parking, traffic calming work. Part of Chocorua Village Intersect Improvement project. 2658. Illinois............... Construct West Corbin Overpass $5,000,000.00 over Illinois 255, Bethalto. 2659. Indiana................ CR 17, Elkhart Cnty, IN. The $3,000,000.00 project is for a new four lane highway from County Rd. 26 to County Rd 38. 2660. Virginia............... Construct equestrian enhancement $2,000,000.00 in Mount Rogers NRA adjacent to Virginia Highlands Horse Trail. 2661. New York............... Rehabilitate the High Bridge $5,000,000.00 over the Harlem River between Manhattan and the Bronx. 2662. Indiana................ Extend Everbrook Drive from SR $640,000.00 332 to Bethel Avenue in the City of Muncie, Indiana. 2663. New York............... Continue design phase, including $5,000,000.00 tiered, multi-year environmental scoping study, & construction on proposed route of Northern Tier Expressway (NTE), connecting I-81 and I- 87, via US Rte.11. 2664. Michigan............... Complete reconstruction of $4,000,000.00 Tienken Road with curb and gutter improvements. 2665. New Jersey............. Vernon Township Traffic Calming, $3,000,000.00 Pedestrian Safety and Traffic Congestion Circulation Improvement Project. 2666. Oregon................. Improvements to Bandon- $4,200,000.00 Charleston State Scenic Tour on Randolph Road and North Bank Lane. 2667. Nebraska............... Construct Pflug Road and I-80 $2,000,000.00 Interchange. 2668. Oregon................. Rogue River Bikeway/Pedestrian $600,000.00 Path, Curry County. 2669. Utah................... Widen and improve 800 North/SR - $2,100,000.00 52 a main east-west corridor in Orem Utah. 2670. New York............... Rehabilitation of East and West $1,020,000.00 Gates Avenue in the Village of Lindenhurst. 2671. Virginia............... Daniel Boone Wilderness Trail $4,000,000.00 Corridor - design and construction of interpretive center and enhancement of trail corridor. 2672. Minnesota.............. Reconditioning CSAH 61 from $1,480,000.00 Barnum to TH 210 at Carlton, and improve Munger Trail. 2673. American Samoa......... Village road improvements for $3,000,000.00 Tualauta, Tualatai, Aitulagi, Fofo,and Alataua counties in the Western District. 2674. Pennsylvania........... The project involves building an $5,188,000.00 interchange, extending Lafayette Street, and building a toll interchange connecting Lafayette Street with the Pennsylvania Turnpike. 2675. Pennsylvania........... Design, engineering, ROW $1,000,000.00 acquisition, and construction of the third phase of the Marshalls Creek Bypass Project, Monroe County. 2676. Michigan............... New Interchange at Latson Road $6,000,000.00 on I-96. 2677. Florida................ Coral Way Phase One, City of $3,000,000.00 Miami. 2678. Wisconsin.............. Reconstruct State Highway 32 in $11,900,000.00 Kenosha and Racine Counties, Wisconsin. 2679. Missouri............... Chain of Rocks Bicycle/ $300,000.00 Pedestrian connector linking regional network of trails & greenways. 2680. Illinois............... Pre construction activities for $236,000.00 Sangamon Valley Trail. 2681. Michigan............... Resurfacing and widening of $368,000.00 Parmater Road, Otsego County. 2682. Virginia............... Virginia Creeper Trail - ongoing $1,300,000.00 trail needs, including construction of restroom facilities at Watauga and Alvarado and parking expansion at Watauga. 2683. Indiana................ Connection of Hazelldell Parkway $500,000.00 to proposed Little Chicago Road in Hamilton County. 2684. Alaska................. Construction of and improvements $3,000,000.00 to roads at Alaska Pacific University. 2685. North Carolina......... 3.5 mile extension of Martin $2,000,000.00 Luther King, Jr. Arterial Boulevard in Monroe, NC. 2686. California............. Widen and add turn lanes to $2,500,000.00 Firestone Blvd, Downey. 2687. Arkansas............... Improvement of Judges Road, $500,000.00 Desha County. 2688. Pennsylvania........... Complete design for Eastern $1,000,000.00 Inner Loop connector between Business Route 322 and State Route 3022 in Centre County. 2689. New York............... Highway Construction Selkirk $1,600,000.00 Bypass Truck Route. 2690. Iowa................... Right-of-way and construction of $7,750,000.00 U.S. Highway 20 at Woodbury County (Interstate 29), Ida County, Sac County from Ida County line to U.S. 71 at Early, IA. 2691. Arizona................ Construction of interim bypass $1,000,000.00 for US 93, circumventing the town of Wickenburg. 2692. Texas.................. Construct grade separation at $3,800,000.00 the intersection of Medical Drive and Fredericksburg Road. 2693. Massachusetts.......... Union Square street improvements $500,000.00 and enhancements, Somerville. 2694. Indiana................ I-69 access project connects $4,000,000.00 146th St. to I-69 Interchange at Exit 10. 2695. Texas.................. Construct IH-35E replacement $5,000,000.00 bridge, Trinity River, Dallas, Texas. 2696. Mississippi............ Upgrade Alex Gates Road and $2,200,000.00 Walnut Road in Quitman County, and roads in Falcon, Sledge and Lambert. 2697. Illinois............... Improve 63rd Street, Chicago.... $2,000,000.00 2698. Pennsylvania........... SR 3003 Bridge, replace one span $1,000,000.00 steel stringer bridge with a one span concrete box beam bridge in Auburn Township, Susquehanna County. 2699. New Jersey............. Widening Routes 1 & 9, $500,000.00 Production Way to East Lincoln Avenue. 2700. New Jersey............. Rte. 50 Bridge & Road $5,000,000.00 improvements, Cape May & Atlantic Counties. Replace Rte. 50 bridge over Tuckahoe River with fixed span. 2701. Florida................ Upgrade SR 50 from US 19 to US $3,000,000.00 41 in Hernando County. 2702. Tennessee.............. Addition of an interchange on I- $3,000,000.00 40 in Roane County at Buttermilk Road and I-40 to provide safe, efficient access to interstate. [[Page 6149]] 2703. New Hampshire.......... Intersection improvements at US $1,000,000.00 Route 3 and the Franklin Industrial Drive entrance in Franklin, NH. 2704. Maine.................. Relocation of southbound on-ramp $1,500,000.00 to I-95 at exit 47, Bangor. 2705. New Jersey............. Extend CR Route 605............. $1,000,000.00 2706. Arkansas............... Development of infrastructure to $1,200,000.00 Regional Airport in Fort Smith. 2707. Ohio................... City of Tiffin Kennedy bridge $1,000,000.00 overpass and lighting improvement along St. Route 53. 2708. Louisiana.............. Construct pedestrian walkways $1,000,000.00 between Caddo Street and Milam Street along Edwards Street in Shreveport, LA. 2709. Michigan............... Construct improvements and $6,000,000.00 modifications to M-40/I-196 Interchange. 2710. Massachusetts.......... Rt. 20 - I-95 Interchange, $1,500,000.00 Waltham. 2711. Massachusetts.......... Reconstruct Rutherford Avenue $1,000,000.00 from City Square to Route 99, Boston. 2712. New York............... Study, design, and $1,000,000.00 reconstruction of pedestrian walkways, the Bronx. 2713. Michigan............... Construct road improvements to $4,500,000.00 Miller Road from Interstate 75 to Linden Road, Flint Township. 2714. Arkansas............... Relocation of Highway 412 $1,000,000.00 bypass, Paragould. 2715. Georgia................ Construct Coastal Ga Greenway $500,000.00 trail from Bee Road to Lake Mayer. 2716. Arkansas............... Replacement of bridges #11597, $500,000.00 #11598, and #11590, Columbia County. 2717. Utah................... Parley's Creek Corridor Project. $5,000,000.00 2718. Kansas................. Improve I-35/95th Street $1,000,000.00 interchange, City of Lenexa. 2719. New Jersey............. Rehabilitation of Benigno $400,000.00 Boulevard from I-295 to Route 168, Bellmawr. 2720. Arizona................ Roadway widening from two lanes $1,000,000.00 to four on US 93 south of the town of Wikieup. 2721. Ohio................... Construct Riverwalk project $1,500,000.00 (bike/pedestrian path and facilities), City of Warren. 2722. Pennsylvania........... Design, engineering, ROW $2,000,000.00 acquisition, and construction of street improvements and safety enhancements, City of Nanticoke in Luzerne County. 2723. Massachusetts.......... Pedestrian walkway for the Town $700,000.00 of Norwood. 2724. Maryland............... I-70/MD85/MD355 Interchange..... $3,000,000.00 2725. Missouri............... Study of Needs and Design $2,000,000.00 Highway 160 & Kansas Expressway, Greene County, MO. 2726. Missouri............... Grand Ave Viaduct replacement of $12,000,000.00 6 lane structure with 5 lanes plus pedestrian walkways, St. Louis. 2727. Florida................ Construct I-4 Frontage Road in $2,000,000.00 Volusia County, Florida. 2728. New York............... Reconfiguration of New Rochelle $1,000,000.00 Toll Plaza, including installation of high-speed EZPass, at this congested segment of I-95. 2729. Louisiana.............. Elimination of highway-rail $1,000,000.00 grade crossings along Louisiana and Delta railroad. 2730. Pennsylvania........... York City Northwest Triangle $1,500,000.00 redevelopment project. 2731. California............. Improve pedestrian and biking $1,000,000.00 trails within East Bay Regional Park District, Contra Costa County. 2732. South Carolina......... SC-81 Turning Lane - The SCDOT $50,000.00 would construct a turning lane to feed traffic into lakeside development at Lake Russell, SC. 2733. Kentucky............... Construct priority section 1 of $8,000,000.00 the E.T. Breathitt (Pennyrile) Parkway Extension from Lovers Lane North to U.S. 41-A, Christian County. 2734. Pennsylvania........... Design, engineering, ROW $2,500,000.00 acquisition and construction of streetscaping enhancements, including paving, lighting and safety improvements, in downtown Wilkes-Barre. 2735. Georgia................ Rehabilitate sidewalks and $500,000.00 replace streetlights, Swainsboro. 2736. New York............... Construction of and improvements $2,000,000.00 to Seneca Street in Buffalo. 2737. Tennessee.............. Restoration of historic downtown $1,000,000.00 Cobblestone Landing, Memphis. 2738. New Jersey............. Rte. 30 & Pomona Rd. $4,000,000.00 intersection improvements. Widens road, improves signals and turn lanes at intersection. 2739. Virginia............... NRV Trail - construction of $56,000.00 multi-use trail between the Towns of Rich Creek and Glen Lyn, Giles County. 2740. New Jersey............. Ferry Service Terminal, Carteret $2,100,000.00 2741. California............. Pedestrian calming measures $600,000.00 along Las Tunas Blvd., the City of San Gabriel. 2742. Tennessee.............. Extension of bicycle and $9,400,000.00 pedestrian trail, Murfreesboro. 2743. Minnesota.............. Construct Final Segment of Hwy $5,000,000.00 610 from TH169 in Brooklyn Park, MN to its terminus in Maple Grove, MN. 2744. New York............... Roadway improvements on Woodbine $640,000.00 Avenue between 5th Avenue and Beach Avenue, Northport. 2745. Texas.................. Construct bicycle and pedestrian $750,000.00 trails in Houston's historic Third Ward. 2746. Massachusetts.......... Construct 1.5 mile East $720,000.00 Longmeadow Redstone Trailway. 2747. Mississippi............ State Highway 57 widening, $5,000,000.00 Jackson County. 2748. Illinois............... Construction of a highway on new $1,000,000.00 alignment to create a cross town route across Godfrey, IL from Illinois Route 3 to US 67. 2749. Nevada................. New Interchange for Industrial $1,000,000.00 Park in Mesquite along I-15 corridor from MP 117.5 @MP 118.5. 2750. Kansas................. Reconstruct grade separation on $6,500,000.00 US-169, Kansas City. 2751. New York............... Roadway, streetscape, $2,000,000.00 pedestrian, transit, and parking improvements to the Buffalo Niagara Medical Campus, Buffalo. 2752. Ohio................... Construct replacement of Morgan $3,300,000.00 Township Road 209 between SR 60 and SR 78 in Morgan County. 2753. New York............... Improve intersection of Old Dock $500,000.00 Road and Church Street, Kings Park. 2754. New York............... Construction of sidewalks along $475,000.00 Rt 9A corridor in Village of Buchanan-NY. 2755. Texas.................. Port of Beaumont Intermodal $6,488,000.00 Corridor Project. 2756. Maine.................. Replacement of Waldo-Hancock $16,000,000.00 Bridge. 2757. Illinois............... Establish transportation museum $540,000.00 on Navy Pier (Chicago Children's Museum), Chicago. 2758. California............. Sierra College/I-80 Interchange $2,000,000.00 Project - Correct design deficiencies at the Sierra College Boulevard interchange with I-80 in Placer County. 2759. Washington............. US 2/Sultan Basin Road $400,000.00 Improvements, Sultan. 2760. Mississippi............ Ohr-O'Keefe Welcome Center, $750,000.00 Biloxi. 2761. Illinois............... Replace Interstate 74 Bridge, $4,000,000.00 Moline. 2762. Massachusetts.......... Improve traffic signal $1,500,000.00 operations, pavement markings & regulatory signage, Milton- Boston City Line. 2763. Illinois............... Realign Irving Park Road (State $11,600,000.00 Highway 19) and construct grade separation for RR tracks that intersect Irving Park and Wood Dale roads, Wood Dale, IL. 2764. Virginia............... US Rt. 17 (Warrenton Road) $2,000,000.00 Stafford County. To widen road and alleviate traffic congestion. 2765. Ohio................... Upgrade Manchester Rd., Akron... $4,000,000.00 2766. Georgia................ Infantry Museum Transportation $1,000,000.00 Network [4-lane connector], Columbus. 2767. Massachusetts.......... Widen Crosby Drive from north of $1,000,000.00 Route 62 in the Town of Bedford to Middlesex Turnpike in the Town of Burlington. 2768. North Carolina......... Expand and replace traffic $16,000,000.00 signal systems and intelligent transportation systems in the City of Greensboro. 2769. New York............... Rehabilitation of road and $3,000,000.00 drainage systems on Beach, Canal, and Sea Breeze Roads in the Town of Oyster Bay. 2770. Virginia............... High Knob Horse Trails - $1,500,000.00 construction of network of horse riding trails and associated facilities in High Knob area of Jefferson National Forest. 2771. New York............... Reconstruction of Schenck Avenue $5,000,000.00 from Jamaica Avenue to Flatlands Avenue, Brooklyn. 2772. Pennsylvania........... Construct new alignment of Route $2,000,000.00 830 from Interstate 80 to Dubois-Jefferson County Airport. [[Page 6150]] 2773. Pennsylvania........... SR 21 safety and capacity $2,000,000.00 improvements, Greene and Fayette Counties. 2774. Arkansas............... Improvements on Calhoun County $500,000.00 Roads 64, 73, 81, and 26. 2775. California............. Improve the signal system $125,200.00 infrastructure and timing of 10 traffic signals on Antonio Parkway. 2776. Idaho.................. Improve and widen US-95. $4,000,000.00 Includes replacement of two bridges, Copeland to Eastport in Boundary County. 2777. New Jersey............. Route 7 Wittpenn Bridge over $1,000,000.00 Hackensack River, Bridge Replacement and Reconstruction of Route 7 - Fish House Road Interchange. 2778. Texas.................. Pedestrian improvements and $2,500,000.00 traffic control projects for Alameda, Dyer, and North Loop, El Paso. 2779. New Jersey............. Sea Isle Blvd. Reconstruction, $2,000,000.00 Cape May County. Reconstruct and raise road bed above FEMA 100 year flood level. 2780. Oregon................. Renewal of wooden trestle bridge $6,000,000.00 west of Albany. 2781. Missouri............... Construction of Highway 249 $10,000,000.00 (Range Line By-pass), Jasper County, MO. 2782. Minnesota.............. Construction of street underpass $2,000,000.00 and 2 bicycle-pedestrian underpasses of rail-crossing and grade separated interchange with U.S. Highway 61. 2783. New York............... Purchase Three Ferries and $15,000,000.00 Establish System for Ferry Service from Rockaway Peninsula to Manhattan. 2784. Hawaii................. Ft. Weaver Road Widening........ $10,000,000.00 2785. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of PS 153. 2786. Illinois............... South Chicago Street $145,000.00 Improvements (Geneseo): Construction of a pedestrian sidewalk along S. Chicago Street. 2787. Pennsylvania........... Construct PA Route 61/Schulkill $10,000,000.00 Haven Bypass, Schuylkill Haven. 2788. Ohio................... Construct Front Street grade $500,000.00 separation, Berea. 2789. Michigan............... Widen, pulverize and improve $575,000.00 drainage with new bituminous pavement surface Nahma Bridge on CR 497 from US 2 at Nahma Junction to Village of Nahma. 2790. Mississippi............ Lake Harbour Drive $500,000.00 Extension:Extension of Lake Harbour Dr at US Hwy 51 to Highland Colony Pkwy, providing a major east-west corridor through Ridgeland. 2791. Alaska................. Realign rail track to eliminate $5,000,000.00 highway-rail crossings and improve highway safety and transit times. 2792. Illinois............... Construct 1.5 miles of roadway 750,000.00 from Mississippi River Barge Dock to the Intersection of IL3 & IL157, Cahokia. 2793. Ohio................... Replace Rock Spring Bridge, $500,000.00 Portage County. 2794. New York............... Install Improvements for $250,000.00 Pedestrian Safety in the vicinity of PS 124. 2795. Michigan............... ROW acquisition and construction $3,000,000.00 for I-94 widening between Sargent Road and M-60, including interchange improvements at I-94/US-127 North. 2796. California............. Implement ITS on Muni Transit $4,000,000.00 System, San Francisco. 2797. Illinois............... Widen and improve Chain of Rocks $2,156,000.00 Road between IL 111 and I-255. 2798. Pennsylvania........... Improve handicapped $3,000,000.00 accessibility and provide a pedestrian overpass. 2799. Kentucky............... Replace bridge and approaches on $770,000.00 CR-5230 over North Rolling Fork River (C20), Danville. 2800. Tennessee.............. Develop trails, bike paths and $250,000.00 recreational facilities on Western Slope Black Mountain, Cumberland County for Cumberland Trail State Park. 2801. Minnesota.............. Construct Mesabi Trail $2,700,000.00 completion from Grand Rapids to City of Ely. 2802. Ohio................... Construct transportation $6,000,000.00 enhancements projects, Toledo. 2803. Virginia............... Construct eastbound and $2,000,000.00 westbound ramps with bridges to provide direct access from Interstate 95 to Temple Avenue in Colonial Heights. 2804. New Jersey............. Newark Waterfront pedestrian and $1,784,000.00 bicycle access, Broad Street to NJPAC to Minish Park. 2805. California............. Upgrade and reconstruct I-580/ $2,500,000.00 Vasco Road Interchange, City of Livermore. 2806. Michigan............... Livonia, Reconstruct Stark Rd. $1,000,000.00 between Plymouth Rd. and I-96. 2807. Georgia................ Add 5-10 ft. sidewalks in $2,000,000.00 downtown Winder to improve bicycle/pedestrian streetscapes, safety, increase handicap access, and add bicycle parking. 2808. Utah................... Highway 6 From I-15 to I-70..... $3,000,000.00 2809. California............. Upgrade Save Mart Center $1,500,000.00 intersection at Willow and Ashlan and Willow and Shaw, City of Fresno. 2810. Alabama................ US 82 - I-65 connector and/or AL $3,000,000.00 5 improvements in Bibb County. 2811. California............. Undertake Cordelia Hill/Sky $2,000,000.00 Valley transportation enhancement project including upgrade of pedestrian and bicycle corridors, Solano County. 2812. Michigan............... White Lake, Pave Cooley Lake Rd. $500,000.00 between Hix and Newburgh Roads. 2813. Massachusetts.......... Construct Quinebaug River Rail $1,000,000.00 Trail. 2814. Texas.................. Widen Spur 298 to a six-lane $4,000,000.00 urban roadway, McLennan County. 2815. New Mexico............. Construct the NM524 South truck $7,000,000.00 bypass in Carlsbad. 2816. Michigan............... Pave Braves Avenue to connect $370,000.00 the high school and grade school for safe bus route, Gladstone. 2817. Michigan............... Study the development and $1,000,000.00 construction of a new interchange at Sternberg Road and I-96. 2818. Georgia................ Truck bypass - I - 75 at $500,000.00 Oakridge Road, Tift County. 2819. Texas.................. Construction of Segment #1 of $2,000,000.00 Morrison Road for the City of Brownsville. 2820. Florida................ I-275 Roosevelt Blvd. Connector, $10,000,000.00 Pinellas County. 2821. Mississippi............ Upgrade Dog Pen Road and Galilee $1,490,000.00 Road in Holmes County, and roads in Cruger, Pickens, and Goodman. 2822. California............. I-5/SR-56 connector construction $4,000,000.00 from westbound SR-56 to north bound I-5, and from southbound I-5 to eastbound SR-56. 2823. Connecticut............ Construct Enfield high-speed $2,300,000.00 rail crossing to bike and pedestrian trails. 2824. Minnesota.............. Aerial Lift Bridge preservation $3,040,000.00 and improvements. 2825. American Samoa......... Drainage mitigation for Pago $1,000,000.00 Pago village roads. 2826. California............. Install new crossing under the $2,000,000.00 BNSF railroad at Ranchero Road in Hesperia. 2827. Pennsylvania........... Construct 9th and 10th Street $7,000,000.00 bridges over Norfolk Southern Tracks, Lebanon. 2828. Pennsylvania........... Relocate New Salem Road to $2,000,000.00 create a four lane connection from SR 21 and Matthew Drive to US 40. 2829. Arkansas............... Improvement of Dallas County $500,000.00 Roads 101, 124, 209, and 113. 2830. Pennsylvania........... Improve Route 6 from Mansfield $1,000,000.00 Borough to the Village of Mainesburg. 2831. Washington............. Three Bridge Corridor (Skagit $5,000,000.00 River) Extension Project, Skagit County. 2832. California............. Add interchange to I-15 and $1,500,000.00 improve connecting roads in Victorville, CA. 2833. Colorado............... Build Powers/Woodmen Interchange $8,000,000.00 to a grade separated interchange. 2834. Texas.................. Preston Road will connect air & $1,000,000.00 seaport facilities via Ellington Air Field and several Houston Ship Channel industry locations. 2835. Texas.................. Union Pacific Railroad Bridge $3,000,000.00 Expansion Over U.S. 287. 2836. Washington............. Modernize and study interchange $300,000.00 at I-5 and SR503. 2837. Kansas................. Widening of US 69 from Pittsburg $5,000,000.00 to Baxter Springs, KS. 2838. Georgia................ Flint River Bridge; right of way $1,000,000.00 acquisition, construction, Albany. ---------------------------------------------------------------------------------------------------------------- [[Page 6151]] Subtitle H--Miscellaneous Provisions SEC. 1801. BUDGET JUSTIFICATION. The Department of Transportation and each agency therein shall submit to the Committee on Transportation and Infrastructure of the House of Representatives a budget justification concurrently with the President's annual budget submission to Congress under section 1105(a) of title 31, United States Code. SEC. 1802. MOTORIST INFORMATION. Section 124 of of title I of division F of the Consolidated Appropriations Act, 2004 (118 Stat. 296-297) is repealed. SEC. 1803. MOTORIST INFORMATION CONCERNING FULL SERVICE RESTAURANTS. Not later than 180 days after the date of enactment of this Act, the Secretary shall initate a rulemaking to determine whether or not-- (1) full service restaurants should be given priority on not more than 2 panels of the camping or attractions logo specific service signs in the Manual on Uniform Traffic Control Devices of the Department of Transportation when the food logo specific service sign is fully utilized; and (2) full service restaurants should be given priority on not more than two panels of the food logo specific service signs in such Manual when the camping or attractions logo specific service signs are fully utilized. SEC. 1804. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM. Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended-- (1) by adding at the end the following: ``(46) Interstate Route 710 between the terminus at Long Beach, California, to California State Route 60. ``(47) Interstate Route 87 from the Quebec border to New York City. ``(48) The Route 50 High Plains Corridor along the United States Route 50 corridor from Newton, Kansas, to Pueblo, Colorado. ``(49) The Atlantic Commerce Corridor on Interstate Route 95 from Jacksonville, Florida, to Miami, Florida. ``(50) The East-West Corridor commencing in Watertown, New York, continuing northeast through New York, Vermont, New Hampshire, and Maine, and terminating in Calais, Maine. ``(51) The SPIRIT Corridor on United States Route 54 from El Paso, Texas, through New Mexico, Texas, and Oklahoma to Wichita, Kansas. ``(52) The route in Arkansas running south and parallel to United States Route 226 from the relocation of United States Route 67 to the vicinity of United States Route 49 and United States Route 63.''; and (2) by aligning paragraph (45) with paragraph (46). SEC. 1805. ADDITIONS TO APPALACHIAN REGION. (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States Code, is amended-- (1) by inserting ``Nicholas,'' after ``Morgan,''; and (2) by inserting ``Robertson,'' after ``Pulaski,''. (b) Ohio.--Section 14102(a)(1)(H) of such title is amended-- (1) by inserting ``Ashtabula,'' after ``Adams,''; (2) by inserting ``Fayette,'' after ``Coshocton,''; (3) by inserting ``Mahoning,'' after ``Lawrence,''; and (4) by inserting ``Trumbull,'' after ``Scioto,''. (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended-- (1) by inserting ``Giles,'' after ``Franklin,''; and (2) by inserting ``Lawrence, Lewis, Lincoln,'' after ``Knox,''. (d) Virginia.--Section 14102(a)(1)(L) of such title is amended-- (1) by inserting ``Henry,'' after ``Grayson,''; and (2) by inserting ``Patrick,'' after ``Montgomery,''. SEC. 1806. TRANSPORTATION ASSETS AND NEEDS OF DELTA REGION. (a) Agreement.--Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the Delta Regional Authority (referred to in this section as the ``DRA'') to conduct a comprehensive study of transportation assets and needs for all modes of transportation (including passenger and freight transportation) in the 8 States comprising the Delta region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri and Tennessee). (b) Consultation.--Under the agreement, the DRA, in conducting the study, shall consult with the Department of Transportation, State transportation departments, local planning and development districts, local and regional governments, and metropolitan planning organizations. (c) Report.--Under the agreement, the DRA, not later than 24 months after the date of entry into the agreement, shall submit to the Secretary and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a final report on the results of the study, together with such recommendation as the DRA considers appropriate. (d) Plan.--Under the agreement, the DRA, upon completion of the report, shall establish a regional strategic plan to implement the recommendations of the report. (e) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account), $500,000 for each of the fiscal years 2005 and 2006 to carry out this section. (2) Contract authority.--Funds authorized by this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended and shall not be transferable. SEC. 1807. TOLL FACILITIES WORKPLACE SAFETY STUDY. (a) In General.--The Secretary shall conduct a study on the safety of highway toll collection facilities, including toll booths, to determine the safety of the facilities for the toll collectors who work in and around the facilities, including consideration of-- (1) the effect of design or construction of the facilities on the likelihood of vehicle collisions with the facilities; (2) the safety of crosswalks used by toll collectors in transit to and from toll booths; (3) the extent of the enforcement of speed limits in the vicinity of the facilities; (4) the use of warning devices, such as vibration and rumble strips, to alert drivers approaching the facilities; (5) the use of cameras to record traffic violations in the vicinity of the facilities; (6) the use of traffic control arms in the vicinity of the facilities; (7) law enforcement practices and jurisdictional issues that affect safety in the vicinity of the facilities; and (8) the incidence of accidents and injuries in the vicinity of toll booths. (b) Data Collection.--As part of the study, the Secretary shall collect data regarding the incidence of accidents and injuries in the vicinity of highway toll collection facilities. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study, together with recommendations for improving toll facilities workplace safety. (d) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $500,000 for fiscal year 2005. (2) Contract authority.--Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code; expect that the Federal share of the cost of the project shall be 100 percent, and such funds shall remain available until expended and shall not be transferable. SEC. 1808. PAVEMENT MARKING SYSTEMS DEMONSTRATION PROJECTS. (a) In General.--The Secretary shall conduct a demonstration project in the State of Alaska, and a demonstration project in the State of Tennessee, to study the safety impacts, environmental impacts, and cost effectiveness of different pavement marking systems and the effect of State bidding and procurement processes on the quality of pavement marking material employed in highway projects. The demonstration projects shall each include an evaluation of the impacts and effectiveness of increasing the width of pavement marking edge lines from 4 inches to 6 inches. (b) Report.--Not later than June 30, 2009, the Secretary shall transmit to Congress a report on the results of the demonstration projects, together with findings and recommendations on methods that will optimize the cost- benefit ratio of the use of Federal funds on pavement marking. (c) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $1,000,000 per fiscal year for each of the fiscal years 2005 through 2009. (2) Contract authority.-- Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code; expect that the Federal share of the cost of the demonstration projects shall be 100 percent, and such funds shall remain available until expended and shall not be transferable. SEC. 1809. WORK ZONE SAFETY GRANTS. (a) In General.--The Secretary shall establish and implement a work zone safety grant program under which the Secretary may make grants to nonprofit organizations to provide training to prevent or reduce highway work zone injuries and fatalities. (b) Eligible Activities.--Grants may be made under the program for the following purposes: (1) Training for construction craft workers on the prevention of injuries and fatalities in highway and road construction. (2) Development of guidelines for the prevention of highway work zone injuries and fatalities. (3) Training for State and local government transportation agencies and other groups implementing guidelines for the prevention of highway work zone injuries and fatalities. (c) Funding.-- (1) In general.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out [[Page 6152]] this section $5,000,000 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 chapter 1 of title 23, United States Code; except that such funds shall not be transferable. (d) Construction Work in Alaska.--Section 114 of title 23, United States Code, is amended by adding at the end the following: ``(c) Construction Work in Alaska.-- ``(1) In general.--The Secretary shall ensure that a worker who is employed on a remote project for the construction of a highway or portion of a highway located on a Federal-aid system in the State of Alaska and who is not a domiciled resident of the locality shall receive meals and lodging. ``(2) Lodging.--The lodging under paragraph (1) shall be in accordance with section 1910.142 of title 29, Code of Federal Regulations (relating to temporary labor camp requirements). ``(3) Definitions.--In this subsection, the following definitions apply: ``(A) Remote.--The term `remote', as used with respect to a project, means that the project is 75 miles or more from the United States Post Office in either Fairbanks, Anchorage, Juno, or Ketchikan, Alaska, or is inaccessible by road in a 2-wheel drive vehicle. ``(B) Resident.--The term `resident', as used with respect to a project, means a person living within 75 miles of the midpoint of the project for at least 12 months.''. SEC. 1810. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING. (a) Grants.--Subject to the requirements of this section, the Secretary shall make grants to a State that-- (1)(A) has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways; and (B) is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway in the State regarding the race and ethnicity of the driver and any passengers; or (2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1). (b) Eligible Activities.--A grant received by a State under subsection (a) shall be used by the State-- (1) in the case of a State eligible under subsection (a)(1), for costs of-- (A) collecting and maintaining of data on traffic stops; (B) evaluating the results of the data; and (C) developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers; and (2) in the case of a State eligible under subsection (a)(2), for costs of-- (A) activities to comply with the requirements of subsection (a)(1); and (B) any eligible activity under paragraph (1). (c) Racial Profiling.--To meet the requirement of subsection (a)(1), a State law shall prohibit, in the enforcement of State laws regulating the use of Federal-aid highways, a State or local law enforcement officer from using the race or ethnicity of the driver or passengers to any degree in making routine or spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways. Nothing in this subsection shall alter the manner in which a State or local law enforcement officer considers race or ethnicity whenever there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. (d) Limitations.-- (1) Maximum amount of grants.--The total amount of grants received by a State under this section in a fiscal year may not exceed 5 percent of the amount made available to carry out this section in the fiscal year. (2) Eligibility.--A State may not receive a grant under subsection (a)(2) in more than 2 fiscal years. (e) Authorization of Appropriations.-- (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 $10,000,000 for each of fiscal years 2004 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 chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 100 percent, and such funds shall remain available until expended and shall not be transferable. SEC. 1811. AMERICA'S BYWAYS RESOURCE CENTER. (a) In General.--The Secretary shall allocate funds made available to carry out this section to the America's Byways Resource Center established pursuant to section 1215(b)(1) of the Transportation Equity Act for the 21st Century (112 Stat. 209). (b) Technical Support and Education.-- (1) Use of funds.--The Center shall use funds allocated to the Center under this section to continue to provide technical support and conduct educational activities for the national scenic byways program established under section 162 of title 23, United States Code. (2) Eligible activities.--Technical support and educational activities carried out under this subsection shall provide local officials and organizations associated with National Scenic Byways and All-American Roads with proactive, technical, and on-site customized assistance, including training, communications (including a public awareness series), publications, conferences, on-site meetings, and other assistance considered appropriate to develop and sustain such byways and roads. (c) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $3,500,000 for each of fiscal years 2004 through 2009. (d) Applicability of Title 23.--Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project or activity carried out under this subsection shall be 100 percent and such funds shall remain available until expended and shall not be transferable. SEC. 1812. TECHNICAL ADJUSTMENT. (a) In General.--The donee of the vessel with the Unit Identification Code number 13862 is deemed to be the owner of that vessel free and clear as of September 1, 2000. (b) Federal Claims.--All Federal claims arising from the donation or use of the vessel described in subsection (a) are permanently extinguished. SEC. 1813. ROAD USER CHARGE EVALUATION PILOT PROJECT. (a) In General.--The Secretary shall carry out a national evaluation pilot project to assess how intelligent transportation system technology can be applied to assess mileage-based road user charges for the purposes of collecting revenues for the Highway Trust Fund. (b) Matters to Be Evaluated.--The following matters shall be evaluated under the pilot project: (1) Technical feasibility of imposing mileage-based road user charges, including cost, reliability, and security of on-board and intelligent transportation systems. (2) Compatibility of technology for imposing such charges with automobile and truck design. (3) Design and testing of a collection system for such charges that is secure, low cost, and easy to use. (4) Methods of ensuring privacy of road users and assessing public attitudes and views of motorists who participate in field tests of the equipment and system. (c) Reports.-- The Secretary shall transmit annual reports on the status of the pilot project and, not later than June 30, 2009, a final report on the results of the pilot project, together with findings and recommendations, to the Secretary of the Treasury, the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives, and the Committee on Environment and Public Works and the Committee on Finance of the Senate. (d) Authorization of Appropriation.-- (1) In general.--There is authorize from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,000,000 for each of fiscal years 2005 and 2006 and $3,500,000 for each of fiscal years 2007, 2008, and 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 chapter 1 of title 23, United States Code; except the Federal share of the cost of the pilot project shall be 100 percent, and such funds shall remain available until expended and shall not be transferable. SEC. 1814. SENSE OF CONGRESS. In honor of his service to the Commonwealth of Massachusetts and the United States of America, and in recognition of his contributions toward the construction of Central Artery Tunnel project in Boston, it is the sense of the Congress that the northbound and southbound tunnel of Interstate Route 93, located in the city of Boston, which extends north of the intersection of Interstate Route 90 and Interstate Route 93 to the Leonard P. Zakim Bunker Hill Bridge, should be designated and known as the ``Thomas P. `Tip' O'Neill, Jr. Tunnel''. SEC. 1815. CONFORMING AMENDMENT FOR TRANSPORTATION PLANNING SECTIONS. (a) Metropolitan Planning.--Section 134 of title 23, United States Code is amended to read as follows: ``Sec. 134. Metropolitan planning ``Metropolitan transportation planning programs funded under section 104(f) shall be carried out in accordance with the metropolitan planning provisions of chapter 52, title 49, United States Code.''. (b) Statewide Planning.--Section 135 of such title is amended to read as follows: ``Sec. 135. Statewide planning. ``Statewide transportation planning programs funded under section 104(f) shall be carried out in accordance with the statewide planning provisions of chapter 52, title 49, United States Code.''. SEC. 1816. DISTRIBUTION OF METROPOLITAN PLANNING FUNDS WITHIN STATES. Section 104(f)(4) of title 23, United States Code, is amended by adding at the end the following: ``Such distribution of funds to metropolitan planning organizations shall be made within 30 days of the date of receipt of such funds from the Secretary.''. [[Page 6153]] SEC. 1817. TREATMENT OF OFF RAMP. The Harbor Boulevard off ramp from Interstate Route 405 in Costa Mesa, California, is deemed to satisfy the requirements of title 23, United States Code, that govern the approval of the placement of ramps off of a Federal-aid highway. SEC. 1818. LOAN FORGIVENESS. The right-away revolving fund loan issued for the rail project that extends from Humbolt County to the San Francisco Bay Area and secured by the State of California and that was initiated in 2001 is deemed satisfied. TITLE II--HIGHWAY SAFETY 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) Highway safety programs.--For carrying out section 402 of title 23, United States Code, $165,000,000 for fiscal year 2004, $201,000,000 for fiscal year 2005, $202,000,000 for fiscal year 2006, $205,000,000 for fiscal year 2007, $209,000,000 for fiscal year 2008, and $212,000,000 for fiscal year 2009. (2) Highway safety research and development.--For carrying out section 403 of title 23, United States Code, $72,000,000 for fiscal year 2004 and $73,000,000 for each of fiscal years 2005 through 2009. (3) Occupant protection incentive grants.--For carrying out section 405 of title 23, United States Code, $20,000,000 for fiscal year 2004, $117,000,000 for fiscal year 2005, $120,000,000 for fiscal year 2006, $123,000,000 for fiscal year 2007, $125,000,000 for fiscal year 2008, and $130,000,000 for fiscal year 2009. (4) Alcohol-impaired driving countermeasures incentive grant program.--For carrying out section 410 of title 23, United States Code, $40,000,000 for fiscal year 2004, $111,000,000 for fiscal year 2005, $114,000,000 for fiscal year 2006, $117,000,000 for fiscal year 2007, $121,000,000 for fiscal year 2008, and $125,000,000 for fiscal year 2009. (5) State traffic safety information improvements.--For carrying out section 412 of title 23, United States Code, $24,000,000 for fiscal year 2005, $28,000,000 for fiscal year 2006, $32,000,000 for fiscal year 2007, $36,000,000 for fiscal year 2008, and $39,000,000 for fiscal year 2009. (6) National driver register.--For carrying out chapter 303 of title 49, United States Code, by the National Highway Traffic Safety Administration, $4,000,000 for each of fiscal years 2004 through 2009. (7) High visibility enforcement program.--For carrying out section 2005 of this title, $10,000,000 for each of fiscal years 2005 through 2009. (b) Applicability of Title 23.--Except as otherwise provided in chapter 4 of title 23, United States Code, and this title, amounts made available under subsection (a) for each of fiscal years 2004 through 2009 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. (c) Transfers.--In each fiscal year, the Secretary may transfer any amounts remaining available under paragraph (3), (4), or (5) of subsection (a) to the amounts made available under any other of such paragraphs in order to ensure, to the maximum extent possible, that each State receives the maximum incentive funding for which the State is eligible under sections 405, 410, and 412 of title 23, United States Code. SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS. (a) General Authority.--Section 405(a) of title 23, United States Code, is amended-- (1) in paragraph (2) by striking ``Transportation Equity Act for the 21st Century'' and inserting ``Transportation Equity Act: A Legacy for Users''; (2) in paragraph (3) by striking ``1997'' and inserting ``2003''; and (3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting after ``years'' the following: ``beginning after September 30, 2003,''. (b) Grant Eligibility.--Section 405(b) of title 23, United States Code, is amended by striking ``A State shall become eligible'' and inserting the following: ``A State shall be eligible for a grant under this section if the State has a seat belt usage rate of 85 percent or greater as of the date of the grant, as determined by the Secretary. A State shall also become eligible''. (c) Grant Amounts.--Section 405(c) of title 23, United States Code, is amended-- (1) by striking ``25 percent'' and inserting ``100 percent''; and (2) by striking ``1997'' and inserting ``2003''. SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. (a) General Authority.--Section 410(a) of title 23, United States Code, is amended-- (1) in paragraph (2) by striking ``Transportation Equity Act for the 21st Century'' and inserting ``Transportation Equity Act: A Legacy for Users''; (2) in paragraph (3) by striking ``1997'' and inserting ``2003''; and (3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting after ``years'' the following: ``beginning after September 30, 2003,''. (b) Basic Grant A.--Section 410(b)(1) of title 23, United States Code, is amended-- (1) by striking ``A State shall become eligible'' and inserting the following: ``A State shall be eligible for a grant under this paragraph if the State has an alcohol- related fatality rate per 100,000,000 vehicle miles traveled of 0.5 or less as of the date of the grant, as determined by the Secretary using the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration. A State shall also become eligible''; (2) by striking ``at least 5 of'' and inserting ``at least 6 of''; (3) in subparagraph (A)-- (A) by striking ``and'' at the end of clause (i)(II); (B) by striking the period at the end of clause (ii) and inserting a semicolon; and (C) by adding at the end the following: ``(iii) the suspension referred to under clause (i)(I) may allow an individual to operate a motor vehicle, after the 15- day period beginning on the date of the suspension, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual; and ``(iv) the suspension and revocation referred to under clause (i)(II) may allow an individual to operate a motor vehicle, after the 45-day period beginning on the date of the suspension or revocation, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual.''; (4) in subparagraph (B)-- (A) by striking ``may include the issuance'' and inserting the following: ``may include-- ``(i) the issuance''; and (B) by striking the period at the end and inserting ``; and'' and the following: ``(ii) a program provided by a nonprofit organization for training point of sale personnel concerning, at a minimum, the following: ``(I) the clinical effects of alcohol; ``(II) methods of preventing second party sales of alcohol; ``(III) recognizing signs of intoxication; ``(IV) methods to prevent underage drinking; ``(V) Federal, State, and local laws that are relevant to such personnel.''; (5) by striking subparagraph (F) and inserting the following: ``(F) Outreach program.--A judicial and prosecutorial education, training, and outreach program that provides information on the appropriateness and effectiveness of sentencing options.''; and (6) by adding at the end the following: ``(H) Self-sustaining drunk driving prevention program.--A self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined for operating a motor vehicle while under the influence of alcohol are returned to those communities that have comprehensive programs for the prevention of such operations of motor vehicles. ``(I) Programs for effective alcohol rehabilitation.--A program for effective inpatient and outpatient alcohol rehabilitation based on mandatory assessment and appropriate treatment for repeat offenders described in subparagraph (A)(i)(II).''. (c) Basic Grant B.--Section 410(b) of title 23, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Basic grant b.--A State shall become eligible for a grant under this paragraph if the State-- ``(A) has an alcohol-related fatality rate per 100,000,000 vehicle miles traveled of 0.8 or more as of the date of the grant, as determined by the Secretary using the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration; and ``(B) establishes, subject to such requirements as the Secretary may prescribe, a task force to evaluate and recommend changes to the State's drunk driving programs.''; and (2) in paragraph (3)-- (A) by striking ``25 percent'' and inserting ``100 percent''; and (B) by striking ``1997'' and inserting ``2003''. (d) Supplemental Grants.--Section 410(c) of title 23, United States Code, is amended to read as follows: ``(c) Allocation for Basic Grants B.--Not more than $16,000,000 per fiscal year of amounts made available to carry out this section shall be available for making grants under subsection (b)(2).''. SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS. (a) In General.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 412. State traffic safety information system improvements ``(a) General Authority.-- ``(1) Authority to make grants.--Subject to the requirements of this section, the Secretary shall make grants to States that adopt and implement effective programs to-- ``(A) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data of the State that is needed to identify priorities for national, State, and local highway and traffic safety programs; ``(B) evaluate the effectiveness of efforts to make such improvements; ``(C) link these State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data; and ``(D) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States and enhance the ability of the Secretary to observe and analyze national trends in crash [[Page 6154]] occurrences, rates, outcomes, and circumstances. ``(2) Use of grants.--A State may use a grant received under this section only to implement such programs. ``(3) Model data elements.--The Secretary, in consultation with States and other appropriate parties, shall determine the model data elements necessary to observe and analyze State and national trends in crash occurrences, rates, outcomes, and circumstances. In order to become eligible for a grant under this section, a State shall certify to the Secretary the State's adoption and use of such model data elements. ``(4) Maintenance of effort.--No grant may be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require ensuring that the State will maintain its aggregate expenditures from all other sources for highway safety data programs at or above the average level of such expenditures in the 2 fiscal years preceding the date of enactment of this section. ``(5) Federal share.--The Federal share of the cost of implementing in a fiscal year a program of a State pursuant to paragraph (1) shall not exceed 80 percent. ``(b) First-Year Grants.--To be eligible for a first-year grant under this section, a State shall demonstrate to the satisfaction of the Secretary that the State has-- ``(1) established a highway safety data and traffic records coordinating committee with a multidisciplinary membership that includes, among others, managers, collectors, and users of traffic records and public health and injury control data systems; and ``(2) developed a multiyear highway safety data and traffic records system strategic plan that addresses existing deficiencies in the State's highway safety data and traffic records system and is approved by the highway safety data and traffic records coordinating committee and-- ``(A) specifies how existing deficiencies in the State's highway safety data and traffic records system were identified; ``(B) prioritizes, based on the identified highway safety data and traffic records system deficiencies, the highway safety data and traffic records system needs and goals of the State, including the activities described in subsection (a)(1); ``(C) identifies performance-based measures by which progress toward those goals will be determined; ``(D) specifies how the grant funds and any other funds of the State will be used to address needs and goals identified in the multiyear plan; and ``(E) includes a current report on the progress in implementing the multiyear plan that documents progress toward the specified goals. ``(c) Succeeding-Year Grants.-- ``(1) Eligibility.--A State shall be eligible for a grant under this section in a fiscal year succeeding the first fiscal year in which the State receives a grant under subsection (b) if the State, to the satisfaction of the Secretary-- ``(A) submits an updated multiyear plan that meets the requirements of subsection (b)(2); ``(B) certifies that its highway safety data and traffic records coordinating committee continues to operate and supports the multiyear plan; ``(C) specifies how the grant funds and any other funds of the State will be used to address needs and goals identified in the multiyear plan; ``(D) demonstrates measurable progress toward achieving the goals and objectives identified in the multiyear plan; and ``(E) includes a current report on the progress in implementing the multiyear plan. ``(d) Grant Amounts.-- ``(1) In general.--The amount of a grant made to a State for a fiscal year under this section shall equal an amount determined by multiplying-- ``(A) the amount appropriated to carry out this section for such fiscal year; by ``(B) the ratio that the funds apportioned to the State under section 402 for fiscal year 2003 bears to the funds apportioned to all States under section 402 for fiscal year 2003. ``(2) Minimum amount.--Notwithstanding subparagraph (A)-- ``(A) a State eligible for a first-year grant under this section shall not receive less than $300,000; and ``(B) a State eligible for a succeeding-year grant under this section shall not receive less than $500,000. ``(e) Administrative Expenses.--Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section. ``(f) Applicability of Chapter 1.--The provisions contained in section 402(d) shall apply to this section.''. (b) Conforming Amendment.--The analysis for chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``412. State traffic safety information system improvements.''. SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM. The Secretary shall establish a program to support national impaired driving mobilization and enforcement efforts and national safety belt mobilization and enforcement, including the purchase of national paid advertisement (including production and placement) to support such efforts. SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY. (a) In General.--Using funds made available to carry out section 403 of title 23, United States Code, the Secretary shall conduct a study of the causes of motorcycle crashes. (b) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. SEC. 2007. CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS. (a) General Authority.--Subject to the requirements of this section, the Secretary shall make grants to States that enact or have enacted and are enforcing a law requiring that children riding in passenger motor vehicles who are too large to be secured in a child safety seat be secured in a child restraint that meets the requirements prescribed by the Secretary under section 3 of Anton's Law (116 Stat. 2772). (b) Maintenance of Effort.--No grant may be made to a State under this section in a fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for child safety seat and child booster seat programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this Act. (c) Federal Share.--The Federal share of the cost of implementing and enforcing in a fiscal year a law adopted by a State under subsection (a) shall not exceed-- (1) for the first 3 fiscal years for which a State receives a grant under this section, 75 percent; and (2) for the fourth and fifth fiscal years for which a State receives a grant under this section, 50 percent. (d) Grant Eligibility.-- (1) In general.--A State is eligible for a grant under this section if the State has in effect and enforces a law described in subsection (a). (2) Maximum period of eligibility.--No State may receive grants under this section in more than 5 fiscal years beginning after September 30, 2004. (e) Eligible Uses of Funds.--A State may use a grant under this section only to carry out child safety seat and child booster seat programs, including the following: (1) A program to educate the public concerning the proper use and installation of child safety seats and child booster seats. (2) A program to train child passenger safety professionals, police officers, fire and emergency medical personnel, and educators concerning all aspects of the use of child safety seats and booster seats. (3) A program to purchase and distribute child safety seats, child booster seats, and other appropriate passenger motor vehicle child restraints to families that cannot otherwise afford such seats or restraints. (4) A program to support enforcement of child restraint laws. (f) Grant Amount.--The amount of a grant to a State for a fiscal year under this section may not exceed 25 percent of the amount apportioned to the State for fiscal year 2003 under section 402 of title 23, United States Code. (g) Administrative Expenses.--Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 2.5 percent for the necessary costs of administering the provisions of this section. (h) Applicability of Chapter 1.--The provisions contained in section 402(d) of title 23, United States Code, apply to this section. (i) Report.--Each State to which a grant is made under this section shall transmit to the Secretary a report documenting the manner in which grant amounts were obligated and expended and identifying the specific programs carried out with or supported by grant funds. The report shall be in a form prescribed by the Secretary and may be combined with other State grant reporting requirements under of chapter 4 of title 23, United States Code. (j) Definitions.--In this section, the following definitions apply: (1) Child restraint.--The term ``child restraint'' means any product designed to provide restraint to a child (including booster seats and other products used with a lap and shoulder belt assembly) that meets applicable Federal motor vehicle safety standards prescribed by the National Highway Traffic Safety Administration. (2) Child safety seat.--The term ``child safety seat'' has the meaning such term has in section 405(f) of title 23, United States Code. (3) Passenger motor vehicle.--The term ``passenger motor vehicle'' has the meaning such term has in such section 405(f). (4) State.--The term ``State'' has the meaning such term has in section 101 (a) of such title. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section from the Highway Trust Fund (other than the Mass Transit Account) $5,000,000 for each of fiscal years 2005 through 2009. SEC. 2008. SAFETY DATA. (a) In General.--Using funds made available to carry out section 403 of title 23, United States Code, for fiscal years 2005 through 2009, the Secretary shall collect data and compile statistics on accidents involving motor vehicles being backed up that result in fatalities and injuries and that occur on public and nonpublic roads and residential and commercial driveways and parking facilities. (b) Report.--Not later than January 1, 2009, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House [[Page 6155]] of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on accidents described in subsection (a), including the data collected and statistics compiled under subsection (a) and any recommendations regarding measures to be taken to reduce the number of such accidents and the resulting fatalities and injuries. SEC. 2009. MOTORCYCLIST SAFETY. (a) Motorcyclist Advisory Council.-- (1) In general.--The Secretary, acting through the Administrator of the Federal Highway Administration, in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, shall appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including-- (A) barrier design; (B) road design, construction, and maintenance practices; and (C) the architecture and implementation of intelligent transportation system technologies. (2) Composition.--The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including-- (A) at least-- (i) 1 member recommended by a national motorcyclist association; (ii) 1 member recommended by a national motorcycle riders foundation; (iii) 1 representative of the National Association of State Motorcycle Safety Administrators; (iv) 2 members of State motorcyclists' organizations; (v) 1 member recommended by a national organization that represents the builders of highway infrastructure; (vi) 1 member recommended by a national association that represents the traffic safety systems industry; and (vii) 1 member of a national safety organization; and (B) at least 1, and not more than 2, motorcyclists who are traffic system design engineers or State transportation department officials. (b) Authority to Make Grants.--Subject to the requirements of this section, the Secretary shall make grants to States that adopt and implement effective programs to reduce the number of single- and multi-vehicle crashes involving motorcyclists. (c) Maintenance of Effort.--No grant may be made to a State under this section in a fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all the other sources for motorcyclist safety training programs and motorcyclist awareness programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this Act. (d) Maximum Period of Eligibility.--No State may receive grants under this section in more than 5 fiscal years beginning after September 30, 2004. (e) Federal Share.--The Federal share of the cost of implementing and enforcing, as appropriate, in a fiscal year a program adopted by a State in accordance with subsection (a) shall not exceed-- (1) for the first 3 years for which a State receives a grant under this section, 75 percent; and (2) for the next 2 years for which a State receives a grant under this section, 50 percent. (f) Grant Eligibility.-- (1) In general.--A State becomes eligible for a grant under this section by adopting or demonstrating to the satisfaction of the Secretary-- (A) for the first fiscal year for which the State will receive a grant under this section, at least 1 of the 6 criteria listed in paragraph (2); (B) for the second, third, and fourth fiscal years for which the State will receive a grant under this section, at least 2 of the 6 criteria listed in paragraph (2); and (C) for any subsequent fiscal years for which the State will receive a grant under this section, at least 3 of the 6 criteria listed in paragraph (2). (2) Criteria.--The criteria for eligibility for a grant under this section are the following: (A) Motorcycle rider training courses.--An effective motorcycle rider training course that is offered throughout the State, provides a formal program of instruction in accident avoidance and other safety-oriented operational skills to motorcyclists, and may include innovative training opportunities to meet unique regional needs. (B) Motorcyclists awareness program.--An effective statewide program to enhance motorist awareness of the presence of motorcyclists on or near roadways and safe driving practices that avoid injuries to motorcyclists. (C) Reduction of fatalities and crashes involving motorcycles.--A reduction for the preceding calendar year in the number of motorcycle fatalities and the rate of motor vehicle crashes involving motorcycles in the State (expressed as a function of 10,000 motorcycle registrations). (D) Impaired driving program.--Implementation of a statewide program to reduce impaired driving, including specific measures to reduce impaired motorcycle operation. (E) Reduction of fatalities and accidents involving impaired motorcyclists.--A reduction for the preceding calendar year in the number of fatalities and the rate of reported crashes involving alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle registrations). (F) Fees collected from motorcyclists.--All licensing and registration fees collected by the State from motorcyclist are used for motorcycle safety programs. (g) Eligible Uses.-- (1) In general.--A State may use funds from a grant under this section only for motorcyclist safety training and motorcyclist awareness programs, including-- (A) improvements to motorcyclist safety training curricula; (B) improvements in program delivery of motorcycle training to both urban and rural areas, including-- (i) procurement or repair of practice motorcycles; (ii) instructional materials; (iii) mobile training units; and (iv) leasing or purchase of facilities for classroom instruction and closed-course skill training; (C) measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and (D) public awareness, public service announcements, and other outreach programs to enhance motorcyclist awareness. (2) Suballocations of funds.--An agency that receives a grant under this subsection may suballocate funds from the grant to a nonprofit organization to carry out under this section. (h) Definitions.--In this section, the following definitions apply: (1) Motorcyclist safety training.--The term ``motorcyclist safety training'' means a formal program of instruction that-- (A) provides accident avoidance and other safety-oriented operational skills to motorcyclists; and (B) is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues. (2) Motorcyclist awareness.--The term ``motorcyclist awareness'' means individual or collective awareness of-- (A) the presence of motorcycles on or near roadways; and (B) safe driving practices that avoid injury to motorcyclists. (3) Motorcyclist awareness program.--The term ``motorcyclist awareness program'' means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues. (4) State.--The term ``State'' has the same meaning such term has in section 101(a) of title 23, United States Code. (i) Maximum Grant Amount.--The amount of a grant made to a State for a fiscal year under this section may not exceed 25 percent of the amount apportioned to the State for fiscal year 2003 under section 402 of title 23, United States Code. (j) Administrative Expenses.--Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction by the Secretary not to exceed 5 percent for the necessary costs of administering the provisions of this section. (k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section from the Highway Trust Fund (other than the Mass Transit Account) $5,000,000 for each of fiscal years 2005 through 2009. (l) Applicability of Title 23.--Funds authorized 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 such funds shall not be transferable. SEC. 2010. DRIVER FATIGUE. Section 402(a) of title 23, United States Code, is amended-- (1) by striking ``and'' before ``(6)''; and (2) by inserting before the period the following: ``; and (7) to reduce deaths and injuries resulting from persons driving motor vehicles while fatigued''. TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE. (a) Short Title.--This title may be cited as the ``Federal Public Transportation Act of 2004''. (b) Amendments to Title 49, United States Code.--Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 3002. POLICIES, FINDINGS, AND PURPOSES. (a) In General.--Section 5301(a) is amended to read as follows: ``(a) Development and Revitalization of Public Transportation Systems.--It is in the interest of the United States to foster the development and revitalization of public transportation systems that-- ``(1) maximize the safe, secure, and efficient mobility of individuals; ``(2) minimize environmental impacts; and ``(3) minimize transportation-related fuel consumption and reliance on foreign oil.''. (b) Preserving the Environment.--Section 5301(e) is amended-- (1) by striking ``an urban'' and inserting ``a''; and (2) by striking ``under sections 5309 and 5310 of this title''. [[Page 6156]] (c) General Purposes.--Section 5301(f) is amended-- (1) in paragraph (1)-- (A) by striking ``mass'' the first place it appears and inserting ``public''; and (B) by striking ``public and private mass transportation companies'' and inserting ``both public transportation companies and private companies engaged in public transportation''; (2) in paragraph (2)-- (A) by striking ``urban mass'' and inserting ``public''; and (B) by striking ``public and private mass transportation companies'' and inserting ``both public transportation companies and private companies engaged in public transportation''; (3) in paragraph (3)-- (A) by striking ``urban mass'' and inserting ``public''; and (B) by striking ``public or private mass transportation companies'' and inserting ``public transportation companies or private companies engaged in public transportation''; and (4) in paragraph (5) by striking ``urban mass'' and inserting ``public''. SEC. 3003. DEFINITIONS. (a) Lead-in.--Section 5302(a) is amended in the matter preceding paragraph (1) by striking ``In this chapter'' and inserting ``Except as otherwise specifically provided, in this chapter''. (b) Capital Project.--Section 5302(a)(1) is amended-- (1) in subparagraph (G) by inserting ``construction, renovation, and improvement of intercity bus stations and terminals,'' before ``and the renovation and improvement of historic transportation facilities,''; (2) in subparagraph (G)(ii) by inserting ``(other than an intercity bus station or terminal)'' after ``commercial revenue-producing facility''; (3) by striking ``or'' at the end of subparagraph (H); (4) by striking the period at the end of subparagraph (I) and inserting a semicolon; and (5) by adding at the end the following: ``(J) crime prevention and security-- ``(i) including-- ``(I) projects to refine and develop security and emergency response plans; ``(II) projects aimed at detecting chemical and biological agents in public transportation; ``(III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and ``(IV) security training for public transportation employees; but ``(ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in subclauses (III) and (IV); ``(K) establishment of a debt service reserve made up of deposits with a bondholders' trustee in a noninterest bearing account for the purpose of ensuring timely payment of principal and interest on bonds issued by a grant recipient for purposes of financing an eligible project under this chapter; or ``(L) mobility management-- ``(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but ``(ii) excluding operating public transportation services.''. (c) Individual With a Disability.--Section 5302(a)(5) is amended-- (1) by striking ``Handicapped individual'' in the heading and inserting ``Individual with a disability''; and (2) by striking ``handicapped individual'' and inserting ``individual with a disability''. (d) Mass Transportation.--Section 5302(a)(7) is amended to read as follows: ``(7) Mass transportation.--The term `mass transportation' means public transportation.''. (e) Public Transportation.--Section 5302(a)(10) is amended to read as follows: ``(10) Public transportation.--The term `public transportation' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or sightseeing transportation.''. (f) Urbanized Area.--Section 5302(a)(17) is amended to read as follows: ``(17) Urbanized area.--The term `urbanized area' means an area encompassing a population of at least 50,000 people that has been defined and designated in the latest decennial census as an urbanized area by the Secretary of Commerce.''. (g) Authority to Modify Definition.--Section 5302(b) is amended-- (1) by striking ``Handicapped Individual'' in the heading and inserting ``Individual With a Disability''; and (2) by striking ``handicapped individual'' and inserting ``individual with a disability''. SEC. 3004. METROPOLITAN PLANNING. Section 5303 is amended to read as follows: ``Sec. 5303. Metropolitan planning ``(a) In General.--Grants made under sections 5307, 5308, 5309, 5310, 5311, 5316, and 5317 shall be carried out in accordance with the metropolitan planning provisions of chapter 52. ``(b) Certification.-- ``(1) In general.--The Secretary shall ensure and certify that each metropolitan planning organization in each transportation management area is carrying out its responsibilities under applicable laws of the United States. The Secretary may make the certification only if the organization is complying with chapter 52 and other applicable requirements of laws of the United States and the organization and chief executive officer have approved a transportation improvement program for the area. ``(2) Limitation on withholding certification.--The Secretary may not withhold certification based on the policies and criteria a metropolitan planning organization or mass transportation grant recipient establishes under section 5306(a) for deciding the feasibility of private enterprise participation.''. SEC. 3005. STATEWIDE PLANNING. (a) In General.--Section 5304 is amended to read as follows: ``Sec. 5304. Statewide planning ``Grants made under sections 5307, 5308, 5309, 5310, 5311, 5316, and 5317 shall be carried out in accordance with the statewide planning provisions of chapter 52.''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5304 and inserting the following: ``5304. Statewide planning.''. SEC. 3006. PLANNING PROGRAMS. (a) In General.--Section 5305 is amended to read as follows: ``Sec. 5305. Planning programs ``(a) State Defined.--In this section the term `State' means a State of the United States, the District of Columbia, and Puerto Rico. ``(b) General Authority.-- ``(1) Assistance.--Under criteria to be established by the Secretary, the Secretary may provide assistance for-- ``(A) the development of transportation plans and programs; ``(B) planning, engineering, designing, and evaluating a public transportation project; and ``(C) for other technical studies. ``(2) Grants, agreements, and contracts.--The Secretary may provide assistance under paragraph (1)-- ``(A) by making grants to States, authorities of States, metropolitan planning organizations, and local governmental authorities; or ``(B) by making agreements with other departments, agencies, and instrumentalities of the Government. ``(3) Eligible activities.--Activities eligible for assistance under paragraph (1) include the following: ``(A) Studies related to management, planning, operations, capital requirements, and economic feasibility. ``(B) Evaluating previously financed projects. ``(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners. ``(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment. ``(c) Purpose.--To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303 and 5304 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts. ``(d) Metropolitan Planning Program.-- ``(1) Apportionment to states.-- ``(A) In general.--The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out sections 5303 and 5306 in the ratio that-- ``(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to ``(ii) the total population of urbanized areas in all States, as shown by that census. ``(B) Minimum apportionment.--Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph. ``(2) Allocation to mpo's.--Amounts apportioned to a State under paragraph (1) shall be made available within 30 days after allocation to metropolitan planning organizations in the State designated under this section under a formula that-- ``(A) considers population of urbanized areas; ``(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section; ``(C) the State develops in cooperation with the metropolitan planning organizations; and ``(D) the Secretary approves. ``(3) Supplemental amounts.-- ``(A) In general.--The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations. ``(B) Formula.--The Secretary shall apportion amounts referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under sections 5303 and 5306 in certain urbanized areas. ``(e) State Planning and Research Program.-- ``(1) Apportionment to states.-- ``(A) In general.--The Secretary shall apportion the amounts made available under subsection (g)(2) among the States for grants and contracts to carry out sections 5303 through 5306, 5312, 5315, and 5322 in the ratio that-- [[Page 6157]] ``(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to ``(ii) the population of urbanized areas in all States, as shown by that census. ``(B) Minimum apportionment.--Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph. ``(2) Supplemental amounts.--A State, as the State considers appropriate, may authorize part of the amount made available under this subsection to be used to supplement amounts made available under subsection (d). ``(f) Government's Share of Costs.--The Government's share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government not to require a State or local match. ``(g) Allocation of Funds.--Of the funds made available by or appropriated to carry out this section under section 5338(c) for fiscal years 2004 through 2009-- ``(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and ``(2) 17.28 percent shall be available to carry out subsection (e). ``(h) Availability of Funds.--Funds apportioned under this section in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned that remain unobligated at the end of that period shall be reapportioned among the States.''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5305 and inserting the following: ``5305. Planning programs.''. SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION. (a) Section Heading.--Section 5306 is amended by striking the section heading and inserting the following: ``Sec. 5306. Private enterprise participation in planning; relationship to other limitations''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5306 and inserting the following: ``5306. Private enterprise participation in planning; relationship to other limitations.''. SEC. 3008. URBANIZED AREA FORMULA GRANTS. (a) Technical Amendments.--Section 5307 is amended-- (1) by striking subsections (h) and (k); and (2) by redesignating subsections (i), (j), (l), (m), and (n) as subsections (h), (i), (j), (k), and (l), respectively. (b) Definitions.--Section 5307(a)(2)(A) is amended-- (1) by striking ``a person'' and inserting ``an entity''; and (2) by striking ``section 5305(a) of this title'' and inserting ``chapter 52''. (c) General Authority.--Section 5307(b) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Grants.--The Secretary may make grants under this section for-- ``(A) capital projects and associated capital maintenance items; ``(B) planning; ``(C) transit enhancements; and ``(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of less than 200,000.''; (2) in the heading to paragraph (2) by striking ``fiscal year 2003 and for the period of october 1, 2003, through april 30, 2004'' and inserting ``fiscal years 2003 through 2005''; (3) in paragraph (2)(A) by striking ``fiscal year 2003'' and all that follows through ``2004'' and inserting ``fiscal years 2003, 2004, and 2005,''; (4) in paragraph (3) by striking ``section 5305(a) of this title'' and inserting ``chapter 52''; and (5) in paragraph (3)(A) by striking ``section 5303 of this title'' and inserting ``chapter 52''. (d) Grant Recipient Requirements.--Section 5307(d)(1) is amended-- (1) in subparagraph (A) by inserting ``, including safety and security aspects of the program'' after ``program''; (2) in subparagraph (H) by striking ``sections 5301(a) and (d), 5303-5306, and 5310(a)-(d) of this title'' and inserting ``subsections (a) and (d) of section 5301 and sections 5303 through 5306''; (3) in subparagraph (I) by striking ``and'' at the end; and (4) by adding at the end the following: ``(K) in the case of a recipient for an urbanized area with a population of at least 200,000-- ``(i) will expend one percent of the amount the recipient receives each fiscal year under this section for projects for transit enhancements, as defined in section 5302(a); and ``(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and''. (e) Government's Share of Costs.--Section 5307(e) is amended to read as follows: ``(e) Government's Share of Costs.-- ``(1) Capital projects.--A grant for a capital project (including associated capital maintenance items) under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts. ``(2) Operating expenses.--A grant for operating expenses under this section may not exceed 50 percent of the net project cost of the project. (3) Remainder.--The remainder of the net project cost shall be provided-- ``(A) in cash from sources other than amounts of the Government or revenues from providing public transportation (excluding revenues derived from the sale of advertising and concessions); ``(B) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; and ``(C) from amounts received under a service agreement with a State or local social service agency or private social service organization.''. (f) Reviews, Audits, and Evaluations.--Section 5307(h)(1)(A) (as redesignated by subsection (a) of this section) is amended by striking ``shall'' and inserting ``may''. (g) Relationship to Other Laws.--Section 5307(l) (as redesignated by subsection (a) of this section) is amended-- (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) by inserting ``This chapter.--'' before ``Sections 5302''; (4) by adding at the end the following: ``(2) Chapter 15 of title 5.--The provision of assistance under this chapter shall not be construed as bringing within the application of chapter 15 of title 5 any nonsupervisory employee of a public transportation system (or any other agency or entity performing related functions) to which such chapter is otherwise inapplicable.''; and (5) by aligning the left margin of paragraph (1) (as so redesignated) with paragraph (2) (as added by paragraph (4) of this subsection). (h) Treatment.--At the end of section 5307, add the following: ``(m) Treatment.--For purposes of this section, the United States Virgin Islands shall be treated as an urbanized area, as defined in section 5302.''. SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM. Section 5308 is amended to read as follows: ``Sec. 5308. Clean fuels formula grant program ``(a) Definitions.--In this section, the following definitions apply: ``(1) Clean fuel bus.--The term `clean fuel bus' means a passenger vehicle used to provide public transportation that-- ``(A) is powered by-- ``(i) compressed natural gas; ``(ii) liquefied natural gas; ``(iii) biodiesel fuels; ``(iv) batteries; ``(v) alcohol-based fuels; ``(vi) hybrid electric; ``(vii) fuel cell; ``(viii) clean diesel, to the extent allowed under this section; or ``(ix) other low or zero emissions technology; and ``(B) the Administrator of the Environmental Protection Agency has certified sufficiently reduces harmful emissions. ``(2) Eligible project.--The term `eligible project'-- ``(A) means a project in a nonattainment or maintenance area described in paragraph (4)(A) for-- ``(i) purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary structure; ``(ii) constructing or leasing clean fuel buses or electrical recharging facilities and related equipment for such buses; or ``(iii) improving existing public transportation facilities to accommodate clean fuel buses; and ``(B) at the discretion of the Secretary, may include a project located in a nonattainment or maintenance area described in paragraph (3)(A) relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology buses that exhibit equivalent or superior emissions reductions to existing clean fuel or hybrid electric technologies. ``(3) Maintenance area.--The term `maintenance area' has the meaning such term has under section 101 of title 23. ``(4) Recipient.-- ``(A) In general.--The term `recipient' means a designated recipient (as defined in section 5307(a)(2)) for an area that, and a recipient for an urbanized area with a population of less than 200,000 that-- ``(i) is designated as a nonattainment area for ozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or ``(ii) is a maintenance area for ozone or carbon monoxide. ``(B) Smaller urbanized areas.--In the case of an urbanized area with a population of less than 200,000, the State in which the area is located shall act as the recipient for the area under this section. ``(b) Authority.--The Secretary shall make grants in accordance with this section to recipients to finance eligible projects. ``(c) Apportionment of Funds.-- ``(1) Formula.--The Secretary shall apportion among recipients amounts made available to carry out this section for a fiscal year. Of such amounts-- ``(A) two-thirds shall be apportioned to recipients serving urbanized areas with a population of at least 1,000,000, of which-- ``(i) 50 percent shall be apportioned so that each such recipient receives a grant under this section in an amount equal to the ratio that-- [[Page 6158]] ``(I) the number of vehicles in the bus fleet of the recipient, weighted by severity of nonattainment for the area served by the recipient; bears to ``(II) the total number of vehicles in the bus fleets of all such recipients, weighted by severity of nonattainment for all areas served by such recipients; and ``(ii) 50 percent shall be apportioned so that each such recipient receives a grant under this section in an amount equal to the ratio that-- ``(I) the number of bus passenger miles (as defined in section 5336(c)) of the recipient, weighted by severity of nonattainment of the area served by the recipient; bears to ``(II) the total number of bus passenger miles (as defined in section 5336(c)) of all such recipients, weighted by severity of nonattainment of all areas served by such recipients; and ``(B) one-third shall be apportioned to recipients serving urbanized areas with a population of less than 1,000,000, of which-- ``(i) 50 percent shall be apportioned so that each such recipient receives a grant under this section in an amount equal to the ratio that-- ``(I) the number of vehicles in the bus fleet of the recipient, weighted by severity of nonattainment for the area served by the recipient; bears to ``(II) the total number of vehicles in the bus fleets of all such recipients, weighted by severity of nonattainment for all areas served by such recipients; and ``(ii) 50 percent shall be apportioned so that each such recipient receives a grant under this section in an amount equal to the ratio that-- ``(I) the number of bus passenger miles (as defined in section 5336(c)) of the recipient, weighted by severity of nonattainment of the area served by the recipient; bears to ``(II) the total number of bus passenger miles (as defined in section 5336(c)) of all such recipients, weighted by severity of nonattainment of all areas served by such recipients. ``(2) Weighting of severity of nonattainment.-- ``(A) In general.--For purposes of paragraph (1), subject to subparagraph (B), the number of buses in the bus fleet, or the number of passenger miles, shall be multiplied by a factor of-- ``(i) 1.0 if, at the time of the apportionment, the area is a maintenance area for ozone or carbon monoxide; ``(ii) 1.1 if, at the time of the apportionment, the area is classified as a marginal ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.); ``(iii) 1.2 if, at the time of the apportionment, the area is classified as-- ``(I) a moderate ozone nonattainment area under subpart 2 of such part; or ``(II) a moderate carbon monoxide nonattainment area under subpart 3 of such part; ``(iv) 1.3 if, at the time of the apportionment, the area is classified as a serious ozone nonattainment area under subpart 2 of such part; or ``(v) 1.4 if, at the time of the apportionment, the area is classified as a severe ozone nonattainment area under subpart 2 of such part; or ``(vi) 1.5 if, at the time of the apportionment, the area is classified as an extreme ozone nonattainment area under subpart 2 of such part. ``(B) Additional adjustment for carbon monoxide areas.--If, in addition to being classified as a nonattainment or maintenance area for ozone under subpart 2 of such part, the area was also classified under subpart 3 of such part as a nonattainment area for carbon monoxide, the weighted nonattainment or maintenance area fleet and passenger miles for the recipient, as calculated under subparagraph (A), shall be further multiplied by a factor of 1.2. ``(d) Clean Diesel Buses.--Not more than 35 percent of the amount made available by or appropriated under section 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses. ``(e) Grant Requirements.-- ``(1) In general.--A grant under this section shall be subject to the requirements of section 5307. ``(2) Government's share of costs for certain projects.-- Section 5323(i) applies to projects carried out under this section. ``(f) Availability of Funds.--Any amount made available or appropriated under this section-- ``(1) shall remain available to a project for 1 year after the fiscal year for which the amount is made available or appropriated; and ``(2) that remains unobligated at the end of the period described in paragraph (1) shall be added to the amount made available in the following fiscal year.''. SEC. 3010. CAPITAL INVESTMENT GRANTS. (a) Section Heading.--Section 5309 is amended by striking the section heading and inserting the following: ``Sec. 5309. Capital investment grants''. (b) Loans for Real Property Interests.--Section 5309 is amended-- (1) in subsections (a)(1) and (a)(2) by striking ``and loans''; (2) by striking subsections (b) and (c); and (3) by redesignating subsection (d) as subsection (b). (c) Project as Part of Approved Program of Projects.-- Section 5309(b) (as redesignated by subsection (b) of this section) is amended-- (1) by striking ``Except as provided in subsections (b)(2) and (e) of the section, the'' and inserting ``The''; and (2) by striking ``or loan''. (d) Criteria and Funding.--Section 5309 is amended by striking subsections (e) through (p) and inserting the following: ``(c) Major Capital Investment Grants of $75,000,000 or More.-- ``(1) Full funding grant agreement.--A major new fixed guideway capital project financed under this subsection shall be carried out through a full funding grant agreement. The Secretary shall enter into a full funding grant agreement based on the evaluations and ratings required under this subsection. The Secretary shall not enter into a full funding grant agreement for a project unless that project is authorized for final design and construction. ``(2) Approval of grants.--The Secretary may approve a grant under this section for a major new fixed guideway capital project only if the Secretary, based upon evaluations and considerations set forth in paragraph (3), determines that the proposal is-- ``(A) based on the results of an alternatives analysis and preliminary engineering; ``(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, operating efficiencies, transit supportive policies, and existing land use; and ``(C) supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources) to construct, maintain, and operate the system or extension. ``(3) Considerations.-- ``(A) Results of alternatives analysis and preliminary engineering.--In evaluating a proposed project for purposes of making the finding required by paragraph (2)(A), the Secretary shall analyze and consider the results of the alternatives analysis and preliminary engineering for the project. ``(B) Project justification.--In evaluating a proposed project for purposes of making the finding required by paragraph (2)(B), the Secretary shall-- ``(i) consider the direct and indirect costs of relevant alternatives; ``(ii) consider factors such as congestion relief, improved mobility, air pollution, noise pollution, energy consumption, and all associated ancillary and mitigation costs necessary to carry out each alternative analyzed and recognize reductions in local infrastructure costs achieved through compact land use development; ``(iii) identify and consider public transportation supportive existing land use policies and future patterns and the cost of suburban sprawl; ``(iv) consider the degree to which the project increases the mobility of the public transportation dependent population or promotes economic development; ``(v) consider population density and current transit ridership in the corridor; ``(vi) consider the technical capability of the grant recipient to construct the project; ``(vii) adjust the project justification to reflect differences in local land, construction, and operating costs; and ``(viii) consider other factors that the Secretary determines appropriate to carry out this chapter. ``(C) Local financial commitment.--In evaluating a proposed project under paragraph (2)(C), the Secretary shall require that-- ``(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases; ``(ii) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and ``(iii) local resources are available to operate the overall proposed public transportation system (including essential feeder bus and other services necessary to achieve the projected ridership levels) without requiring a reduction in existing public transportation services to operate the proposed project. ``(D) Assessment of local financing.--In assessing the stability, reliability, and availability of proposed sources of local financing under paragraph (2)(C), the Secretary shall consider-- ``(i) existing grant commitments; ``(ii) the degree to which financing sources are dedicated to the purposes proposed; ``(iii) any debt obligation that exists or is proposed by the recipient for the proposed project or other public transportation purpose; and ``(iv) the extent to which the project has a local financial commitment that exceeds the required non-Federal share of the cost of the project. ``(4) Evaluation and rating of projects.--A proposed project under this subsection may advance from alternatives analysis to preliminary engineering, and may advance from preliminary engineering to final design and construction, only if the Secretary finds that the project meets the requirements of this section and there is a reasonable likelihood that the project will continue to meet such requirements. In making the findings, the Secretary shall evaluate and rate the project as `highly recommended', `recommended', or `not recommended' based on the results of alternatives analysis, the project justification criteria, and the degree of local financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established by regulation. ``(5) Major defined.--In this section, the term `major', as used with respect to a new fixed guideway capital project, means the Federal assistance provided or to be provided under this section for the project is $75,000,000 or more. [[Page 6159]] ``(d) Capital Investment Grants Less Than $75,000,000.-- ``(1) In general.--Subject to the provisions of this subsection, if the Federal assistance provided or to be provided under this section with respect to a new fixed guideway capital project is less than $75,000,000, and not less than $25,000,000, the project shall be subject to the requirements in this subsection. ``(2) Selection criteria.--The Secretary may provide Federal assistance under this subsection with respect to a proposed project only if the Secretary finds that the project is-- ``(A) based on the results of planning and alternatives analysis; ``(B) justified based on a review of its public transportation supportive land use policies, cost effectiveness, and effect on local economic development; and ``(C) supported by an acceptable degree of local financial commitment. ``(3) Planning and alternatives.--In evaluating a project under paragraph (2)(A), the Secretary shall analyze and consider the results of planning and alternatives analysis for the project. ``(4) Project justification.--For purposes of making the finding under paragraph (2)(B), the Secretary shall-- ``(A) determine the degree to which the project is consistent with local land use policies and is likely to achieve local developmental goals; ``(B) determine the cost effectiveness of the project at the time of the initiation of revenue service; ``(C) determine the degree to which the project will have a positive effect on local economic development; ``(D) consider the reliability of the forecasts of costs and ridership associated with the project; and ``(E) consider other factors that the Secretary determines appropriate to carry out this subsection. ``(5) Local financial commitment.--For purposes of paragraph (2)(C), the Secretary shall require that each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable. ``(6) Advancement of project to development and construction.-- ``(A) General rule.--A proposed project under this subsection may advance from planning and alternatives analysis to project development and construction only if-- ``(i) the Secretary finds that the project meets the requirements of this subsection and there is a reasonable likelihood that the project will continue to meet such requirements; and ``(ii) the metropolitan planning organization has adopted the locally preferred alternative for the project into the long-range transportation plan. ``(B) Evaluation.--In making the findings under subparagraph (A), the Secretary shall evaluate and rate the project as `recommended' or `not recommended' based on the results of the analysis of the project justification criteria and the degree of local financial commitment, as required by this subsection. ``(7) Contents of project construction grant agreement.--A project construction grant agreement under this subsection shall specify the scope of the project to be constructed, the estimated net project cost of the project, the schedule under which the project shall be constructed, the maximum amount of funding to be obtained under this subsection, the proposed schedule for obligation of future Federal grants, and the sources of funding from other than the Government. The agreement may include a commitment on the part of the Secretary to provide funding for the project in future fiscal years. ``(8) Limitation on entry into construction grant agreement.--The Secretary may enter into a project construction grant agreement for a project under this subsection only if the project is authorized for construction and has been rated as `recommended' under this subsection. ``(9) Regulations.--Not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2004, the Secretary shall issue regulations establishing an evaluation and rating process for proposed projects under this subsection that is based on the results of project justification and local financial commitment, as required under this subsection. ``(10) Fixed guideway capital project.--In this subsection, the term `fixed guideway capital project' includes a corridor-based public transportation bus capital project if the majority of the project's corridor right-of-way is dedicated alignment for exclusive use by public transportation vehicles for all or part of the day. ``(e) Previously Issued Letter of Intent or Full Funding Grant Agreement.--Subsections (c) and (d) do not apply to projects for which the Secretary has issued a letter of intent or entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2004. ``(f) Letters of Intent, Full Funding Grant Agreements, and Early Systems Work Agreements.-- ``(1) Letters of intent.-- ``(A) Amounts intended to be obligated.--The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. When a letter is issued for fixed guideway projects, the amount shall be sufficient to complete at least an operable segment. ``(B) Treatment.--The issuance of a letter under subparagraph (A) is deemed not to be an obligation under sections 1108(c), 1108(d), 1501, and 1502(a) of title 31 or an administrative commitment. ``(2) Full funding grant agreements.-- ``(A) Terms.--The Secretary may make a full funding grant agreement with an applicant. The agreement shall-- ``(i) establish the terms of participation by the Government in a project under this section; ``(ii) establish the maximum amount of Government financial assistance for the project; ``(iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and ``(iv) make timely and efficient management of the project easier according to the law of the United States. ``(B) Special financial rules.-- ``(i) In general.--An agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. ``(ii) Statement of contingent commitment.--The agreement shall state that the contingent commitment is not an obligation of the Government. ``(iii) Interest and other financing costs.--Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. ``(iv) Completion of operable segment.--The amount stipulated in an agreement under this paragraph for a fixed guideway project shall be sufficient to complete at least an operable segment. ``(3) Early system work agreements.-- ``(A) Conditions.--The Secretary may make an early systems work agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued on the project and the Secretary finds there is reason to believe-- ``(i) a full funding grant agreement for the project will be made; and ``(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost. ``(B) Contents.-- ``(i) In general.--A work agreement under this paragraph obligates an amount of available budget authority specified in law and shall provide for reimbursement of preliminary costs of carrying out the project, including land acquisition, timely procurement of system elements for which specifications are decided, and other activities the Secretary decides are appropriate to make efficient, long- term project management easier. ``(ii) Period covered.--A work agreement under this paragraph shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization. ``(iii) Interest and other financing costs.--Interest and other financing costs of efficiently carrying out the work agreement within a reasonable time are a cost of carrying out the agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. ``(iv) Failure to carry out project.--If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Government payments made under the work agreement plus reasonable interest and penalty charges the Secretary establishes in the agreement. ``(4) Limitation on amounts.-- ``(A) Major capital investment grants contingent commitment authority.--The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding grant agreements, and early systems work agreements under this subsection for major new fixed guideway capital projects may be not more than the greater of the amount authorized under sections 5338(b) and 5338(h)(1) for such projects or an amount equivalent to the last 3 fiscal years of funding allocated under subsections (m)(1)(B) and (m)(2)(B)(ii) for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by a letter or agreement. The total amount covered by new letters and contingent commitments included in full funding grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law. ``(B) Other contingent commitment authority.--The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all project construction grant agreements and early system work agreements under this subsection [[Page 6160]] for small capital projects described in subsection (d) may be not more than the greater of the amount allocated under subsection (m)(2)(A) for such projects or an amount equivalent to the last fiscal year of funding allocated under subsection (m)(2)(A) for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by an agreement. The total amount covered by new contingent commitments included in project construction grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law. ``(C) Inclusion of certain commitments.--Future obligations of the Government and contingent commitments made against the contingent commitment authority under section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (106 Stat. 2125) for the San Francisco BART to the Airport project for fiscal years 2002, 2003, 2004, 2005, and 2006 shall be charged against section 3032(g)(2) of that Act. ``(D) Appropriation required.--An obligation may be made under this subsection only when amounts are appropriated for the obligation. ``(5) Notification of congress.--At least 60 days before issuing a letter of intent or entering into a full funding grant agreement or project construction grant agreement under this section, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project. ``(g) Government's Share of Net Project Cost.-- ``(1) Federal share.--Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost. A grant for the project shall be for 80 percent of the net capital project cost, unless the grant recipient requests a lower grant percentage. ``(2) Remainder of net project cost.--The remainder of net project costs shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. ``(3) Limitation on statutory construction.--Nothing in this section, including paragraph (1) and subsections (c)(3)(D)(iv) and (c)(4), shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost. ``(4) Special rule for rolling stock costs.--In addition to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts of the Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time. ``(5) Limitation on applicability.--This subsection does not apply to projects for which the Secretary has entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2004. ``(h) Fiscal Capacity Considerations.--If the Secretary gives priority consideration to financing projects that include more than the non-Government share required under subsection (g), the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments. ``(i) Reports on New Starts.-- ``(1) Annual dot report.--Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that includes-- ``(A) a proposal of allocations of amounts to be available to finance grants for new fixed guideway capital projects among applicants for these amounts; ``(B) evaluations and ratings, as required under subsection (c), for each such project that is authorized by the Federal Public Transportation Act of 2004; and ``(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years and for the next 10 fiscal years based on information currently available to the Secretary. ``(2) Annual gao review.--The Comptroller General shall-- ``(A) conduct an annual review of-- ``(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects; and ``(ii) the Secretary's implementation of such processes and procedures; and ``(B) report to Congress on the results of such review by May 31 of each year. ``(j) Undertaking Projects in Advance.-- ``(1) In general.--The Secretary may pay the Government's share of the net capital project cost to a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable procedures and requirements if-- ``(A) the State or local governmental authority applies for the payment; ``(B) the Secretary approves the payment; and ``(C) before carrying out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section. ``(2) Financing costs.-- ``(A) In general.--The cost of carrying out part of a project includes the amount of interest earned and payable on bonds issued by the State or local governmental authority to the extent proceeds of the bonds are expended in carrying out the part. ``(B) Limitation on amount of interest.--The amount of interest under this paragraph may not be more than the most favorable interest terms reasonably available for the project at the time of borrowing. ``(C) Certification.--The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financial terms. ``(3) Capital project cost indices.--The Secretary shall consider changes in capital project cost indices when determining the estimated cost under paragraph (2). ``(k) Bus and Bus Facilities Projects.-- ``(1) Considerations.--In making grants under subsections (m)(1)(C) and (m)(2)(B)(iii), the Secretary shall consider the age of buses, bus fleets, related equipment, and bus- related facilities. ``(2) Fuel cell bus program.--Of the amounts made available under subsections (m)(1)(C) and (m)(2)(B)(iii) for a fiscal year, the following amounts shall be set aside for the national fuel cell bus technology development program under section 3039 of the Federal Public Transportation Act of 2004: ``(A) $4,849,950 for fiscal year 2004. ``(B) $10,000,000 for fiscal year 2005. ``(C) $11,000,000 for fiscal year 2006. ``(D) $12,000,000 for fiscal year 2007. ``(E) $13,000,000 for fiscal year 2008. ``(F) $14,000,000 for fiscal year 2009. ``(l) Availability of Amounts.--An amount made available or appropriated under section 5338(b), 5338(g), or 5338(h) for replacement, rehabilitation, and purchase of buses and related equipment and construction of bus-related facilities or for new fixed guideway capital projects shall remain available for 3 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any of such amounts that are unobligated at the end of the 3-fiscal- year period shall be deobligated and may be used by the Secretary for any purpose under this section. ``(m) Allocating Amounts.-- ``(1) Fiscal year 2004.--Of the amounts made available by or appropriated under section 5338(b), $85,000,000 shall be allocated to new fixed guideway capital projects under subsection (d). Remaining amounts shall be allocated as follows: ``(A) 40 percent for fixed guideway modernization; ``(B) 40 percent for major new fixed guideway capital projects; and ``(C) 20 percent to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities. ``(2) Fiscal years 2005-2009.--The total amount of funds made available by section 5338(g), and appropriated under section 5338(h), for each of fiscal years 2005 through 2009 shall be allocated in the fiscal year as follows: ``(A) Small capital projects.--From funds appropriated under section 5338(h) for new fixed guideway capital projects described in subsection (d)-- ``(i) $135,000,000 in fiscal year 2005; ``(ii) $175,000,000 in fiscal year 2006; ``(iii) $200,000,000 in fiscal year 2007; ``(iv) $200,000,000 in fiscal year 2008; and ``(v) $225,000,000 in fiscal year 2009. ``(B) Remainder.--After the allocation under subparagraph (A), the remainder of such total amount shall be allocated as follows: ``(i) 40 percent for fixed guideway modernization, to be derived from funds made available under section 5338(g). ``(ii) 40 percent for major new fixed capital guideway projects, to be derived from funds appropriated under section 5338(h). ``(iii) 20 percent to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, to be derived from funds made available under section 5338(g). ``(3) Funding for ferry boat systems.--Of the amounts made available under paragraphs (1)(B) and (2)(B)(ii), $10,400,000 shall be available in each of fiscal years 2004 through 2009 for new fixed guideway capital projects in Alaska or Hawaii that are for ferry boats or ferry terminal facilities or that are for approaches to ferry terminal facilities. ``(n) New Fixed Guideway Capital Project Defined.--In this section, the term `new fixed guideway capital project' means a minimum operable segment of a capital project for a new fixed guideway system or extension to an existing fixed guideway system.''. (e) Conforming Amendments.-- (1) Chapter analysis.--The analysis for chapter 53 is amended by striking the item relating to section 5309 and inserting the following: ``5309. Capital investment grants.''. (2) Section 5328.--Section 5328(a) is amended-- (A) in paragraph (2) by striking ``5309(e)'' and inserting ``5309(c)''; and (B) in paragraph (4) by striking ``under section 5309(o)(1)'' and inserting ``under section 5309(i)(1)''. [[Page 6161]] SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES. (a) In General.--Section 5310 is amended-- (1) by striking the section heading and inserting the following: ``Sec. 5310. Formula grants for special needs of elderly individuals and individuals with disabilities''; (2) by striking subsections (a) through (g) and inserting the following: ``(a) General Authority.-- ``(1) Grants.--The Secretary may make grants to States and local governmental authorities under this section for public transportation capital projects, and operating costs associated with public transportation capital projects, planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities. ``(2) Subrecipients.--A State that receives a grant under this section may allocate the amounts of the grant to-- ``(A) a private nonprofit organization if the public transportation service provided under paragraph (1) is unavailable, insufficient, or inappropriate; or ``(B) a governmental authority that-- ``(i) is approved by the State to coordinate services for elderly individuals and individuals with disabilities; or ``(ii) certifies that there are not any nonprofit organizations readily available in the area to provide the services described under paragraph (1). ``(3) Acquiring public transportation services.--A public transportation capital project under this section may include acquisition of public transportation services as an eligible capital expense. ``(4) Administrative expenses.--A State or local governmental authority may use not more than 10 percent of the amounts apportioned to the State under this section to administer, plan, and provide technical assistance for a project funded under this section. ``(b) Apportionment and Transfers.-- ``(1) Apportionment.-- ``(A) Formula.--The Secretary shall apportion amounts made available to carry out this section under a formula the Secretary administers that considers the number of elderly individuals and individuals with disabilities in each State. ``(B) Low density adjustment.--In administering the apportionment formula under subparagraph (A)-- ``(i) in the case of a State with a population density of 10 or fewer persons per square mile, the Secretary shall multiply by a factor of 2 the number of elderly individuals and individuals with disabilities in the State (as determined using the most recent decennial United States Census); and ``(ii) in the case of a State with a population density of more than 10 but equal to or fewer than 30 persons per square mile, the Secretary shall multiply by a factor of 1.25 the number of elderly individuals and individuals with disabilities in the State (as determined using the most recent decennial United States Census). ``(2) Transfers.--Any State's apportionment remaining available for obligation at the beginning of the 90-day period before the end of the period of availability of the apportionment is available to the State for transfer to supplement amounts apportioned to the State under section 5311(c) or 5336(a)(1), or both. Any funds transferred pursuant to this paragraph shall be made available only for eligible projects as described in this section. ``(c) Government's Share of Costs.-- ``(1) Capital projects.--A grant for a capital project under this section shall be for 80 percent of the net capital costs of the project, as determined by the Secretary; except that in the case of a State described in section 120(b)(1) of title 23, such percentage shall be increased in accordance with such section. ``(2) Operating assistance.--A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. ``(3) Remainder.--The remainder of the net project costs-- ``(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and ``(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation. ``(4) Use of certain funds.--For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. ``(d) Grant Requirements.-- ``(1) In general.--A grant under this section shall be subject to all requirements of a grant under section 5307. A grant to a subrecipient under this section shall be subject to such requirements to the extent the Secretary considers appropriate. ``(2) Coordination with nonprofit providers.--A recipient that transfers funds to an apportionment under section 5336(a)(1) pursuant to subsection (b)(2) shall certify that the project for which the funds are requested under this section has been coordinated with nonprofit providers of services. ``(3) Project selection and planning.--A recipient of funds under this section shall certify that-- ``(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and ``(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. ``(4) Fair and equitable distribution.--A recipient of a grant under this section shall certify that allocations of the grant to subrecipients are distributed on a fair and equitable basis. ``(e) State Program.-- ``(1) In general.--Amounts made available to carry out this section may be used for transportation projects to assist in providing transportation services for elderly individuals and individuals with disabilities that are included in a State program of projects. ``(2) Submission and approval.--A program shall be submitted annually to the Secretary for approval and shall contain an assurance that the program provides for maximum feasible coordination of transportation services assisted under this section with transportation services assisted by other Government sources. ``(f) Leasing Vehicles.--Vehicles acquired under this section may be leased to local governmental authorities to improve transportation services designed to meet the special needs of elderly individuals and individuals with disabilities.''; and (3) by redesignating subsections (h) through (j) as subsections (g) through (i), respectively. (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5310 and inserting the following: ``5310. Formula grants for special needs of elderly individuals and individuals with disabilities.''. SEC. 3012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. (a) Definitions.--Section 5311(a) is amended to read as follows: ``(a) Definitions.--In this section, the following definitions apply: ``(1) Recipient.--The term `recipient' means a State that receives a Federal transit program grant directly from the Government. ``(2) Subrecipient.--The term `subrecipient' means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a Federal transit program grant indirectly through a recipient.''. (b) General Authority.--Section 5311(b) is amended to read as follows: ``(b) General Authority.-- ``(1) Grants.--Except as provided in paragraph (2), the Secretary may make grants to other than urbanized areas under this section for the following: ``(A) Public transportation capital projects. ``(B) Operating costs of equipment and facilities for use in public transportation. ``(C) Acquisition of public transportation services, including service agreements with private providers of public transportation services. ``(2) State program.-- ``(A) In general.--Amounts made available to carry out this section shall be used for projects included in a State program for public transportation projects, including service agreements with private providers of public transportation. ``(B) Submission.--The program shall be submitted annually to the Secretary for approval. ``(C) Approval.--The Secretary may approve the program only if the Secretary finds that the program provides a fair distribution of amounts in the State, including Indian reservations, and the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources. ``(3) Rural transportation assistance program.-- ``(A) In general.--The Secretary shall carry out a rural transportation assistance program in other than urbanized areas. ``(B) Grants and contracts.--In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available to carry out this section to make grants and contracts for transportation research, technical assistance, training, and related support services in other than urbanized areas. ``(C) Projects of a national scope.--Not more than 15 percent of the amounts available under subparagraph (B) may be used by the Secretary to carry out projects of a national scope, with the remaining balance provided to the States.''. (c) Apportionments.--Section 5311(c) is amended to read as follows: ``(c) Apportionments.-- ``(1) In general.--The Secretary shall apportion amounts made available to carry out this section among the States in the ratio that-- ``(A) the population of other than urbanized areas in each State, as shown by the most recent Government decennial census of population; bears to ``(B) the population of all other than urbanized areas in the United States, as shown by that census. ``(2) Low density adjustment.--In administering the apportionment formula under paragraph (1)-- ``(A) in the case of a State with a population density of 10 or fewer persons per square mile in other than urbanized areas of the State, the [[Page 6162]] Secretary shall multiply by a factor of 1.5 the population of such other than urbanized areas (as determined using the most recent decennial United States Census); and ``(B) in the case of a State with a population density of more than 10 but equal to or fewer than 12 persons per square mile in other than urbanized areas of the State, the Secretary shall multiply by a factor of 1.25 the population of such other than urbanized areas (as determined using the most recent decennial United States Census). ``(3) Availability.--The amount apportioned to a State under this subsection may be obligated by the State for 2 fiscal years after the fiscal year in which the amount is apportioned. An amount that is not obligated at the end of that period shall be reapportioned among the States for the next fiscal year.''. (d) Use for Administration, Planning, and Technical Assistance.--Section 5311(e) is amended-- (1) in the subsection heading by inserting ``, planning,'' after ``administration''; (2) by striking ``(1) The Secretary'' and inserting ``The Secretary''; (3) by striking paragraph (2); and (4) by striking ``recipient'' and inserting ``subrecipient''. (e) Intercity Bus Transportation.--Section 5311(f) is amended-- (1) in paragraph (1) by striking ``after September 30, 1993,''; and (2) in paragraph (2) by striking ``A State'' and inserting ``After consultation with affected intercity bus service providers, a State''. (f) Government's Share of Costs.--Section 5311(g) is amended to read as follows: ``(g) Government's Share of Costs.-- ``(1) Capital projects.--A grant for a capital project under this section shall be for 80 percent of the net capital costs of the project, as determined by the Secretary; except that in the case of a State described in section 120(b)(1) of title 23, such percentage shall be increased in accordance with such section. ``(2) Operating assistance.--A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. ``(3) Remainder.--The remainder of net project costs-- ``(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and ``(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation. ``(4) Use of certain funds.--For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. ``(5) Limitation on operating assistance.--A State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.''. (g) Relationship to Other Laws.--Section 5311 is amended-- (1) by striking subsection (h); and (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively. (h) Correction to Chapter Analysis.--The analysis for chapter 53 is amended by striking the item relating to section 5311 and inserting the following: ``5311. Formula grants for other than urbanized areas.''. SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROJECTS. (a) In General.--Section 5312 is amended-- (1) in subsection (a)-- (A) by striking the first parenthetical phrase; (B) by striking ``or contracts'' and inserting ``, contracts, cooperative agreements, or other transactions''; (C) by striking ``help reduce urban transportation needs, improve mass transportation service,'' and inserting ``improve transportation service''; (D) by striking ``urban'' each place it appears; and (E) by striking ``and demonstration projects'' and inserting ``, demonstration or deployment projects, or evaluation of technology of national significance''; (2) by striking subsections (b) and (c); (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; (4) in subsection (b)(2) (as so redesignated) by striking ``other agreements'' and inserting ``other transactions''; and (5) in subsection (c)(2) (as so redesignated) by striking ``public and'' and inserting ``public or''. (b) Conforming Amendments.-- (1) Section heading.--Section 5312 is amended by striking the section heading and inserting the following: ``Sec. 5312. Research, development, demonstration, and deployment projects''. (2) Chapter analysis.--The analysis for chapter 53 is amended by striking the item relating to section 5312 and inserting the following: ``5312. Research, development, demonstration, and deployment projects.''. SEC. 3014. COOPERATIVE RESEARCH PROGRAM. (a) In General.--Section 5313 is amended-- (1) in subsection (a) by striking ``(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(d) of this title'' and inserting ``The amounts made available under paragraphs (1)(C)(iv) and (2)(C) of section 5338(d)''; (2) by striking subsection (b); (3) in subsection (a)(2) by striking ``(2) The'' and inserting ``(b) Federal Assistance.--The''; and (4) in subsection (c) by striking ``subsection (a) of''. (b) Conforming Amendments.-- (1) In general.--Section 5313 is amended by striking the section heading and inserting the following: ``Sec. 5313. Cooperative research program''. (2) Chapter analysis.--The analysis for chapter 53 is amended by striking the item relating to section 5313 and inserting the following: ``5313. Cooperative research program.''. SEC. 3015. NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS. (a) In General.--Section 5314 is amended-- (1) by striking the section heading and inserting the following: ``Sec. 5314. National research and technology programs''; (2) in subsection (a)(1)-- (A) by striking ``subsections (d) and (h)(7) of section 5338 of this title'' and inserting ``section 5338(d)''; (B) by striking ``and contracts'' and inserting ``, contracts, cooperative agreements, or other transactions''; (C) by striking ``5303-5306,''; and (D) by striking ``5317,''; (3) in subsection (a)(2) by striking ``Of the amounts'' and all that follows through ``$3,000,000 to'' and inserting ``The Secretary shall''; (4) by striking subsection (a)(4)(B); (5) by redesignating subsection (a)(4)(C) as subsection (a)(4)(B); and (6) in subsection (b) by striking ``or contract'' and all that follows through ``section,'' and inserting ``, contract, cooperative agreement, or other transaction under subsection (a) or section 5312,''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5314 and inserting the following: ``5314. National research and technology programs.''. SEC. 3016. NATIONAL TRANSIT INSTITUTE. Section 5315 is amended-- (1) in subsection (a) by striking ``public mass transportation'' and inserting ``public transportation''; and (2) in subsection (d) by striking ``mass'' each place it appears. SEC. 3017. JOB ACCESS AND REVERSE COMMUTE FORMULA GRANTS. (a) In General.--Chapter 53 is amended by inserting after section 5315 the following: ``Sec. 5316. Job access and reverse commute formula grants ``(a) Definitions.--In this section, the following definitions apply: ``(1) Access to jobs project.--The term `access to jobs project' means a project relating to the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including-- ``(A) transportation projects to finance planning, capital, and operating costs of providing access to jobs under this chapter; ``(B) promoting public transportation by low-income workers, including the use of public transportation by workers with nontraditional work schedules; ``(C) promoting the use of transit vouchers for welfare recipients and eligible low-income individuals; and ``(D) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986. ``(2) Eligible low-income individual.--The term `eligible low-income individual' means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. ``(3) Recipient.--The term `recipient' means a designated recipient (as defined in section 5307(a)(2)) and a State that receives a grant under this section directly. ``(4) Reverse commute project.--The term `reverse commute project' means a public transportation project designed to transport residents of urbanized areas and other than urbanized areas to suburban employment opportunities, including any projects to-- ``(A) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urbanized areas and other than urbanized areas to suburban workplaces; ``(B) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or ``(C) otherwise facilitate the provision of public transportation services to suburban employment opportunities. ``(5) Subrecipient.--The term `subrecipient' means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant [[Page 6163]] under this section indirectly through a recipient. ``(6) Welfare recipient.--The term `welfare recipient' means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act at any time during the 3-year period before the date on which the applicant applies for a grant under this section. ``(b) General Authority.-- ``(1) Grants.--The Secretary may make grants under this section to a recipient for access to jobs and reverse commute projects carried out by the recipient or a subrecipient. ``(2) Administrative expenses.--A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. ``(c) Apportionments.-- ``(1) Formula.--The Secretary shall apportion amounts made available to carry out this section as follows: ``(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that-- ``(i) the number of eligible low-income individuals and welfare recipients in each such urbanized area; bears to ``(ii) the number of eligible low-income individuals and welfare recipients in all such urbanized areas. ``(B) 20 percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in each State; bears to ``(ii) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in all States. ``(C) 20 percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in each State; bears to ``(ii) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in all States. ``(2) Use of apportioned funds.--Except as provided in paragraph (3)-- ``(A) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more; ``(B) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000; and ``(C) funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas. ``(3) Exceptions.--A State may use funds apportioned under paragraphs (1)(B) and (1)(C)-- ``(A) for projects serving areas other than the area specified in paragraph (2)(B) or (2)(C), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the specified area; or ``(B) for projects anywhere in the State if the State has established a statewide program for meeting the objectives of this section. ``(d) Competitive Process for Grants to Subrecipients.-- ``(1) Areawide solicitations.--A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants to the recipient and subrecipients under this section. ``(2) Statewide solicitation.--A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications for grants to the recipient and subrecipients under this section. ``(3) Application.--Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish. ``(4) Grant awards.--The recipient shall award grants under paragraphs (1) and (2) on a competitive basis. ``(e) Transfers.-- ``(1) In general.--A State may transfer any funds apportioned to it under subsection (c)(1)(B) or (c)(1)(C), or both, to an apportionment under section 5311(c) or 5336, or both. ``(2) Limited to eligible projects.--Any apportionment transferred under this subsection shall be made available only for eligible job access and reverse commute projects as described in this section. ``(3) Consultation.--A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4). ``(f) Grant Requirements.-- ``(1) In general.--A grant under this section shall be subject to the requirements of section 5307. ``(2) Fair and equitable distribution.--A recipient of a grant under this section shall certify to the Secretary that allocations of the grant to subrecipients are distributed on a fair and equitable basis. ``(g) Coordination.-- ``(1) In general.--The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies. ``(2) With nonprofit providers.--A State that transfers funds to an apportionment under section 5336 pursuant to subsection (e) shall certify to the Secretary that any project for which the funds are requested under this section has been coordinated with nonprofit providers of services. ``(3) Project selection and planning.--A recipient of funds under this section shall certify to the Secretary that-- ``(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and ``(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. ``(h) Government's Share of Costs.-- ``(1) Capital projects.--A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary. ``(2) Operating assistance.--A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. ``(3) Remainder.--The remainder of the net project costs-- ``(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and ``(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation. ``(4) Use of certain funds.--For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. ``(5) Limitation on operating assistance.--A recipient carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses. ``(i) Program Evaluation.-- ``(1) Comptroller general.--Beginning 1 year after the date of enactment of the Federal Public Transportation Act of 2004, and every 2 years thereafter, the Comptroller General shall-- ``(A) conduct a study to evaluate the grant program authorized by this section; and ``(B) transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A). ``(2) Department of transportation.--Not later than 3 years after the date of enactment of Federal Public Transportation Act of 2004, the Secretary shall-- ``(A) conduct a study to evaluate the effectiveness of the grant program authorized by this section and the effectiveness of recipients making grants to subrecipients under this section; and ``(B) transmit to the committees referred to in paragraph (1)(B) a report describing the results of the study under subparagraph (A).''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by inserting after the item relating to section 5315 the following: ``5316. Job access and reverse commute formula grants.''. (c) Repeal.--Section 3037 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note; 112 Stat. 387) is repealed. SEC. 3018. NEW FREEDOM PROGRAM. (a) In General.--Chapter 53 is further amended by inserting after section 5316 the following: ``Sec. 5317. New Freedom program ``(a) Definitions.--In this section, the following definitions apply: ``(1) Recipient.--The term `recipient' means a designated recipient (as defined in section 5307(a)(2)) and a State that receives a grant under this section directly. ``(2) Subrecipient.--The term `subrecipient' means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant under this section indirectly through a recipient. ``(b) General Authority.-- ``(1) Grants.--The Secretary may make grants under this section to a recipient for new public transportation services and public transportation alternatives beyond those required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services. ``(2) Administrative expenses.--A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. ``(c) Apportionments.-- ``(1) Formula.--The Secretary shall apportion amounts made available to carry out this section as follows: ``(A) 60 percent of the funds shall be apportioned among designated recipients (as defined [[Page 6164]] in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that-- ``(i) the number of individuals with disabilities in each such urbanized area; bears to ``(ii) the number of individuals with disabilities in all such urbanized areas. ``(B) 20 percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in each State; bears to ``(ii) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in all States. ``(C) 20 percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of individuals with disabilities in other than urbanized areas in each State; bears to ``(ii) the number of individuals with disabilities in other than urbanized areas in all States. ``(2) Use of apportioned funds.--Except as provided in paragraph (3)-- ``(A) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more; ``(B) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000; and ``(C) funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas. ``(3) Low density adjustment.-- ``(A) Smaller urbanized areas.--In administering the apportionment formula under paragraph (1)(B)-- ``(i) in the case of a State with a population density of 10 persons per square mile or fewer, the Secretary shall multiply by a factor of 2 the number of individuals with disabilities in urbanized areas of the State with a population of less than 200,000 (as determined using the most recent decennial United States Census); and ``(ii) in the case of a State with a population density of more than 10 but equal to or fewer than 30 persons per square mile, the Secretary shall multiply by a factor of 1.25 the number of individuals with disabilities in urbanized areas of the State with a population of less than 200,000 (as determined using the most recent decennial United States Census). ``(B) Other than urbanized areas.--In administering the apportionment formula under paragraph (1)(C)-- ``(i) in the case of a State with a population density of 10 persons per square mile or fewer, the Secretary shall multiply by a factor of 1.5 the number of individuals with disabilities in other than urbanized areas of the State (as determined using the most recent decennial United States Census); and ``(ii) in the case of a State with a population density of more than 10 but equal to or fewer than 12 persons per square mile in other than urbanized areas of the State, the Secretary shall multiply by a factor of 1.25 the number of individuals with disabilities in other than urbanized areas of the State (as determined using the most recent decennial United States Census). ``(4) Transfers.-- ``(A) In general.--A State may transfer any funds apportioned to it under paragraph (1)(B) or (1)(C), or both, to an apportionment under section 5311(c) or 5336, or both. ``(B) Limited to eligible projects.--Any funds transferred pursuant to this paragraph shall be made available only for eligible projects selected under this section. ``(C) Consultation.--A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4). ``(d) Competitive Process for Grants to Subrecipients.-- ``(1) Areawide solicitations.--A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants to the recipient and subrecipients under this section. ``(2) Statewide solicitation.--A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications for grants to the recipient and subrecipients under this section. ``(3) Application.--Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish. ``(4) Grant awards.--The recipient shall award grants under paragraphs (1) and (2) on a competitive basis. ``(e) Grant Requirements.-- ``(1) In general.--Except as provided in paragraph (2), a grant under this section shall be subject to all the requirements of section 5307. ``(2) Employee protective arrangements.--Section 5333(b) shall apply to grants under this section, except that the Secretary of Labor shall utilize, for urbanized areas with a population of less than 200,000 and for other than urbanized areas, a special warranty described in section 215.7 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the Federal Public Transportation Act of 2004), that provides a fair and equitable arrangement to protect the interest of employees. ``(3) Fair and equitable distribution.--A recipient of a grant under this section shall certify that allocations of the grant to subrecipients are distributed on a fair and equitable basis. ``(f) Coordination.-- ``(1) In general.--The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies. ``(2) With nonprofit providers.--A recipient that transfers funds to an apportionment under section 5336 pursuant to subsection (c)(2) shall certify that the project for which the funds are requested under this section has been coordinated with nonprofit providers of services. ``(3) Project selection and planning.--A recipient of funds under this section shall certify that-- ``(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and ``(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. ``(g) Government's Share of Costs.-- ``(1) Capital projects.--A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary. ``(2) Operating assistance.--A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. ``(3) Remainder.--The remainder of the net project costs-- ``(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and ``(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation. ``(4) Use of certain funds.--For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. ``(5) Limitation on operating assistance.--A recipient carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by inserting after the item relating to section 5316 the following: ``5317. New freedom program.''. SEC. 3019. BUS TESTING FACILITY. (a) In General.--Section 5318 is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Facility.--The Secretary of Transportation shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.''; (2) in subsection (d) by striking ``under section 5309(m)(1)(C) of this title'' and inserting ``to carry out this section''; and (3) by striking subsection (e) and inserting the following: ``(e) Acquiring New Bus Models.--Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a).''. (b) Conforming Amendment.--Section 5323(c) is repealed. SEC. 3020. BICYCLE FACILITIES. The first sentence of section 5319 is amended-- (1) by striking ``5309(h),'' and inserting ``5309(g),''; and (2) by striking ``and 5311'' and inserting ``5311, and 5320''. SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM. (a) In General.--Section 5320 is amended to read as follows: ``Sec. 5320. Transit in the parks pilot program ``(a) Public Transportation Defined.--In this section, the term `public transportation' means general or special transportation to the public by a conveyance that is publicly or privately owned. Such term does not include schoolbus or charter transportation but does include sightseeing transportation. ``(b) Establishment.--Not later than 90 days after the date of enactment of the Federal Public Transportation Act of 2004, the Secretary of Transportation and the Secretary of the Interior shall enter into a memorandum of understanding to establish a transit in the parks pilot program in accordance with the requirements of this section. ``(c) Purpose.--The purpose of the pilot program shall be to encourage and promote the development of transportation systems described in section 5301(a) within units of the National Park System to improve visitor mobility and enjoyment (including visitors with disabilities), reduce pollution and congestion, and enhance resource protection through the use of public transportation. ``(d) Administration of Program.--The program shall be administered by the Secretary of Transportation, in consultation with the Secretary of the Interior. ``(e) Memorandum of Understanding.-- ``(1) Planning.--The memorandum of understanding under subsection (b) shall include [[Page 6165]] transportation planning procedures that are consistent with the metropolitan and statewide planning processes required under chapter 52. ``(2) Programs.--The memorandum of understanding shall include descriptions of programs and activities eligible for assistance under the pilot program. ``(3) Exceptions.--The memorandum of understanding shall limit or modify the applicability of the provisions referred to in subsection (f) to the extent necessary to carry out the objectives of this section and to be compatible with the laws and regulations governing units of the National Park System. ``(f) Eligible Use of Funds.--Except as provided under subsection (e)(3), the Secretary may provide funds made available to carry out this section to the Secretary of the Interior under interagency agreements for the following purposes: ``(1) Planning, engineering, design, and evaluation.-- Planning, engineering, design, and evaluation of public transportation projects in units of the National Park System, and for technical studies, in accordance with section 5305(b)(2). ``(2) Public transportation capital projects.--Public transportation capital projects (as defined in section 5302(a)(1)) for such units in accordance with all the terms and conditions to which a grant is made under subsections (a), (b), (c), and (d) of section 5307 and such other terms and conditions as are determined by the Secretary. The Secretary of the Interior shall act as the designated recipient for the purposes of subsection (a)(2) of section 5307. ``(3) Operating costs.--Operating costs of equipment and facilities used in public transportation for such units. ``(g) Government's Share of Costs.-- ``(1) Capital projects.--The Government share of the cost of any capital project or activity under this section shall be 100 percent of the costs of the project, as determined by the Secretary. ``(2) Operating assistance.--A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. ``(h) Savings Clause.--Nothing in this section shall be construed as superseding, amending, modifying, or repealing any provision of law applicable to units of the National Park System.''. (b) Conforming Amendment.--The analysis for such chapter is further amended by striking the item relating to section 5320 and inserting the following: ``5320. Transit in the parks pilot program.''. SEC. 3022. HUMAN RESOURCE PROGRAMS. Section 5322 is amended-- (1) by inserting ``(a) In General.--'' before ``The Secretary''; and (2) by adding at the end the following: ``(b) Grants to Higher Learning Institutions.-- ``(1) Authority to make grants.--The Secretary may make grants to nonprofit institutions of higher learning-- ``(A) to conduct research and investigations into the theoretical or practical problems of public transportation; and ``(B) to train individuals to conduct further research or obtain employment in an organization that plans, builds, operates, or manages a public transportation system. ``(2) Research and investigations.--Research and investigations under this subsection include-- ``(A) the design and use of public transportation systems and public roads and highways; ``(B) the interrelationship between various modes of urban, suburban, rural, and intercity transportation; ``(C) the role of transportation planning in overall urban planning; ``(D) public preferences in transportation; ``(E) the economic allocation of transportation resources; and ``(F) the legal, financial, engineering, and esthetic aspects of public transportation. ``(3) Preference.--When making a grant under this subsection, the Secretary shall give preference to an institution that brings together knowledge and expertise in the various social science and technical disciplines related to public transportation problems. ``(c) Fellowships.-- ``(1) Authority to make grants.--The Secretary may make grants to States, local governmental authorities, and operators of public transportation systems to provide fellowships to train personnel employed in managerial, technical, and professional positions in the public transportation field. ``(2) Terms.-- ``(A) Period of training.--A fellowship under this subsection may be for not more than one year of training in an institution that offers a program applicable to the public transportation industry. ``(B) Selection of individuals.--The recipient of the grant shall select an individual on the basis of demonstrated ability and for the contribution the individual reasonably can be expected to make to an efficient public transportation operation. ``(C) Amount.--A grant for a fellowship may not be more than the lesser of $65,000 or 75 percent of-- ``(i) tuition and other charges to the fellowship recipient; ``(ii) additional costs incurred by the training institution and billed to the grant recipient; and ``(iii) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is actually paid or reimbursed by the grant recipient.''. SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE. (a) Interests in Property.--Section 5323(a)(1) is amended-- (1) in the matter preceding subparagraph (A)-- (A) by striking ``private mass transportation company'' each place it appears and inserting ``private company engaged in public transportation''; (B) by striking ``mass transportation equipment or a mass transportation facility'' and inserting ``a public transportation facility or equipment''; and (C) by striking ``mass transportation company'' and inserting ``public transportation company''; and (2) in subparagraph (B) by striking ``private mass transportation companies'' and inserting ``private companies engaged in public transportation''. (b) Notice and Public Hearing.--Section 5323(b) is amended-- (1) in paragraph (1)-- (A) by striking ``(1) An application'' and inserting the following: ``(1) Applications.--An application''; (B) in the matter preceding subparagraph (A) by striking ``or loan''; and (C) by moving subparagraphs (A) through (D) 2 ems to the right; (2) in paragraph (2) by striking ``(2) Notice of'' and inserting the following: ``(2) Notice.--Notice of''; and (3) by adding at the end the following: ``(3) Environmental record.--An applicant shall include in the environmental record for a project under this chapter evidence that the applicant has complied with the requirements of subparagraphs (A) through (D) of paragraph (1).''. (c) Condition on Charter Bus Transportation Service.-- Section 5323(d) is amended-- (1) by striking ``(1) Financial assistance'' and inserting the following: ``(1) Agreements.--Financial assistance''; and (2) by striking paragraph (2) and inserting the following: ``(2) Violations.-- ``(A) Investigations.--On receiving a complaint about a violation of the agreement required under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred. ``(B) Enforcement of agreements.--If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. ``(C) Additional remedies.--In addition to any remedy specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement.''. (d) Bond Proceeds Eligible for Local Share.--Section 5323(e) is amended to read as follows: ``(e) Bond Proceeds Eligible for Local Share.-- ``(1) Use as local matching funds.--Notwithstanding any other provision of law, a recipient of assistance under section 5307 or 5309 may use the proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project. ``(2) Maintenance of effort.--The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under chapter 52 is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years. ``(3) Debt service reserve.--The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that recipient established pursuant to section 5302(a)(1)(K) from amounts made available to the recipient under section 5307 or 5309, or both; except that such reimbursement in a fiscal year may not exceed 10 percent of the amounts made available to the recipient under section 5307 in such fiscal year.''. (e) Schoolbus Transportation.--Section 5323(f) is amended-- (1) by striking ``(1) Financial assistance'' and inserting the following: ``(1) Agreements.--Financial assistance''; (2) in paragraph (1) by moving subparagraphs (A), (B), and (C) 2 ems to the right; and (3) by striking paragraph (2) and inserting the following: ``(2) Violations.--If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate.''. (f) Buying Buses Under Other Laws.--Section 5323(g) is amended by striking ``103(e)(4)'' each place it appears and inserting ``133''. (g) Buy America.-- (1) Public interest waiver.--Section 5323(j) is amended-- (A) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and (B) by inserting after paragraph (2) the following: [[Page 6166]] ``(3) Written justification for public interest waiver.-- When issuing a waiver based on a public interest determination under paragraph (2)(A), the Secretary shall issue a detailed written justification as to why the waiver is in the public interest. The Secretary shall publish such justification in the Federal Register and provide the public with a reasonable period of time for notice and comment.''. (2) Ineligibility for contracts.--Section 5323(j)(6) (as so redesignated) is amended by striking ``Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 1914)'' and inserting ``Federal Public Transportation Act of 2004''. (3) Administrative review.--Section 5323(j) is amended by adding at the end the following: ``(9) Administrative review.--A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5, United States Code.''. (4) Repeal of general waiver.--Subsections (b) and (c) of Appendix A of section 661.7 of title 49, Code of Federal Regulations, shall cease to be in effect beginning on the date of enactment of this Act. (h) Relationship to Other Laws.--Section 5323(l) is amended to read as follows: ``(l) Relationship to Other Laws.--Section 1001 of title 18 applies to a certificate, submission, or statement provided under this chapter. The Secretary may terminate financial assistance under this chapter and seek reimbursement directly, or by offsetting amounts, available under this chapter, when a false or fraudulent statement or related act within the meaning of section 1001 is made in connection with a Federal transit program.''. (i) Grant Requirements.--Section 5323(o) is amended by striking ``the Transportation Infrastructure Finance and Innovation Act of 1998'' and inserting ``chapter 6 (other than section 609) of title 23''. (j) Transfer of Lands or Interests in Lands Owned by the United States.--Section 5323 is amended by adding at the end the following: ``(p) Transfer of Lands or Interests in Lands Owned by the United States.-- ``(1) Identification of lands necessary for transit purposes.--If the Secretary determines that any part of the lands or interests in lands owned by the United States and made available as a result of a military base closure is necessary for public transportation purposes eligible under this chapter, including corridor preservation, the Secretary shall file with the Secretary of the Department supervising the administration of such lands or interests in lands a map showing the portion of such lands or interests in lands which is desired to be transferred for public transportation purposes. ``(2) Deadline for certification.--If, within 4 months of such filing, the Secretary of such Department has not certified to the Secretary that the proposed transfer of such land is contrary to the public interest or inconsistent with the purposes for which such land has been reserved or has agreed to the transfer under conditions that the Secretary of such Department considers necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to a State, or local government, or public transportation operator for such purposes and subject to the conditions so specified. ``(3) Reversion.--If at any time such lands are no longer needed for public transportation purposes, notice shall be given to the Secretary by the State, local government, or public transportation operator that received the land, and such lands shall immediately revert to the control of the Secretary of the Department from which the land was originally transferred.''. SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. (a) In General.--Section 5324 is amended to read as follows: ``Sec. 5324. Special provisions for capital projects ``(a) Relocation Program Requirements.--Financial assistance may be provided under section 5309 only if the Secretary decides that-- ``(1) an adequate relocation program is being carried out for families displaced by a project; and ``(2) an equal number of decent, safe, and sanitary dwellings are being, or will be, provided to those families in the same area or in another area generally not less desirable for public utilities and public and commercial facilities, at rents or prices within the financial means of those families, and with reasonable access to their places of employment. ``(b) Consideration of Economic, Social, and Environmental Interests.-- ``(1) Cooperation and consultation.--In carrying out the policy of section 5301(e), the Secretary shall cooperate and consult with the Secretaries of the Interior, Health and Human Services, and Housing and Urban Development and the Administrator of the Environmental Protection Agency on each project that may have a substantial impact on the environment. ``(2) Public participation in environmental reviews.--In performing environmental reviews, the Secretary shall review each transcript of a hearing submitted under section 5323(b) to establish that an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest in the project, and that the project application includes a record of-- ``(A) the environmental impact of the proposal; ``(B) adverse environmental effects that cannot be avoided; ``(C) alternatives to the proposal; and ``(D) irreversible and irretrievable impacts on the environment. ``(3) Approval of applications for assistance.-- ``(A) Findings by the secretary.--The Secretary may approve an application for financial assistance for a capital project in accordance with this chapter only if the Secretary makes written findings, after reviewing the application and the transcript of any hearing held before a State or local governmental authority under section 5323(b), that-- ``(i) an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest; ``(ii) the preservation and enhancement of the environment and the interest of the community in which the project is located were considered; and ``(iii) no adverse environmental effect is likely to result from the project, or no feasible and prudent alternative to the effect exists and all reasonable steps have been taken to minimize the effect. ``(B) Hearing.--If a hearing has not been conducted or the Secretary decides that the record of the hearing is inadequate for making the findings required by this subsection, the Secretary shall conduct a hearing on an environmental issue raised by the application after giving adequate notice to interested persons. ``(C) Availability of findings.--The Secretary's findings under subparagraph (A) shall be made a matter of public record.''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5324 and inserting the following: ``5324. Special provisions for capital projects.''. SEC. 3025. CONTRACT REQUIREMENTS. (a) In General.--Section 5325 is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) Competition.--Recipients of Federal assistance under this chapter shall conduct all procurement transactions involving such assistance in a manner providing full and open competition, as determined by the Secretary. ``(b) Architectural, Engineering, and Design Contracts.-- ``(1) Procedures for awarding contract.--A contract or requirement for program management, architectural engineering, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement of a State. ``(2) Effect of state laws.--This subsection does not apply to the extent a State has adopted, before the date of enactment of the Federal Public Transportation Act of 2004, by law a formal procedure for procuring those services. ``(3) Administration of contracts.--When awarding such contracts, recipients of assistance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies as follows: ``(A) Performance of audits.--Any contract or subcontract awarded under this chapter shall be performed and audited in compliance with cost principles contained in the Federal Acquisition Regulation (part 31 of title 48, Code of Federal Regulations). ``(B) Indirect cost rates.--Instead of performing its own audits, a recipient of funds under a contract or subcontract awarded under this chapter shall accept indirect cost rates established in accordance with the Federal Acquisition Regulation for one-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute. ``(C) Application of rates.--Once a firm's indirect cost rates are accepted under this paragraph, the recipient of the funds shall apply such rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment and shall not be limited by administrative or de facto ceilings. ``(D) Prenotification; confidentiality of data.--A recipient of funds requesting or using the cost and rate data described in paragraph (3) shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency that is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances.''; and (2) by adding at the end the following: ``(d) Design-Build System Projects.-- ``(1) Definition.--In this section, the term `design-build system project' means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system or an operable segment thereof that meets specific performance criteria. Such project may also include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment. ``(2) Financial assistance.--Government financial assistance under this chapter may be made available for the capital costs of a design-build system project after the recipient complies with Government requirements. [[Page 6167]] ``(e) Multiyear Rolling Stock.-- ``(1) Contracts.--A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for not more than 5 years after the date of the original contract. ``(2) Cooperation among recipients.--The Secretary shall allow at least 2 recipients to act on a cooperative basis to procure rolling stock in compliance with this subsection and other Government procurement requirements. ``(f) Acquiring Rolling Stock.--A recipient of financial assistance under this chapter may enter into a contract to expend that assistance to acquire rolling stock-- ``(1) based on-- ``(A) initial capital costs; or ``(B) performance, standardization, life cycle costs, and other factors; or ``(2) with a party selected through a competitive procurement process. ``(g) Examination of the Records.--Upon request, the Secretary, the Comptroller General, or a representative of the Secretary or the Comptroller General shall have access to and the right to examine and inspect all records, documents, papers, including contracts, related to a project for which a grant is made under this chapter. ``(h) Grant Prohibitions.--A grant may not be used to support a procurement that uses an exclusionary or discriminatory specification.''. (b) Conforming Amendments.--Section 5326, and the item relating to section 5326 in the analysis for chapter 53, are repealed. SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND REVIEW. (a) Project Management Plan Requirements.--Section 5327(a) is amended-- (1) by striking ``and'' at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting ``; and''; and (3) by adding at the end the following: ``(13) safety and security management.''. (b) Limitations.--Section 5327(c) is amended to read as follows: ``(c) Limitations.-- ``(1) Limitations on use of available amounts.--The Secretary may use not more than .5 percent of amounts made available for a fiscal year to carry out section 5311, not more than .75 percent of amounts made available for a fiscal year to carry out section 5307, and not more than 1 percent of amounts made available for a fiscal year to carry out section 5309 to make contracts for the following activities: ``(A) To oversee the construction of a major project. ``(B) To review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under sections 5307, 5309, and 5311. ``(C) To provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section. ``(2) Limitations on applicability.--Subsections (a), (b), and (e) do not apply to contracts under this section for activities described in paragraphs (1)(B) and (1)(C). ``(3) Government's share of costs.--The Government shall pay the entire cost of carrying out a contract under this subsection.''. SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS. (a) In General.--Section 5329 is amended to read as follows: ``Sec. 5329. Investigation of safety and hazards ``(a) In General.--The Secretary may investigate safety and security risks associated with a condition in equipment, a facility, or an operation financed under this chapter that the Secretary believes causes a serious hazard of death or injury to establish the nature and extent of the condition and how to eliminate, mitigate, or correct it. ``(b) Plans for Eliminating, Mitigating, or Correcting Hazards.--If the Secretary establishes that a condition causes a hazard, the Secretary shall require the local governmental authority receiving amounts under this chapter to submit a plan for eliminating, mitigating, or correcting it. ``(c) Withholding Financial Assistance.--Financial assistance under this chapter, in an amount to be determined by the Secretary, may be withheld until a plan is approved and carried out.''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5329 and inserting the following: ``5329. Investigation of safety and hazards.''. SEC. 3028. STATE SAFETY OVERSIGHT. (a) In General.--Section 5330 is amended-- (1) by striking the section heading and all that follows through subsection (a) and inserting the following: ``Sec. 5330. State safety oversight ``(a) Application.--This section applies only to-- ``(1) States that have rail fixed guideway public transportation systems not subject to regulation by the Federal Railroad Administration; and ``(2) States that are designing rail fixed guideway public transportation systems that will not be subject to regulation by the Federal Railroad Administration.''; (2) in subsection (d) by inserting ``shall ensure uniform safety standards and enforcement and'' after ``affected States''; and (3) by striking subsection (f). (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5330 and inserting the following: ``5330. State safety oversight.''. SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING. (a) Definitions.--Section 5331(a)(3) is amended by striking the period at the end and inserting the following: ``or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.''. (b) Technical Corrections.--Subsections (b)(1) and (g) of section 5331 are each amended by striking ``or section 103(e)(4) of title 23''. (c) Regulations.--Section 5331(f) is amended by striking paragraph (3). SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS. Section 5333(b)(1) is amended by striking ``5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)'' each place it appears and inserting ``5316, 5317, 5318, 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), 5338(g), and 5338(h)''. SEC. 3031. ADMINISTRATIVE PROCEDURES. Section 5334 is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (9); (B) by striking the period at the end of paragraph (10) and inserting ``; and''; and (C) by adding at the end the following: ``(11) issue regulations as necessary to carry out the purposes of this chapter.''; (2) by striking subsection (i); (3) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; (4) by inserting after subsection (a) the following: ``(b) Prohibitions Against Regulating Operations and Charges.-- ``(1) In general.--Except for purposes of national defense or in the event of a national or regional emergency, the Secretary may not regulate the operation, routes, or schedules of a public transportation system for which a grant is made under this chapter, nor may the Secretary regulate the rates, fares, tolls, rentals, or other charges prescribed by any provider of public transportation. ``(2) Limitation on statutory construction.--Nothing in this subsection shall be construed to prevent the Secretary from requiring a recipient of funds under this chapter to comply with the terms and conditions of its Federal assistance agreement.''; (5) in subsection (c)(4) (as redesignated by paragraph (3) of this section)-- (A) by striking ``subsections (h) and (i)'' and inserting ``subsection (i)''; and (B) by striking ``5323(c), 5323(e), 5324(c),''; and (6) by adding at the end of subsection (c) (as redesignated by paragraph (3) of this section) the following: ``(5) Nonregulatory substantive policy statements.--The Secretary shall provide notice and an opportunity for public comment at least 60 days before issuing any nonregulatory substantive policy statements (regardless of the form of issuance), including guidance, policy statements, and regulatory interpretations.''. SEC. 3032. NATIONAL TRANSIT DATABASE. (a) In General.--Section 5335 is amended-- (1) by striking the section heading and inserting the following: ``Sec. 5335. National transit database''; (2) by striking subsection (b); and (3) in subsection (a)-- (A) by striking ``(1) To help'' and inserting ``To help''; and (B) by striking ``(2) The Secretary'' and inserting ``(b) Reporting and Uniform Systems.--The Secretary''. (b) Conforming Amendment.--The analysis for chapter 53 is amended by striking the item relating to section 5335 and inserting the following: ``5335. National transit database.''. SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY FACTORS. (a) Distribution.--Section 5337 is amended-- (1) by striking the section designation and all that follows before paragraph (1) of subsection (a) and inserting the following: ``Sec. 5337. Apportionment based on fixed guideway factors ``(a) Distribution.--The Secretary shall apportion amounts made available for fixed guideway modernization under sections 5338(b) and 5338(g) as follows:''; (2) in subsection (a) by striking ``(e)(1)'' each place it appears and inserting ``(e)''; and (3) in subsection (a) by striking ``(e)(2)'' each place it appears and inserting ``(e)''. (b) Route Segments to Be Included in Apportionment Formulas.--Section 5337(e) is amended by striking paragraph (1) and all that follows through ``(2) Other Standards.--''. (c) Conforming Amendment.--The item relating to section 5337 in the table of sections for chapter 53 is amended to read as follows: ``5337. Apportionment based on fixed guideway factors.''. SEC. 3034. AUTHORIZATIONS. Section 5338 is amended to read as follows: ``Sec. 5338. Authorizations ``(a) Formula Grants.-- [[Page 6168]] ``(1) Fiscal year 2004.-- ``(A) From trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5307, 5308, 5310, 5311, 5316, 5317, 5318, and 5320 of this chapter, 1118(b) of the Transportation Equity Act: A Legacy for Users (relating to the nonmotorized transportation pilot program), and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392- 393) $3,132,304,000 for fiscal year 2004. ``(B) From general fund.--In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out sections 5307, 5308, 5310, 5311, 5316, 5317, and 5318 of this chapter, 1118(b) of the Transportation Equity Act: A Legacy for Users (relating to the nonmotorized transportation pilot program), and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392-393) $783,076,000 for fiscal year 2004. ``(C) Allocation of funds.--Of the aggregate of amounts made available by and appropriated under this paragraph for a fiscal year-- ``(i) $4,849,950 shall be available to the Alaska Railroad for improvements to its passenger operations under section 5307; ``(ii) $125,000,000 shall be available to provide job access and reverse commute formula grants under section 5316; ``(iii) $50,000,000 shall be available to carry out the New Freedom program under section 5317; ``(iv) $50,000,000 shall be available to provide clean fuels formula grants under section 5308; ``(v) $8,000,000 shall be available to carry out the transit in the parks pilot program under section 5320; ``(vi) $4,000,000 shall be available to carry out the nonmotorized transportation pilot program under section 1118(b) of the Transportation Equity Act: A Legacy for Users; ``(vii) $8,000,000 shall be available to provide over-the- road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note); ``(viii) $3,100,000 shall be available to carry out bus testing under section 5318; ``(ix) $91,560,751 shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310; ``(x) $292,994,404 shall be available to provide financial assistance for other than urbanized areas under section 5311; and ``(xi) $3,277,874,895 shall be available to provide financial assistance for urbanized areas under section 5307, subject to section 3041(h) of the Federal Public Transportation Act of 2004. ``(2) Fiscal years 2005 through 2009.-- ``(A) From trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5307, 5308, 5310, 5311, 5316, 5317, 5318, and 5320 of this chapter, section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392- 393), and section 1118(b) of the Transportation Equity Act: A Legacy for Users (relating to the nonmotorized transportation pilot program)-- ``(i) $4,181,125,000 for fiscal year 2005; ``(ii) $4,464,295,000 for fiscal year 2006; ``(iii) $4,766,420,000 for fiscal year 2007; ``(iv) $5,089,172,500 for fiscal year 2008; and ``(v) $5,433,667,500 for fiscal year 2009. ``(B) Allocation of funds for bus testing and over-the-road bus accessibility.--Of the aggregate of amounts made available by this paragraph for a fiscal year-- ``(i) $3,100,000 shall be available to carry out section 5318; and ``(ii) $8,000,000 shall be available to carry out section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note). ``(C) Allocation of funds for clean fuels formula grant program.--Of the aggregate of amounts made available by this paragraph, $75,000,000 for fiscal year 2005 and $100,000,000 for each of fiscal years 2006, 2007, 2008, and 2009 shall be available to carry out section 5308. ``(D) Allocation of funds for job access and reverse commute formula grant program.--Of the aggregate of amounts made available by this paragraph, $150,000,000 for fiscal year 2005, $175,000,000 for fiscal year 2006, $200,000,000 for fiscal year 2007, $200,000,000 for fiscal year 2008, and $200,000,000 for fiscal year 2009 shall be available to carry out section 5316. ``(E) Allocation of funds for new freedom program.--Of the aggregate of amounts made available by this paragraph, $95,000,000 for fiscal year 2005, $100,000,000 for fiscal year 2006, $105,000,000 for fiscal year 2007, $115,000,000 for fiscal year 2008, and $125,000,000 for fiscal year 2009 shall be available to carry out section 5317. ``(F) Allocation of funds for transit in the parks pilot program.--Of the aggregate of amounts made available by this paragraph, $8,000,000 for fiscal year 2005, $16,000,000 for fiscal year 2006, $16,000,000 for fiscal year 2007, $16,000,000 for fiscal year 2008, and $16,000,000 for fiscal year 2009 shall be available to carry out section 5320. ``(G) Allocation of funds for nonmotorized transportation pilot program.--Of the aggregate of amounts made available by this paragraph, $4,000,000 for fiscal year 2005, $4,000,000 for fiscal year 2006, $4,000,000 for fiscal year 2007, $8,000,000 for fiscal year 2008, and $8,000,000 for fiscal year 2009 shall be available to carry out section 1118(b) of the Transportation Equity Act: A Legacy for Users (relating to the nonmotorized transportation pilot program). ``(H) Allocation of funds for the alaska railroad.--Of the aggregate of amounts made available by this paragraph, $10,000,000 for fiscal year 2005, $11,000,000 for fiscal year 2006, $12,000,000 for fiscal year 2007, $13,000,000 for fiscal year 2008, and $14,000,000 for fiscal year 2009 shall be available to the Alaska Railroad for improvements to its passenger operations under section 5307. ``(I) Remainder.--Of the remainder of the aggregate amounts made available by this paragraph for a fiscal year after the allocations under subparagraphs (B) through (H) for such fiscal year-- ``(i) 2.5 percent shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310; ``(ii) 8.0 percent shall be available to provide financial assistance for other than urbanized areas under section 5311; and ``(iii) 89.5 percent shall be available to provide financial assistance for urbanized areas under section 5307, subject to section 3041(h) of the Federal Public Transportation Act of 2004. ``(b) Capital Program Grants in Fiscal Year 2004.-- ``(1) From trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5309, $2,499,504,000 for fiscal year 2004. ``(2) From general fund.--In addition to amounts made available by paragraph (1), there is authorized to be appropriated to carry out section 5309, $624,876,200 for fiscal year 2004. ``(c) Planning.-- ``(1) Fiscal year 2004.-- ``(A) From trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5303, 5304, and 5305, $72,660,000 for fiscal year 2004. ``(B) From general fund.--In addition to amounts made available by subparagraph (A), there is authorized to be appropriated to carry out sections 5303, 5304, and 5305, $18,165,000 for fiscal year 2004. ``(2) Fiscal years 2005 through 2009.-- ``(A) From the trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5303, 5304, and 5305-- ``(i) $96,875,000 for fiscal year 2005; ``(ii) $103,325,000 for fiscal year 2006; ``(iii) $110,200,000 for fiscal year 2007; ``(iv) $117,537,500 for fiscal year 2008; and ``(v) $125,362,500 for fiscal year 2009. ``(B) Allocation of funds.--Of the funds made available by this paragraph for a fiscal year-- ``(i) 82.72 percent shall be available for metropolitan planning under sections 5303, 5304, and 5305 (other than 5305(e)); and ``(ii) 17.28 percent shall be available for State planning under section 5305(e). ``(d) Research.-- ``(1) Fiscal year 2004.-- ``(A) From trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5311(b), 5312, 5313, 5314, 5315, 5322, and 5335, $41,888,000 for fiscal year 2004. ``(B) From general fund.--In addition to amounts made available by subparagraph (A), there is authorized to be appropriated to carry out sections 5311(b), 5312, 5313, 5314, 5315, 5322, and 5335, $10,472,000 for fiscal year 2004. ``(C) Allocation of funds.--Of the funds made available by or appropriated pursuant to this paragraph for fiscal year 2004-- ``(i) not less than $4,500,000 shall be available to carry out programs under the National Transit Institute under section 5315; ``(ii) not less than $3,500,000 shall be available to carry out section 5335; ``(iii) not less than $3,500,000 shall be available to carry out section 5314(a)(2); and ``(iv) not less than $8,860,000 shall be available to carry out section 5313(a). ``(2) Fiscal years 2005 through 2009.-- ``(A) From the general fund.--There is authorized to be appropriated to carry out sections 5312, 5313, 5314, 5315, 5322, and 5335-- ``(i) $54,500,000 for fiscal year 2005; ``(ii) $57,000,000 for fiscal year 2006; ``(iii) $59,500,000 for fiscal year 2007; ``(iv) $62,000,000 for fiscal year 2008; and ``(v) $64,500,000 for fiscal year 2009. ``(B) Allocation of funds.--Of the funds appropriated pursuant to this paragraph for a fiscal year-- ``(i) not less than $4,500,000 shall be available to carry out programs under the National Transit Institute under section 5315; ``(ii) not less than $3,500,000 shall be available to carry out section 5335; and ``(iii) not less than $3,500,000 shall be available to carry out section 5314(a)(2). ``(C) Transit cooperative research program.--Of the funds appropriated pursuant to this paragraph, $9,000,000 for fiscal year 2005, $9,500,000 for fiscal year 2006, $10,000,000 for fiscal year 2007, $10,500,000 for fiscal year 2008, and $11,000,000 for fiscal year 2009 shall be available to carry out section 5313(a). ``(D) Remainder.--The remainder of the funds appropriated pursuant to this paragraph for a fiscal year after the allocations under subparagraphs (A) and (B) for such fiscal year shall be available to carry out national research and technology programs under sections 5312, 5314, and 5322. ``(e) University Transportation Research.-- ``(1) Fiscal year 2004.-- ``(A) From trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5505 and 5506, $6,400,000 for fiscal year 2004. [[Page 6169]] ``(B) From general fund.--In addition to amounts made available by subparagraph (A), there is authorized to be appropriated to carry out sections 5505 and 5506, $1,600,000 for fiscal year 2004. ``(2) Fiscal years 2005 through 2009.--Subject to paragraph (3), there is authorized to be appropriated to carry out sections 5505 and 5506, $8,000,000 for each of fiscal years 2005 through 2009. ``(3) Funding of university transportation centers.-- ``(A) In general.--Of the amounts made available by and appropriated under paragraphs (1) and (2) $2,000,000 for each of fiscal years 2004, 2005, and 2006 shall be available for the institution identified in section 5505(j)(3)(E), as so in effect. ``(B) Use of funds.--Funds made available for the institution identified in subparagraph (A)(iii) shall be used to make grants under 5506(f)(5) for that institution. ``(C) Special rule.--Nothing in this subsection shall be construed to limit the transportation research conducted by the centers funded by this section. ``(f) Administration.-- ``(1) Fiscal year 2004.-- ``(A) From trust fund.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5334, $60,044,000 for fiscal year 2004. ``(B) From general fund.--In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out section 5334, $15,011,000 for fiscal year 2004. ``(2) Fiscal years 2005 through 2009.--There are authorized to be appropriated to carry out section 5334-- ``(A) $77,000,000 for fiscal year 2005; ``(B) $79,000,000 for fiscal year 2006; ``(C) $81,000,000 for fiscal year 2007; ``(D) $83,000,000 for fiscal year 2008; and ``(E) $85,000,000 for fiscal year 2009. ``(g) Trust Fund Capital Program Grants.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5309(m)(2)(B)(i) and 5309(m)(2)(B)(iii)-- ``(1) $1,918,500,000 for fiscal year 2005; ``(2) $2,027,628,000 for fiscal year 2006; ``(3) $2,154,528,000 for fiscal year 2007; ``(4) $2,305,974,000 for fiscal year 2008; and ``(5) $2,452,482,000 for fiscal year 2009. ``(h) General Fund Capital Program Grants.--There are authorized to be appropriated to carry out sections 5309(m)(2)(A) and 5309(m)(2)(B)(ii)-- ``(1) $1,414,000,000 for fiscal year 2005; ``(2) $1,526,752,000 for fiscal year 2006; ``(3) $1,636,352,000 for fiscal year 2007; ``(4) $1,737,316,000 for fiscal year 2008; and ``(5) $1,859,998,000 for fiscal year 2009. ``(i) Grants as Contractual Obligations.-- ``(1) Grants financed from highway trust fund.--A grant or contract approved by the Secretary, that is financed with amounts made available under subsection (a)(l)(A), (a)(2), (b)(1), (c)(2), (d)(1)(A), (e)(1)(A), (f)(1)(A), or (g) is a contractual obligation of the Government to pay the Government's share of the cost of the project. ``(2) Grants financed from general fund.--A grant or contract, approved by the Secretary, that is financed with amounts made available under subsection (a)(l)(B), (b)(2), (c)(1)(B), (d)(1)(B), (d)(2), (e)(1)(B), (e)(2), (f)(1)(B), (f)(2), or (h) is a contractual obligation of the Government to pay the Government's share of the cost of the project only to the extent that amounts are provided in advance in an appropriations Act. ``(j) Availability of Amounts.--Amounts made available by or appropriated under subsections (a) through (h) shall remain available until expended.''. SEC. 3035. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM. (a) In General.--Section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392) is amended-- (1) by striking the section heading and inserting the following: ``SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM. ''; (2) by striking subsection (e) and inserting the following: ``(e) Federal Share of Costs.--The Federal share of costs under this section shall be provided from funds made available to carry out this section. The Federal share of the costs for a project shall not exceed 80 percent of the project cost.''; and (3) by striking subsection (g) and inserting the following: ``(g) Funding.-- ``(1) Of the amounts made available to carry out this section in each fiscal year, 75 percent shall be available for operators of over-the-road buses used substantially or exclusively in intercity, fixed-route over-the-road bus service to finance the incremental capital and training costs of the Department of Transportation's final rule regarding accessibility of over-the-road buses. Such amounts shall remain available until expended. ``(2) Of the amounts made available to carry out this section in each fiscal year, 25 percent shall be available for operators of other over-the-road bus service to finance the incremental capital and training costs of the Department of Transportation's final rule regarding accessibility of over-the-road buses. Such amounts shall remain available until expended.''. (b) Conforming Amendments.--The table of contents contained in section 1(b) of the Transportation Equity Act for the 21st Century (112 Stat. 107) is amended by striking the item relating to section 3038 and inserting the following: ``Sec. 3038. Over-the-road bus accessibility program.''. SEC. 3036. UPDATED TERMINOLOGY. (a) Amendments to Chapter 53.--Chapter 53 is amended-- (1) in the chapter heading by striking ``MASS'' and inserting ``PUBLIC''; (2) in section 5310(h) by striking ``Mass'' and inserting ``Public''; (3) in the subsection heading for section 5331(b) by striking ``Mass'' and inserting ``Public''; and (4) by striking ``mass'' each place it appears in such chapter before ``transportation'' and inserting ``public'', except in sections 5301(f), 5302(a)(7), 5315, 5323(a)(1), and 5323(a)(1)(B). (b) Table of Chapters.--The table of chapters for subtitle III is amended in the item relating to chapter 53 by striking ``mass'' and inserting ``public''. SEC. 3037. PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL PROJECTS. (a) Existing Full Funding Grant Agreements.--The following projects are authorized for final design and construction for existing full funding grant agreements in not less than the amount specified for each fiscal year: (1) Baltimore--Central LRT Double Tracking $39,367,154 for fiscal year 2004, $29,009,003 for fiscal year 2005, and $12,424,581 for fiscal year 2006. (2) Chicago--Chicago Transit Authority Douglas Branch Reconstruction $83,655,202 for fiscal year 2004, $85,000,000 for fiscal year 2005, and $45,145,190 for fiscal year 2006. (3) Chicago--Chicago Transit Authority Ravenswood Expansion Project $9,841,789 for fiscal year 2004, $40,000,000 for fiscal year 2005, $40,000,000 for fiscal year 2006, $40,000,000 for fiscal year 2007, $40,000,000 for fiscal year 2008, and $64,832,615 for fiscal year 2009. (4) Dallas--North Central LRT Extension $29,684,097 for fiscal year 2004. (5) Denver Southeast Corridor LRT $78,734,308 for fiscal year 2004, $80,000,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $80,000,000 for fiscal year 2007, and $76,552,758 for fiscal year 2008. (6) Fort Lauderdale--Tri-Rail Commuter Rail Upgrade $18,118,733 for fiscal year 2004 and $11,210,695 for fiscal year 2005. (7) Memphis--Medical Center Extension $9,101,281 for fiscal year 2004. (8) Metra North Central Corridor Commuter Rail $19,177,300 for fiscal year 2004, $20,000,000 for fiscal year 2005, and $20,613,452 for fiscal year 2006. (9) Metra Southwest Corridor Commuter Rail $15,000,000 for fiscal year 2004, $20,000,000 for fiscal year 2005, and $7,281,395 for fiscal year 2006. (10) Metra Union Pacific West Line Extension $17,000,000 for fiscal year 2004, $12,000,000 for fiscal year 2005, and $14,285,749 for fiscal year 2006. (11) Minneapolis--Hiawatha Corridor LRT $73,793,730 for fiscal year 2004 and $33,111,257 for fiscal year 2005. (12) New Jersey Urban Core--Hudson-Bergen LRT MOS-2 $98,417,885 for fiscal year 2004, $100,000,000 for fiscal year 2005, $100,000,000 for fiscal year 2006, $100,000,000 for fiscal year 2007, and $52,402,995 for fiscal year 2008. (13) New Jersey Urban Core--Newark-Elizabeth Rail Link MOS- 1 $22,209,000 for fiscal year 2004 and $1,342,076 for fiscal year 2005. (14) New Orleans MOS-1 Canal Street $22,922,877 for fiscal year 2004 and $16,455,206 for fiscal year 2005. (15) Pittsburgh--Stage II LRT Reconstruction $31,733,314 for fiscal year 2004 and $1,120,914 for fiscal year 2005. (16) Portland--Interstate MAX LRT Extension $76,273,861 for fiscal year 2004, $23,480,000 fiscal year 2005, and $18,104,710 for fiscal year 2006. (17) Salt Lake City--Medical Center $30,178,231 for fiscal year 2004 and $8,682,141 for fiscal year 2005. (18) San Diego--Mission Valley East LRT Extension $63,971,625 for fiscal year 2004, $81,640,000 fiscal year 2005, and $7,700,304 for fiscal year 2006. (19) San Diego--Oceanside Escondido Rail Corridor $47,240,585 for fiscal year 2004, $55,000,000 fiscal year 2005, and $12,211,061 for fiscal year 2006. (20) San Francisco--BART Extension to San Francisco Airport $98,417,890 for fiscal year 2004, $100,000,000 fiscal year 2005, and $81,855,680 for fiscal year 2006. (21) San Juan--Tren Urbano $19,683,577 for fiscal year 2004 and $54,818,940 fiscal year 2005. (22) Seattle--Central Link Initial Segment LRT $73,813,414 for fiscal year 2004, $80,00,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $80,000,000 for fiscal year 2007, $70,000,000 for fiscal year 2008, and $24,028,149 for fiscal year 2009. (23) Washington DC/MD--Largo Metrorail Extension $63,971,625 for fiscal year 2004 and $75,432,887 fiscal year 2005. (b) Final Design and Construction.--The following projects are authorized for final design and construction for fiscal years 2004 through 2009 under paragraphs (1)(B), (2)(A), and (2)(B)(ii) of section 5309(m) of title 49, United States Code: (1) Baltimore--MARC Commuter Rail Improvements. (2) Boston--Silver Line BRT Phase III. (3) Bridgeport--Intermodal Corridor. [[Page 6170]] (4) Central Phoenix--East Valley Corridor LRT extensions. (5) Charlotte--South Corridor LRT. (6) Cleveland--Euclid Corridor Bus Rapid Transit. (7) Dallas Area Rapid Transit--Northwest-Southeast Extension, Pleasant Grove to Farmers Branch. (8) Delaware--I-95 Corridor Commuter Rail. (9) Denver--West Corridor LRT. (10) El Paso-Juarez--International Fixed Guideway. (11) Harrisburg--Corridor One Commuter Rail (MOS-1), East Mechanicsburg-Lancaster, Pennsylvania. (12) Kansas City, Kansas--Southtown Commuter Rail. (13) Las Vegas--Monorail Transit Corridor Project, Phase II. (14) Los Angeles--Gold Line Phase 1 Eastside Extension. (15) Los Angeles--Gold Line Phase II Extension, Pasadena to Claremont. (16) Los Angeles MTA--Exposition LRT. (17) Miami-Dade Transit--North Corridor. (18) Minneapolis--North Star Corridor. (19) Missouri/Kansas--Interstate 35 Commuter Rail. (20) Nashua--Commuter Rail. (21) Nashville-Franklin, Tennessee Commuter Rail. (22) New Britain-Hartford Busway Project. (23) New Jersey Urban Core. (24) New Orleans--Desire Corridor Streetcar. (25) New York--Long Island Railroad East Side Access Project. (26) New York--Second Avenue Subway. (27) Norfolk Regional Light Rail. (28) Northern Virginia--Dulles Corridor Extension. (29) Orange County, California--Center Line LRT. (30) Philadelphia--Schuylkill Valley MetroRail. (31) Pittsburgh--North Shore Connector. (32) Portland, Oregon--Interstate MAX South LRT Extensions. (33) Sacramento--South Corridor (Phase 3), Downtown to Elk Grove. (34) Salt Lake City--Airport to University LRT. (35) Salt Lake City--Ogden-Provo Commuter Rail. (36) Salt Lake City--West Jordan LRT extension. (37) San Francisco MUNI--Third Street LRT-Phase I/II. (38) Santa Clara Valley Transit Authority--BART Extension to Santa Clara County. (39) Triangle Transit Authority, North Carolina--Regional Rail Project. (40) Washington County, Oregon--Commuter Rail. (41) Wasilla-Girdwood, Alaska--Commuter Rail. (c) Alternatives Analysis and Preliminary Engineering.--The following projects are authorized for alternatives analysis and preliminary engineering for fiscal years 2004 through 2009 under paragraphs (1)(B), (2)(A), and (2)(B)(ii) of section 5309(m) of title 49, United States Code: (1) Albuquerque--High Capacity Corridor. (2) Alburquerque-Santa Fe--New Mexico Commuter Rail. (3) Ann Arbor/Detroit--Commuter Rail. (4) Atlanta--GRTA I-75 Corridor, Wade Green Road-Akers Mill Road BRT/HOV. (5) Atlanta--North Line Corridor expansion project. (6) Atlanta--Belt Line C-Loop. (7) Atlanta--West Line Corridor. (8) Austin--San Antonio I-35 Commuter Rail. (9) Austin--Central LRT Line. (10) Baltimore Light Rail System Extensions. (11) Baton Rouge Bus Rapid Transit. (12) Birmingham, Alabama--Transit Corridor. (13) Boise--Downtown Circulator. (14) Boston--North Shore Corridor and Blue Line Extension. (15) Boston--North/South Rail Link. (16) Boston--Urban Ring BRT. (17) Broward County, Florida--Bus Rapid Transit. (18) Buffalo--Niagara Frontier Transit Authority Improvements. (19) Burlington-Clemmons, North Carolina--Piedmont Authority Regional Rail. (20) Charles Town-Ranson, West Virginia--MARC Commuter Rail Spur. (21) Charlotte--North Corridor Project. (22) Charlotte--Northeast Corridor Project. (23) Charlotte--Southeast-West Corridor Project. (24) Charlotte--Streetcar Loop Project. (25) Chicago CTA--Red Line Extension (95th Street to 130th Street/Stony Island). (26) Chicago CTA--Chicago Transit Hub (Circle Line-Ogden Streetcar). (27) Chicago CTA--Orange Line Extension (Midway Airport to Ford City). (28) Chicago CTA--Southeast Service-La Salle Street Station to Baltimore Race Track. (29) Chicago CTA--Yellow Line Extension (Dempster-Old Orchard). (30) Chula Vista, California--Bus Rapid Transit. (31) Cleveland-Akron-Canton (Northeast Ohio) Commuter Rail. (32) Coachella Valley--Indio-Palm Desert Bus Rapid Transit Connector. (33) Columbia, South Carolina--Light Rail. (34) Corpus Christi--Downtown Rail Trolley. (35) Dallas Area Rapid Transit--Rowlett LRT Extension. (36) Dallas Area Rapid Transit--Beltline to DFW Airport. (37) Denton County Transportation Authority, Texas--Fixed Guideway Project. (38) Denver--Gold Line Extension to Arvada. (39) Detroit--Center City Loop. (40) District of Columbia--Light Rail Starter Line. (41) Fairfax County, Virginia--Bus Rapid Transit/HOV. (42) Fitchburg, Massachusetts--Commuter Rail Extensions and Improvements. (43) Fort Lauderdale--Downtown Rail Link. (44) Fort Worth--Trinity Railway Express Commuter Rail Extension. (45) Fresno--Transit Corridor. (46) Galveston--Rail Trolley Extension. (47) Grand Rapids--Fixed Guideway Corridor Project. (48) Guam--Tumon Bay-Airport Light Rail. (49) Harrisburg--Corridor One Commuter Rail (MOS-2), East Mechanicsburg-Carlisle, Pennsylvania. (50) Honolulu--Downtown BRT. (51) Houston Advanced Transit Program Light Rail. (52) Indianapolis--System of Metropolitan Area Rapid Transit. (53) Kansas City, Missouri-Lawrence, Kansas--Commuter Rail. (54) Kansas City, Missouri--Regional BRT. (55) Kenosha-Racine-Milwaukee Metra Commuter Rail Extension (Wisconsin). (56) King County, Washington--I-405 Corridor Bus Rapid Transit. (57) Lakeview, Minnesota--Cedar Avenue Corridor Bus Rapid Transit. (58) Lane County, Oregon--Bus Rapid Transit, Phase 2. (59) Little Rock--River Rail Streetcar Extensions. (60) Little Rock--West Little Rock Commuter Rail. (61) Long Island Railroad--Nassau Hub. (62) Lorain-Cleveland Commuter Rail. (63) Los Angeles--Metrolink San Bernardino Line Improvements. (64) LOSSAN Del Mar-San Diego--Rail Corridor Improvements. (65) Madison and Dane Counties, Wisconsin--Transport 2020 Commuter Rail. (66) Maryland--I-270 Corridor Cities Transitway. (67) Maryland--Route 5 Corridor to Waldorf. (68) Memphis Regional Rail Plan. (69) Memphis, Medical Center Rail Extension to Airport. (70) Metra BNSF Naperville to Aurora Corridor Extension and Improvements. (71) Metra SouthEast Service Line Commuter Rail. (72) Metra STAR Line Inter-Suburban Commuter Rail. (73) Metra UP Northwest Line Core Capacity Upgrades. (74) Metra UP West Line Core Capacity Upgrades. (75) Miami-Dade Transit--Douglas Road Extension. (76) Miami-Dade Transit--East-West Corridor. (77) Miami-Dade Transit--Kendall Corridor. (78) Miami-Dade Transit--Northeast Corridor. (79) Miami-Dade Transit--Rail Extension to Florida City. (80) Middletown-South Fallsburg, New York, Passenger Rail. (81) Monterey County, California--Commuter Rail. (82) Montgomery and Prince George's Counties, Maryland-- Purple Line. (83) Nassau and Queens Counties, New York--LIRR Main Line Third Track Project. (84) New Haven, Connecticut-Hartford, Connecticut- Springfield, Massachusetts Commuter Line. (85) New Jersey Trans-Hudson Midtown Corridor. (86) New Jersey Transit--Northeast Corridor Trans-Hudson Commuter Rail Improvements. (87) New Jersey Transit--Morris/Essex/Boonton Trans-Hudson Commuter Rail Improvements. (88) New Jersey Transit--New York Susquehanna and Western RR Commuter Extension. (89) New Jersey Transit--West Trenton Line Commuter Line Service Extension. (90) New Orleans--Airport-CBD Commuter Rail. (91) New York--Rockaway-Brooklyn Army Terminal-Manhattan Ferry Service. (92) New York--Staten Island to Manhattan High-Speed Ferry Service Extension. (93) New York--Stewart Airport Rail Access. (94) Newburg, New York--LRT System. (95) Northern Indiana--Commuter District Line. (96) Northern Indiana--West Lake Commuter Rail Link (South Shore Commuter Rail). (97) Norfolk--Naval Station Corridor. (98) Northern Virginia--Jefferson Davis Transitway (Columbia Pike to Pentagon). (99) Pittsburgh--Martin Luther King, Jr. Busway Extension. (100) Orlando--I-4 Central Florida Commuter Rail System. (101) Pawtucket, Rhode Island Commuter Rail Improvement Program. (102) Philadelphia--Route 100 Rapid Trolley Extension to King of Prussia. (103) Philadelphia--Broad Street Subway Line Extension. (104) Pittsburgh--East-West Corridor Rapid Transit. (105) Pittsburgh--Martin Luther King, Jr. Busway Extension. (106) Portland Streetcar Extension to City of Lake Oswego. [[Page 6171]] (107) Quakertown-Stoney Creek, Pennsylvania--Rail Restoration. (108) Raritan Valley, New Jersey--Commuter Rail. (109) Reno, Nevada--Virginia Street Bus Rapid Transit Project. (110) Riverside-Perris, California--Rail Passenger Service. (111) Roaring Fork Valley, Colorado--Bus Rapid Transit. (112) Rock Island, Illinois--Quad Cities Rapid Transit System. (113) Sacramento--Regional Rail, Dixon to Bowman. (114) Sacramento--Downtown/Natomas Airport Transit Corridor. (115) San Antonio--Bus Rapid Transit. (116) San Francisco--BART Extension, Pittsburg to Tracy. (117) San Francisco--BART Extension to Livermore. (118) San Francisco--BART Extension to Oakland International Airport. (119) San Francisco--Geary Boulevard Bus Rapid Transit. (120) San Joaquin Regional Rail Commission Commuter Rail (Altamont Commuter Express). (121) San Juan Tren Urbano--Extension from Rio Piedras to Carolina. (122) Santa Fe--El Dorado Rail Link. (123) Seattle--Monorail Project. (124) Sevierville to Pigeon Ford, Tennessee--Bus Rapid Transit. (125) Sonoma/Marin (SMART) Commuter Rail, California. (126) South Carolina High Speed Rail Corridor. (127) Southern California High Speed Regional Transit. (128) St. Louis Metro Link--Scott AFB to Mid America Airport. (129) St. Louis--East/West Gateway. (130) St. Louis--Metro Link Northside Daniel Boone Project. (131) St. Louis--Metro South Corridor. (132) St. Louis--University Downtown Trolley. (133) Stamford, Connecticut--Urban Transitway Phase II. (134) Toledo, Ohio--CBD to Zoo. (135) Toledo, Ohio--University Corridor. (136) Trenton Trolley. (137) Tri-Rail Dolphin Extension. (138) Tri-Rail Florida East Coast Commuter Rail Extension. (139) Tucson--Old Pueblo Trolley Expansion. (140) Tulsa, Oklahoma, Light Rail. (141) Vancouver--Interstate MAX Extension to Clark County, Washington. (142) Virginia Railway Express Capacity Improvements. (143) Williamsburg-Newport News--Peninsula Rail Transit. (d) Other Project Authorizations.--Of the amount authorized under section 5338(h) in fiscal year 2005 to carry out section 5309(m)(2)(B)(ii), the Secretary shall make funds available to the following projects for final design and construction in an amount not to exceed the amount specified: (1) Atlanta--North Springs Extension, $260,785. (2) Los Angeles--North Hollywood MOS-3, $663,339. (3) New Jersey Urban Core--Hudson Bergen LRT Phase I, $313,896. (4) Salt Lake City--CBD to University LRT, $1,127,405. (5) St. Louis-St. Clair--MetroLink Extension Phase IIa, $59,383. (e) Rules Relating to Funding.-- (1) Subsection (a) projects.-- (A) In general.--The Secretary is authorized to expend funds made available under section 5309(m) of title 49, United States Code, for final design and construction of projects authorized by subsection (a) as existing full funding grant agreements. (B) Minimum funding levels.--The Secretary shall make available not less than the following amounts for projects authorized by subsection (a): $1,042,307,000 for fiscal year 2004, $928,303,000 for fiscal year 2005, $519,622,000 for fiscal year 2006, $300,000,000 for fiscal year 2007, $238,956,000 for fiscal year 2008, and $88,861,000 for fiscal year 2009. (2) Subsection (b) projects.-- (A) In general.--Projects authorized by subsection (b) for final design and construction are also authorized for alternatives analysis and preliminary engineering. (B) Minimum funding levels.--The Secretary shall make available not less than the following amounts for projects authorized by subsection (b): $132,850,000 for fiscal year 2004, $350,000,000 for fiscal year 2005, $861,376,000 for fiscal year 2006, $1,180,821,000 for fiscal year 2007, $1,333,823,000 for fiscal year 2008, and $1,595,648,000 for fiscal year 2009. (C) Priority.--In making funds available under subparagraph (B), the Secretary shall first make such funds available for any full funding grant agreement executed by the Secretary in fiscal year 2004 after the date of enactment of this Act and for any full funding grant agreement executed by the Secretary in the amount indicated in fiscal years 2005 through 2009 in the amount indicated in the ``Schedule of Federal Funds for the Project'' included in such agreement. (3) Subsection (c) projects.-- (A) In general.--Effective October 1, 2006, projects authorized by subsection (c) for alternatives analysis and preliminary engineering are also authorized for final design and construction. (B) Maximum funding levels.--The Secretary shall make available not more than the following amounts for projects authorized by subsection (c): $102,188,000 for fiscal year 2004, $111,157,000 for fiscal year 2005, and $120,087,000 for fiscal year 2006. (C) Maximum funding levels for alternatives analysis and preliminary engineering.--In fiscal years 2007, 2008, and 2009, the Secretary shall make available not more than the following amounts for projects authorized by subsection (b), and projects authorized by subsection (c), to conduct alternatives analysis and preliminary engineering activities: $128,767,000 in fiscal year 2007, $136,763,000 in fiscal year 2008, and $146,479,000 in fiscal year 2009. (f) New Jersey Urban Core Project.--Section 3031(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (112 Stat. 380; 105 Stat. 2122) is amended-- (1) by striking ``associated components to and at the contiguous New Jersey Meadowlands Sports Complex),'' and inserting ``to and at the contiguous New Jersey Meadowlands Sports Complex), including a connection to the Hudson River Waterfront Transportation System, the Lackawanna Cutoff,''; and (2) by striking ``in Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as described in section 3035(p) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2131)'' and inserting ``from Lakehurst to the Northeast Corridor or the New Jersey Coast Line''. (g) New Jersey Trans-Hudson Midtown Corridor.--Project elements of the New Jersey Trans-Hudson Midtown Corridor advanced with 100 percent non-Federal funds shall be given consideration by the Federal Transit Administration when evaluating the local share and mobility improvements of the project in the new starts rating process, including the purchase of bilevel rail equipment. SEC. 3038. PROJECTS FOR BUS AND BUS-RELATED FACILITIES. Of the amounts made available to carry out section 5309(m)(2)(B)(iii) of title 49, United States Code, for each of fiscal years 2005 through 2007, the Secretary shall make funds available for the following projects in not less than the amounts specified for the fiscal year: ---------------------------------------------------------------------------------------------------------------- Project FY 05 FY 06 FY 07 ---------------------------------------------------------------------------------------------------------------- 1. Hillsborough County, FL - Replacement buses and vans......... $320,000.00 $330,000.00 $350,000.00 2. Winston-Salem, NC - Union Station Intermodal Transfer Center, $480,000.00 $495,000.00 $525,000.00 Martin Luther King Drive....................................... 3. Purchase of Buses; North Carolina Statewide Request (NCDOT).. $32,000.00 $33,000.00 $35,000.00 4. Geneva Parking Deck: Construction of a 3-tier commuter $1,280,000.00 $1,320,000.00 $1,400,000.00 Parking deck for metra service................................. 5. St. Charles, IL Intermodal Parking Structures................ $1,440,000.00 $1,485,000.00 $1,575,000.00 6. Clinton, NJ Construct an intermodal bus terminal and rail $320,000.00 $330,000.00 $350,000.00 station at the Intersection of I-78, Route 22 and the NJ Transit Raritan Valley Line in Clinton, NJ (Hunterdon County).. 7. Knoxville, TN intermodal facility............................ $3,264,000.00 $3,366,000.00 $3,570,000.00 8. Miami, FL Miami-Dade County Buses............................ $1,600,000.00 $1,650,000.00 $1,750,000.00 9. Pittburgh, PA - Purchase of new buses for Pittsburgh Port $160,000.00 $165,000.00 $175,000.00 Authority...................................................... 10. Lake Success, NY intermodal facility........................ $544,000.00 $561,000.00 $595,000.00 11. Charlotte, NC West Trade Street intermodal center........... $1,600,000.00 $1,650,000.00 $1,750,000.00 12. Corning, NY Transit Center.................................. $1,280,000.00 $1,320,000.00 $1,400,000.00 13. Burlington County, NJ New Jersey Transit buses.............. $1,008,000.00 $1,039,500.00 $1,102,500.00 14. Hamilton County, OH - Metro Bus Service Enhancements - $544,000.00 $561,000.00 $595,000.00 Neighborhood Transit Centers and Hubs.......................... [[Page 6172]] 15. Adams County Transit Authority, PA - Gettysburt transit $287,680.00 $296,670.00 $314,650.00 transfer center or other related projects...................... 16. Oneida County, NY - buses and facilities.................... $640,000.00 $660,000.00 $700,000.00 17. Utica, NY - Utica Union Station track improvements.......... $32,000.00 $33,000.00 $35,000.00 18. Utica and Thendara, NY - Install Two Handicap Lifts......... $32,000.00 $33,000.00 $35,000.00 19. Myrtle Beach, SC - Regional Multimodal Transit Center....... $320,000.00 $330,000.00 $350,000.00 20. Buffalo, NY intermodal facility............................. $1,280,000.00 $1,320,000.00 $1,400,000.00 21. Buffalo Niagara Medical Campus intermodal facility roadway, $640,000.00 $660,000.00 $700,000.00 streetscape, pedestrian, transit, and parking improvements..... 22. Juneau, AK transit bus acquisition and transit center....... $800,000.00 $825,000.00 $875,000.00 23. Roanoke, VA - Improve buses at Commonwealth Coach and $80,000.00 $82,500.00 $87,500.00 Trolley Museum................................................. 24. Roanoke, VA - Improve Virginian Railway Intermodal Station.. $80,000.00 $82,500.00 $87,500.00 25. City of Flagstaff, AZ Purchase of buses and bus related $240,000.00 $247,500.00 $262,500.00 facilities..................................................... 26. City of Sedona, AZ Purchase of buses and bus related $240,000.00 $247,500.00 $262,500.00 facilities..................................................... 27. Parking garage at SEPTA Market Street Elevated Line......... $1,280,000.00 $1,320,000.00 $1,400,000.00 28. Normal, IL Multimodal center that will provide for eight $640,000.00 $660,000.00 $700,000.00 transportation modes and help to redevelop Normal downtown area 29. San Joaquin, CA Altamont Commuter Express Corridor $1,280,000.00 $1,320,000.00 $1,400,000.00 intermodal centers............................................. 30. Cleveland Clinic Intermodal Center and Parking Facility..... $2,720,000.00 $2,805,000.00 $2,975,000.00 31. Cuyahoga County, OH University Hospital Intermodal Center $1,328,000.00 $1,369,500.00 $1,452,500.00 and related improvements....................................... 32. Akron Art Museum, OH enhancements & transit improvements/ $208,000.00 $214,500.00 $227,500.00 safety......................................................... 33. Coffman Cove, AK IFA ferry terminal......................... $1,024,000.00 $1,056,000.00 $1,120,000.00 34. Unalaska, AK Construction of AMHW ferry terminal including $2,400,000.00 $2,475,000.00 $2,625,000.00 approach, staging, and upland improvements..................... 35. St. Johns, MI buses......................................... $32,000.00 $33,000.00 $35,000.00 36. Eastlake Stadium, OH Transit Improvements................... $1,280,000.00 $1,320,000.00 $1,400,000.00 37. Cleveland Art Museum Intermodal Center and Parking Facility. $2,560,000.00 $2,640,000.00 $2,800,000.00 38. Joliet, IL For the construction of 1,000 commuter car $800,000.00 $825,000.00 $875,000.00 parking structure parking at Joliet Union station.............. 39. Grand Rapids, MI Bus replacement expansion.................. $4,797,760.00 $4,947,690.00 $5,247,550.00 40. Ionia County, MI - Vehicle replacement...................... $83,840.00 $86,460.00 $91,700.00 41. Barry County, MI bus maintenance equipment.................. $11,200.00 $11,550.00 $12,250.00 42. Sevierville to Pigeon Forge, TN BRT......................... $160,000.00 $165,000.00 $175,000.00 43. Lower Merion Township, PA relocate the SEPTA/AMTRAK Ardmore $2,329,600.00 $2,402,400.00 $2,548,000.00 Station........................................................ 44. Mammoth Lakes, CA expanded transit service.................. $160,000.00 $165,000.00 $175,000.00 45. Westmoreland County, PA Buses............................... $320,000.00 $330,000.00 $350,000.00 46. Warwick, NY Bus Depot and Shelters.......................... $160,000.00 $165,000.00 $175,000.00 47. Tempe/Scottsdale, AZ East Valley Bus Facility............... $1,600,000.00 $1,650,000.00 $1,750,000.00 48. Lancaster, PA Job Access buses and services................. $128,000.00 $132,000.00 $140,000.00 49. I-80/Howard Blvd New Jersey Transit Park and Ride........... $320,000.00 $330,000.00 $350,000.00 50. Calstart fuel cell buses.................................... $320,000.00 $330,000.00 $350,000.00 51. Coachella Valley, CA - Bus rapid transit, Cities of Indio/ $160,000.00 $165,000.00 $175,000.00 Palm Desert.................................................... 52. Spring Valley, CA Multi-Modal Center........................ $384,000.00 $396,000.00 $420,000.00 53. Escondido, CA Compressed Natural Gas (CNG) operation and $160,000.00 $165,000.00 $175,000.00 maintenance facility........................................... 54. San Diego, CA Off-street multimodal center and service $160,000.00 $165,000.00 $175,000.00 facility....................................................... 55. Roanoke, VA - Improve Link Passenger Rail Intermodal $160,000.00 $165,000.00 $175,000.00 Facility....................................................... 56. Zanesville, OH bus system signage and shelters.............. $20,800.00 $21,450.00 $22,750.00 57. Allegheny County, PA Clean Fuel Buses....................... $320,000.00 $330,000.00 $350,000.00 58. Mariposa, CA CNG-Hydrogen transit system with fueling $800,000.00 $825,000.00 $875,000.00 stations and buses for Yosemite National Park.................. 59. Northern Neck and Middle Peninsula, VA multi-modal bus $1,040,000.00 $1,072,500.00 $1,137,500.00 facilities..................................................... 60. Improvements to Metro North Railroad's Beacon Train Station. $160,000.00 $165,000.00 $175,000.00 61. Faquier County, VA Bealeton Station depot rehabilitation.... $88,000.00 $90,750.00 $96,250.00 62. Kearney, NE RYDE transit Bus and maintenance facility....... $608,000.00 $627,000.00 $665,000.00 63. Statewide, NE - Statewide rural transit needs assessment for $96,000.00 $99,000.00 $105,000.00 the state of Nebraska.......................................... 64. Trenton, NJ Intermodal Train Station reconstruction......... $800,000.00 $825,000.00 $875,000.00 65. York, PA Rabbittransit transit hubs and communications $886,560.00 $914,265.00 $969,675.00 equipment...................................................... 66. Harrison, AR Trolley Barn................................... $12,800.00 $13,200.00 $14,000.00 67. Dakota County, MN - Lakeview - Cedar Avenue Corridor BRT.... $1,600,000.00 $1,650,000.00 $1,750,000.00 68. Miami, FL Miami-Dade County Buses........................... $1,600,000.00 $1,650,000.00 $1,750,000.00 69. Monrovia, CA multi-modal regional transit center............ $960,000.00 $990,000.00 $1,050,000.00 70. Cleveland, OH Transit Improvements for the upcoming $48,000.00 $49,500.00 $52,500.00 International Children's Games................................. 71. Hampton Roads, VA Southside Bus Facility.................... $640,000.00 $660,000.00 $700,000.00 72. Denver, CO - Regional Transportation District Bus $1,280,000.00 $1,320,000.00 $1,400,000.00 Replacement.................................................... 73. Foothill Transit, CA commuter park and ride facilities...... $3,040,000.00 $3,135,000.00 $3,325,000.00 74. Salt Lake Community Collage, UT - Intermodal Hub............ $560,000.00 $577,500.00 $612,500.00 75. Fresno, CA low-emission transit vehicles.................... $800,000.00 $825,000.00 $875,000.00 76. Fredericksburg, VA VRE station restoration.................. $320,000.00 $330,000.00 $350,000.00 77. Lakewood, NJ bus route...................................... $240,000.00 $247,500.00 $262,500.00 78. Elmira, NY buses and related transit systems................ $160,000.00 $165,000.00 $175,000.00 79. South Bend, IN Operations Center / Mishawaka Transfer $320,000.00 $330,000.00 $350,000.00 Facility....................................................... [[Page 6173]] 80. Atlanta, GA - BRT/HOV project; I-75 from Wade Green road to $3,200,000.00 $3,300,000.00 $3,500,000.00 Akers Mill Road................................................ 81. Kodiak, AK Construction of AMHW ferry terminal and approach. $2,400,000.00 $2,475,000.00 $2,625,000.00 82. Utica, NY - Union Station canopy............................ $240,000.00 $247,500.00 $262,500.00 83. Shreveport, LA Intermodal Transit Facility.................. $1,072,000.00 $1,105,500.00 $1,172,500.00 84. Bend, Oregon Replacement of the city's 22 person vans....... $320,000.00 $330,000.00 $350,000.00 85. Pasadena to Claremont, CA Gold Line Light Rail Phase II $4,800,000.00 $4,950,000.00 $5,250,000.00 intermodal centers............................................. 86. NC - North Carolina Statewide Bus and Bus Facilities........ $5,952,000.00 $6,138,000.00 $6,510,000.00 87. Triad, NC - Multimodal facility to serve as the central $3,712,000.00 $3,828,000.00 $4,060,000.00 facility for the PART routes throughout the Triad region....... 88. High Point, NC - Home Funishings Market terminals/parking... $1,600,000.00 $1,650,000.00 $1,750,000.00 89. Cincinnati Zoo/Uptown Crossing, OH - Intermodal bus facility/ $416,000.00 $429,000.00 $455,000.00 commuter parking garage........................................ 90. Florida Keys Bus System Facility Improvements............... $160,000.00 $165,000.00 $175,000.00 91. Florida Keys Bus System Improvements, Job Access Reverse $160,000.00 $165,000.00 $175,000.00 Commute........................................................ 92. Rome, NY - VIP bus system................................... $80,000.00 $82,500.00 $87,500.00 93. Geneva, NY - Intermodal Facility renovations................ $345,600.00 $356,400.00 $378,000.00 94. Oneonta, NY - Heavy Duty Buses.............................. $80,000.00 $82,500.00 $87,500.00 95. Cooperstown, NY - Construct Cooperstown Intermodal Facility. $1,600,000.00 $1,650,000.00 $1,750,000.00 96. Seneca City Public Transit, NY - Develop a transportation $48,000.00 $49,500.00 $52,500.00 service plan for the county.................................... 97. Columbus, OH Paratransit and Small Bus Service Facility..... $1,600,000.00 $1,650,000.00 $1,750,000.00 98. Erie County, NY Niagara Frontier Transportation Authority $960,000.00 $990,000.00 $1,050,000.00 rehabilitation................................................. 99. Jamestown, NY intermodal facility........................... $480,000.00 $495,000.00 $525,000.00 100. Dunkirk, NY intermodal facility............................ $320,000.00 $330,000.00 $350,000.00 101. Tinley Park, IL - Commuter rail intermodal station at 80th $160,000.00 $165,000.00 $175,000.00 Avenue......................................................... 102. Londonderry, NH - Park and Ride Bus Facility at Exit 5..... $640,000.00 $660,000.00 $700,000.00 103. Enfield, CT - Enfield Intermodal Station on New Haven CT - $640,000.00 $660,000.00 $700,000.00 Springfield, MA Commuter Rail Line............................. 104. Atlanta, GA Atlanta Transportation Trolley Link clean fuel $1,600,000.00 $1,650,000.00 $1,750,000.00 transit vehicles............................................... 105. Stonington and Mystic, CT - Construct Stonington-Mystic $640,000.00 $660,000.00 $700,000.00 Village Intermodal Center Parking facility and Improve streetscapes................................................... 106. Atlanta, GA MARTA low- floor clean fuel buses.............. $3,200,000.00 $3,300,000.00 $3,500,000.00 107. Glenwood Park, PA Transit Center and adjacent park & ride $1,600,000.00 $1,650,000.00 $1,750,000.00 facility....................................................... 108. Beaver, PA - Expand and improve 2 park and ride facilities $160,000.00 $165,000.00 $175,000.00 in Beaver County, PA........................................... 109. Vernon, CT - Construct Vernon Intermodal Center, Parking $1,920,000.00 $1,980,000.00 $2,100,000.00 and Streetscapes............................................... 110. New London, CT - Improve New London Intermodal $480,000.00 $495,000.00 $525,000.00 Transportation Center Streetscapes and Traffic Flow............ 111. Warren, PA intermodal transportation center................ $960,000.00 $990,000.00 $1,050,000.00 112. Sharon, PA bus facilities, parking lots and bus stops...... $320,000.00 $330,000.00 $350,000.00 113. New Orleans, LA Multimodal Riverfront Center............... $160,000.00 $165,000.00 $175,000.00 114. Manchester, NH North River Road Intermodal Facility and $288,000.00 $297,000.00 $315,000.00 streetscape improvements....................................... 115. River parishes, LA South Central Planning and Development $320,000.00 $330,000.00 $350,000.00 Commission, bus and bus facilities............................. 116. Regional Planning Commission, New Orleans, LA bus and bus $160,000.00 $165,000.00 $175,000.00 facilities..................................................... 117. St. Bernard Parish, LA Intermodal facility improvements.... $320,000.00 $330,000.00 $350,000.00 118. Rockville, MD Maryland Avenue and Market Street Intermodal $1,280,000.00 $1,320,000.00 $1,400,000.00 Access Project................................................. 119. Detroit, MI Replacement bus facility....................... $240,000.00 $247,500.00 $262,500.00 120. Detroit, MI Replacement buses.............................. $240,000.00 $247,500.00 $262,500.00 121. Oakland, CA San Francisco Bay Trail, Oakland Coliseum - $288,000.00 $297,000.00 $315,000.00 Martin Luther King Jr. Regional Shoreline...................... 122. Covina/El Monte/Baldwin Park/Upland, CA Improve parking and $1,184,000.00 $1,221,000.00 $1,295,000.00 station access at Metrolink stations........................... 123. Bronx, NY Complete Penn Station/East Side Access Programs. $960,000.00 $990,000.00 $1,050,000.00 Upgrade Metro North stations in the Bronx and construct station at Yankee Stadium.............................................. 124. Nashville, TN Downtown Transit Transfer Facility........... $160,000.00 $165,000.00 $175,000.00 125. Sandy Hook National Park, NJ Connect passengers from lower $640,000.00 $660,000.00 $700,000.00 Manhattan & other NY/NJ ferry terminals through construction of a fixed & floating pier........................................ 126. Long Beach, CA Acquire property and construct a park and $320,000.00 $330,000.00 $350,000.00 ride structure in Downtown Long Beach.......................... 127. Camden County, NJ Intermodal facility serving critical bus $320,000.00 $330,000.00 $350,000.00 and rail lines to East and North Camden Neighborhoods.......... 128. New York City, NY Purchase Handicapped-Accessible Livery $320,000.00 $330,000.00 $350,000.00 Vehicles....................................................... 129. Glendale, CA CNG Buses..................................... $224,000.00 $231,000.00 $245,000.00 130. Las Vegas, NV Construct Las Vegas Center City Intermodal $960,000.00 $990,000.00 $1,050,000.00 Transportation Terminal........................................ 131. Middletown, CT Construct intermodal facility............... $160,000.00 $165,000.00 $175,000.00 132. Los Angeles County, CA Develop intermodal centers along the $256,000.00 $264,000.00 $280,000.00 Gold Line phase II rail project................................ 133. Los Angeles, CA Implement parking and electronic signage $640,000.00 $660,000.00 $700,000.00 improvements on the Metrolink commuter rail system............. 134. Corvallis, OR Bus Replacement.............................. $396,800.00 $409,200.00 $434,000.00 135. Eugene, OR Purchase new buses for Lane Transit District's $1,280,000.00 $1,320,000.00 $1,400,000.00 Bus Rapid Transit service...................................... [[Page 6174]] 136. Detroit, MI Mid-Life Vehicle Overhaul...................... $4,608,000.00 $4,752,000.00 $5,040,000.00 137. Torrington, CT Construct bus-related facility (Northwestern $640,000.00 $660,000.00 $700,000.00 Connecticut Central Transit District).......................... 138. Bronx, NY For the acquisition of buses to provide service $128,000.00 $132,000.00 $140,000.00 from the Jacobi Intermodal Center to North Central Bronx Hospital....................................................... 139. Columbia County, OR Purchase buses......................... $44,800.00 $46,200.00 $49,000.00 140. Yamhill County, OR Construction of bus shelters and park $21,440.00 $22,110.00 $23,450.00 and ride facilities in Yamhill County.......................... 141. Albany, OR Construct pathway at Multimodal Transit Station. $128,000.00 $132,000.00 $140,000.00 142. Miami-Dade County, FL County Buses......................... $1,888,000.00 $1,947,000.00 $2,065,000.00 143. Brownsville, TX Brownsville Urban System City-Wide Transit $640,000.00 $660,000.00 $700,000.00 Improvement project............................................ 144. Sandy City, UT Intermodal Hub and Station.................. $640,000.00 $660,000.00 $700,000.00 145. Howard County, MD Design and construct Howard County Bus $832,000.00 $858,000.00 $910,000.00 Operation Repair Facility...................................... 146. Carson, CA Purchase one bus................................ $80,000.00 $82,500.00 $87,500.00 147. Carson, CA Purchase two tripper buses...................... $160,000.00 $165,000.00 $175,000.00 148. Carson, CA Purchase one trolley-bus vehicle................ $80,000.00 $82,500.00 $87,500.00 149. Des Moines, IA Purchase currently leased 40-foot heavy-duty $640,000.00 $660,000.00 $700,000.00 buses.......................................................... 150. Bellflower, CA Conversion of an historic train depot into $88,000.00 $90,750.00 $96,250.00 an intermodal center........................................... 151. Bellflower, CA Bus shelter improvements.................... $80,000.00 $82,500.00 $87,500.00 152. Albany, GA Bus replacement program......................... $160,000.00 $165,000.00 $175,000.00 153. Sylvester, GA Intermodal Facility: Construction/restoration $96,000.00 $99,000.00 $105,000.00 of Train Depot for train, intercity bus, local transit, taxi... 154. Thomasville, GA Bus Replacement program.................... $64,000.00 $66,000.00 $70,000.00 155. Quitman County / Clay County / Randolph County / Stewart $160,000.00 $165,000.00 $175,000.00 County, GA Regional Rural Transit Bus Project (initiate joint/ cooperative rural transit program)............................. 156. Albany, GA Multi-modal facility (Construction of local $320,000.00 $330,000.00 $350,000.00 transit transfer station/garage/office headquarters, intercity bus, taxi)..................................................... 157. North Carolina expand bus facilities and buses statewide... $1,680,000.00 $1,732,500.00 $1,837,500.00 158. Charlotte, NC Design and construct new intermodal facility $160,000.00 $165,000.00 $175,000.00 housing intra-city buses, inter-city rail and commuter rail. (West Trade)................................................... 159. Carson/South Bay, CA Construct a transit center to serve $480,000.00 $495,000.00 $525,000.00 existing routes and additional MTA lines....................... 160. Compton, CA Construct fuel dispensing facility for the $480,000.00 $495,000.00 $525,000.00 transit CNG bus fleet.......................................... 161. Compton, CA Expand existing transit center in to a multi $992,000.00 $1,023,000.00 $1,085,000.00 modal transportation building.................................. 162. Los Angeles County, CA Construct commuter park-and-ride $256,000.00 $264,000.00 $280,000.00 facilities in the San Gabriel Valley........................... 163. Akron, OH Construct Downtown Multi-modal Transportation $1,280,000.00 $1,320,000.00 $1,400,000.00 Center......................................................... 164. Elyria, OH Construct the New York Central Train Station $655,360.00 $675,840.00 $716,800.00 into an intermodal transportation hub.......................... 165. Long Beach, CA Purchase ten clean fuel busses.............. $1,440,000.00 $1,485,000.00 $1,575,000.00 166. Los Angeles, CA Mission College Transit Center construction $160,000.00 $165,000.00 $175,000.00 167. Windfall, NC Purchase of buses............................. $40,000.00 $41,250.00 $43,750.00 168. Montgomery County, MD intermodal access programs in the $320,000.00 $330,000.00 $350,000.00 Silver Spring and Wheaton Central Business Districts........... 169. Compton, CA Improve 33 bus stops in the local transit $518,400.00 $534,600.00 $567,000.00 system and purchase 7 CNG buses................................ 170. St. Lucie County, FL Acquisition of Americans with $320,000.00 $330,000.00 $350,000.00 Disabilities Act compliant buses............................... 171. Los Angeles, CA California State University Northridge $104,000.00 $107,250.00 $113,750.00 propane-powered tram service project........................... 172. Jacksonville, FL Bus Facility Expansion.................... $640,000.00 $660,000.00 $700,000.00 173. Hampton Roads, VA Develop, design and build new Hampton $640,000.00 $660,000.00 $700,000.00 Roads Transit Southside Bus Facility to house bus fleet, maintenance, warehouse, and administrative functions........... 174. Phoenix, AZ West Phoenix Bus Facility...................... $1,920,000.00 $1,980,000.00 $2,100,000.00 175. Phoenix, AZ Phoenix Heavy Bus Facility..................... $320,000.00 $330,000.00 $350,000.00 176. Phoenix, AZ Phoenix Dial-a-Ride Operating Facility......... $320,000.00 $330,000.00 $350,000.00 177. Trenton, NJ Reconstruction and rehabilitation of the $2,352,000.00 $2,425,500.00 $2,572,500.00 Trenton Train Station.......................................... 178. La Crosse, WI Transit Center and Bus Replacement........... $160,000.00 $165,000.00 $175,000.00 179. Eau Claire, WI Transfer Center and Vehicle Replacement..... $160,000.00 $165,000.00 $175,000.00 180. Lowell, MA Lowell Regional Transit Authority transit buses. $864,000.00 $891,000.00 $945,000.00 181. Calexico, CA Purchase new buses for the Calexico Transit $160,000.00 $165,000.00 $175,000.00 System......................................................... 182. San Francisco, CA Redesign and renovate intermodal facility $1,056,000.00 $1,089,000.00 $1,155,000.00 at Glen Park Community......................................... 183. Cleveland, OH Buses and bus-related facilities............. $64,000.00 $66,000.00 $70,000.00 184. Cleveland, OH Construct intermodal facility................ $288,000.00 $297,000.00 $315,000.00 185. Cleveland, OH Construct intermodal facility on Euclid $160,000.00 $165,000.00 $175,000.00 Avenue......................................................... 186. Berkeley/Oakland, CA AC Transit Bus Rapid Transit, bus $640,000.00 $660,000.00 $700,000.00 shelters & intelligent systems, Berkeley-Oakland corridor project........................................................ [[Page 6175]] 187. Gardena, CA Purchase of alternate fuel buses for service $1,565,571.84 $1,614,495.96 $1,712,344.20 expansion, on-board security system and bus facility training equipment...................................................... 188. Wilmington, NC A multi-modal center for rail station and $240,000.00 $247,500.00 $262,500.00 downtown hub for city and intercity bus services............... 189. Westchester County, NY Acquisition of clean fuel buses..... $80,000.00 $82,500.00 $87,500.00 190. Pleasant Hill, CA Construct Diablo Valley College Bus $480,000.00 $495,000.00 $525,000.00 Transit Center................................................. 191. Rock Island, IL Construct bus and bus-related facilities... $160,000.00 $165,000.00 $175,000.00 192. Beckley, WV Beckley Intermodal Gateway, pursuant to the $7,680,000.00 $7,920,000.00 $8,400,000.00 eligibility provisions for projects listed under section 3030(d)(3) of P.L. 105-178..................................... 193. Newark, NJ Newark Penn Station Intermodal Improvements $320,000.00 $330,000.00 $350,000.00 including the rehabilitation of boarding areas................. 194. San Francisco, CA Construct Transbay Terminal.............. $4,480,000.00 $4,620,000.00 $4,900,000.00 195. Bronx, NY Conduct a study to construct an intermodal $112,000.00 $115,500.00 $122,500.00 facility in Riverdale/Kingsbridge.............................. 196. Philadelphia, PA Philadelphia Zoo Intermodal Transportation $2,211,672.00 $2,280,786.75 $2,419,016.25 project entailing parking consolidation, pedestrian walkways, public transportation complements, and landscape improvements to surface parking lots........................................ 197. Thurston County, WA Purchase buses to replace existing $288,000.00 $297,000.00 $315,000.00 equipment and expand service................................... 198. Gresham, OR Construction of a light rail station, bus, $480,000.00 $495,000.00 $525,000.00 bicycle and parking plaza facilities, and in support of transit- oriented development........................................... 199. New Jersey, Passaic Valley Intermodal and Parking $1,600,000.00 $1,650,000.00 $1,750,000.00 Facilities..................................................... 200. Denver, CO Construct intermodal center at Denver Union $3,200,000.00 $3,300,000.00 $3,500,000.00 Station........................................................ 201. Corpus Christi, TX Corpus Regional Transit Authority for $640,000.00 $660,000.00 $700,000.00 maintenance facility improvements.............................. 202. Albany, OR Rehabilitate building at Multimodal Transit $281,600.00 $290,400.00 $308,000.00 Station........................................................ 203. Alameda, CA Planning, design, construction of an aerial $640,000.00 $660,000.00 $700,000.00 tramway at the former Naval Air Station on Alameda Point to Oakland BART................................................... 204. Union City, CA Grade separation to provide new vehicle, $800,000.00 $825,000.00 $875,000.00 pedestrian, and bike access to BART............................ 205. Westchester County, NY Replacement of buses in $1,200,000.00 $1,237,500.00 $1,312,500.00 Westchester's Beeline fleet.................................... 206. Livermore, CA Construct Bus Facility for Livermore Amador $720,000.00 $742,500.00 $787,500.00 Valley Transit Authority....................................... 207. Martinez, CA Martinez Intermodal Facility Depot restoration $320,000.00 $330,000.00 $350,000.00 208. San Juan, PR Purchase of 27 new buses for replacement and $960,000.00 $990,000.00 $1,050,000.00 service expansion.............................................. 209. San Juan, PR Purchase of security cameras on board 404 $320,000.00 $330,000.00 $350,000.00 buses.......................................................... 210. Flint, MI Purchase new and replacement vehicles for $160,000.00 $165,000.00 $175,000.00 expanded job related service. Flint MTA........................ 211. Sonoma County, CA Purchase CNG buses....................... $160,000.00 $165,000.00 $175,000.00 212. Arlington, VA Improve pedestrian access, construct $1,600,000.00 $1,650,000.00 $1,750,000.00 shelters, and purchase buses to improve service along Columbia Pike corridor.................................................. 213. Santa Clara County, CA Purchase 6 hydrogen fuel-cell buses, $1,024,000.00 $1,056,000.00 $1,120,000.00 installation of fuel station, and modification of existing facilities for the new technology.............................. 214. Los Angeles, CA Improve Wilshire Vermont transit station to $320,000.00 $330,000.00 $350,000.00 provide improved pedestrian and intermodal access.............. 215. Indianapolis, IN Create downtown transit center for the $5,192,000.00 $5,354,250.00 $5,678,750.00 intra-city bus system.......................................... 216. Fairfax, VA Construct transit center and improve service $640,000.00 $660,000.00 $700,000.00 and pedestrian and passenger access on Richmond Highway........ 217. Alexandria, VA Purchase buses and relocate WMATA's 58-year $640,000.00 $660,000.00 $700,000.00 old Royal Street garage........................................ 218. Bar Harbor, ME Purchase new buses to enhance commuting near $96,000.00 $99,000.00 $105,000.00 the Jackson Labs............................................... 219. Los Angeles, CA Los Angeles City College Red Line $400,000.00 $412,500.00 $437,500.00 Pedestrian Connector Project to improve pedestrian access...... 220. Stanwood, WA Terry's Corner Park and Ride.................. $336,000.00 $346,500.00 $367,500.00 221. Denver, CO Construct intermodal facility at Stapleton as $640,000.00 $660,000.00 $700,000.00 part of FasTracks project...................................... 222. Alexandria, VA Construct shelters, walkways and traffic $800,000.00 $825,000.00 $875,000.00 light signals in Eisenhower Avenue area to increase bus ridership and improve connectivity to Metrorail stations....... 223. Island County, WA Island Transit Capital Improvements...... $768,000.00 $792,000.00 $840,000.00 224. Kansas City, MO Regional Bus rapid transit system.......... $640,000.00 $660,000.00 $700,000.00 225. Pittsburgh, PA For the purchase of clean fuel buses........ $160,000.00 $165,000.00 $175,000.00 226. Burbank, CA Construction of the Empire Area Transit Center $320,000.00 $330,000.00 $350,000.00 near the Burbank/Pasadena/Glendale Airport..................... 227. New Orleans, LA Plan and construct New Orleans Union $320,000.00 $330,000.00 $350,000.00 Passenger Terminal intermodal facilities....................... 228. Kansas City, MO Bus transit infrastructure................. $160,000.00 $165,000.00 $175,000.00 229. Dallas, TX Bus Passenger Facilities for Dallas Area Rapid $3,200,000.00 $3,300,000.00 $3,500,000.00 Transit: shelters, benches, and bus stop improvements.......... 230. Los Angeles, CA Reseda Blvd. Bus Rapid Transit Route, a $320,640.00 $330,660.00 $350,700.00 small-start project already begun by the LA MTA................ [[Page 6176]] 231. Monterey Park, CA Safety improvements at a bus stop $544,000.00 $561,000.00 $595,000.00 including creation of bus loading areas and street improvements 232. Washington, DC Purchase of clean fuel transit buses and $6,400,000.00 $6,600,000.00 $7,000,000.00 improved passenger facilities including bus system maps, dynamic bus arrival indicators and improved bus stop signage... 233. Cheltenham Township, PA Glenside Rail Station Parking $544,000.00 $561,000.00 $595,000.00 Garage project involving the construction of a 300-400 space parking lot @ Easton Road and Glenside Avenue.................. 234. San Mateo County, CA Install security cameras for buses and $384,000.00 $396,000.00 $420,000.00 passenger stations............................................. 235. Torrance, CA Acquisition of EPA and CARB-certified, low $1,280,000.00 $1,320,000.00 $1,400,000.00 emission replacement buses..................................... 236. Portland, OR Renovation of Union Station, including $32,000.00 $33,000.00 $35,000.00 structural reinforcement and public safety upgrades............ 237. Long Beach, CA Install security cameras on busses.......... $320,000.00 $330,000.00 $350,000.00 238. Pittsburgh, PA North Shore improvements. Funding for the $320,000.00 $330,000.00 $350,000.00 West End Bridge improvements, Intermodal Transportation Center, Brighton Road, Canal and Market Streets........................ 239. Los Angeles, CA Expand intermodal center at California $320,000.00 $330,000.00 $350,000.00 State University to accommodate additional buses, ADA improvements, upgrade lighting................................. 240. Cleveland, OH Construct intermodal center and bus $640,000.00 $660,000.00 $700,000.00 facilities at Euclid Avenue and East 96th Street............... 241. Brockton, MA Bus replacement for the Brockton Area Transit $480,000.00 $495,000.00 $525,000.00 Authority (BA4T)............................................... 242. Sacramento, CA Improvements to bus facilities.............. $1,600,000.00 $1,650,000.00 $1,750,000.00 243. Orange County, CA Purchase inter-county express buses for $320,000.00 $330,000.00 $350,000.00 Orange County Transportation Authority......................... 244. New Jersey, Community Shuttle Buses........................ $640,000.00 $660,000.00 $700,000.00 245. Nacogdoches, TX Bus fleet vehicle replacement for the $320,000.00 $330,000.00 $350,000.00 Brazos Transit District........................................ 246. Lufkin, TX Bus fleet vehicle replacement for the Brazos $320,000.00 $330,000.00 $350,000.00 Transit District............................................... 247. Burbank, CA Burbank Regional Intermodal Transportation $252,800.00 $260,700.00 $276,500.00 Center - Chandler Bikeway Extension............................ 248. Miramar, FL Miramar Transit Hub............................ $320,000.00 $330,000.00 $350,000.00 249. Atlanta, GA Redevelopment of the Metro Atlanta Rapid $1,894,400.00 $1,953,600.00 $2,072,000.00 Transit Authority Hamilton bus facility to support clean fuel buses.......................................................... 250. Rockport, MA Improvements to Rockport Station including $768,000.00 $792,000.00 $840,000.00 station renovations, barrier free access, and expanded parking. 251. Cleveland, OH Construct intermodal facility, East Side $1,920,000.00 $1,980,000.00 $2,100,000.00 Transit Authority.............................................. 252. Grants Pass, OR Purchase vehicles for use by Josephine $54,720.00 $56,430.00 $59,850.00 Community Transit.............................................. 253. Plantation, FL Construction of the Central Plantation $512,000.00 $528,000.00 $560,000.00 Transit Greenway System........................................ 254. Oakland, CA Pedestrian and bicycle-oriented improvements at $320,000.00 $330,000.00 $350,000.00 four BART Transit Villages..................................... 255. Santa Monica, CA Purchase and service Liquid Natural Gas $1,280,000.00 $1,320,000.00 $1,400,000.00 buses for Santa Monica Big Blue Bus to service increased ridership and reduce emissions................................. 256. Broward County, FL Buses and bus facilities................ $3,760,000.00 $3,877,500.00 $4,112,500.00 257. Glendale, CA Glendale Beeline Bus/Trolley System........... $416,000.00 $429,000.00 $455,000.00 258. Baldwin Park, CA Construct vehicle and bicycle parking lot $96,000.00 $99,000.00 $105,000.00 at and pedestrian rest area at transit center.................. 259. Baldwin Park, CA Construct new sidewalks, lighting, and $160,000.00 $165,000.00 $175,000.00 curbs between Metrolink station and downtown................... 260. Buses and bus related facilities throughout the state of $1,920,000.00 $1,980,000.00 $2,100,000.00 Connecticut.................................................... 261. Hartford, CT Buses and bus-related facilities.............. $1,280,000.00 $1,320,000.00 $1,400,000.00 262. New Jersey, Intermodal passenger transportation deployment $3,200,000.00 $3,300,000.00 $3,500,000.00 initiative for Passaic-Bergen DMU demonstration program........ 263. Santa Monica, CA Construction of intermodal facility and $720,000.00 $742,500.00 $787,500.00 purchase and service of buses for joint Santa Monica College and community transit service.................................. 264. Los Angeles, CA Improve transit shelters, sidewalks and $240,000.00 $247,500.00 $262,500.00 landscaping around Cedar's-Sinai Medical Center................ 265. Nassau County, NY Intermodal transportation improvements $2,240,000.00 $2,310,000.00 $2,450,000.00 for the Nassau HUB............................................. 266. Memphis, TN Memphis South Intermodal Center will be a major $960,000.00 $990,000.00 $1,050,000.00 connection point for local bus, intercity bus, automobiles and airport transportation......................................... 267. Tampa, FL Purchase replacement buses and vanpools.......... $160,000.00 $165,000.00 $175,000.00 268. San Jose, CA Reconstruct Santa Clara Valley Transportation $1,600,000.00 $1,650,000.00 $1,750,000.00 Authority's Cerone Operating Division Facilities............... 269. Belle Glade, FL Construction and Land Acquisition of a $960,000.00 $990,000.00 $1,050,000.00 Combined Passenger Transfer and Maintenance/Operations Facility 270. Denver, CO Construct bus maintenance facility.............. $320,000.00 $330,000.00 $350,000.00 271. Rhode Island Bus purchase and park & ride facilities....... $320,000.00 $330,000.00 $350,000.00 272. Monterey Park, CA Monterey Park Busline Intelligent Transit $192,000.00 $198,000.00 $210,000.00 Information system............................................. 273. Providence, RI Expansion of RIPTA Elmwood Facility for $960,000.00 $990,000.00 $1,050,000.00 Paratransit Maintenance........................................ 274. Johnson County, KS Bus and bus-related facilities (I-35 $640,000.00 $660,000.00 $700,000.00 Corridor)...................................................... 275. Santa Fe, NM Purchase Santa Fe Trails Downtown Transit $320,000.00 $330,000.00 $350,000.00 Center buses, support vehicles, paratransit vehicles, and six trolley buses for downtown shuttle service..................... [[Page 6177]] 276. Milwaukee County, WI Milwaukee County bus replacements..... $1,280,000.00 $1,320,000.00 $1,400,000.00 277. South San Francisco, CA Construct ferry terminal at Oyster $1,920,000.00 $1,980,000.00 $2,100,000.00 Point to provide ferry service from San Francisco by Water Transit Authority.............................................. 278. Niles, OH Bus and bus-related facilities................... $240,000.00 $247,500.00 $262,500.00 279. Rhode Island Bus Replacement............................... $1,280,000.00 $1,320,000.00 $1,400,000.00 280. San Diego, CA Construct intermodal transportation $960,000.00 $990,000.00 $1,050,000.00 management center to improve coordination, efficiency and security....................................................... 281. Las Vegas, NV Construct North Las Vegas Boulevard $960,000.00 $990,000.00 $1,050,000.00 Intermodal Transportation Terminal............................. 282. Lawrence, MA Parking and drainage related to a Regional $1,920,000.00 $1,980,000.00 $2,100,000.00 Intermodal Center.............................................. 283. Richmond, VA Bus Operation and Maintenance Facility for $480,000.00 $495,000.00 $525,000.00 Greater Richmond Transit Company............................... 284. Attleboro, MA Multimodal transit hub, including central bus $640,000.00 $660,000.00 $700,000.00 terminal, commuter park-and-ride garage, and improved access to commuter rail.................................................. 285. Miami Dade County, FL N.W. 7th Avenue Transit Hub.......... $1,440,000.00 $1,485,000.00 $1,575,000.00 286. Haverhill, MA Commuter rail parking........................ $320,000.00 $330,000.00 $350,000.00 287. Los Angeles, CA Install permanent irrigation system and $960,000.00 $990,000.00 $1,050,000.00 enhanced landscaping on San Fernando Valley bus rapid transitway..................................................... 288. St. Paul, MN Union Depot Multimodal Transportation Hub..... $2,240,000.00 $2,310,000.00 $2,450,000.00 289. Gainesville, FL Bus Replacement............................ $2,560,000.00 $2,640,000.00 $2,800,000.00 290. Salem, MA Design and Construction of station with 700-1000 $640,000.00 $660,000.00 $700,000.00 parking spaces, bus layover facility, including pedestrian- vehicle access................................................. 291. Richmond, VA Main Street Station project................... $352,000.00 $363,000.00 $385,000.00 292. Jacksonville, FL Bus Replacement........................... $2,240,000.00 $2,310,000.00 $2,450,000.00 293. Monmouth County, NJ Construction of main bus facility for $640,000.00 $660,000.00 $700,000.00 Freehold Township, including a terminal and repair shop........ 294. Falls Church, VA Design and build an intermodal transit $640,000.00 $660,000.00 $700,000.00 center in downtown Falls Church................................ 295. Beverly, MA Construction of a 500 space parking garage $640,000.00 $660,000.00 $700,000.00 adjacent to the Beverly depot.................................. 296. San Fernando, CA Construct CNG fueling station and other $416,000.00 $429,000.00 $455,000.00 related infrastructure......................................... 297. Rialto, CA Expansion parking lot at Metrolink station in $224,000.00 $231,000.00 $245,000.00 Rialto......................................................... 298. El Paso, TX Purchase of buses for the SMART Starter service $800,000.00 $825,000.00 $875,000.00 299. Luzerne County, PA For the acquisition of new public $160,000.00 $165,000.00 $175,000.00 transportation vehicles, includes buses and trolleys........... 300. San Antonio, TX VIA Metropolitan Transit - Purchase of new $2,240,000.00 $2,310,000.00 $2,450,000.00 buses to replace the aging bus fleet and paratransit vans and upgrade of the bus maintenance facility........................ 301. New York City, NY New Urban Center - Broadway Junction $307,200.00 $316,800.00 $336,000.00 Intermodal Facility............................................ 302. Jacksonville, FL Paratransit Program....................... $1,600,000.00 $1,650,000.00 $1,750,000.00 303. Las Vegas, NV Construct Las Vegas WestCare Intermodal $160,000.00 $165,000.00 $175,000.00 Facility....................................................... 304. Chicago, IL Construct intermodal facility at 35th Street at $1,536,000.00 $1,584,000.00 $1,680,000.00 Metra Red Line................................................. 305. San Diego, CA Widen sidewalks and bus stop entrance, and $64,000.00 $66,000.00 $70,000.00 provide diagonal parking, in the Skyline-Paradise Hills neighborhood................................................... 306. Culver City, CA Expand natural gas fuel facility, purchase $1,204,049.28 $1,241,675.82 $1,316,928.90 CNG buses...................................................... 307. Mukilteo, WA Mukilteo Multimodal Terminal.................. $1,856,000.00 $1,914,000.00 $2,030,000.00 308. S. Amboy, NJ Improvements to the rail, bus passenger, $2,560,000.00 $2,640,000.00 $2,800,000.00 parking facilities at S. Amboy station......................... 309. Detroit, MI Two new garage and fuel facilities for $160,000.00 $165,000.00 $175,000.00 Compressed Natural Gas buses................................... 310. Chicago, IL Feasibility study for intermodal station on the $160,000.00 $165,000.00 $175,000.00 Metra Rock Island near Kennedy-King College.................... 311. Detroit, MI Timed Transfer Center, providing child care $3,008,000.00 $3,102,000.00 $3,290,000.00 centers at transit transfer facilities......................... 312. Pottsville, PA Union Street Trade and Transfer Center $640,000.00 $660,000.00 $700,000.00 Intermodal Facility............................................ 313. Detroit, MI Bus Purchase................................... $416,000.00 $429,000.00 $455,000.00 314. Atlanta, GA Multi Modal Terminal for Amtrak, high speed $1,280,000.00 $1,320,000.00 $1,400,000.00 trains, and commuter buses in downtown Atlanta................. 315. Richmond, CA Design and construct transit structure for $1,280,000.00 $1,320,000.00 $1,400,000.00 Richmond BART station.......................................... 316. Baltimore, MD Studies, planning and construction of $1,600,000.00 $1,650,000.00 $1,750,000.00 Intermodal Terminal............................................ 317. City of Norwalk, CA EPA and CARB certified low emission $224,000.00 $231,000.00 $245,000.00 replacement & expansion buses; develop parking facility for users of LAX airport........................................... 318. Los Angeles, CA Expand Bus Rapid Transit on Crenshaw Blvd.. $2,185,390.72 $2,253,684.18 $2,390,271.10 319. City of Montebello, CA Replace 16 eighteen-year-old diesel $320,000.00 $330,000.00 $350,000.00 fueled bus with hybrid gas fueled bus.......................... 320. Tidewater, VA Eastern Seaboard Intermodal Transportation $448,000.00 $462,000.00 $490,000.00 Application Center at Hampton University....................... 321. Los Angeles, CA Purchase of clean fuel buses to improve bus $837,628.16 $863,804.04 $916,155.80 service in South Los Angeles................................... 322. Revere, MA Design and construction of an MBTA commuter rail $1,280,000.00 $1,320,000.00 $1,400,000.00 stop and parking garage........................................ [[Page 6178]] 323. Woburn, MA Expansion of commuter parking spaces at the MBTA $480,000.00 $495,000.00 $525,000.00 Transit Facility............................................... 324. Charlotte, NC Design and construct new bus garage to $416,000.00 $429,000.00 $455,000.00 support expansion of regional bus system....................... 325. Salem, OR Keizer Transit, bus and bus facilities........... $640,000.00 $660,000.00 $700,000.00 326. Tillamook County, OR Construction of a transit facility.... $32,000.00 $33,000.00 $35,000.00 327. Canby, OR bus replacement and bus facilities............... $48,000.00 $49,500.00 $52,500.00 328. Wilsonville, OR South Metro Area Regional Transit, bus and $80,000.00 $82,500.00 $87,500.00 bus facilities................................................. 329. Lincoln County, OR bus replacement......................... $80,000.00 $82,500.00 $87,500.00 330. Molalla, OR South Clackamas Transportation District, bus $32,000.00 $33,000.00 $35,000.00 replacement and expansion of service........................... 331. Chicago, IL Construct intermodal facility at Sheridan Road $96,000.00 $99,000.00 $105,000.00 and Loyola Avenue.............................................. 332. Philadelphia, PA PCDC Pedestrian facilities, safety $608,000.00 $627,000.00 $665,000.00 improvements, and motor vehicle access along Market St. Elevated Rail project.......................................... 333. Davis, CA Provide additional parking and enhancement to $480,000.00 $495,000.00 $525,000.00 entrance of the Davis Multi-modal station...................... 334. Woodland, CA Improve Yolobus Administration and Maintenance $800,000.00 $825,000.00 $875,000.00 Facilities..................................................... 335. Albany/Schenectady, NY Bus Facility Improvements in NY-5 $320,000.00 $330,000.00 $350,000.00 Corridor....................................................... 336. Jersey City, NJ Newport Station Intermodal Improvements.... $640,000.00 $660,000.00 $700,000.00 337. Galveston County, TX Intermodal facility to include bus and $320,000.00 $330,000.00 $350,000.00 car parking.................................................... 338. Maywood, IL Purchase buses................................. $14,400.00 $14,850.00 $15,750.00 339. Galveston, TX Galveston Intermodal facility................ $1,440,000.00 $1,485,000.00 $1,575,000.00 340. Elizabeth, NJ Bus Shelters................................. $320,000.00 $330,000.00 $350,000.00 341. Hingham, MA Hingham Marine Intermodal Center Improvements: $2,880,000.00 $2,970,000.00 $3,150,000.00 Enhance public transportation infrastructure/parking........... 342. New York City, NY First Phase Implementation of Bus Rapid $320,000.00 $330,000.00 $350,000.00 Transit System................................................. 343. Galveston, TX Relocation of rail facilities................ $480,000.00 $495,000.00 $525,000.00 344. Bronx, NY Establishment of a new intermodal facility near $80,000.00 $82,500.00 $87,500.00 Exit 6 of the Bronx River Parkway.............................. 345. Berkeley, CA Ed Roberts Campus: Intermodal transit center $960,000.00 $990,000.00 $1,050,000.00 above Ashby BART station providing multiple services for disabled people................................................ 346. Niagara Falls, NY Relocation and Development of Niagara $960,000.00 $990,000.00 $1,050,000.00 Falls International Railway Station/Intermodal Transportation Center......................................................... 347. Mountlake Terrace, WA Community Transit's Snohomish County $960,000.00 $990,000.00 $1,050,000.00 Park and Ride Expansion Program................................ 348. Town of North Hempstead, NY Acquisition and expansion of $320,000.00 $330,000.00 $350,000.00 commuter parking field adjacent to Albertson train station..... 349. Babylon, NY Design and construction of intermodal transit $1,040,000.00 $1,072,500.00 $1,137,500.00 facility in Wyandanch.......................................... 350. Suffolk County, NY Purchase four handicapped accessible $83,200.00 $85,800.00 $91,000.00 vans in Northport.............................................. 351. Piti, GU Construct Cabras Island Intermodal Facility....... $1,600,000.00 $1,650,000.00 $1,750,000.00 352. Lake Charles, LA Bus and bus related facilities............ $320,000.00 $330,000.00 $350,000.00 353. Normal, IL - Multimodal Transportation Center.............. $1,600,000.00 $1,650,000.00 $1,750,000.00 354. Champaign, IL - University of Illinois Research Park park $480,000.00 $495,000.00 $525,000.00 and ride/daycare facility...................................... 355. Mattoon, IL - historic railroad depot/intermodal center.... $480,000.00 $495,000.00 $525,000.00 ---------------------------------------------------------------------------------------------------------------- SEC. 3039. NATIONAL FUEL CELL BUS TECHNOLOGY DEVELOPMENT PROGRAM. (a) Establishment.--The Secretary shall establish a national fuel cell bus technology development program (in this section referred to as the ``program'') to facilitate the development of commercially viable fuel cell bus technology and related infrastructure. (b) General Authority.--The Secretary may enter into grants, contracts, and cooperative agreements with no more than 4 nonprofit organizations and recipients under chapter 53 of title 49, United States Code, to conduct fuel cell bus technology and infrastructure projects under the program. (c) Grant Criteria.--In selecting applicants for grants under the program, the Secretary shall consider the applicant's-- (1) ability to contribute significantly to furthering fuel cell technology as it relates to transit operations, including hydrogen production, energy storage, fuel cell technologies, vehicle systems integration, and power electronics technologies; (2) financing plan and cost share potential; (3) fuel cell technology to ensure that the program advances different fuel cell technologies, including hydrogen-fueled and methanol-powered liquid-fueled fuel cell technologies, that may be viable for public transportation systems; and (4) other criteria that the Secretary determines are necessary to carry out the program. (d) Competitive Grant Selection.--The Secretary shall conduct a national solicitation for applications for grants under the program. Grant recipients shall be selected on a competitive basis. The Secretary shall give priority consideration to applicants that have successfully managed advanced transportation technology projects, including projects related to hydrogen and fuel cell public transportation operations for a period of not less than 10 years. (e) Federal Share.--The Federal share of costs of the program shall be provided from funds made available to carry out this section. The Federal share of the cost of a project carried out under the program shall not exceed 50 percent of such cost. (f) Grant Requirements.--A grant under this section shall be subject to-- (1) all terms and conditions applicable to a grant made under section 5309 of title 49, United States Code; and (2) such other terms and conditions as are determined by the Secretary. SEC. 3040. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE WEIGHT RESTRICTIONS. Section 1023(h)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; 106 Stat. 1552) is amended by striking ``2003'' and inserting ``2009''. SEC. 3041. HIGH-INTENSITY SMALL-URBANIZED AREA FORMULA GRANT PROGRAM. (a) Definitions.--In this section, the following definitions apply: (1) Eligible area.--The term ``eligible area'' means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2). (2) Performance category.--The term ``performance category'' means each of the following: (A) Passenger miles traveled per vehicle revenue mile. (B) Passenger miles traveled per vehicle revenue hour. (C) Vehicle revenue miles per capita. (D) Vehicle revenue hours per capita. (E) Passenger miles traveled per capita. [[Page 6179]] (F) Passengers per capita. (b) General Authority.--In order to address the needs of small urbanized areas with unusually high levels of public transportation service, the Secretary shall make capital and operating grants under this section to eligible recipients described in subsection (d) for use in eligible areas. (c) Apportionment.-- (1) Apportionment formula.--Funds made available for grants under this section in a fiscal year shall be apportioned among eligible areas in the ratio that-- (A) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to (B) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999. (2) Data used in formula.--The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under section 5336 of title 49, United States Code. (d) Eligible Recipient.--Grant amounts apportioned to an eligible area under this section shall be made available to a public transportation agency or other governmental entity in the eligible area for obligation in the eligible area. (e) Government's Share of Costs.-- (1) Capital grants.--A grant for a capital project under this section (including associated capital maintenance items) shall be for 80 percent of the net capital costs of the project, as determined by the Secretary. The recipient may provide additional local matching amounts for such projects. (2) Operating grants.--A grant under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. (3) Remainder.--The remainder of the net project costs may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. (f) Period of Availability.--Funds apportioned under this section to an eligible area shall remain available for obligation in that eligible area for a period of 3 years after the last day of the fiscal year for which the funds are apportioned. Any amounts so apportioned that remain unobligated at the end of that period shall be added to the amount that may be apportioned under this section in the next fiscal year. (g) Application of Other Sections.--Sections 5302, 5318, 5323, 5332, 5333, and 5336(e) of title 49, United States Code, apply to this section and to a grant made under this section. (h) Funding.--Of the amounts made available to carry out section 5307 of title 49, United States Code, $35,000,000 for fiscal year 2004, $38,000,000 for fiscal year 2005, $41,000,000 for fiscal year 2006, $44,000,000 for fiscal year 2007, $47,000,000 for fiscal year 2008, and $50,000,000 for fiscal year 2009 shall be available to carry out this section. (i) Technical Amendments.--Section 5336 is amended-- (1) in subsection (a)-- (A) by striking ``of this title'' and inserting ``to carry out section 5307''; and (B) in paragraph (2) by inserting before the period at the end the following: ``, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations''; (2) in subsection (b)(1) by inserting ``and the Alaska Railroad passenger operations'' after ``recipient''; (3) in subsection (j) by striking ``a grant made under'' each place it appears and inserting ``a grant made with funds apportioned under''; and (4) in subsection (k)(1) by striking ``section 5302(a)(13) of this title'' and inserting ``section 5302(a)''. SEC. 3042. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS. (a) In General.--Amounts appropriated pursuant to section 5338(d) of title 49, United States Code, for national research and technology programs under sections 5312, 5314, and 5322 of such title shall be allocated by the Secretary as follows: (1) Safety and emergency preparedness.--For carrying out safety and emergency preparedness research activities consisting of technical assistance, training, and data analysis and reporting to improve public transportation system safety and security and emergency preparedness-- (A) $6,500,000 for fiscal year 2004; (B) $7,000,000 for fiscal year 2005; (C) $7,400,000 for fiscal year 2006; (D) $7,800,000 for fiscal year 2007; (E) $8,200,000 for fiscal year 2008; and (F) $8,700,000 for fiscal year 2009. (2) Equipment and infrastructure.--For carrying out equipment and infrastructure research activities on public transportation and infrastructure technologies and methods and voluntary industry standards development-- (A) $5,450,000 for fiscal year 2004; (B) $5,700,000 for fiscal year 2005; (C) $6,200,000 for fiscal year 2006; (D) $6,550,000 for fiscal year 2007; (E) $6,900,000 for fiscal year 2008; and (F) $7,200,000 for fiscal year 2009. (3) Public transportation operations efficiency.--For carrying out public transportation operations efficiency research activities on high-performance public transportation services and other innovations in fleet operations and maintenance-- (A) $4,350,000 for fiscal year 2004; (B) $4,700,000 for fiscal year 2005; (C) $4,900,000 for fiscal year 2006; (D) $5,200,000 for fiscal year 2007; (E) $5,500,000 for fiscal year 2008; and (F) $5,800,000 for fiscal year 2009. (4) Energy independence and environmental protection.-- (A) In general.--For carrying out energy independence and environmental protection research activities on improved public transportation energy use and propulsion systems and public transportation oriented development-- (i) $3,450,000 for fiscal year 2004; (ii) $3,700,000 for fiscal year 2005; (iii) $3,900,000 for fiscal year 2006; (iv) $4,150,000 for fiscal year 2007; (v) $4,300,000 for fiscal year 2008; and (vi) $4,300,000 for fiscal year 2009. (B) Transit-oriented development center.--Of the funds allocated for each of fiscal years 2005 through 2009 under subparagraph (A), not less than $1,000,000 shall be made available by the Secretary for establishment and operation of a national center for transit-oriented development-- (i) to develop standards and definitions for transit- oriented development adjacent to public transportation facilities; (ii) to develop system planning guidance, performance criteria, and modeling techniques for metropolitan planning agencies and public transportation agencies to maximize ridership through land use planning and adjacent development; and (iii) to provide research support and technical assistance to public transportation agencies, metropolitan planning agencies, and other persons regarding transit-oriented development. (5) Mobility management.---- (A) In general.--or carrying out research activities on mobility management, as described in section 5302(a)(1) of title 49, United States Code-- (i) $6,500,000 for fiscal year 2004; (ii) $7,000,000 for fiscal year 2005; (iii) $7,400,000 for fiscal year 2006; (iv) $7,800,000 for fiscal year 2007; (v) $8,200,000 for fiscal year 2008; and (vi) $8,700,000 for fiscal year 2009. (B) Transportation equity research program.--Of the funds allocated for each of fiscal years 2005 through 2009 under subparagraph (A), not less than $1,000,000 shall be made available by the Secretary for research and demonstration activities that focus on the impacts that transportation planning, investment, and operations have on low-income and minority populations that are transit dependent. Such activities shall include the development of strategies to advance economic and community development in low-income and minority communities and the development of training programs that promote the employment of low-income and minority community residents on Federal-aid transportation projects constructed in their communities. (6) Public transportation capacity building.-- (A) In general.--For carrying out public transportation capacity building activities consisting of workforce and industry development, the International Mass Transportation Program, and technology transfer and industry adoption activities-- (i) $2,300,000 for fiscal year 2004; (ii) $2,400,000 for fiscal year 2005; (iii) $2,500,000 for fiscal year 2006; (iv) $2,600,000 for fiscal year 2007; (v) $2,700,000 for fiscal year 2008; and (vi) $3,000,000 for fiscal year 2009. (B) Transit career ladder training program.--Of the funds allocated for each fiscal year under subparagraph (A), not less than $1,000,000 shall be available for a nationwide career ladder job training partnership program for public transportation employees to respond to technological changes in the public transportation industry, especially in the area of maintenance. Such program shall be carried out by the Secretary through a contract with a national nonprofit organization with a demonstrated capacity to develop and provide such programs. (7) Strategic planning and performance measures.--For carrying out strategic planning and performance measures consisting of policy and program development, research program planning and performance, evaluation, and industry outreach-- (A) $3,450,000 for fiscal year 2004; (B) $3,500,000 for fiscal year 2005; (C) $3,700,000 for fiscal year 2006; (D) $4,000,000 for fiscal year 2007; (E) $4,200,000 for fiscal year 2008; and (F) $4,300,000 for fiscal year 2009. (b) Remainder.--After making allocations under subsection (a) of this section and section 5338(d)(2) of title 49, United States Code, the remainder of funds made available by section 5338(d)(2) of such title for national research and technology programs under sections 5312, 5314, and 5322 for a fiscal year shall be allocated at the discretion of the Secretary to other transit research, development, demonstration and deployment projects authorized by sections 5312, 5314, and 5322 of such title. SEC. 3043. OBLIGATION CEILING. Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the [[Page 6180]] Highway Trust Fund by, and amounts appropriated under, subsections (a) through (f) of section 5338 of title 49, United States Code, shall not exceed-- (1) $7,266,000,000 for fiscal year 2004; (2) $7,750,000,000 for fiscal year 2005; (3) $8,266,000,000 for fiscal year 2006; (4) $8,816,000,000 for fiscal year 2007; (5) $9,403,000,000 for fiscal year 2008; and (6) $10,029,000,000 for fiscal year 2009. SEC. 3044. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 2004. (a) In General.--Notwithstanding any other provision of law, the Secretary shall ensure that the total apportionments and allocations made to a designated grant recipient under section 5338 of title 49, United States Code, for fiscal year 2004 shall be reduced by the amount apportioned to such designated recipient pursuant to section 9 of the Surface Transportation Extension Act of 2004. (b) Fixed Guideway Modernization Adjustment.--In making the apportionments described in subsection (a), the Secretary shall adjust the amount apportioned to each urbanized area for fixed guideway modernization for fiscal year 2004 to reflect the method for apportioning funds in section 5337(a) of title 49, United States Code. TITLE IV--MOTOR CARRIER TRANSPORTATION AND SAFETY Subtitle A--Commercial Motor Vehicle Safety SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. (a) Administrative Expenses.--Section 31104 of title 49, United States Code, is amended by adding the following at the end: ``(i) Administrative Expenses.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration-- ``(A) $196,000,000 for fiscal year 2004; ``(B) $208,000,000 for fiscal year 2005; ``(C) $215,000,000 for fiscal year 2006; ``(D) $221,000,000 for fiscal year 2007; ``(E) $226,000,000 for fiscal year 2008; and ``(F) $232,000,000 for fiscal year 2009. ``(2) Use of funds.--The funds authorized by this subsection shall be used for personnel costs; administrative infrastructure; rent; information technology; programs for research and technology, information management, regulatory development (including a medical review board), the administration of the performance and registration information system management, and outreach and education; other operating expenses; and such other expenses as may from time to time become necessary to implement statutory mandates of the Administration not funded from other sources. ``(3) Period of availability.--The amounts made available under this section shall remain available until expended. ``(4) Initial date of availability.--Authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out subtitle IV, part B, and subtitle VI, part B, of this title, or the provisions of title IV of the Transportation Equity Act: A Legacy for Users, shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. ``(5) Contract authority.--Approval by the Secretary of a grant with funds made available under paragraph (4) imposes upon the United States a contractual obligation for payment of the Government's share of costs incurred in carrying out the objectives of the grant.''. (b) Grant Programs.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) the following sums for the following Federal Motor Carrier Safety Administration programs: (1) For commercial driver's license program improvement grants under section 31313 of title 49, United States Code-- (A) $22,000,000 for fiscal year 2005; (B) $23,000,000 for each of fiscal years 2006 and 2007; (C) $24,000,000 for fiscal year 2008; and (D) $25,000,000 for fiscal year 2009. (2) For border enforcement grants under section 31107 of such title-- (A) $32,000,000 for fiscal year 2005; (B) $32,000,000 for fiscal year 2006; (C) $32,000,000 for fiscal year 2007; (D) $32,000,000 for fiscal year 2008; and (E) $32,000,000 for fiscal year 2009. (3) For the performance and registration information system management grant program under section 31109 of such title-- (A) $4,000,000 for fiscal year 2005; (B) $4,000,000 for fiscal year 2006; (C) $4,000,000 for fiscal year 2007; (D) $4,000,000 for fiscal year 2008; and (E) $4,000,000 for fiscal year 2009. (4) Commercial vehicle information systems and networks deployment.--For carrying out the commercial vehicle information systems and networks deployment program under section 4009 of this Act, $22,000,000 for each of fiscal years 2005 through 2009. (c) Period of Availability.--The amounts made available under subsection (b) of this section shall remain available until expended. (d) Initial Date of Availability.--Amounts authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) by subsection (b) shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. (e) Contract Authority.--Approval by the Secretary of a grant with funds made available under subsection (b) imposes upon the United States a contractual obligation for payment of the Government's share of costs incurred in carrying out the objectives of the grant. SEC. 4102. MOTOR CARRIER SAFETY GRANTS. (a) State Plan Contents.--Section 31102(b)(1) of title 49, United States Code, is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) implements performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs;''; (2) by striking subparagraph (Q) and inserting the following: ``(Q) provides that the State has established a program to ensure accurate, complete, and timely motor carrier safety data is collected and reported to the Secretary and that the State will participate in a national motor carrier safety data correction system prescribed by the Secretary;''; (3) by aligning subparagraph (R) with subparagraph (S); (4) by striking ``and'' at the end of subparagraph (S); (5) by striking the period at the end of subparagraph (T) and inserting a semicolon; and (6) by adding at the end the following: ``(U) provides that the State will include in the training manual for the licensing examination to drive a noncommercial motor vehicle and a commercial motor vehicle, information on best practices for driving safely in the vicinity of commercial motor vehicles and in the vicinity of noncommercial motor vehicles, respectively; ``(V) provides that the State will enforce the registration requirements of section 13902 by placing out of service any vehicle discovered to be operated by a motor carrier without a registration issued under such section or to be operating beyond the scope of such registration; and ``(W) provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors.''. (b) Use of Grants to Enforce Other Laws.--Section 31102 of such title is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Use of Grants to Enforce Other Laws.--A State may use amounts received under a grant under subsection (a)-- ``(1) for the following activities if the activities are carried out in conjunction with an appropriate inspection of the commercial motor vehicle to enforce Government or State commercial motor vehicle safety regulations: ``(A) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States; and ``(B) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle; and ``(2) for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles if the number of roadside safety inspections conducted in the State is maintained at a level at least equal to the average number conducted in the State in fiscal years 2001, 2002, and 2003; except that the State may not use more than 5 percent of the aggregate amount the State receives under the grant under subsection (a) for enforcement activities relating to noncommercial motor vehicles described in this paragraph.''; and (2) by adding at the end the following: ``(e) Annual Report.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate an annual report that describes the effect of activities carried out with funds from grants made under this section on commercial motor vehicle safety.''. (c) Authorization of Appropriations.--Section 31104(a) of such title is amended to read as follows: ``(a) In General.--Subject to subsection (f), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out section 31102-- ``(1) $168,000,000 for fiscal year 2004; ``(2) $183,000,000 for fiscal year 2005; ``(3) $185,000,000 for fiscal year 2006; ``(4) $190,000,000 for fiscal year 2007; ``(5) $195,000,000 for fiscal year 2008; and ``(6) $200,000,000 for fiscal year 2009.''. (d) New Entrant Audits.--Section 31104(f) of such title is amended-- (1) in paragraph (1) by striking ``deduction under subsection (e)'' and inserting ``deductions under subsection (e) and paragraphs (2) and (3)''; (2) the first sentence of paragraph (2)(A)-- (A) by striking ``or''; and [[Page 6181]] (B) by inserting after ``technologies'' the following: ``, or improve the quality and accuracy of data provided by the State''; (3) in paragraph (2)-- (A) by striking ``and border activities.--'' and all that follows through ``5 percent'' and inserting ``activities.-- The Secretary may designate up to 10 percent''; and (B) by striking subparagraph (B); and (4) by adding at the end the following: ``(3) New entrant audits.--The Secretary may deduct up to $15,000,000 of the amounts available under subsection (a) for a fiscal year for audits of new entrant motor carriers under section 31144(g).''. (e) Technical Amendments.--Sections 31102(b)(3) and 31103(a) of such title are amended by striking ``(1)(D)'' and inserting ``(1)(E)''. SEC. 4103. BORDER ENFORCEMENT GRANTS. (a) In General.--Chapter 311 of title 49, United States Code, is amended-- (1) by striking: ``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS'' and inserting: ``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS''; and (2) by striking section 31107 and inserting the following: ``Sec. 31107. Border enforcement grants ``(a) General Authority.--The Secretary of Transportation may make a grant in a fiscal year to a State that shares a land border with another country for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects. ``(b) Maintenance of Expenditures.--The Secretary may make a grant to a State under this section only if the State agrees that the total expenditure of amounts of the State and political subdivisions of the State, exclusive of amounts from the United States, for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects will be maintained at a level at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 fiscal years of the State ending before the date of enactment of the Transportation Equity Act: A Legacy for Users. ``(c) Government's Share of Costs.--The Secretary shall reimburse a State under a grant made under this section an amount that is not more than 100 percent of the costs incurred by the State in a fiscal year for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects. ``(d) Availability and Reallocation of Amounts.-- Allocations to a State remain available for expenditure in the State for the fiscal year in which they are allocated and for the next fiscal year. Amounts not expended by a State during those 2 fiscal years are available to the Secretary for reallocation under this section.''. (b) Conforming Amendments.--The analysis for such chapter is amended-- (1) by striking ``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS'' and inserting the following: ``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS''; and (2) by striking the item relating to section 31107 and inserting the following: ``31107. Border enforcement grants.''. SEC. 4104. COMMERCIAL DRIVER'S LICENSE IMPROVEMENTS. (a) State Grants.--Chapter 313 of title 49, United States Code, is amended by inserting after section 31312 the following: ``Sec. 31313. Grants for commercial driver's license program improvements ``(a) Grants for Commercial Driver's License Program Improvements.-- ``(1) General authority.--The Secretary of Transportation may make a grant to a State in a fiscal year-- ``(A) to comply with the requirements of section 31311; and ``(B) in the case of a State that is in substantial compliance with the requirements of section 31311 and this section, to improve its implementation of its commercial driver's license program. ``(2) Purposes for which grants may be used.--A State may use grants under paragraphs (1)(A) and (1)(B) only for expenses directly related to its compliance with section 31311; except that a grant under paragraph (1)(B) may be used for improving implementation of the State's commercial driver's license program, including expenses for computer hardware and software, publications, testing, personnel, training, and quality control. The grant may not be used to rent, lease, or buy land or buildings. ``(3) Application.--In order to receive a grant under this section, a State must submit an application for such grant that is in such form, and contains such information, as the Secretary may require. The application shall include the State's assessment of its commercial drivers license program. ``(4) Maintenance of expenditures.--The Secretary may make a grant to a State under this subsection only if the State agrees that the total expenditure of amounts of the State and political subdivisions of the State, exclusive of amounts from the United States, for the State's commercial driver's license program will be maintained at a level at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 fiscal years of the State ending before the date of enactment of the Transportation Equity Act: A Legacy for Users. ``(5) Government share.--The Secretary shall reimburse a State under a grant made under this subsection an amount that is not more than 80 percent of the costs incurred by the State in a fiscal year in complying with section 31311 and improving its implementation of its commercial driver's license program. In determining such costs, the Secretary shall include in-kind contributions by the State. Amounts required to be expended by the State under paragraph (4) may not be included as part of the non-Federal share of such costs. ``(b) High-Priority Activities.-- ``(1) Grants for national concerns.--The Secretary may make a grant to a State agency, local government, or other person for 100 percent of the costs of research, development, demonstration projects, public education, and other special activities and projects relating to commercial driver licensing and motor vehicle safety that are of benefit to all jurisdictions of the United States or are designed to address national safety concerns and circumstances. ``(2) Funding.--The Secretary may deduct up to 10 percent of the amounts made available to carry out this section for a fiscal year to make grants under this subsection.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 31312 the following: ``31313. Grants for commercial driver's license program improvements.''. (c) Amounts Withheld.--Subsections (a) and (b) of section 31314 of such title are each amended by inserting ``up to'' after ``withhold''. SEC. 4105. HOBBS ACT. (a) Jurisdiction of Court of Appeals Over Commercial Motor Vehicle Safety Regulation and Operators and Motor Carrier Safety.--Section 2342(3)(A) of title 28, United States Code, is amended by inserting before ``of title 49'' the following: ``, subchapter III of chapter 311, chapter 313, or chapter 315''. (b) Judicial Review.--Section 351(a) of title 49, United States Code, is amended by striking ``Federal Highway Administration'' and inserting ``Federal Motor Carrier Safety Administration''. (c) Authority to Carry Out Certain Transferred Duties and Powers.--Section 352 of title 49, United States Code, is amended by striking ``Federal Highway Administration'' and inserting ``Federal Motor Carrier Safety Administration''. SEC. 4106. PENALTY FOR DENIAL OF ACCESS TO RECORDS. Section 521(b) of title 49, United States Code, is amended-- (1) by striking ``(b)(1)(A) If the Secretary'' and inserting the following: ``(b) Violations Relating to Commercial Motor Vehicle Safety Regulation and Operators.-- ``(1) Notice.-- ``(A) In general.--If the Secretary''; and (2) by adding at the end of paragraph (2) the following: ``(E) Copying of records and access to equipment, lands, and buildings.--A person subject to chapter 51 or part B of subtitle VI who fails to allow the Secretary, or an employee designated by the Secretary, promptly upon demand to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property in accordance with section 504(c), 5121(c), or 14122(b) shall be liable to the United States for a civil penalty not to exceed $1,000 for each offense. Each day the Secretary is denied the right to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property shall constitute a separate offense; except that the total of all civil penalties against any violator for all offenses related to a single violation shall not exceed $10,000. It shall be a defense to such penalty that the records did not exist at the time of the Secretary's request or could not be timely produced without unreasonable expense or effort. Nothing in this subparagraph shall be construed as amending or superseding any remedy available to the Secretary under section 502(d), section 507(c), or any other provision of this title.''. SEC. 4107. MEDICAL REVIEW BOARD. Section 113 of title 49, United States Code, is amended by adding at the end the following: ``(j) Medical Review Board.-- ``(1) Establishment and function.--The Administrator shall establish a Medical Review Board as an advisory committee to provide the Administration with medical advice and recommendations on driver qualification medical standards and guidelines, medical examiner education, and medical research. ``(2) Composition.--The Medical Review Board shall consist of 5 members appointed for a term not to exceed 3 years by the Secretary from medical institutions and private medical practice. The membership shall reflect expertise in a variety of medical specialties relevant to the functions of the Administration.''. SEC. 4108. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE RECORDS. (a) Recordkeeping and Reporting Violations.--Section 521(b)(2)(B) of title 49, United States Code, is amended-- (1) in clause (i) by striking ``$500'' and inserting ``$1,000''; and (2) by striking ``$5,000'' each place it appears and inserting ``$10,000''. (b) Violations of Out-Of-Service Orders.--Section 31310(i)(2) of title 49, United States Code, is amended-- [[Page 6182]] (1) by striking ``Not later than December 18, 1992, the'' and inserting ``The''; (2) in subparagraph (A)-- (A) by striking ``90 days'' and inserting ``180 days''; and (B) by striking ``$1,000'' and inserting ``$2,500''; (3) in subparagraph (B)-- (A) by striking ``one year'' and inserting ``2 years''; and (B) by striking ``$1,000; and'' and inserting ``$5,000;''; (4) in subparagraph (C) by striking ``$10,000.'' and inserting ``$25,000; and''; and (5) by adding at the end the following: ``(D) an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a term not to exceed one year or a fine under title 18, or both.''. SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT. (a) In General.--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. (b) Purpose.--The program shall advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, commercial driver, and carrier-specific information systems and networks. (c) 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) Amount of grants.--The maximum aggregate amount the Secretary may grant to a State for the core deployment of commercial vehicle information systems and networks under this subsection and sections 5001(a)(5) and 5001(a)(6) of the Transportation Equity Act for the 21st Century (112 Stat. 420) may not exceed $2,500,000. (3) Use of funds.--Funds from a grant under this subsection may only be used for the core deployment of commercial vehicle information systems and networks. An eligible State that has either completed the core deployment of commercial vehicle information systems and networks or completed such deployment before grant funds are expended under this subsection may use the grant funds for the expanded deployment of commercial vehicle information systems and networks in the State. (d) Expanded Deployment Grants.-- (1) In general.--For each fiscal year, from the funds remaining after the Secretary has made grants under subsection (c), the Secretary may make grants to each eligible State, upon 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 in such State is eligible for an expanded deployment grant under this subsection. (3) Amount of grants.--Each fiscal year, the Secretary may distribute funds available for expanded deployment grants equally among the eligible States, but not to exceed $1,000,000 per 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. (e) Eligibility.--To be eligible for a grant under this section, a State-- (1) shall have a commercial vehicle information systems and networks program plan approved by the Secretary that describes the various systems and networks at the State level that need to be refined, revised, upgraded, or built to accomplish deployment of core capabilities; (2) shall certify to the Secretary that its commercial vehicle information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications-- (A) are consistent with the national intelligent transportation systems and commercial vehicle information systems and networks architectures and available standards; and (B) promote interoperability and efficiency to the extent practicable; and (3) shall agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for 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 not exceed 50 percent. The total Federal share of the cost of a project payable from all eligible sources shall not exceed 80 percent. (g) Definitions.--In this section, the following definitions apply: (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 motor 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 motor 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 motor vehicle operations.--The term ``commercial motor vehicle operations''-- (A) means motor carrier operations and motor vehicle regulatory activities associated with the commercial motor vehicle movement of goods, including hazardous materials, and passengers; and (B) with respect to the public sector, includes the issuance of operating credentials, the administration of motor vehicle and fuel taxes, and 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 the following capabilities: (A) Safety information exchange to-- (i) electronically collect and transmit commercial motor vehicle and driver inspection data at a majority of inspection sites in the State; (ii) connect to the safety and fitness electronic records system for access to interstate carrier and commercial motor vehicle data, summaries of past safety performance, and commercial motor vehicle credentials information; and (iii) exchange carrier data and commercial motor vehicle safety and credentials information within the State and connect to such system for access to interstate carrier and commercial motor vehicle data. (B) Interstate credentials administration to-- (i) perform end-to-end processing, including carrier application, jurisdiction application processing, and credential issuance, of at least the international registration plan and international fuel tax agreement credentials and extend this processing to other credentials, including intrastate registration, vehicle titling, oversize vehicle permits, overweight vehicle permits, carrier registration, and hazardous materials permits; (ii) connect to such plan and agreement clearinghouses; and (iii) have at least 10 percent of the credentialing transaction volume in the State handled electronically and have the capability to add more carriers and to extend to branch offices where applicable. (C) Roadside electronic screening to electronically screen transponder-equipped commercial vehicles at a minimum of one fixed or mobile inspection site in the State and to replicate this screening at other sites in the State. (4) Expanded deployment.--The term ``expanded deployment'' means the deployment of systems in a State that exceed the requirements of a core deployment of commercial vehicle information systems and networks, improve safety and the productivity of commercial motor vehicle operations, and enhance transportation security. (h) Repeal.--Section 5209 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 460-461) is repealed. SEC. 4110. SAFETY FITNESS. (a) In General.--Section 31144(a) of title 49, United States Code, is amended to read as follows: ``(a) In General.--The Secretary shall-- ``(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator in operations that affect interstate commerce; ``(2) periodically update such safety fitness determinations; ``(3) make such final safety fitness determinations readily available to the public; and ``(4) prescribe by regulation penalties for violations of this section consistent with section 521.''. (b) Prohibited Transportation.--The first subsection (c) of such section 31144 is amended by adding at the end the following: ``(5) Transportation affecting interstate commerce.--Owners or operators of commercial motor vehicles prohibited from operating in interstate commerce pursuant to paragraphs (1) through (3) may not operate any commercial motor vehicle that affects interstate commerce until the Secretary determines that such owner or operator is fit.''. (c) Determination of Unfitness by a State.--Such section 31144 is further amended-- (1) by redesignating subsections (d), (e), and the second subsection (c) as subsections (e), (f), and (g), respectively; (2) by inserting after the first subsection (c) the following: ``(d) Determination of Unfitness by a State.--If a State that receives a grant under section 31102 determines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of commercial motor vehicles that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from [[Page 6183]] operating such vehicles in the State, the Secretary shall prohibit the owner or operator from operating such vehicles in interstate commerce until the State determines that the owner or operator is fit.''; and (3) in subsection (g) (as redesignated by paragraph (1) of this subsection) by adding at the end the following: ``(5) Grants for audits.--From amounts deducted under section 31104(f)(3), the Secretary may make grants to States and local governments for new entrant motor carrier audits under this subsection without requiring a matching contribution from such States or local governments. ``(6) DOT audits.--If the Secretary determines that a State or local government is unable to use government employees to conduct new entrant motor carrier audits, the Secretary may utilize the funds deducted under section 31104(f)(3) to conduct such audits in areas under the jurisdiction of such State or local government.''. SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER OR BROKER MANAGEMENT. (a) Duties of Employers and Employees.--Section 31135 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``Each''; and (2) by adding at the end the following: ``(b) Pattern of Noncompliance.--If an officer of a motor carrier or broker engages in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations prescribed under this chapter, the Secretary may suspend, amend, or revoke any part of the registration of the motor carrier or broker under section 13905. ``(c) List of Proposed Officers.--Each person seeking registration as a motor carrier under section 13902 or as a broker under section 13904 shall submit a list of the proposed officers of the motor carrier or broker. If the Secretary determines that any of the proposed officers has previously engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing noncompliance, with regulations prescribed under this chapter, the Secretary may deny the person's application for registration as a motor carrier under section 13902(a)(3) or as a broker under section 13904(a). ``(d) Regulations.--The Secretary shall by regulation establish standards to implement subsections (b) and (c) and a procedure to allow a person who is denied registration under subsection (c) or whose registration is suspended, amended, or revoked under subsection (b) to remedy the pattern or practice that results in the denial, suspension, amendment, or revocation. ``(e) Definitions.--In this section, the following definitions shall apply: ``(1) Motor carrier and broker.--The terms `motor carrier' and `broker' have the meanings such terms have under section 13102. ``(2) Officer.--The term `officer' means an owner, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the title attached to those functions.''. (b) Motor Carrier Registration.--Section 13902(a)(1)(B) of such title is amended to read as follows: ``(B)(i) any safety regulations imposed by the Secretary; ``(ii) the duties of employers and employees established by the Secretary under section 31135; and ``(iii) the safety fitness requirements established by the Secretary under section 31144; and''. SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM. (a) In General.--Section 31108 of title 49, United States Code, is amended to read as follows: ``Sec. 31108. Motor carrier research and technology program ``(a) Research, Technology, and Technology Transfer Activities.-- ``(1) Establishment.--The Secretary of Transportation shall establish and carry out a motor carrier research and technology program. ``(2) Multi-year plan.--The program must include a multi- year research plan that focuses on nonredundant innovative research. ``(3) Research, development, and technology transfer activities.--The Secretary may carry out under the program research, development, technology, and technology transfer activities with respect to-- ``(A) the causes of accidents, injuries, and fatalities involving commercial motor vehicles; ``(B) means of reducing the number and severity of accidents, injuries, and fatalities involving commercial motor vehicles; ``(C) improving commercial motor vehicle and motor carrier safety, and industry efficiency, through technological improvement; ``(D) improving technology used by enforcement officers when conducting roadside inspections and compliance reviews to increase efficiency and information transfers; and ``(E) increasing the safety and security of hazardous materials transportation. ``(4) Tests and development.--The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process related to the research and technology program. ``(5) Training.--The Secretary may use the funds made available to carry out this section for training or education of commercial motor vehicle safety personnel, including training in accident reconstruction and detection of controlled substances or other contraband and stolen cargo or vehicles. ``(6) Procedures.--The Secretary may carry out this section-- ``(A) independently; ``(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or ``(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with, any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person. ``(7) Development and promotion of use of products.--The Secretary shall use funds made available to carry out this section to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs under this section. ``(b) Collaborative Research and Development.-- ``(1) In general.--To advance innovative solutions to problems involving commercial motor vehicle and motor carrier safety, security, and efficiency, and to stimulate the deployment of emerging 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, and sole proprietorships that are incorporated or established under the laws of any State; and ``(B) Federal laboratories. ``(2) Cooperative 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) Cost sharing.-- ``(A) Federal share.--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 associated with any such activity, the Secretary may approve a greater Federal share. ``(B) Treatment of directly incurred non-federal costs.-- All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware or software 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.).''. (b) Conforming Amendment.--The analysis for chapter 311 of such title is amended by striking the item relating to section 31108 and inserting the following: ``31108. Motor carrier research and technology program.''. SEC. 4113. INTERNATIONAL COOPERATION. (a) In General.--Chapter 311 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER IV--MISCELLANEOUS ``Sec. 31161. International cooperation ``The Secretary of Transportation is authorized to use funds made available by section 31104(i) to participate and cooperate in international activities to enhance motor carrier, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``SUBCHAPTER IV--MISCELLANEOUS ``31161. International cooperation.''. SEC. 4114. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT. (a) Design and Conditions for Participation.--Section 31106(b) of title 49, United States Code, is amended by striking paragraphs (2), (3), and (4) and inserting the following: ``(2) Design.--The program shall link Federal motor carrier safety information systems with State commercial vehicle registration and licensing systems and shall be designed to enable a State to-- ``(A) determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor carrier or while the license or registration is in effect; and ``(B) deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary. ``(3) Conditions for participation.--The Secretary shall require States, as a condition of participation in the program, to-- ``(A) comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4); and ``(B) possess or seek the authority to deny, suspend, or revoke commercial motor vehicle registrations based on the issuance of an operations out-of-service order by the Secretary.''. [[Page 6184]] (b) Performance and Registration Information System Management Grants.-- (1) In general.--Subchapter I of chapter 311 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 31109. Performance and registration information system management ``(a) In General.--The Secretary of Transportation may make a grant to a State to implement the performance and registration information system management requirements of section 31106(b). ``(b) Availability of Amounts.--Amounts made available to a State under this section shall remain available until expended.''. (2) Conforming amendment.--The analysis for such subchapter is amended by adding at the end the following: ``31109. Performance and registration information system management.''. SEC. 4115. DATA QUALITY IMPROVEMENT. Section 31106(a)(3) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting a semicolon; and (3) by adding at the end the following: ``(F) ensure, to the maximum extent practical, all the data is complete, timely, and accurate across all information systems and initiatives; and ``(G) establish and implement a national motor carrier safety data correction system.''. SEC. 4116. DRIVEAWAY SADDLEMOUNT VEHICLES. (a) Definition.--Section 31111(a) of tile 49, United States Code, is amended by adding at the end of the following: ``(4) Drive-away saddlemount with fullmount vehicle transporter combination.--The term `drive-away saddlemount with fullmount vehicle transporter combination' means a vehicle combination designed and specifically used to tow up to 3 trucks or truck tractors, each connected by a saddle to the frame or fifth-wheel of the forward vehicle of the truck or truck tractor in front of it.''. (b) General Limitations.--Section 31111(b)(1) of such title is amended-- (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (2) by inserting after subparagraph (C) the following: ``(D) imposes a vehicle length limitation of not less than or more than 97 feet on a driveaway saddlemount with fullmount vehicle transporter combinations;''. SEC. 4117. COMPLETION OF UNIFORM CARRIER REGISTRATION. (a) In General.--Section 14504 of title 49, United States Code, and the item relating to such section in analysis for chapter 145 of such title, are repealed. (b) Conforming Amendments.--Section 13908 of such title is amended-- (1) in subsection (a) by striking ``the single State registration system under section 14504,''; (2) in subsection (b)-- (A) by striking paragraphs (2) and (3); and (B) by redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively; (3) by striking subsection (d); and (4) by striking ``(e) Deadline for Conclusion; Modification.--'' and all that follows through ``1996,'' and inserting the following: ``(d) Deadline for Completion.--Not later than 1 year after the date of enactment of the Transportation Equity Act: A Legacy for Users,''. SEC. 4118. REGISTRATION OF MOTOR CARRIERS AND FREIGHT FORWARDERS. (a) Definitions Relating to Motor Carriers.--Paragraphs (6), (7), (12), and (13) of section 13102 of title 49, United States Code, are each amended by striking ``motor vehicle'' and inserting ``commercial motor vehicle (as defined in section 31132)''. (b) Freight Forwarders.--Section 13903(a) of title 49, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) Household goods.--The Secretary''; (2) by inserting ``of household goods'' after ``freight forwarder''; and (3) by adding at the end the following: ``(2) Others.--The Secretary may register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder (other than a freight forwarder of household goods) if the Secretary finds that such registration is needed for the protection of shippers and that the person is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary and Board.''. SEC. 4119. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO HIGHWAY TRUST FUND. Sections 31138(d)(5) and 31139(f)(5) of title 49, United States Code, are each amended by striking ``Treasury as miscellaneous receipts'' and inserting ``Highway Trust Fund (other than the Mass Transit Account)''. SEC. 4120. OUTREACH AND EDUCATION. (a) In General.--The Secretary shall conduct, through any combination of grants, contracts, or cooperative agreements, an outreach and education program to be administered by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration. (b) Program Elements.--The program shall include, at a minimum, the following: (1) A program to promote a more comprehensive and national effort to educate commercial motor vehicle drivers and passenger vehicle drivers about how commercial motor vehicle drivers and passenger vehicle drivers can more safely share the road with each other. (2) A program to promote enhanced traffic enforcement efforts aimed at reducing the incidence of the most common unsafe driving behaviors that cause or contribute to crashes involving commercial motor vehicles and passenger vehicles. (3) A program to establish a public-private partnership to provide resources and expertise for the development and dissemination of information relating to sharing the road referred to in paragraphs (1) and (2) to each partner's constituents and to the general public through the use of brochures, videos, paid and public advertisements, the Internet, and other media. (c) Federal Share.--The Federal share of a program or activity for which a grant is made under this section shall be 100 percent of the cost of such program or activity. (d) Annual Report.--The Secretary shall prepare and transmit to Congress an annual report on the programs and activities carried out under this section. (e) Funding.--From amounts made available under section 31104(i) of title 49, United States Code, the Secretary shall make available $1,000,000 to the Federal Motor Carrier Safety Administration, and $3,000,000 to the National Highway Traffic Safety Administration, for each of fiscal years 2004, 2005, 2006, 2007, 2008, and 2009 to carry out this section. SEC. 4121. INSULIN TREATED DIABETES MELLITUS. (a) No Period of Commercial Driving While Using Insulin Required for Qualification.--The Secretary may not require individuals with insulin-treated diabetes mellitus to have experience operating commercial motor vehicles while using insulin in order to qualify to operate a commercial motor vehicle in interstate commerce. (b) Minimum Period of Insulin Use.--Subject to subsection (a), the Secretary shall require individuals with insulin- treated diabetes mellitus to have a minimum period of insulin use to demonstrate stable control of diabetes before operating a commercial motor vehicle in interstate commerce. For individuals who have been newly diagnosed with type 1 diabetes, the minimum period of insulin use may not exceed 2 months, unless directed by the treating physician. For individuals who have type 2 diabetes and are converting to insulin use, the minimum period of insulin use may not exceed 1 month, unless directed by the treating physician. (c) Limitations.--Insulin-treated individuals may not be held by the Secretary to a higher standard of physical qualification in order to operate a commercial motor vehicle in interstate commerce than other individuals applying to operate, or operating, a commercial motor vehicle in interstate commerce; except to the extent that limited operating, monitoring, and medical requirements are deemed medically necessary under regulations issued by the Secretary. SEC. 4122. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS. (a) Establishment.--The Secretary shall establish a grant program for training operators of commercial motor vehicles (as defined in section 31301 of title 49, United States Code). The purpose of the program shall be to train operators and future operators in the safe use of such vehicle. (b) Federal Share.--The Federal share of the cost for which a grant is made under this section shall be 80 percent. (c) Funding.--From amounts made available under section 31104(i) of title 49, United States Code, the Secretary shall make available $1,000,000 for each of fiscal years 2004, 2005, 2006, 2007, 2008, and 2009 to carry out this section. SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE. (a) Establishment.--The Secretary shall establish a commercial motor vehicle safety advisory committee to provide advice and recommendations to the Secretary on commercial motor vehicle safety regulations and other matters relating to activities and functions of the Federal Motor Carrier Safety Administration. (b) Composition.--The members of the advisory committee shall be appointed by the Secretary and shall include representatives of the motor carrier industry, drivers, safety advocates, manufacturers, safety enforcement officials, law enforcement agencies of border States, and other individuals affected by rulemakings under consideration by the Department of Transportation. Representatives of a single interest group may not constitute a majority of the members of the advisory committee. (c) Termination Date.--The advisory committee shall remain in effect until September 30, 2009. SEC. 4124. SAFETY DATA IMPROVEMENT PROGRAM. (a) In General.--The Secretary shall make grants to States for projects and activities to improve the accuracy, timeliness, and completeness of commercial motor vehicle safety data reported to the Secretary. (b) Eligibility.--A State shall be eligible for a grant under this section in a fiscal year if the Secretary determines that the State has-- (1) conducted a comprehensive audit of its commercial motor vehicle safety data system within the preceding 2 years; (2) developed a plan that identifies and prioritizes its commercial motor vehicle safety data needs and goals; and (3) identified performance-based measures to determine progress toward those goals. (c) Authorization of Appropriations.--There is authorized to be appropriated from the [[Page 6185]] Highway Trust Fund (other than the Mass Transit Account) to carry out this section $3,000,000 for each of fiscal years 2005 through 2009. (d) Applicability of Title 23, United States Code.--Funds authorized to be appropriated by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using such funds shall be 80 percent and such funds shall remain available until expended. (e) Biennial Report.--Not later 2 years after the date of enactment of this Act, and biennially thereafter, the Secretary shall transmit to Congress a report on the activities and results of the program carried out under this section, together with any recommendations the Secretary determines appropriate. SEC. 4125. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM MODERNIZATION. (a) General Authority.--The Secretary may make a grant to a State or organization representing agencies and officials of a State in a fiscal year to modernize its commercial driver's license information system in accordance with subsection (c) if the State is in substantial compliance with the requirements of section 31311 of title 49, United States Code, and this section, as determined by the Secretary. The Secretary shall establish criteria for the distribution of grants and notify each State annually of such criteria. (b) Modernization Plan.--No later than 120 days after the date of enactment of this Act, the Secretary shall publish a comprehensive national plan to modernize the commercial driver's license information system. The plan shall be developed in consultation with representatives of the motor carrier industry, State safety enforcement agencies, and State licensing agencies designated by the Secretary. (c) Use of Grant.--A State may use a grant under this section only to implement improvements that are consistent with the modernization plan developed by the Secretary. (d) Pilot Program.-- (1) In general.--The Secretary may conduct with grants under this section a 3-year pilot program in no more than 3 States to evaluate a system for sharing driver's license information on all commercial and noncommercial driver's licenses issued in each participating State. (2) Funding.--The Secretary may use no more than 50 percent of the funds available to carry out this section for the pilot program in any fiscal year. (3) Report.--Not later than 1 year after the last day of the pilot program, the Secretary shall transmit to Congress a report on the results of the pilot program. (e) Government Share.--A grant under this section to a State or organization may not be for more than 80 percent of the costs incurred by the State or organization in a fiscal year in implementing the modernization program developed by the Secretary. In determining these costs, the Secretary shall include in-kind contributions of the State. (f) Funding.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section-- (1) $6,000,000 for fiscal year 2005; (2) $6,000,000 for fiscal year 2006; (3) $6,000,000 for fiscal year 2007; (4) $6,000,000 for fiscal year 2008; and (5) $6,000,000 for fiscal year 2009. (g) Contract Authority and Availability.-- (1) Period of availability.--The amounts made available under subsection (f) shall remain available until expended. (2) Initial date of availability.--Amounts authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) by subsection (f) shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. (3) Contract authority.--Approval by the Secretary of a grant with funds made available under subsection (f) imposes upon the United States a contractual obligation for payment of the Government's share of costs incurred in carrying out the objectives of the grant. SEC. 4126. MAXIMUM HOURS OF SERVICE FOR OPERATORS OF GROUND WATER WELL DRILLING RIGS. 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: ``Except as required in section 395.3 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this sentence, no additional off-duty time shall be required in order to operate such vehicle.''. SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING. (a) In General.--The Secretary shall provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System: (1) Commercial motor vehicle accident reports. (2) Inspection reports that contain no driver-related safety violations. (3) Serious driver-related safety violation inspection reports. (b) Conditions on Providing Access.--Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall-- (1) ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law; (2) ensure that such person will not conduct a screening without the operator-applicant's written consent; (3) ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator-applicant, unless expressly authorized or required by law; and (4) provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner. (c) Design.--The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator's crash and serious safety violation inspection history as a preemployment condition. Use of the process shall not be mandatory and may only be used during the preemployment assessment of an operator- applicant. (d) Serious Operator-Related Safety Violation Defined.--In this section, the term ``serious operator-related violation'' means a violation by an operator of a commercial motor vehicle (as defined in section 31102 of title 49, United States Code) that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected. SEC. 4128. INTERMODAL CHASSIS ROADABILITY RULE-MAKING. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, after providing notice and opportunity for comment, shall issue regulations establishing a program to ensure that intermodal equipment used to transport intermodal containers are safe. (b) Motor Carrier Safety Regulations.--The regulations under this section shall be issued as part of the Federal motor carrier safety regulations of the Department of Transportation. (c) Contents.--The regulations issued under this section shall include, at a minimum-- (1) a requirement to identify providers of intermodal equipment that is interchanged or intended for interchange to motor carriers in intermodal transportation; (2) a requirement to match such intermodal equipment readily to the intermodal equipment provider through a unique identifying number; (3) a requirement to ensure that each intermodal equipment provider maintains a system of maintenance and repair records for such equipment; (4) a requirement to evaluate the compliance of intermodal equipment providers with the applicable Federal motor carrier safety regulations; (5) a provision that-- (A) establishes a civil penalty structure consistent with section 521(b) of title 49, United States Code, for intermodal equipment providers that fail to attain satisfactory compliance with applicable Federal motor carrier safety regulations; and (B) prohibits intermodal equipment providers from placing intermodal equipment on the public highways if such providers are found to pose an imminent hazard; (6) a process by which motor carriers and agents of motor carriers may petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant intermodal equipment provider; and (7) an inspection and audit program of intermodal equipment providers. (d) Deadline for Rulemaking Proceeding.--The regulations under this section shall be issued pursuant to a rulemaking proceeding initiated not later than 90 days after the date of enactment of this Act. (e) Definitions.--In this section, the following definitions apply: (1) Intermodal equipment.--The term ``intermodal equipment'' means equipment that is commonly used in the intermodal transportation of freight over public highways in interstate commerce (as defined in section 31132 of title 49, United States Code), including trailers, chassis, and any associated devices. (2) Intermodal equipment provider.--The term ``intermodal equipment provider'' means any person with any legal right, title, or interest in intermodal equipment that interchanges such equipment to a motor carrier. (3) Interchange.--The term ``interchange'' means the act of providing intermodal equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider. Such term does not include the leasing of equipment to a motor carrier for use in the motor carrier's over-the-road freight hauling operations. SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS. The Secretary shall conduct a rulemaking to permit State licensed or certified mental health counselors or addiction specialists certified by the American Academy of Health Care Providers in the Addictive Disorders to act as substance abuse professionals under subpart O of part 40 of title 49, Code of Federal Regulations. SEC. 4130. INTERSTATE VAN OPERATIONS. The Federal motor carrier safety regulations (other than regulations relating to commercial drivers license and drug and alcohol testing requirements) shall apply to all interstate operations of commercial motor vehicles used to transport between 9 and 15 passengers (including the driver), regardless of the distance traveled. [[Page 6186]] SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTILITY SERVICE VEHICLES. Section 345 of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 sTAT. 613) is amended-- (1) in subsection (a) by striking paragraph (4) and inserting the following: ``(4) Operators of utility service vehicles.-- ``(A) Inapplicability of federal regulations .--Such regulations shall not apply to a driver of a utility service vehicle. ``(B) Prohibition on state regulations.--A State, a political subdivision of a State, an interstate agency, or other entity consisting of 2 or more States, shall not enact or enforce any law, rule, regulation, or standard that imposes requirements on a driver of a utility service vehicle that are similar to the requirements contained in such regulations.''. (2) in subsection (b) by striking ``Nothing'' and inserting ``Except as provided in subsection (a)(4), nothing''; and (3) in the first sentence of subsection (c) by striking ``paragraph (2)'' and inserting ``an exemption under paragraph (2) or (4)''. SEC. 4132. TECHNICAL CORRECTIONS. (a) Intermodal Transportation Advisory Board.--Section 5502(b) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following: ``(6) the Federal Motor Carrier Safety Administration.''. (b) Reference to Agency.--Section 31502(e) of such title is amended-- (1) in paragraph (2) by striking ``Regional Director of the Federal Highway Administration'' and inserting ``Field Administrator of the Federal Motor Carrier Safety Administration''; and (2) in paragraph (3) by striking ``Regional Director'' and inserting ``Field Administrator''. Subtitle B--Household Goods Transportation SEC. 4201. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD GOODS. (a) Nonpreemption of Intrastate Transportation of Household Goods.--Section 14501(c)(2)(B) of title 49, United States Code, is amended by inserting ``intrastate'' before ``transportation''. (b) Enforcement of Consumer Protection With Respect to Interstate Household Goods Carriers.--Chapter 145 of such title is amended by adding at the end the following: ``Sec. 14506. Enforcement of Federal regulations by State attorneys general ``(a) In General.--A State, as parens patriae, may bring a civil action on behalf of a resident of the State in an appropriate district court of the United States to enforce a regulation or order of the Secretary or Board-- ``(1) to protect an individual shipper of household goods if such regulation or order governs the delivery of the shipper's household goods; or ``(2) to impose a civil penalty under section 14915 whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by-- ``(A) a carrier or broker providing transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 who is committing repeat violations of section 14915; or ``(B) a foreign motor carrier providing transportation of household goods who is registered under section 13902 and who is committing repeat violations of section 14915. ``(b) Limitation on Statutory Construction.--Nothing in this section shall be construed-- ``(1) as preventing an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence; ``(2) as prohibiting a State official from proceeding in State court to enforce a criminal statute of the State; ``(3) as authorizing a State or political subdivision of a State to bring an enforcement action under a consumer protection law, regulation, or other provision of the State relating to interstate transportation of household goods (as defined in section 13102(10)(A)) with respect to an activity that is inconsistent with Federal laws and regulations relating to interstate transportation of household goods; or ``(4) as authorizing a State, as parens patriae, to bring a class civil action on behalf of its residents to enforce a regulation or order of the Secretary or Board. ``(c) Actions by the Secretary or Board.--Whenever a civil action has been instituted by or on behalf of the Secretary or Board for violation of section 14915, no State may, during the pendency of such action, institute a civil action under subsection (a) against any defendant named in the complaint relating to such violation. ``(d) Venue; Service of Process.--Any civil action to be brought under subsection (a) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found.''. (c) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``14506. Enforcement of Federal regulations by State attorneys general.''. SEC. 4202. ARBITRATION REQUIREMENTS. (a) Offering Shippers Arbitration.--Section 14708(a) of title 49, United States Code, is amended by inserting before the period at the end the following: ``and to determine whether carrier charges, in addition to those collected at delivery, must be paid by the shipper for transportation and services related to the transportation of household goods''. (b) Threshold for Binding Arbitration.--Section 14708(b)(6) of such title is amended by striking ``$5,000'' each place it appears and inserting ``$10,000''. (c) Deadline for Decision.--Section 14708(b)(8) of such title is amended-- (1) by striking ``and''; and (2) by inserting after ``for damages'' the following: ``, and an order requiring the payment of additional carrier charges''. (d) Attorney's Fees to Shippers.--Section 14708(d)(3) of such title is amended-- (1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (2) by inserting before subparagraph (B) (as so redesignated) the following: ``(A) the shipper was not advised by the carrier during the claim settlement process that a dispute settlement program was available to resolve the dispute;''. SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS AND UNAUTHORIZED TRANSPORTATION. Section 14901(d) of title 49, United States Code, is amended-- (1) by striking ``If a carrier'' and inserting the following: ``(1) In general.--If a carrier''; and (2) by adding at the end the following: ``(2) Estimate of broker without carrier agreement.--If a broker for transportation of household goods subject to jurisdiction under subchapter I of chapter 135 makes an estimate of the cost of transporting any such goods before entering into an agreement with a carrier to provide transportation of household goods subject to such jurisdiction, the broker is liable to the United States for a civil penalty of not less than $10,000 for each violation. ``(3) Unauthorized transportation.--If a person provides transportation of household goods subject to jurisdiction under subchapter I of chapter 135 or provides broker services for such transportation without being registered under chapter 139 to provide such transportation or services as a motor carrier or broker, as the case may be, such person is liable to the United States for a civil penalty of not less than $25,000 for each violation.''. SEC. 4204. PENALTIES FOR HOLDING HOUSEHOLD GOODS HOSTAGE. (a) In General.--Chapter 149 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 14915. Holding household goods hostage ``(a) Holding Household Goods Hostage Defined.--For purposes of this section, the term `holding household goods hostage' means the knowing and willful refusal to relinquish possession of a shipment of household goods described in section 13102(10)(A) upon payment of not more than 100 percent of a binding estimate (or, in the case of a nonbinding estimate, not more than 110 percent of the estimated charges for such shipment). ``(b) Civil Penalty.--Whoever is found holding a household goods shipment hostage is liable to the United States for a civil penalty of not less than $10,000 for each violation. If such person is a carrier or broker, the Secretary may suspend for a period of not less than 6 months the registration of such carrier or broker under chapter 139. ``(c) Criminal Penalty.--A motor carrier that has been convicted of knowingly and willfully holding household goods hostage by falsifying documents or demanding the payment of charges for services that were not performed or were not necessary in the safe and adequate movement of a shipment of household goods shall be fined under title 18, or imprisoned not more than 2 years, or both.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``14915. Holding household goods hostage.''. SEC. 4205. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials for the purpose of developing practices and procedures to enhance the Federal-State partnership in enforcement efforts, exchange of information, and coordination of enforcement efforts with respect to interstate transportation of household goods and of making legislative and regulatory recommendations to the Secretary concerning such enforcement efforts. (b) Consultation.--In carrying out subsection (a), the working group shall consult with industries involved in the transportation of household goods. (c) Federal Advisory Committee Act Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under subsection (a). [[Page 6187]] (d) Termination Date.--The working group shall remain in effect until September 30, 2009. SEC. 4206. CONSUMER HANDBOOK ON DOT WEB SITE. Not later than 1 year after the date of enactment of this Act, the Secretary shall take such action as may be necessary to ensure that publication ESA 03005 of the Federal Motor Carrier Safety Administration entitled ``Your Rights and Responsibilities When You Move'', is prominently displayed, and available in language that is readily understandable by the general public, on the Web site of the Department of Transportation. SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER INFORMATION. Not later than 1 year after the date of enactment of this Act, the Secretary shall modify the regulations contained in part 375 of title 49, Code of Federal Regulations, to require a broker that is subject to such regulations to provide shippers with the following information whenever they have contact with a shipper or potential shipper: (1) The Department of Transportation number of the broker. (2) The ESA 03005 publication referred to in section 4206 of this Act. (3) A list of all motor carriers providing transportation of household goods used by the broker and a statement that the broker is not a motor carrier providing transportation of household goods. SEC. 4208. CONSUMER COMPLAINT INFORMATION. (a) Establishment of System.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (1) establish a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods and for compiling complaint information gathered by the Department of Transportation and the States with regard to such carriers, a database of the complaints, and a procedure for the public to have access to aggregated information and for carriers to challenge information in the database; and (2) issue regulations requiring each motor carrier of household goods to submit on a quarterly basis a report summarizing-- (A) the number of shipments that originate and are delivered for individual shippers during the reporting period by the carrier; (B) the number and general category of complaints lodged by consumers with the carrier; (C) the number of claims filed with the carrier for loss and damage in excess of $500; (D) the number of such claims resolved during the reporting period; (E) the number of such claims declined in the reporting period; and (F) the number of such claims that are pending at the close of the reporting period. (b) Use of Information.--The Secretary shall consider information in the data base established under subsection (a) in its household goods compliance and enforcement program. SEC. 4209. INSURANCE REGULATIONS. (a) Review.--Not later than 1 year after the date of enactment of this Act, the Secretary shall undertake a review of the current Federal regulations regarding insurance coverage provided by motor carriers providing transportation of household goods and revise such regulations in order to provide enhanced protection for shippers in the case of loss or damage as determined necessary. (b) Determinations.--The review shall include, but not be limited to, a determination of-- (1) whether the current regulations provide adequate protection for shippers; (2) whether an individual shipper should purchase insurance as opposed to the carrier; and (3) whether there are abuses of the current regulations that leave the shipper unprotected in loss and damage claims. SEC. 4210. ESTIMATING REQUIREMENTS. Section 14104(b)(1) of title 49, United States Code, is amended to read as follows: ``(1) Required to be in writing.-- ``(A) In general.--Except as otherwise provided in this subsection, every motor carrier providing transportation of household goods described in section 13102(10)(A) subject to jurisdiction under subchapter I of chapter 135 shall conduct a physical survey of the household goods to be transported on behalf of a prospective individual shipper and shall provide the shipper with a written estimate of charges for the transportation and all related services. ``(B) Waiver.--A shipper may elect to waive a physical survey under this paragraph by written agreement signed by the shipper before the shipment is loaded. A copy of the waiver agreement must be retained as an addendum to the bill of lading and shall be subject to the same record inspection and preservation requirements of the Secretary as are applicable to bills of lading. ``(C) Estimate.-- ``(i) In general.--Notwithstanding a waiver under subparagraph (B), a carrier's statement of charges for transportation must be submitted to the shipper in writing and must indicate whether it is binding or nonbinding. ``(ii) Binding.--A binding estimate under this paragraph must indicate that the carrier and shipper are bound by such charges. The carrier may impose a charge for providing a written binding estimate. ``(iii) Nonbinding.--A nonbinding estimate under this paragraph must indicate that the actual charges will be based upon the actual weight of the individual shipper's shipment and the carrier's lawful tariff charges. The carrier may not impose a charge for providing a nonbinding estimate.''. SEC. 4211. APPLICATION OF STATE CONSUMER PROTECTION LAWS TO CERTAIN HOUSEHOLD GOODS CARRIERS. (a) Study.--The Comptroller General shall conduct a study on the current consumer protection authorities and actions of the Department of Transportation and the impact on shippers and carriers of houshold goods involved in interstate transportation of allowing State attorneys general to apply State consumer protection laws to such transportation. (b) Matters to Be Considered.--In conducting the study, the Comptroller General shall consider, at a minimum-- (1) the level of consumer protection being provided to consumers through Federal household goods regulations and how household goods regulations relating to consumer protection compare to regulations relating to consumer protection for other modes of transportation regulated by the Department of Transportation; (2) the history and background of State enforcement of State consumer protection laws on household goods carriers providing intrastate transportation and what effects such laws have on the ability of intrastate household goods carriers to operate; (3) what operational impacts, if any, would result on household goods carriers engaged in interstate commerce being subject to the State consumer protection laws; and (4) the potential for States to regulate rates or other business operations if State consumer protection laws applied to interstate household goods movements. (c) Consultation.--In conducting the study, the Comptroller General shall consult with the Secretary, State attorneys general, consumer protection agencies, and the household goods industry. (d) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall transmit to the Committee of Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate a report on the results of the study. TITLE V--TRANSPORTATION RESEARCH AND EDUCATION Subtitle A--Funding SEC. 5101. 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, development, and deployment program.--To carry out sections 502, 503, 506, 507, 509, and 510 of title 23, United States Code, and sections 5207, 5210, 5211, and 5402 of this title-- (A) $169,000,000 for fiscal year 2004; (B) $239,500,000 for fiscal year 2005; (C) $239,500,000 for fiscal year 2006; (D) $239,500,000 for fiscal year 2007; (E) $239,500,000 for fiscal year 2008; and (F) $239,500,000 for fiscal year 2009. (2) Training and education.--To carry out section 504 of title 23, United States Code, and section 5211 of this Act, $24,500,000 for fiscal year 2004 and $33,500,000 for each of fiscal years 2005 through 2009. (3) Bureau of transportation statistics.--For the Bureau of Transportation Statistics to carry out section 111 of title 49, United States Code, $31,000,000 for fiscal year 2004 and $33,000,000 for each of fiscal years 2005 through 2009. (4) University transportation research.--To carry out sections 5505 and 5506 of title 49, United States Code, $54,500,000 for fiscal year 2004 and $71,000,000 for each of fiscal years 2005 through 2009. (5) Intelligent transportation systems (ITS) research.--To carry out subtitle F of this title, $115,000,000 for each of fiscal years 2004 through 2009. (6) ITS deployment.--To carry out sections 5208 and 5209 of the Transportation Equity Act for the 21st Century (112 Stat. 458; 112 Stat. 460), $100,000,000 for fiscal year 2004. (b) Applicability of Title 23, United States Code.--Funds authorized to be appropriated by subsection (a) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of a project or activity carried out using such funds shall be 50 percent, unless otherwise expressly provided by this Act (including the amendments made by this Act) or otherwise determined by the Secretary, and such funds shall remain available until expended and shall not be transferable. SEC. 5102. 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 sections 5101(a) and 5401 of this Act shall not exceed $483,000,000 for fiscal year 2004, $484,000,000 for fiscal year 2005, $485,000,000 for fiscal year 2006, $485,000,000 for fiscal year 2007, $486,000,000 for fiscal year 2008, and $487,000,000 for fiscal year 2009. Subtitle B--Research, Technology, and Education SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION. (a) Research, Technology, and Education.--Title 23, United States Code, is amended-- (1) in the table of chapters by striking the item relating to chapter 5 and inserting the following: ``5. RESEARCH, TECHNOLOGY, AND EDUCATION.......................501''. [[Page 6188]] (2) by striking the heading for chapter 5 and inserting the following: ``CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION''. (b) Statement of Principles Governing Research and Technology Investments.--Section 502 of such title is amended-- (1) by redesignating subsections (a) through (g) as subsections (b) through (h), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Basic Principles Governing Research and Technology Investments.-- ``(1) Coverage.--Surface transportation research and technology development shall include all activities leading to technology development and transfer, as well as the introduction of new and innovative ideas, practices, and approaches, through such mechanisms as field applications, education and training, and technical support. ``(2) Federal responsibility.--Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work-- ``(A) is of national significance; ``(B) supports research in which there is a clear public benefit and private sector investment is less than optimal; ``(C) supports a Federal stewardship role in assuring that State and local governments use national resources efficiently; or ``(D) presents the best means to support Federal policy goals compared to other policy alternatives. ``(3) Role.--Consistent with these Federal responsibilities, the Secretary shall-- ``(A) conduct research; ``(B) support and facilitate research and technology transfer activities by State highway agencies; ``(C) share results of completed research; and ``(D) support and facilitate technology and innovation deployment. ``(4) Program content.--A surface transportation research program shall include-- ``(A) fundamental, long-term highway research; ``(B) research aimed at significant highway research gaps and emerging issues with national implications; and ``(C) research related to policy and planning. ``(5) Stakeholder input.--Federally sponsored surface transportation research and technology development activities shall address the needs of partners and stakeholders, and provide for stakeholder input in preparation of a strategic plan for surface transportation research and technology development. ``(6) Competition.--To the greatest extent possible, investment decisions for surface transportation research and technology development activities shall be based on the well established principles of competition and merit review. ``(7) Performance review.--Surface transportation research and technology development activities shall include a component of performance measurement.''. (c) Procurement for Research, Development, and Technology Transfer Activities.--Section 502(b)(3) of such title (as redesignated by subsection (b) of this section) is amended to read as follows: ``(3) Cooperation, grants, and contracts.--The Secretary may carry out research, development, and technology transfer activities related to transportation-- ``(A) independently; ``(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or ``(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with one or more of the following: the National Academy of Sciences, the American Association of State Highway and Transportation Officials, any Federal laboratory, Federal agency, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, any other person.''. (d) Transportation Pooled Fund Program.--Section 502(b) of such title (as redesignated by subsection (b) of this section), is amended by adding at the end the following: ``(6) Pooled funding.-- ``(A) Cooperation.--To promote effective utilization of available resources, the Secretary may cooperate with a State and an appropriate agency in funding research, development, and technology transfer activities of mutual interest on a pooled funds basis. ``(B) Secretary as agent.--The Secretary may enter into contracts, cooperative agreements, grants, and other transactions as agent for all participating parties in carrying out such research, development, or technology transfer.''. (e) Operations Elements in Research Activities.--Section 502 of such title is further amended-- (1) in subsection (b)(1)(B) (as redesignated by subsection (b) of this section) by inserting ``transportation system management and operations,'' after ``operation,''. (2) in subsection (d)(5)(C) (as redesignated by subsection (b) of this section) by inserting ``system management and'' after ``transportation''; and (3) by inserting at the end of subsection (d) (as redesignated by subsection (b) of this section) the following: ``(12) Investigation and development of various operational methodologies to reduce the occurrence and impact of recurrent congestion and nonrecurrent congestion and increase transportation system reliability. ``(13) Investigation of processes, procedures, and technologies to secure container and hazardous material transport, including the evaluation of regulations and the impact of good security practices on commerce and productivity. ``(14) Research, development, and technology transfer related to asset management.''. (f) Facilitating Transportation Research and Technology Deployment Partnerships.--Section 502(c)(2) of such title (as redesignated by subsection (b) of this section) is amended to read as follows: ``(2) Cooperation, grants, contracts, and agreements.-- Notwithstanding any other provision of law, the Secretary may directly initiate contracts, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other transactions to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, and their agents to conduct joint transportation research and technology efforts.''. (g) Exploratory Advanced Research Program.--Section 502(e) of such title (as redesignated by subsection (b) of this section) is amended to read as follows: ``(e) Exploratory Advanced Research.-- ``(1) In general.--The Secretary shall establish an exploratory advanced research program, consistent with the surface transportation research and technology development strategic plan developed under section 508 that involves and draws upon basic research results to provide a better understanding of problems and develop innovative solutions. In carrying out the program, the Secretary shall strive to develop partnerships with public and private sector entities. ``(2) Research areas.--In carrying out the program, the Secretary may make grants and enter into cooperative agreements and contracts in such areas of surface transportation research and technology as the Secretary determines appropriate, including the following: ``(A) Characterization of materials used in highway infrastructure, including analytical techniques, microstructure modeling, and the deterioration processes. ``(B) Assessment of the effects of transportation decisions on human health. ``(C) Development of surrogate measures of safety. ``(D) Environmental research. ``(E) Data acquisition techniques for system condition and performance monitoring. ``(F) System performance data and information processing needed to assess the day-to-day operational performance of the system in support of hour-to-hour operational decisionmaking.''. (h) Long-Term Pavement Performance Program.-- (1) In general.--Section 502(f) of such title (as redesignated by subsection (b) of this section) is amended to read as follows: ``(f) Long-Term Pavement Performance Program.-- ``(1) Authority.--The Secretary shall complete the 20-year long-term pavement performance program tests initiated under the strategic highway research program established under section 307(d) (as in effect on June 8, 1998). ``(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 under subparagraph (A); and ``(C) prepare products to fulfill program objectives and meet future pavement technology needs.''. (2) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $10,000,000 for fiscal year 2004 and $21,000,000 for each of fiscal years 2004 through 2009 shall be available to carry out section 502(f) of title 23, United States Code. (i) Turner-Fairbank Highway Research Center.--Section 502 of title 23, United States Code, is further amended by adding at the end the following: ``(i) Turner-Fairbank Highway Research Center.-- ``(1) In general.--The Secretary shall operate in the Federal Highway Administration a Turner-Fairbank Highway Research Center. ``(2) Uses of the center.--The Turner-Fairbank Highway Research Center shall support-- ``(A) the conduct of highway research and development related to new highway technology; ``(B) the development of understandings, tools, and techniques that provide solutions to complex technical problems through the development of economical and environmentally sensitive designs, efficient and quality- controlled construction practices, and durable materials; and ``(C) the development of innovative highway products and practices.''. (j) University Funding.--Except as otherwise provided in this title and any amendments made by this title, the Secretary may not provide financial assistance to a university under section 5101 unless the university is selected to receive such funds through a competitive process that incorporates merit-based peer review and the selection is based on a proposal submitted to the Secretary by the university in response to a request for proposals issued by the Secretary. [[Page 6189]] SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE BRIDGE RESEARCH AND DEPLOYMENT PROGRAM. (a) Long-Term Bridge Performance Program.-- (1) In general.--Section 502 of title 23, United States Code, is further amended by adding at the end the following: ``(j) Long-Term Bridge Performance Program.-- ``(1) Authority.--The Secretary shall establish a 20-year long-term bridge performance program. ``(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 test bridges; ``(B) analyze the data obtained under subparagraph (A); and ``(C) prepare products to fulfill program objectives and meet future bridge technology needs.''. (2) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 502(j) of title 23, United States Code. (b) Innovative Bridge Research and Deployment Program.-- (1) In general.--Section 503(b)(1) of such title is amended to read as follows: ``(1) In general.--The Secretary shall establish and carry out a program to promote, demonstrate, evaluate, and document the application of innovative designs, materials, and construction methods in the construction, repair, and rehabilitation of bridges and other highway structures.''. (2) Goals.--Section 503(b)(2) of such title is amended to read as follows: ``(2) Goals.--The goals of the program shall include-- ``(A) the development of new, cost-effective, innovative highway bridge applications; ``(B) the development of construction techniques to increase safety and reduce construction time and traffic congestion; ``(C) the development of engineering design criteria for innovative products, materials, and structural systems for use in highway bridges and structures; ``(D) the reduction of maintenance costs and life-cycle costs of bridges, including the costs of new construction, replacement, or rehabilitation of deficient bridges; ``(E) the development of highway bridges and structures that will withstand natural disasters; ``(F) the documentation and wide dissemination of objective evaluations of the performance and benefits of these innovative designs, materials, and construction methods; ``(G) the effective transfer of resulting information and technology; and ``(H) the development of improved methods to detect bridge scour and economical bridge foundation designs that will withstand bridge scour.''. (3) Funding.-- (A) In general.--Of the amounts made available by section 5101(a)(1) of this Act, $20,000,000 for each of fiscal years 2004 through 2009 shall be available to carry out section 503(b) of title 23, United States Code; and (B) High performance concrete bridge technology research and deployment.--The Secretary shall obligate $2,000,000 of the amount described in subparagraph (A) for each of fiscal years 2004 through 2009 to conduct research and deploy technology related to high-performance concrete bridges. SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE RESEARCH PROGRAM. (a) In General.--Section 507 of title 23, United States Code, is amended to read as follows: ``Sec. 507. Surface transportation environment and planning cooperative research program ``(a) Establishment.--The Secretary shall establish and carry out a collaborative, public-private surface transportation environment and planning cooperative research program. ``(b) Agreement.--The Secretary shall enter into an agreement with the National Academy of Sciences to carry out administrative and management activities relating to the governance of the surface transportation environment and planning cooperative research program. ``(c) Advisory Committee.-- ``(1) Establishment.--The Secretary shall establish a committee that will be responsible for program oversight and project selection. ``(2) Membership.--The members of the committee shall be appointed by the Secretary and shall be composed of-- ``(A) representatives of State, regional, and local transportation agencies, including transit agencies; ``(B) representatives of State environmental agencies and other environmental organizations; ``(C) representatives of the transportation private sector; ``(D) transportation and environmental scientists and engineers; and ``(E) representatives of the Federal Highway Administration, Federal Transit Administration, Environmental Protection Agency, United States Fish and Wildlife Service, Corps of Engineers, American Association of State Highway and Transportation Officials, and American Public Transportation Association, who shall serve in an ex officio capacity. ``(3) Balance.--The majority of the committee's voting members shall be representatives of government transportation agencies. ``(4) Meetings.--The National Academy of Sciences shall convene meetings of the committee. ``(d) Governance.--The program established under this section shall include the following administrative and management elements: ``(1) National research agenda.--The advisory committee, in consultation with interested parties, shall develop, recommend, and periodically update a national research agenda for the program. The national research agenda shall include a multiyear strategic plan. ``(2) Involvement.--Interested parties may-- ``(A) submit research proposals; ``(B) participate in merit reviews of research proposals and peer reviews of research products; and ``(C) receive research results. ``(3) Open competition and peer review of research proposals.--The National Academy of Sciences may award under the program research contracts and grants through open competition and merit review conducted on a regular basis. ``(4) Evaluation of research.-- ``(A) Peer review.--Research contracts and grants may allow peer review of the research results. ``(B) Programmatic evaluations.--The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis. ``(5) Dissemination of research findings.--The National Academy of Sciences shall disseminate research findings to researchers, practitioners, and decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, World Wide Web, and publications for the general public. ``(e) Contents.--The national research agenda for the program required under subsection (d)(1) shall include research in the following areas for the purposes described: ``(1) Human health.--Human health to establish the links between transportation activities and human health; substantiate the linkages between exposure to concentration levels, emissions, and health impacts; examine the potential health impacts from the implementation and operation of transportation infrastructure and services; develop strategies for avoidance and reduction of these impacts; and develop strategies to understand the economic value of health improvements and for incorporating health considerations into valuation methods. ``(2) Ecology and natural systems.--Ecology and natural systems to measure transportation's short- and long-term impact on natural systems; develop ecologically based performance measures; develop insight into both the spatial and temporal issues associated with transportation and natural systems; study the relationship between highway density and ecosystem integrity, including the impacts of highway density on habitat integrity and overall ecosystem health; develop a rapid assessment methodology for use by transportation and regulatory agencies in determining the relationship between highway density and ecosystem integrity; and develop ecologically based performance techniques to evaluate the success of highway project mitigation and enhancement measures. ``(3) Environmental and socioeconomic relationships.-- Environmental and socioeconomic relationships to understand differences in mobility, access, travel behavior, and travel preferences across socioeconomic groups; develop improved planning approaches that better reflect and respond to community needs; improve evaluation methods for examining the incidence of benefits and costs; examine the differential impacts of current methods of finance and explore alternatives; understand the socioeconomic implications of emerging land development patterns and new transportation technologies; develop cost-effective applications of technology that improve the equity of the transport system; and develop improved methods for community involvement, collaborative planning, and conflict resolution. ``(4) Emerging technologies.--Emerging technologies to assist in the transition to environmentally benign fuels and vehicles for passengers and freight; develop responses to and demand for new technologies that could offer improved environmental performance; identify possible applications of intelligent transportation systems technologies for environmental benefit; develop policy instruments that would encourage the development of beneficial new technologies in a cost-effective manner; and respond to the impact of new technologies. ``(5) Land use.--Land use to assess land consumption trends and contributing factors of transportation investment, housing policies, school quality, and consumer preferences; incorporate impacts of transportation investments on location decision and land use; identify the costs and benefits of current development patterns and their transportation implications; determine the effect of the built environment on people's willingness to walk, drive, or take public transportation; determine the roles of public policy and institutional arrangements in current and prospective land use and transportation choices; and develop improved data, methods, and processes for considering land use, transportation, and the environment in an integrated, systematic fashion. ``(6) Planning and performance measures.--Planning and performance measures to [[Page 6190]] improve understanding of travel needs and preferences; improve planning methods for system analysis, forecasting, and decisionmaking; expand information on consumer choice processes and travel and activity patterns for both local and long-distance trips and both passenger and freight transportation analysis of social, environmental, and economic benefits and cost of various transport options; develop tools for measuring and forecasting complex transportation decisions for all modes and users; and develop performance measures and policy analysis approaches that can be used to determine effectiveness. ``(7) Other research areas.--Other research areas to identify and address the emerging and future surface transportation research needs related to planning and environment. ``(f) Funding.-- ``(1) Federal share.--The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, and such funds shall remain available until expended. ``(2) Use of non-federal funds.--In addition to using funds authorized to be appropriated to carry out this section, the National Academy of Sciences may seek and accept additional funding sources to carry out this section from public and private entities capable of attracting and accepting funding from the Department of Transportation, Environmental Protection Agency, Department of Energy, United States Fish and Wildlife Service, and other Federal environmental agencies, States, local governments, nonprofit foundations, and the private sector.''. (b) Conforming Amendment.--The analysis for chapter 5 of such title is amended by striking the item relating to section 507 and inserting the following: ``507. Surface transportation environment and planning cooperative research program.''. (c) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 507 of title 23, United States Code. SEC. 5204. TECHNOLOGY DEPLOYMENT. (a) Technology Deployment Program.--Section 503(a) of title 23, United States Code, is amended-- (1) in the subsection heading by striking ``Initiatives and Partnerships''; (2) by striking paragraph (1) and inserting the following: ``(1) Establishment.--The Secretary shall develop and administer a national technology deployment program.''; (3) by striking paragraph (7) and inserting the following: ``(7) 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, 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 activities concerning innovative materials. ``(B) Applications.--To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall be in such form and contain such information as the Secretary may require. The Secretary shall select and approve an application based on whether the project that is the subject of the grant meets the purpose of the program described in paragraph (2).''; and (4) by striking paragraph (8) and inserting the following: ``(8) Technology and information transfer.--The Secretary shall ensure that the information and technology resulting from research conducted under paragraph (7) is made available to State and local transportation departments and other interested parties as specified by the Secretary.''. (b) Innovative Pavement Research and Deployment Program.-- (1) In general.--Section 503 of such title is further amended by adding at the end the following: ``(c) Innovative Pavement Research and Deployment Program.-- ``(1) In general.--The Secretary shall establish and implement a program to promote, demonstrate, support, and document the application of innovative pavement technologies, practices, performance, and benefits. ``(2) Goals.--The goals of the innovative pavement research and deployment program shall include-- ``(A) the deployment of new, cost-effective, innovative designs, materials, and practices to extend pavement life and performance and to improve customer satisfaction; ``(B) the reduction of initial costs and life-cycle costs of pavements, including the costs of new construction, replacement, maintenance, and rehabilitation; ``(C) the deployment of accelerated construction techniques to increase safety and reduce construction time and traffic disruption and congestion; ``(D) the deployment of engineering design criteria and specifications for innovative practices, products, and materials for use in highway pavements; ``(E) the deployment of new nondestructive and real-time pavement evaluation technologies and techniques; ``(F) the evaluation, refinement, and documentation of the performance and benefits of innovative technologies deployed to improve life, performance, cost effectiveness, safety, and customer satisfaction; ``(G) effective technology transfer and information dissemination to accelerate implementation of innovative technologies and to improve life, performance, cost effectiveness, safety, and customer satisfaction; and ``(H) the development of designs and materials to reduce storm water runoff. ``(3) Research to improve nhs pavement.--The Secretary shall obligate not less than $2,000,000 for fiscal year 2004 and $6,000,000 for each of fiscal years 2005 through 2009 from funds made available to carry out this subsection to conduct research to improve asphalt pavement, concrete pavement, and aggregates used in highways on the National Highway System.''. (2) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 503(c) of title 23, United States Code. (c) Safety Innovation Deployment Program.-- (1) In general.--Section 503 of such title is further amended by adding the following: ``(d) Safety Innovation Deployment Program.-- ``(1) In general.--The Secretary shall establish and implement a program to demonstrate the application of innovative technologies in highway safety. ``(2) Goals.--The goals of the program shall include-- ``(A) the deployment and evaluation of safety technologies and innovations at State and local levels; and ``(B) the deployment of best practices in training, management, design, and planning. ``(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, States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations for research, development, and technology transfer for innovative safety technologies. ``(B) Applications.--To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall be in such form and contain such information as the Secretary may require. The Secretary shall select and approve the applications based on whether the project that is the subject of the application meets the goals of the program described in paragraph (2). ``(4) Technology and information transfer.--The Secretary shall take such action as is necessary to 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.''. (2) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 503(d) of title 23, United States Code. (d) Authority to Purchase Promotional Items.--Section 503 of such title is further amended by adding at the end the following: ``(e) Promotional Authority.--Funds authorized to be appropriated for necessary expenses for administration and operation of the Federal Highway Administration shall be available to purchase promotional items of nominal value for use in the recruitment of individuals and to promote the programs of the Federal Highway Administration.''. (e) Wood Composite Materials Demonstration Project.-- (1) Funding.--Of the funds made available to carry out section 5101(a)(1), $1,000,000 shall be made available by the Secretary for each of fiscal years 2005 and 2006 for conducting a demonstration of the durability and potential effectiveness of wood composite materials in multimodal transportation facilities. (2) Federal share.--The Federal share of the cost of the demonstration under paragraph (1) shall be 100 percent. SEC. 5205. TRAINING AND EDUCATION. (a) National Highway Institute.-- (1) In general.--Section 504(a)(3) of title 23, United States Code, is amended to read as follows: ``(3) Courses.--The Institute may develop and administer courses in modern developments, techniques, methods, regulations, management, and procedures in areas, including surface transportation, environmental mitigation, compliance, stewardship, and streamlining, acquisition of rights-of-way, relocation assistance, engineering, safety, transportation system management and operations, construction, maintenance, contract administration, inspection, and highway finance.''. (2) Funding.--Of the amounts made available by section 5101(a)(2) of this Act, $8,000,000 for fiscal year 2004 and $10,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 504(a) of title 23, United States Code. (b) Local Technical Assistance Program.-- (1) In general.--Section 504(b) of such title is amended by adding at the end the following: ``(3) Federal share.-- ``(A) Grants.--A grant under this subsection may be used to pay up to 50 percent of local [[Page 6191]] technical assistance program costs. Funds available for technology transfer and training purposes under this title and title 49 may be used to cover the remaining 50 percent of the program costs. ``(B) Tribal technical assistance centers.--The Federal share of the cost of activities carried out by the tribal technical assistance centers under paragraph (2)(D)(ii) shall be 100 percent.''. (2) Funding.--Of the amounts made available by section 5101(a)(2) of this Act, $12,000,000 for fiscal year 2004 and $14,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 504(b) of title 23, United States Code. (c) Eisenhower Transportation Fellowship Program.--Of the amounts made available by section 5101(a)(2) of this Act, $2,000,000 for fiscal year 2004 and $2,500,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 504(c)(2) of title 23, United States Code. (d) Garrett A. Morgan Technology and Transportation Futures Program.-- (1) In general.--Section 504 of such title is amended by adding at the end the following: ``(d) Garrett A. Morgan Technology and Transportation Futures Program.--The Secretary shall carry out a program, to be known as the `Garrett A. Morgan Technology and Transportation Futures Program', for the following purposes: ``(1) To attract young people in all levels of education, from elementary school through college, to careers in transportation, with a special emphasis on attracting minorities, women, and other underrepresented groups. ``(2) To enhance the math, science, and technology skills of young people to prepare them for careers in transportation.''. (2) Funding.--Of the amounts made available by section 5101(a)(2) of this Act, $500,000 for 2004 and $1,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 504(d) of title 23, United States Code. (e) Surface Transportation Workforce Development, Training, and Education.--Section 504 of such title is further amended by adding at the end the following: ``(e) Surface Transportation Workforce Development, Training, and Education.-- ``(1) Funding.--Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144(e) for surface transportation workforce development, training and education, including-- ``(A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local transportation agencies; ``(B) employee professional development; ``(C) student internships; ``(D) university or community college support; and ``(E) education activities, including outreach, to develop interest and promote participation in surface transportation careers. ``(2) Federal share.--The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent. ``(3) Surface transportation workforce development, training, and education defined.--In this subsection, the term `surface transportation workforce development, training, and education' means activities associated with surface transportation career awareness, student transportation career preparation, and training and professional development for surface transportation workers, including activities for women and minorities.''. (f) Definitions and Declaration of Policy.--Section 101(a)(3) of such title is amended-- (1) by striking ``and'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; and''; and (3) by adding at the end the following: ``(I) surface transportation workforce development, training, and education.''. (g) Transportation Technology Innovations.-- (1) Fundamental properties of asphalts and modified asphalts.--The Secretary shall continue to carry out section 5117(b)(5) of the Transportation Equity Act for the 21st Century (112 Stat. 450). (2) Transportation, economic, and land use system.--The Secretary shall continue to carry out section 5117(b)(7) of the Transportation Equity Act for the 21st Century (112 Stat. 450). (3) Funding.--Of the amounts made available for each of fiscal years 2004 through 2009 by section 5101(a)(1) of this Act, $3,000,000 shall be available to carry out paragraph (1) and $1,000,000 shall be available to carry out paragraph (2). (4) Use of rights-of-way.--Section 5117(b)(3) of the Transportation Equity Act for the 21st Century (112 Stat. 449; 112 Stat. 864; 115 Stat. 2330) is amended-- (A) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; and (B) by inserting after subparagraph (D) the following: ``(E) Use of rights-of-way.-- ``(i) In general.--An intelligent transportation system project described in paragraph (3), and an intelligent transportation system project described in paragraph (6), that involves privately owned intelligent transportation system components and is carried out using funds made available from the Highway Trust Fund (other than the Mass Transit Account) shall not be subject to any law or 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 funds from the Highway Trust Fund (other than the Mass Transit Account) have been used for planning, design, construction, or maintenance if the Secretary determines that such use is in the public interest. ``(ii) Limitation on statutory construction.--Nothing in this subparagraph shall be construed to affect the authority of a State, or political subdivision of a State, to regulate highway safety.''. SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING. (a) In General.--Section 504 of title 23, United States Code, is amended further by adding at the end the following: ``(f) Freight Capacity Building Program.-- ``(1) Establishment.--The Secretary shall establish a freight planning capacity building initiative to support enhancements in freight transportation planning in order to-- ``(A) better target investments in freight transportation systems to maintain efficiency and productivity; and ``(B) strengthen the decisionmaking capacity of State transportation departments and local transportation agencies with respect to freight transportation planning and systems. ``(2) Agreements.--The Secretary shall enter into agreements to support and carry out administrative and management activities relating to the governance of the freight planning capacity initiative. ``(3) Stakeholder involvement.--In carrying out this section, the Secretary shall consult with the Association of Metropolitan Planning Organizations, the American Association of State Highway and Transportation Officials, and other freight planning stakeholders, including the other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the private sector. ``(4) Eligible activities.--The freight planning capacity building initiative shall include research, training, and education in the following areas: ``(A) The identification and dissemination of best practices in freight transportation. ``(B) Providing opportunities for freight transportation staff to engage in peer exchange. ``(C) Refinement of data and analysis tools used in conjunction with assessing freight transportation needs. ``(D) Technical assistance to State transportation departments and local transportation agencies reorganizing to address freight transportation issues. ``(E) Facilitating relationship building between governmental and private entities involved in freight transportation. ``(F) Identifying ways to target the capacity of State transportation departments and local transportation agencies to address freight considerations in operations, security, asset management, and environmental excellence in connection with long-range multimodal transportation planning and project implementation. ``(5) Funding.-- ``(A) Federal share.--The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, and such funds shall remain available until expended. ``(B) Use of non-federal funds.--Funds made available for the program established under this subsection may be used for research, program development, information collection and dissemination, and technical assistance. The Secretary may use such funds independently or 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, to carry out the purposes of this subsection.''. (b) Funding.--Of the amounts made available by section 5101(a)(2) of this Act, $1,500,000 for fiscal year 2004 and $5,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 504(f) of title 23, United States Code. (c) Technical Amendment.--Section 508(c)(3)(C) of such title is amended by inserting ``of title 31'' after ``1116''. SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM. (a) Continuation and Acceleration of TRANSIMS Deployment.-- The Secretary shall accelerate the deployment of the advanced transportation model known as the ``Transportation Analysis Simulation System'' (in this section referred to as ``TRANSIMS''), developed by the Los Alamos National Laboratory. The program shall assist State departments of transportation and metropolitan planning organizations in the implementation of TRANSIMS, develop methods for TRANSIMS applications to transportation planning and air quality analysis, and provide training and technical assistance for the implementation of TRANSIMS. The program may support the development of methods to plan for the transportation response to chemical and biological terrorism and other security concerns. (b) Eligible Activities.--The Secretary shall use funds made available by section 5101(a)(1) to-- (1) provide funding to State departments of transportation and metropolitan planning organizations serving transportation management areas designated under chapter 52 of title 49, United States Code, representing a diversity of populations, geographic regions, and analytic needs to implement TRANSIMS; [[Page 6192]] (2) develop methods to demonstrate a wide spectrum of TRANSIMS applications to support metropolitan and statewide transportation planning, including integrating highway and transit operational considerations into the transportation planning process; and (3) 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. (c) Allocation of Funds.--Not more than 75 percent of the funds made available to carry out this section may be allocated to activities described in subsection (b)(1). (d) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $1,000,000 for fiscal year 2004 and $3,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out this section. SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH PROGRAM. (a) In General.--Chapter 5 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 509. National cooperative freight transportation research program ``(a) Establishment.--The Secretary shall establish and support a national cooperative freight transportation research program. ``(b) Agreement.--The Secretary shall enter into an agreement with the National Academy of Sciences to support and carry out administrative and management activities relating to the governance of the national cooperative freight transportation research program. ``(c) Advisory Committee.--The National Academy of Sciences shall select an advisory committee consisting of a representative cross-section of freight stakeholders, including the Department of Transportation, other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, and the private sector. ``(d) Governance.--The national cooperative freight transportation research program established under this section shall include the following administrative and management elements: ``(1) National research agenda.--The advisory committee, in consultation with interested parties, shall recommend a national research agenda for the program. The agenda shall include a multiyear strategic plan. ``(2) Involvement.--Interested parties may-- ``(A) submit research proposals to the advisory committee; ``(B) participate in merit reviews of research proposals and peer reviews of research products; and ``(C) receive research results. ``(3) Open competition and peer review of research proposals.--The National Academy of Sciences may award research contracts and grants under the program through open competition and merit review conducted on a regular basis. ``(4) Evaluation of research.-- ``(A) Peer review.--Research contracts and grants under the program may allow peer review of the research results. ``(B) Programmatic evaluations.--The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of research contracts and grants. ``(5) Dissemination of research findings.--The National Academy of Sciences shall disseminate research findings to researchers, practitioners, and decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, World Wide Web, publications for the general public, and other appropriate means. ``(e) Contents.--The national research agenda required under subsection (d)(1) shall include research in the following areas: ``(1) Techniques for estimating and quantifying public benefits derived from freight transportation projects. ``(2) Alternative approaches to calculating the contribution of truck and rail traffic to congestion on specific highway segments. ``(3) The feasibility of consolidating origins and destinations for freight movement. ``(4) Methods for incorporating estimates of international trade into landside transportation planning. ``(5) The use of technology applications to increase capacity of highway lanes dedicated to truck-only traffic. ``(6) Development of physical and policy alternatives for separating car and truck traffic. ``(7) Ways to synchronize infrastructure improvements with freight transportation demand. ``(8) The effect of changing patterns of freight movement on transportation planning decisions relating to rest areas. ``(9) Other research areas to identify and address the emerging and future research needs related to freight transportation by all modes. ``(f) Funding.-- ``(1) Federal share.--The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, and such funds shall remain available until expended. ``(2) Use of non-federal funds.--In addition to using funds authorized for this section, the National Academy of Sciences may seek and accept additional funding sources from public and private entities capable of accepting funding from the Department of Transportation, States, local governments, nonprofit foundations, and the private sector.''. (b) Conforming Amendment.--The analysis for such chapter is further amended by adding at the end the following: ``509. National cooperative freight transportation research program.''. (c) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $1,500,000 for fiscal year 2004 and $4,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 509 of title 23, United States Code. SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM. (a) In General.--Chapter 5 of title 23, United States Code, is further amended by adding at the end the following: ``Sec. 510. Future strategic highway research program ``(a) Establishment.--The Secretary, in consultation with the American Association of State Highway and Transportation Officials, shall establish and carry out, acting through the National Research Council of the National Academy of Sciences, the future strategic highway research program. ``(b) Cooperative Agreements.--The Secretary may make grants to, and enter into cooperative agreements with, the American Association of State Highway and Transportation Officials and the National Academy of Sciences to carry out such activities under this subsection as the Secretary determines are appropriate. ``(c) Period of Availability.--Funds made available to carry out this section shall remain available for the fiscal year in which such funds are made available and the 3 succeeding fiscal years. ``(d) Program Priorities.-- ``(1) Program elements.--The program established under this section shall be based on the National Research Council Special Report 260, entitled `Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Life' and the results of the detailed planning work subsequently carried out in 2002 and 2003 to identify the research areas through National Cooperative Research Program Project 20-58. The research program shall include an analysis of the following: ``(A) Renewal of aging highway infrastructure with minimal impact to users of the facilities. ``(B) Driving behavior and likely crash causal factors to support improved countermeasures. ``(C) Reducing highway congestion due to nonrecurring congestion. ``(D) Planning and designing new road capacity to meet mobility, economic, environmental, and community needs. ``(2) Dissemination of results.--The research results of the program, expressed in terms of technologies, methodologies, and other appropriate categorizations, shall be disseminated to practicing engineers for their use, as soon as practicable. ``(e) Program Administration.--In carrying out the program under this section, the National Research Council shall ensure, to the maximum extent practicable, that-- ``(1) projects and researchers are selected to conduct research for the program on the basis of merit and open solicitation of proposals and review by panels of appropriate experts; ``(2) State department of transportation officials and other stakeholders, as appropriate, are involved in the governance of the program at the overall program level and technical level through the use of expert panels and committees; ``(3) the Council acquires a qualified, permanent core staff with the ability and expertise to manage the program and multiyear budget; and ``(4) there is no duplication of research effort between the program and any other research effort of the Department. ``(f) Report on Implementation of Results.-- ``(1) Report.--The Transportation Research Board of the National Research Council shall complete a report on the strategies and administrative structure to be used for implementation of the results of the future strategic highway research program. ``(2) Components.--The report under paragraph (1) shall include with respect to the 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 of implementation of those results; and ``(D) recommendations on methods by which implementation of those results should be conducted, coordinated, and supported in future years, including a discussion of the administrative structure and organization best suited to carry out those recommendations. ``(3) Consultation.--In developing the report, the Transportation Research Board shall consult with a wide variety of stakeholders, including-- ``(A) the Federal Highway Administration; ``(B) the National Highway Traffic Safety Administration; and ``(C) the American Association of State Highway and Transportation Officials. ``(4) Submission.--Not later than February 1, 2009, the report shall be submitted to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ``(g) Limitation of Remedies.-- ``(1) Same remedy as if united states.--The remedy against the United States provided by [[Page 6193]] sections 1346(b) and 2672 of title 28 for injury, loss of property, personal injury, or death shall apply to any claim against the National Academy of Sciences for money damages for injury, loss of property, personal injury, or death caused by any negligent or wrongful act or omission by employees and individuals described in paragraph (3) arising from activities conducted under or in connection with this section. Any such claim shall be subject to the limitations and exceptions which would be applicable to such claim if such claim were against the United States. With respect to any such claim, the Secretary shall be treated as the head of the appropriate Federal agency for purposes of sections 2672 and 2675 of title 28. ``(2) Exclusiveness of remedy.--The remedy referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining liability arising from any such act or omission without regard to when the act or omission occurred. ``(3) Treatment.--Employees of the National Academy of Sciences and other individuals appointed by the president of the National Academy of Sciences and acting on its behalf in connection with activities carried out under this section shall be treated as if they are employees of the Federal Government under section 2671 of title 28 for purposes of a civil action or proceeding with respect to a claim described in paragraph (1). The civil action or proceeding shall proceed in the same manner as any proceeding under chapter 171 of title 28 or action against the United States filed pursuant to section 1346(b) of title 28 and shall be subject to the limitations and exceptions applicable to such a proceeding or action. ``(4) Sources of payments.--Payment of any award, compromise, or settlement of a civil action or proceeding with respect to a claim described in paragraph (1) shall be paid first out of insurance maintained by the National Academy of Sciences, second from funds made available to carry out this section, and then from sums made available under section 1304 of title 31. For purposes of such section, such an award, compromise, or settlement shall be deemed to be a judgment, award, or settlement payable under section 2414 or 2672 of title 28. The Secretary may establish a reserve of funds made available to carry out this section for making payments under this paragraph. ``(h) Funding.-- ``(1) Federal share.--The Federal share of the cost of an activity carried out using amounts made available under a grant or cooperative agreement under this section shall be 100 percent, and such funds shall remain available until expended. ``(2) Advance payments.--The Secretary may make advance payments as necessary to carry out the program under this section.''. (b) Conforming Amendment.--The analysis for such chapter is further amended by adding at the end the following: ``510. Future strategic highway research program.''. (c) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $17,000,000 for fiscal year 2004, $60,000,000 for fiscal year 2005, and $63,000,000 for each of fiscal years 2006 through 2009, shall be available to carry out section 510 of title 23, United States Code. SEC. 5210. TRANSPORTATION SAFETY INFORMATION MANAGEMENT SYSTEM PROJECT. (a) In General.--The Secretary shall fund and carry out a project to further the development of a comprehensive transportation safety information management system (in this section referred to as ``TSIMS''). (b) Purposes.--The purpose of the TSIMS project is to further the development of a software application to provide for the collection, integration, management, and dissemination of safety data from and for use among State and local safety and transportation agencies, including driver licensing, vehicle registration, emergency management system, injury surveillance, roadway inventory, and motor carrier databases. (c) Funding.-- (1) Federal contribution.--Of the amounts made available by section 5101(a)(1) of this Act, $1,000,000 for fiscal year 2004 and $3,000,000 for fiscal year 2005 shall be available to carry out the TSIMS project under this section. (2) State contribution.--The sums authorized in paragraph (1) are intended to supplement voluntary contributions to be made by State departments of transportation and other State safety and transportation agencies. SEC. 5211. SURFACE TRANSPORTATION CONGESTION RELIEF SOLUTIONS RESEARCH INITIATIVE. (a) Establishment.--During fiscal year 2004, the Secretary, acting through the Federal Highway Administration, shall establish a surface transportation congestion solutions research initiative consisting of 2 independent research programs described in subsections (b)(1) and (b)(2) and designed to develop information to assist State transportation departments and metropolitan planning organizations measure and address surface transportation congestion problems. (b) Surface Transportation Congestion Solutions Research Program.-- (1) Improved surface transportation congestion management system measures.--The purposes of the first research program established under this section shall be-- (A) to examine the effectiveness of surface transportation congestion management systems since enactment of the Intermodal Surface Transportation Assistance Act of 1991 (Public Law 102-240); (B) to identify best case examples of locally designed reporting methods and incorporate such methods in research on national models for developing and recommending improved surface transportation congestion measurement and reporting; and (C) to incorporate such methods in the development of national models and methods to monitor, measure, and report surface transportation congestion information. (2) Analytical techniques for action on surface transportation congestion.--The purposes of the second research program established under this section shall be-- (A) to analyze the effectiveness of procedures used by State transportation departments and metropolitan planning organizations to assess surface transportation congestion problems and communicate those problems to decisionmakers; and (B) to identify methods to ensure that the results of surface transportation congestion analyses will lead to the targeting of funding for programs, projects, or services with demonstrated effectiveness in reducing travel delay, congestion, and system unreliability. (c) Technical Assistance and Training.--In fiscal year 2006, the Secretary, acting through the Federal Highway Administration, shall develop a technical assistance and training program to disseminate the results of the surface transportation congestion solutions research initiative for the purpose of assisting State transportation departments and local transportation agencies with improving their approaches to surface transportation congestion measurement, analysis, and project programming. (d) Funding.--Of the amounts made available by sections 5101(a)(1) of this Act, $4,000,000 for fiscal year 2004 and $11,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out subsections (a) and (b). Of the amounts made available by section 5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out subsection (c). SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY. (a) In General.--The Secretary, in coordination with the motor carrier and wireless technology industry, shall conduct a study to-- (1) identify inefficiencies in the transportation of freight; (2) evaluate the safety, productivity, and reduced cost improvements that may be achieved through the use of wireless technologies to address the inefficiencies identified in paragraph (1); and (3) conduct, as appropriate, field tests demonstrating the technologies identified in paragraph (2). (b) Program Elements.--The program shall include, at a minimum, the following: (1) Fuel monitoring and management systems. (2) Electronic document imaging. (3) Border pre-clearance systems. (4) Radio Frequency Identification technology. (5) Electronic manifest systems. (6) Cargo theft prevention. (c) Federal Share.--The Federal share of the cost of the study under this section shall be 100 percent. (d) Annual Report.--The Secretary shall prepare and transmit to Congress an annual report on the programs and activities carried out under this section. (e) Funding.--From funds made available under section 5101(a)(1), the Secretary shall make available $1,000,000 to the Federal Motor Carrier Safety Administration for each of fiscal years 2005 through 2009 to carry out this section. Subtitle C--University Transportation Research; Scholarship Opportunities SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CENTERS. (a) In General.--Section 5505 of title 49, United States Code, is amended to read as follows: ``Sec. 5505. National university transportation centers ``(a) In General.-- ``(1) Establishment and operation.--The Secretary of Transportation shall make grants under this section to eligible nonprofit institutions of higher learning to establish and operate national university transportation centers. ``(2) Role of centers.--The role of each center shall be to advance significantly transportation research on critical national transportation issues and to expand the workforce of transportation professionals. ``(b) Applicability of Requirements.--A grant received by an eligible nonprofit institution of higher learning under this section shall be available for the same purposes, and shall be subject to the same terms and conditions, as a grant made to a nonprofit institution of higher learning under section 5506. ``(c) Eligible Nonprofit Institution of Higher Learning Defined.--In this section, the term `eligible nonprofit institution of higher learning' means each of the lead institutions identified in subsections (j)(4)(A), (j)(4)(B), and (j)(4)(F) of section 5505 as in effect on the day before the date of enactment of the Transportation Equity Act: A Legacy for Users, the university referred to in section 704 of Public Law 103-206 (107 Stat. 2447), and the university that, as of the day before such date of enactment, is the lead institution for the regional university transportation center for region 5 of the Standard Federal Regional Boundary System. [[Page 6194]] ``(d) Grants.--In each of fiscal years 2004 through 2009, the Secretary shall make a grant under this section to each eligible nonprofit institution of higher learning in an amount not to exceed $3,500,000.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 55 of such title is amended by striking the item relating to section 5505 and inserting the following: ``5505. National university transportation centers.''. SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH. (a) In General.--Section 5506 of title 49, United States Code, is amended to read as follows: ``Sec. 5506. University transportation research ``(a) In General.--The Secretary of Transportation shall make grants under this section to nonprofit institutions of higher learning to establish and operate university transportation centers. ``(b) Objectives.--Grants received under this section shall be used by nonprofit institutions of higher learning to advance significantly the state-of-the-art in transportation research and expand the workforce of transportation professionals through the following programs and activities: ``(1) Research.--Basic and applied research, the products of which are judged by peers or other experts in the field of transportation to advance the body of knowledge in transportation. ``(2) Education.--An education program relating to transportation that includes multidisciplinary course work and participation in research. ``(3) Technology transfer.--An ongoing program of technology transfer that makes transportation research results available to potential users in a form that can be implemented, utilized, or otherwise applied. ``(c) Regional, Tier I, and Tier II Centers.-- ``(1) In general.--For each of fiscal years 2004 through 2009, the Secretary shall make grants under subsection (a) to nonprofit institutions of higher learning to establish and operate-- ``(A) 10 regional university transportation centers; and ``(B) 10 Tier I university transportation centers. ``(2) Tier II centers.--For each of fiscal years 2005 through 2009, the Secretary shall make grants under subsection (a) to nonprofit institutions of higher learning to establish and operate 10 Tier II university transportation centers. ``(3) Location of regional centers.--One regional university transportation center shall be located in each of the 10 United States Government regions that comprise the Standard Federal Regional Boundary System. ``(4) Limitation.--A nonprofit institution of higher learning may not directly receive a grant under this section for a fiscal year for more than one university transportation center. ``(d) Competitive Selection Process.-- ``(1) Applications.--In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require. ``(2) General selection criteria.--Except as otherwise provided by this section, the Secretary shall select each recipient of a grant under this section through a competitive process on the basis of the following: ``(A) The demonstrated research and extension resources available to the recipient to carry out this section. ``(B) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range transportation problems. ``(C) The recipient's demonstrated commitment of at least $400,000 each year in regularly budgeted institutional amounts to support ongoing transportation research and education programs. ``(D) The recipient's demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program. ``(E) The strategic plan the recipient proposes to carry out under the grant. ``(e) Regional University Transportation Centers.-- ``(1) Competition.--Not later than March 31, 2005, and not later than March 31st of every 4th year thereafter, the Secretary shall complete a competition among nonprofit institutions of higher learning for grants to establish and operate the 10 regional university transportation centers referred to in subsection (c)(1)(A). ``(2) Selection criteria.--In conducting a competition under paragraph (1), the Secretary shall select a nonprofit institution of higher learning on the basis of-- ``(A) the criteria described in subsection (d)(2); ``(B) the location of the center within the Federal region to be served; and ``(C) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has a well-established, nationally recognized program in transportation research and education, as evidenced by-- ``(i) not less than $2,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years; ``(ii) not less than 10 graduate degrees awarded in professional fields closely related to highways and public transportation for year for each of the preceding 5 years; ``(iii) not less than 5 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transportation; and ``(iv) a faculty that has published a total of at least 50 refereed journal publications on highway or public transportation research during the preceding 5 years. ``(3) Grant recipients.--After selecting a nonprofit institution of higher learning as a grant recipient on the basis of a competition conducted under this subsection, the Secretary shall make a grant to the recipient to establish and operate a regional university transportation center in each of the first 4 fiscal years beginning after the date of the competition. ``(4) Special rule for fiscal years 2004 and 2005.--For each of fiscal years 2004 and 2005, the Secretary shall make a grant under this section to each of the 10 nonprofit institutions of higher learning that were competitively selected for grants by the Secretary under this section in July 1999 to operate regional university transportation centers. ``(5) Amount of grants.--For each of fiscal years 2004 through 2009, a grant made by the Secretary to a nonprofit institution of higher learning for a fiscal year to establish and operate a regional university transportation center shall not exceed $3,500,000. ``(f) Tier I University Transportation Centers.-- ``(1) Competition.--Not later than March 31, 2006, and not later than March 31st of every 4th year thereafter, the Secretary shall complete a competition among nonprofit institutions of higher learning for grants to establish and operate the 10 Tier I university transportation centers referred to in subsection (c)(1)(B). ``(2) Selection criteria.--In conducting a competition under paragraph (1), the Secretary shall select a nonprofit institution of higher learning on the basis of-- ``(A) the criteria described in subsection (d)(2); and ``(B) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has an established, recognized program in transportation research and education, as evidenced by-- ``(i) not less than $1,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years or not less than $6,000,000 in such expenditures during the 5 preceding years; ``(ii) not less than 5 graduate degrees awarded in professional fields closely related to highways and public transportation each year for each of the preceding 5 years; ``(iii) not less than 3 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transportation; and ``(iv) a faculty that has published a total of at least 20 refereed journal publications on highway or public transportation research during the preceding 5 years. ``(3) Grant recipients.--After selecting a nonprofit institution of higher learning as a grant recipient on the basis of a competition conducted under this subsection, the Secretary shall make a grant to the recipient to establish and operate a Tier I university transportation center in each of the first 4 fiscal years beginning after the date of the competition. ``(4) Special rule for fiscal years 2004, 2005, and 2006.-- For each of fiscal years 2004, 2005, and 2006, the Secretary shall make a grant under this section to each of the 10 nonprofit institutions of higher learning that were competitively selected for grant awards by the Secretary under this section in May 2002 to operate university transportation centers (other than regional centers). ``(5) Amount of grants.--A grant made by the Secretary to a nonprofit institution of higher learning for a fiscal year to establish and operate a Tier I university transportation center shall not exceed $1,000,000 for fiscal year 2004 and $1,500,000 for each of fiscal years 2005 through 2009. ``(g) Tier II University Transportation Centers.-- ``(1) Competition.--Not later than August 31, 2004, not later than March 31, 2008, and not later than March 31st of every 4th year thereafter, the Secretary shall complete a competition among nonprofit institutions of higher learning for grants to establish and operate the 10 Tier II university transportation centers referred to in subsection (c)(2). ``(2) Selection criteria.--In conducting a competition under paragraph (1), the Secretary shall select a nonprofit institution of higher learning on the basis of the criteria described in subsection (f)(2). ``(3) Grant recipients.--After selecting a nonprofit institution of higher learning as a grant recipient on the basis of a competition conducted under this subsection, the Secretary shall-- ``(A) in the case of the competition to be completed not later than August 31, 2004, make a grant to the recipient to establish and operate a Tier II university transportation center in each of fiscal years 2005 through 2008; and ``(B) in the case of each subsequent competition, make a grant to the recipient to establish and operate a Tier II university transportation center in each of the first 4 fiscal years beginning after the date of the competition. ``(4) Amount of grants.--For each of fiscal years 2005 through 2009, a grant made by the Secretary to a nonprofit institution of higher learning for a fiscal year to establish and operate a Tier II university transportation center shall not exceed $1,000,000. [[Page 6195]] ``(h) Support of National Strategy for Surface Transportation Research.--In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall provide assurances satisfactory to the Secretary that the research and education activities of its university transportation center will support the national strategy for surface transportation research, as identified by-- ``(1) the report of the National Highway Research and Technology Partnership entitled `Highway Research and Technology: The Need for Greater Investment', dated April 2002; and ``(2) the programs of the National Research and Technology Program of the Federal Transit Administration. ``(i) Maintenance of Effort.--In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall enter into an agreement with the Secretary to ensure that the institution will maintain total expenditures from all other sources to establish and operate a university transportation center and related research activities at a level at least equal to the average level of such expenditures in its 2 fiscal years prior to award of a grant under this section. ``(j) Federal Share.--The Federal share of the costs of activities carried out using a grant made under this section shall be 50 percent of such costs. The non-Federal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23. ``(k) Program Coordination.-- ``(1) Coordination.--The Secretary shall coordinate the research, education, and technology transfer activities that grant recipients carry out under this section, disseminate the results of the research, and establish and operate a clearinghouse to disseminate the results of the research. ``(2) Annual review and evaluation.--At least annually, and consistent with the plan developed under section 508 of title 23, the Secretary shall review and evaluate programs of grant recipients. ``(3) Management and oversight.--The Secretary shall expend $1,500,000 for each of fiscal years 2005 through 2009 from amounts made available to carry out this section to carry out management and oversight of the centers receiving assistance under this section. ``(l) Program Administration.--The Secretary shall carry out this section acting through the Administrator of the Research and Special Programs Administration. ``(m) Limitation on Availability of Funds.--Funds made available to carry out this section shall remain available for obligation by the Secretary for a period of 2 years after the last day of the fiscal year for which such funds are authorized.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 55 of such title is amended by striking the item relating to section 5506 and inserting the following: ``5506. University transportation research.''. SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM. (a) In General.-- (1) Establishment of program.--The Secretary may establish and implement a scholarship program for the purpose of attracting qualified students for transportation-related critical jobs. (2) Partnership.--The Secretary may establish the program in partnership with appropriate nongovernmental institutions. (b) Participation and Funding.--An operating administration of the Department of Transportation and the Office of Inspector General may participate in the scholarship program. Notwithstanding any other provision of law, the Secretary may use funds available to an operating administration or from the Office of Inspector General of the Department of Transportation for the purpose of carrying out this section. Subtitle D--Advanced Technologies SEC. 5401. ADVANCED HEAVY-DUTY VEHICLE TECHNOLOGIES RESEARCH PROGRAM. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5507. Advanced heavy-duty vehicle technologies research program ``(a) In General.--The Secretary of Transportation shall conduct research, development, demonstration, and testing to integrate emerging advanced heavy-duty vehicle technologies in order to provide seamless, safe, secure, and efficient transportation and to benefit the environment. ``(b) Consultation.--To ensure the activities performed pursuant to this section achieve the maximum benefit, the Secretary of Transportation shall consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and other relevant Federal agencies on research, development, and demonstration activities authorized under this section related to advanced heavy-duty vehicle technologies. ``(c) Grants, Cooperative Agreements, and Other Transactions.--The Secretary may make grants to, and enter into cooperative agreements and other transactions with, Federal and other public agencies (including State and local governments) and persons to carry out subsection (a). ``(d) Cost Sharing.--At least 50 percent of the funding for projects carried out under this section must be provided by non-Federal sources. ``(e) Authorization of Appropriations.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out subsection (a) $1,000,000 for fiscal year 2004 and $3,000,000 for each of fiscal years 2005 through 2009. ``(f) Contract Authority.--The funds authorized to be appropriated by subsection (e) 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 limitation on obligations imposed on funds made available to carry out title V of the Transportation Equity Act: A Legacy for Users.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 55 of such title is amended by adding at the end the following: ``5507. Advanced heavy-duty vehicle technologies research program.''. SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION TECHNOLOGIES. (a) In General.--The Secretary shall establish and carry out a program to validate commercial remote sensing products and spatial information technologies for application to national transportation infrastructure development and construction. (b) Program.-- (1) National policy.--The Secretary shall establish and maintain a national policy for the use of commercial remote sensing products and spatial information technologies in national transportation infrastructure development and construction. (2) Policy implementation.--The Secretary shall develop new applications of commercial remote sensing products and spatial information technologies for the implementation of the national policy established and maintained under paragraph (1). (c) Cooperation.--The Secretary shall carry out this section in cooperation with the commercial remote sensing program of the National Aeronautics and Space Administration and a consortium of university research centers. (d) Funding.--Of the amounts made available by section 5101(a)(1) of this Act, $3,000,000 for fiscal year 2004 and $9,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out this section. Subtitle E--Transportation Data and Analysis SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS. Section 111 of title 49, United States Code, is amended by striking subsections (b) through (k) and inserting the following: ``(b) Director.-- ``(1) In general.--The Bureau shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Appointment.--The Director shall be appointed from among individuals who are qualified to serve as the Director by virtue of their training and experience in the collection, analysis and use of transportation data. ``(3) Reporting to secretary.--The Director shall report directly to the Secretary of Transportation. ``(4) Term.--The term of the Director shall be 4 years. The Director may continue to serve after the expiration of the term until a successor is appointed and confirmed. ``(c) Responsibilities.--The Director of the Bureau shall serve as the Secretary's senior advisor on data and statistics and be responsible for carrying out the following duties: ``(1) Collecting, analyzing, and disseminating data concerning the domestic and international movement of freight. ``(2) Collecting, analyzing, and disseminating data concerning travel patterns for local and long-distance travel, at the local, State, national, and international levels. ``(3) Developing, analyzing, and disseminating information on the economics of transportation. ``(4) Building and disseminating the transportation layer of the National Spatial Data Infrastructure, including coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not being collected by others. ``(5) Developing, publishing, and disseminating a comprehensive set of measures of investment, use, costs, performance, and impacts of the national transportation system, including publishing an annual transportation statistics abstract. ``(6) Identifying information needs of the Department and reviewing such needs at least annually with the Advisory Council on Transportation Statistics of the Bureau. ``(7) Conducting or supporting research relating to methods of gathering or analyzing transportation statistics and issuing guidelines for the collection of information by the Department in order to ensure that such information is accurate, relevant, comparable, accessible, and in a form that permits systematic analysis. ``(d) Coordinating Collection of Information.--The Director shall work with the operating administrations of the Department to establish and implement the Bureau's data programs and to improve the coordination of information collection efforts with other Federal agencies. ``(e) Supporting Transportation Decisionmaking.--The Director shall ensure that the statistics compiled under this section are relevant for transportation policy, planning, and decisionmaking by the Federal Government, State and local governments, transportation-related associations, private businesses, and the public. The Director shall provide to the Department's other operating administrations technical [[Page 6196]] assistance on collecting, compiling, analyzing, and verifying transportation data and statistics and the design of surveys. ``(f) National Transportation Library.-- ``(1) In general.--The Director shall establish and maintain a National Transportation Library. The Library shall contain a collection of statistical and other information needed for transportation decisionmaking at the Federal, State, and local levels. ``(2) Access.--The Director shall facilitate and promote access to the Library, with the goal of improving the ability of the transportation community to share information and the ability of the Director to disseminate information under subsection (c). ``(3) Coordination.--The Director shall work with other transportation libraries and other transportation information providers, both public and private, to achieve the goal specified in paragraph (2). ``(4) Transportation research information service.--The Director shall provide the full financial support for the web-based version of the Transportation Research Information Service. ``(g) Research and Development Grants.-- ``(1) In general.--The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) if each of the grants, agreements, and contracts-- ``(A) provide for an alternative means of accomplishing program-related research of the Department; ``(B) contribute to research and development of new methods of transportation data collection; or ``(C) improve the methods for sharing geographic transportation data. ``(2) Funding limit.--Not more than $500,000 of the amounts made available to carry out this section in a fiscal year may be used for research and development grants under this subsection. ``(h) Transportation Statistics Annual Report.--By March 31 of each year, the Director shall transmit to the President and Congress a report that includes information on the subjects described in subsection (c), documentation of the methods used to obtain the information and ensure the quality of the statistics presented in the report, and recommendations for improving transportation statistical information. ``(i) Proceeds of Data Product Sales.--Notwithstanding section 3302 of title 31, funds received by the Bureau from the sale of data products, for necessary expenses incurred, may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for the expenses. ``(j) Limitations on Statutory Construction.--Nothing in this section shall be construed to-- ``(1) authorize the Bureau to require any other department or agency to collect data; or ``(2) reduce the authority of any other officer of the Department of Transportation to collect and disseminate data independently. ``(k) Mandatory Response Authority for Freight Data Collection.--Whoever, being the owner, official, agent, person in charge, or assistant to the person in charge of any corporation, company, business, institution, establishment, or organization of any nature whatsoever, neglects or refuses, when requested by the Director or other authorized officer, employee, or contractor of the Bureau, to answer completely and correctly to the best of his or her knowledge all questions relating to the corporation, company, business, institution, establishment, or other organization, or to make available records or statistics in his or her official custody, contained in a data collection request prepared and submitted under the authority of subsection (c)(1), shall be fined not more than $500; but if he or she willfully gives a false answer to such a question, he or she shall be fined not more than $10,000. ``(l) Prohibition on Certain Disclosures.-- ``(1) In general.--An officer, employee or contractor of the Bureau may not-- ``(A) make any disclosure in which the data provided by an individual or organization under subsection (c) can be identified; ``(B) use the information provided under subsection (c) for a nonstatistical purpose; or ``(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under subsection (c). ``(2) Copies of reports.-- ``(A) In general.--No department, bureau, agency, officer, or employee of the United States (except the Director in carrying out this section) may require, for any reason, a copy of any report that has been filed under subsection (c) with the Bureau or retained by an individual respondent. ``(B) Limitation on judicial proceedings.--A copy of a report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of its employees, contractors, or agents-- ``(i) shall be immune from legal process; and ``(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. ``(C) Applicability.--This paragraph shall apply only to reports that permit information concerning an individual or organization to be reasonably determined by direct or indirect means. ``(3) Informing respondent of use of data.--In a case in which the Bureau is authorized by statute to collect data or information for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform a respondent that is requested or required to supply the data or information of the nonstatistical purpose. ``(m) Data Access.--The Director shall have access to transportation and transportation-related information in the possession of any Federal agency except information-- ``(1) the disclosure of which to another Federal agency is expressly prohibited by law; or ``(2) the disclosure of which the agency so requested determines would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency. ``(n) Advisory Council on Transportation Statistics.-- ``(1) Establishment.--There is established in the Bureau an Advisory Council on Transportation Statistics. ``(2) Function.--It shall be the function of the Advisory Council to advise the Director of the Bureau on transportation statistics and analyses, including whether or not the statistics and analysis disseminated by the Bureau are of high quality and are based upon the best available objective information. ``(3) Membership.--The Advisory Council shall be composed of not more than 6 members appointed by the Director who are not officers or employees of the United States. Each member shall have expertise in transportation data collection or analysis or application; except that 1 member shall have expertise in economics, 1 member shall have expertise in statistics, and 1 member shall have expertise in transportation safety. At least 1 member shall be a senior official of a State department of transportation. ``(4) Applicability of federal advisory committee act.--The Federal Advisory Committee Act (5 App. U.S.C.) shall apply to the advisory council established under this section, except that section 14 of such Act shall not apply to the Advisory Council.''. Subtitle F--Intelligent Transportation Systems Research SEC. 5601. SHORT TITLE. This subtitle may be cited as the ``Intelligent Transportation Systems Act of 2004''. SEC. 5602. GOALS AND PURPOSES. (a) Goals.--The goals of the intelligent transportation system program include-- (1) enhancement of surface transportation efficiency and facilitation of intermodalism and international trade to enable existing facilities to meet a significant portion of future transportation needs, including public access to employment, goods, and services and to reduce regulatory, financial, and other transaction costs to public agencies and system users; (2) achievement of national transportation safety goals, including the enhancement of safe operation of motor vehicles and nonmotorized vehicles as well as improved emergency response to a crash, 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 to achieve national environmental goals; (4) accommodation of the needs of all users of surface transportation systems, including operators of commercial motor vehicles, passenger motor vehicles, motorcycles, and bicycles and pedestrians, including individuals with disabilities; and (5) improvement of the Nation's ability to respond to security-related or other manmade emergencies and natural disasters and enhancement of national defense mobility. (b) Purposes.--The Secretary shall implement activities under the intelligent system transportation program to, at a minimum-- (1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation; (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 and operations planning for effective intelligent transportation system deployment; (4) promote the innovative use of private resources; (5) facilitate, in cooperation with the motor vehicle industry, the introduction of a vehicle-based safety enhancing systems; (6) support the application of intelligent transportation systems that increase the safety and efficiency of commercial motor vehicle operations; (7) develop a workforce capable of developing, operating, and maintaining intelligent transportation systems; and (8) provide continuing support for operations and maintenance of intelligent transportation systems. SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS. (a) Scope.--Subject to the provisions of this subtitle, the Secretary shall conduct an ongoing intelligent transportation system program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the surface transportation systems of the United States. (b) Policy.--Intelligent transportation system research projects and operational tests funded [[Page 6197]] pursuant to this subtitle shall encourage and not displace public-private partnerships or private sector investment in such tests and projects. (c) Cooperation With Governmental, Private, and Educational Entities.--The Secretary shall carry out the intelligent transportation system program in cooperation with State and local governments and other public entities, the private sector of the United States, the Federal laboratories, and 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 program, the Secretary shall consult with the heads of other Federal departments and agencies, as appropriate. (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 systems management and operations, including intelligent transportation systems, within metropolitan and statewide transportation planning processes. (g) Information Clearinghouse.-- (1) In general.--The Secretary shall-- (A) maintain a repository for technical and safety data collected as a result of federally sponsored projects carried out under this subtitle (including the amendments made by this subtitle); and (B) make, on request, that information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost. (2) Agreement.-- (A) In general.--The Secretary may enter into an agreement with a third party for the maintenance of the repository for technical and safety data under paragraph (1)(A). (B) Federal financial assistance.--If the Secretary enters into an agreement with an entity for the maintenance of the repository, the entity shall be eligible for Federal financial assistance under this section. (3) Availability of information.--Information in the repository shall not be subject to section 555 of title 5, United States Code. (h) Advisory Committees.--In carrying out this subtitle, the Secretary may use one or more advisory committees that are subject to the Federal Advisory Committee Act (5 U.S.C. App.). (i) Reporting.-- (1) Guidelines and requirements.-- (A) In general.--The Secretary shall issue guidelines and requirements for the reporting and evaluation of operational tests and deployment projects carried out under this subtitle. (B) Objectivity and independence.--The guidelines and requirements issued under subparagraph (A) shall include provisions to ensure the objectivity and independence of the reporting entity so as to avoid any real or apparent conflict of interest or potential influence on the outcome by parties to any such test or deployment project or by any other formal evaluation carried out under this subtitle. (C) Funding.--The guidelines and requirements issued under subparagraph (A) shall establish reporting funding levels based on the size and scope of each test or project that ensure adequate reporting 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 reporting of any test, deployment project, or program assessment activity under this subtitle shall not be subject to chapter 35 of title 44. SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS. (a) In General.-- (1) Development, implementation, and maintenance.-- Consistent 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 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 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. (4) Use of expert panel.-- (A) Designation.--The Secretary shall designate a panel of experts to recommend ways to expedite and streamline the process for developing the standards and protocols to be developed pursuant to paragraph (1). (B) Nonapplicability of advisory committee act.--The expert panel shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (C) Deadline for recommendation.--No later than September 30, 2005, the expert panel shall provide the Secretary with a recommendation relating to such standards development. (b) Provisional Standards.-- (1) In general.--If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using, to the extent practicable, the work product of appropriate standards development organizations. (2) Period of effectiveness.--A provisional standard established under paragraph (1) shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a standard. (c) Conformity With National 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, including funds made available under this subtitle to deploy intelligent transportation system technologies, conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a). (2) Secretary's discretion.--The Secretary may authorize exceptions to paragraph (1) for-- (A) projects designed to achieve specific research objectives outlined in the national intelligent transportation system program plan or the surface transportation research and development strategic plan developed under section 508 of title 23, United States Code; or (B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this Act if the Secretary determines that the upgrade or expansion-- (i) would not adversely affect the goals or purposes of this subtitle; (ii) is carried out before the end of the useful life of such system; and (iii) is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). (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 Act. SEC. 5605. 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 subtitle. (b) Priority Areas.--Under the program, the Secretary shall give higher priority to funding projects that-- (1) enhance mobility and productivity through improved traffic management, incident management, transit management, freight management, road weather management, toll collection, traveler information, or highway operations systems and remote sensing products; (2) enhance safety through improved crash avoidance and protection, crash and other notification, commercial motor vehicle operations, and infrastructure-based or cooperative safety systems; and (3) facilitate the integration of intelligent infrastructure, vehicle, and control technologies. (c) Federal Share.--The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent. SEC. 5606. INFRASTRUCTURE DEVELOPMENT. Funds made available to carry out this subtitle for operational tests-- (1) shall be used primarily for the development of intelligent transportation system infrastructure; and (2) to the maximum extent practicable, shall not be used for the construction of physical highway and public transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. SEC. 5607. DEFINITIONS. In this subtitle, the following definitions apply: (1) Incident.--The term ``incident'' means a crash, a natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic. (2) Intelligent transportation infrastructure.--The term ``intelligent transportation infrastructure'' means fully integrated public sector intelligent transportation system components, as defined by the Secretary. (3) 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. (4) National architecture.--The term ``national architecture'' means the common framework for interoperability 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. (5) Project.--The term ``project'' means a undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this subtitle. (6) Standard.--The term ``standard'' means a document that-- (A) contains technical specifications or other precise criteria for intelligent transportation [[Page 6198]] 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 support the national architecture and 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. (7) State.--The term ``State'' has the meaning given the term under section 101 of title 23, United States Code. (8) Transportation systems management and operations.--The term ``transportation systems management and operations'' has the meaning given the term under section 101(a) of such title. SEC. 5608. RURAL INTERSTATE CORRIDOR COMMUNICATIONS STUDY. (a) Study.--The Secretary, in cooperation with the Secretary of Commerce, State departments of transportation, and other appropriate State, regional, and local officials, shall conduct a study on feasibility of installing fiber optic cabling and wireless communication infrastructure along multistate Interstate System route corridors for improved communications services to rural communities along such corridors. (b) Contents of Study.--In conducting the study, the Secretary shall identify-- (1) impediments to installation of the infrastructure described in subsection (a) along multistate Interstate System route corridors and to connecting such infrastructure to the rural communities along such corridors; (2) the effective geographic range of such infrastructure; (3) potential opportunities for the private sector to fund, wholly or partially, the installation of such infrastructure; (4) potential benefits fiber optic cabling and wireless communication infrastructure may provide to rural communities along such corridors, including the effects of the installation of such infrastructure on economic development, deployment of intelligent transportation systems technologies and applications, homeland security precaution and response, and education and health systems in those communities; (5) rural broadband access points for such infrastructure; (6) areas of environmental conflict with such installation; (7) real estate ownership issues relating to such installation; (8) preliminary design for placement of fiber optic cable and wireless towers; (9) monetary value of the rights-of-way necessary for such installation; (10) applicability and transferability of the benefits of such installation to other rural corridors; and (11) safety and other operational issues associated with the installation and maintenance of fiber optic cabling and wire infrastructure within Interstate System rights-of-way and other publicly owned rights-of-way. (c) Corridor Locations.--The study required under subsection (a) shall be conducted for corridors along-- (1) Interstate Route I-90 through rural Wisconsin, southern Minnesota, northern Iowa, and South Dakota; (2) Interstate Route I-20 through Alabama, Mississippi, and northern Louisiana; (3) Interstate Route I-91 through Vermont, New Hampshire, and Massachusetts; and (4) any other rural corridor the Secretary considers appropriate. (d) Federal Share.--The Federal share of the cost of the study shall be 100 percent. (e) Report to Congress.--Not later than September 30, 2006, the Secretary shall transmit to Congress a report on the results of the study, including any recommendations of the Secretary. (f) Funding.--Of the amounts made available under section 5101(a)(5), $1,000,000 shall be available for fiscal year 2005, and $2,000,000 for fiscal year 2006, to carry out this section. SEC. 5609. REPEAL. Subtitle C of title V of The Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 452-463) is repealed. TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY SEC. 6001. TRANSPORTATION PLANNING. (a) In General.--Subtitle III of title 49, United States Code, is amended by inserting after chapter 51 the following: ``CHAPTER 52--TRANSPORTATION PLANNING AND PROJECT DELIVERY ``Subchapter A--General provisions ``Sec. ``5201. Definitions. ``Subchapter B--Transportation planning and project delivery ``5211. Policy. ``5212. Definitions. ``5213. Metropolitan transportation planning. ``5214. Statewide transportation planning. ``Subchapter C--Efficient environmental reviews for project decisionmaking ``5251. Definitions and applicability. ``5252. Project development procedures. ``SUBCHAPTER A--GENERAL PROVISIONS ``Sec. 5201. Definitions ``In this chapter, the following definitions apply: ``(1) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(2) State.--The term `State' means a State of the United States, the District of Columbia, and Puerto Rico. ``SUBCHAPTER B--TRANSPORTATION PLANNING AND PROJECT DELIVERY ``Sec. 5211. Policy ``(a) In General.--It is in the national interest to-- ``(1) encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and ``(2) encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in sections 5213(f) and 5214(d). ``(b) Common Transportation Planning Program.--This subchapter provides a common transportation planning program to be administered by the Federal Highway Administration and the Federal Transit Administration. ``Sec. 5212. Definitions ``(a) Applicability by Reference.--Unless otherwise specified in subsection (b), the definitions in section 101(a) of title 23 and section 5302 are applicable to this subchapter. ``(b) Additional Definitions.--In this subchapter, the following definitions apply: ``(1) Metropolitan planning area.--The term `metropolitan planning area' means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under section 5213(c). ``(2) Metropolitan planning organization.--The term `metropolitan planning organization' means the policy board of an organization created as a result of the designation process in section 5213(b). ``(3) Nonmetropolitan area.--The term `nonmetropolitan area' means a geographic area outside designated metropolitan planning areas. ``(4) Nonmetropolitan local official.--The term `nonmetropolitan local official' means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. ``(5) TIP.--The term `TIP' means a transportation improvement program developed by a metropolitan planning organization under section 5213. ``(6) Urbanized area.--The term `urbanized area' means a geographic area with a population of 50,000 or more, as designated by the Bureau of the Census. ``Sec. 5213. Metropolitan transportation planning ``(a) General Requirements.-- ``(1) Development of long-range plans and TIPs.--To accomplish the objectives in section 5211, metropolitan planning organizations designated under subsection (b), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs for metropolitan planning areas of the State. ``(2) Contents.--The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. ``(3) Process of development.--The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. ``(b) Designation of Metropolitan Planning Organizations.-- ``(1) In general.--To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals-- ``(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as named by the Bureau of the Census); or ``(B) in accordance with procedures established by applicable State or local law. ``(2) Structure.--Each metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of-- ``(A) local elected officials; ``(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and ``(C) appropriate State officials. ``(3) Limitation on statutory construction.--Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities to-- ``(A) develop the plans and TIPs for adoption by a metropolitan planning organization; and ``(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. [[Page 6199]] ``(4) Continuing designation.--A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). ``(5) Redesignation procedures.--A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as named by the Bureau of the Census) as appropriate to carry out this section. ``(6) Designation of more than 1 metropolitan planning organization.--More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. ``(c) Metropolitan Planning Area Boundaries.-- ``(1) In general.--For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. ``(2) Included area.--Each metropolitan planning area-- ``(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and ``(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. ``(3) Identification of new urbanized areas within existing planning area boundaries.--The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. ``(4) Existing metropolitan planning areas in nonattainment.--Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of this paragraph, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained; except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (b)(5). ``(5) New metropolitan planning areas in nonattainment.--In the case of an urbanized area designated after the date of enactment of this paragraph as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area-- ``(A) shall be established in the manner described in subsection (b)(1); ``(B) shall encompass the areas described in paragraph (2)(A); ``(C) may encompass the areas described in paragraph (2)(B); and ``(D) may address any nonattainment area identified under the Clean Air Act for ozone or carbon monoxide. ``(d) Coordination in Multistate Areas.-- ``(1) In general.--The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. ``(2) Interstate compacts.--The consent of Congress is granted to any 2 or more States-- ``(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and ``(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. ``(3) Lake tahoe region.-- ``(A) Definition.--In this paragraph, the term `Lake Tahoe region' has the meaning given the term `region' in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96- 551 (94 Stat. 3234). ``(B) Transportation planning process.--The Secretary shall-- ``(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and ``(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5214. ``(C) Interstate compact.-- ``(i) In general.--Subject to clause (ii), notwithstanding subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities (as defined by the Bureau of the Census)), or in accordance with procedures established by applicable State or local law. ``(ii) Involvement of federal land management agencies.-- ``(I) Representation.--The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region. ``(II) Funding.--In addition to funds made available to the metropolitan planning organization under other provisions of title 23 and under chapter 53, not more than 1 percent of the funds allocated under section 202 of title 23 may be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph. ``(D) Activities.--Highway projects included in transportation plans developed under this paragraph-- ``(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and ``(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of title 23. ``(e) MPO Consultation in Plan and TIP Coordination.-- ``(1) Nonattainment areas.--If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. ``(2) Transportation improvements located in multiple MPOS.--If a transportation improvement funded from the Highway Trust Fund or authorized under chapter 53 is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement. ``(3) Relationship with other planning officials.--The Secretary shall encourage each metropolitan planning organization to consult with those officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by-- ``(A) recipients of assistance under chapter 53; ``(B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and ``(C) recipients of assistance under section 204 of title 23. ``(f) Scope of Planning Process.-- ``(1) In general.--The goals and objectives developed through the metropolitan planning process for a metropolitan planning area under this section shall address the following factors as they relate to the performance of the metropolitan area transportation systems: ``(A) Support of the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency. ``(B) Increases in the safety and security of the transportation system for motorized and nonmotorized users. ``(C) Increases in the accessibility and mobility of people and for freight. ``(D) Protection and enhancement of the environment, promotion of energy conservation, improvement of the quality of life, and promotion of consistency between transportation improvements and State and local planned growth and economic development patterns. ``(E) Enhancement of the integration and connectivity of the transportation system, across and between modes, for people and freight. ``(F) Promotion of efficient system management and operation. ``(G) Emphasis on the preservation of the existing transportation system. ``(2) Failure to consider factors.--The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under title 23 or this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process. ``(g) Development of Transportation Plan.-- ``(1) In general.--Each metropolitan planning organization shall prepare, and update no less frequently than every 4 years, a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. ``(2) Transportation plan.--A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: ``(A) An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, [[Page 6200]] giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (f) as such factors relate to a 20-year forecast period. ``(B) A financial plan that demonstrates how the adopted transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. ``(C) Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. ``(D) Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs. ``(E) Proposed transportation and transit enhancement activities. ``(3) Coordination with clean air act agencies.--In metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act, the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act. ``(4) Participation by interested parties.--Before approving a transportation plan, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan, in a manner that the Secretary deems appropriate. ``(5) Publication.--A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. ``(6) Selection of projects from illustrative list.-- Notwithstanding paragraph (2)(B), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B). ``(h) Metropolitan TIP.-- ``(1) Development.-- ``(A) In general.--In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the area for which the organization is designated. ``(B) Opportunity for comment.--In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of the disabled, representatives of users of pedestrian walkways and bicycle facilities, and other interested parties with a reasonable opportunity to comment on the proposed TIP. ``(C) Funding estimates.--For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. ``(D) Updating and approval.--The TIP shall be updated at least once every 4 years and shall be approved by the metropolitan planning organization and the Governor. ``(2) Contents.-- ``(A) Priority list.--The TIP shall include a priority list of proposed federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. ``(B) Financial plan.--The TIP shall include a financial plan that-- ``(i) demonstrates how the TIP can be implemented; ``(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; ``(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and ``(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available. ``(C) Descriptions.--Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. ``(D) Congestion relief activities.--The TIP shall include a listing of congestion relief activities to be carried out to meet the requirements of section 139 of title 23, categorized as either under one or under three congestion relief activities. ``(3) Included projects.-- ``(A) Projects under title 23 and chapter 53.--A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of title 23 and chapter 53. ``(B) Projects under chapter 2 of title 23.--All projects proposed for funding under chapter 2 of title 23 shall be identified individually in the TIP. ``(C) Consistency with long-range transportation plan.-- Each project shall be consistent with the long-range transportation plan developed under subsection (g) for the area. ``(D) Requirement of anticipated full funding.--The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. ``(4) Notice and comment.--Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of the disabled, representatives of users of pedestrian walkways and bicycle facilities, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program. ``(5) Selection of projects.-- ``(A) In general.--Except as otherwise provided in subsection (i)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP-- ``(i) by-- ``(I) in the case of projects under title 23, the State; and ``(II) in the case of projects under chapter 53, the designated recipients of public transportation funding; and ``(ii) in cooperation with the metropolitan planning organization. ``(B) Modifications to project priority.--Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. ``(6) Selection of projects from illustrative list.-- ``(A) No required selection.--Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). ``(B) Required action by the secretary.--Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. ``(7) Publication.-- ``(A) Publication of TIPs.--A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. ``(B) Publication of annual listings of projects.--An annual listing of projects for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the metropolitan planning organization for public review. The listing shall be consistent with the categories identified in the TIP. ``(i) Transportation Management Areas.-- ``(1) Identification and designation.-- ``(A) Required identification.--The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. ``(B) Designations on request.--The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. ``(2) Transportation plans.--In a metropolitan planning area serving a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. ``(3) Congestion management process.--Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under title 23 and chapter 53 through the use of travel demand reduction and operational management strategies and shall identify a sufficient number of congestion relief [[Page 6201]] activities under section 139 of title 23 to meet the requirements of such section. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than one year after the identification of a transportation management area. ``(4) Selection of projects.-- ``(A) In general.--All federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under title 23 (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under chapter 53 shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. ``(B) National highway system projects.--Projects, carried out within the boundaries of a metropolitan planning area serving a transportation management area, on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program under title 23 shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. ``(5) Certification.-- ``(A) In general.--The Secretary shall-- ``(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and ``(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process. ``(B) Requirements for certification.--The Secretary may make the certification under subparagraph (A) if-- ``(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and ``(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. ``(C) Effect of failure to certify.-- ``(i) Withholding of project funds.--If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under title 23 and chapter 53. ``(ii) Restoration of withheld funds.--The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. ``(D) Review of certification.--In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. ``(j) Abbreviated Plans for Certain Areas.-- ``(1) In general.--Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. ``(2) Nonattainment areas.--The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). ``(k) Additional Requirements for Certain Nonattainment Areas.-- ``(1) In general.--Notwithstanding any other provisions of title 23 or chapter 53, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. ``(2) Applicability.--This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (c). ``(l) Limitation on Statutory Construction.--Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under title 23 or chapter 53. ``(m) Funding.-- ``(1) Set-asides.--Funds set aside under section 104(f) of title 23 or section 5305(h) shall be available to carry out this section. ``(2) Other funding.--Funds made available under section 5338(c) shall be available to carry out this section. ``(n) Continuation of Current Review Practice.--Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under such Act. ``Sec. 5214. Statewide transportation planning ``(a) General Requirements.-- ``(1) Development of plans and programs.--To accomplish the objectives stated in section 5211, each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State subject to section 5213. ``(2) Contents.--The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. ``(3) Process of development.--The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5211, and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. ``(b) Coordination With Metropolitan Planning; State Implementation Plan.--A State shall-- ``(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5213 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and ``(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.). ``(c) Interstate Agreements.--The consent of Congress is granted to 2 or more States entering into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. ``(d) Scope of Planning Process.-- ``(1) In general.--Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will-- ``(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency; ``(B) increase the safety and security of the transportation system for motorized and nonmotorized users; ``(C) increase the accessibility and mobility of people and freight; ``(D) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; ``(E) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight; ``(F) promote efficient system management and operation; and ``(G) emphasize the preservation of the existing transportation system. ``(2) Failure to consider factors.--The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under title 23 or this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, the transportation improvement program, a project or strategy, or the certification of a planning process. ``(e) Additional Requirements.--In carrying out planning under this section, each State shall consider, at a minimum-- ``(1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation; ``(2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and ``(3) coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States. ``(f) Long-Range Statewide Transportation Plan.-- ``(1) Development.--Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State. ``(2) Consultation with governments.-- ``(A) Metropolitan areas.--The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5213. [[Page 6202]] ``(B) Nonmetropolitan areas.--With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in consultation with affected nonmetropolitan officials with responsibility for transportation. The Secretary shall not review or approve the consultation process in each State. ``(C) Indian tribal areas.--With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior. ``(3) Participation by interested parties.--In developing the statewide transportation plan, the State shall-- ``(A) provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan; and ``(B) identify transportation strategies necessary to efficiently serve the mobility needs of people. ``(4) Financial plan.--The statewide transportation plan may include a financial plan that demonstrates how the adopted statewide transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available. ``(5) Selection of projects from illustrative list.--A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (4). ``(6) Existing system.--The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system. ``(g) Statewide Transportation Improvement Program.-- ``(1) Development.--Each State shall develop a statewide transportation improvement program for all areas of the State. ``(2) Consultation with governments.-- ``(A) Metropolitan areas.--With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5213. ``(B) Nonmetropolitan areas.--With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. The Secretary shall not review or approve the specific consultation process in the State. ``(C) Indian tribal areas.--With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior. ``(3) Participation by interested parties.--In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program. ``(4) Included projects.-- ``(A) In general.--A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State. ``(B) Projects under chapter 2 of title 23.--All projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program. ``(C) Consistency with statewide transportation plan.--Each project shall be-- ``(i) consistent with the statewide transportation plan developed under this section for the State; ``(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and ``(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as nonattainment for ozone or carbon monoxide under that Act. ``(D) Requirement of anticipated full funding.--The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. ``(E) Financial plan.--The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. ``(F) Selection of projects from illustrative list.-- ``(i) No required selection.--Notwithstanding subparagraph (E), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (E). ``(ii) Required action by the secretary.--Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (E) for inclusion in an approved transportation improvement program. ``(G) Priorities.--The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by title 23 and chapter 53. ``(H) Prioritization of congestion relief activities.--The transportation improvement program shall reflect the priorities for congestion relief activities included in the metropolitan transportation plan to meet the requirements of section 139 of title 23. ``(5) Project selection for areas of less than 50,000 population.--Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or sections 5310, 5311, 5316, and 5317), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation. Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or under sections 5310, 5311, 5316, and 5317 shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation. ``(6) Transportation improvement program approval.--Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding. ``(7) Planning finding.--A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 5213. ``(8) Modifications to project priority.--Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program. ``(h) Funding.-- ``(1) Set-aside.--Funds set aside pursuant to section 104(i) of title 23 shall be available to carry out this section. ``(2) Other funding.--Funds made available under section 5338(c) shall be available to carry out this section. ``(i) Treatment of Certain State Laws as Congestion Management Processes.--For purposes of this section and section 5213, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under section 5213(i)(3) if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of section 5213, as appropriate. ``(j) Continuation of Current Review Practice.--Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under such Act.''. (b) Conforming Amendment.--The analysis for such subtitle is amended by inserting the following after the item relating to chapter 51: ``52. TRANSPORTATION PLANNING AND PROJECT DELIVERY......... 5201''. SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING. (a) Policy and Purpose.-- (1) Policy.--The Enlibra principles, as initially developed by the Western Governors Association and adopted by the National Governors Association, represent a sound basis for interaction among the Federal, State, local governments, and Indian tribes on environmental matters and should be followed in the development [[Page 6203]] of highway construction and public transit improvements. These principles are as follows: (A) Assign responsibilities at the right level. (B) Use collaborative processes to break down barriers and find solutions. (C) Move to a performance-based system. (D) Separate subjective choices from objective data gathering. (E) Pursue economic incentives whenever appropriate. (F) Ensure environmental understanding. (G) Make sure environmental decisions are fully informed. (H) Use appropriate geographic boundaries for environmental problems. (2) Purpose.--The purpose of this section is to reduce delays in the delivery of highway construction and public transportation capital projects arising from the environmental review process, while continuing to ensure the protection of the human and natural environment. (b) Project Development Procedures.--Chapter 52 of title 49, United States Code, as added by section 6001 of this Act, is amended by adding at the end the following: ``SUBCHAPTER C--EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING ``Sec. 5251. Definitions and applicability ``(a) Definitions.--In this section, the following definitions apply: ``(1) Agency.--The term `agency' means any agency, department, or other unit of Federal, State, local, or Indian tribal government. ``(2) Environmental impact statement.--The term `environmental impact statement' means the detailed statement of environmental impacts 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 an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(B) Inclusions.--The term 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) Lead agency.--The term `lead agency' means the Department of Transportation and, if applicable, any State or local governmental entity serving as a joint lead agency pursuant to this section. ``(5) Multimodal project.--The term `multimodal project' means a project funded, in whole or in part, under title 23 or chapter 53 and involving the participation of more than one Department of Transportation administration or agency. ``(6) Project.--The term `project' means any highway project, public transportation capital project, or multimodal project that requires the approval of the Secretary. ``(7) Project sponsor.--The term `project sponsor' means the agency or other entity, including any private or public- private entity, that seeks approval of the Secretary for a project. ``(8) State transportation department.--The term `State transportation department' means any statewide agency of a State with responsibility for one or more modes of transportation. ``(b) Applicability.--This subchapter is applicable to all projects for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). This subchapter may be applied, to the extent determined appropriate by the Secretary, to other projects for which an environmental document is prepared pursuant to such Act. Any authorities granted in this subchapter may be exercised for a project, class of projects, or program of projects. ``Sec. 5252. Project development procedures ``(a) Lead Agencies.-- ``(1) Federal lead agency.--The Department of Transportation shall be the Federal lead agency in the environmental review process for a project. ``(2) Project sponsor as joint lead agency.--Any project sponsor that is a State or local governmental entity receiving funds under title 23 or chapter 53 for the project shall serve as a joint lead agency with the Department for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and may prepare any such environmental document required in support of any action or approval by the Secretary if the Federal lead agency furnishes guidance in such preparation and independently evaluates such document and the document is approved and adopted by the Secretary prior to the Secretary taking any subsequent action or making any approval based on such document, whether or not the Secretary's action or approval results in Federal funding. ``(3) Ensuring compliance.--The Secretary shall ensure that the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection and that such document is appropriately supplemented if project changes become necessary. ``(4) Adoption and use of documents.--Any environmental document prepared in accordance with this subsection may be adopted or used by any Federal agency making any approval to the same extent that such Federal agency could adopt or use a document prepared by another Federal agency. ``(b) Participating Agencies.-- ``(1) In general.--The lead agency shall be responsible for inviting and designating participating agencies in accordance with this subsection. ``(2) Invitation.--The lead agency shall identify, as early as practicable in the environmental review process for a project, any other Federal and non-Federal agencies that may have an interest in the project, and shall invite such agencies to become participating agencies in the environmental review process for the project. The invitation shall set a deadline for responses to be submitted. The deadline may be extended by the lead agency for good cause. ``(3) Federal participating agencies.--Any Federal agency that is invited by the lead agency to participate in the environmental review process for a project shall be designated as a participating 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 participating agency under this subsection shall not imply that the participating agency-- ``(A) supports a proposed project; or ``(B) has any jurisdiction over, or special expertise with respect to evaluation of, the project. ``(5) Cooperating agency.--A participating agency may also be designated by a lead agency as a `cooperating agency' under the regulations contained in part 1500 of title 40, Code of Federal Regulations. ``(6) Designations for categories of projects.--The Secretary may exercise the authorities granted under this subsection for a project, class of projects, or program of projects. ``(c) Project Initiation.-- ``(1) In general.--The project sponsor shall initiate the environmental review process for a project by submitting an initiation notice to the Secretary. ``(2) Contents of notice.--The initiation notice shall include, at a minimum, a brief description of the type of work, termini, length, and general location of the proposed project, together with a statement of any Federal approvals anticipated to be needed for the project. ``(d) Purpose and Need.-- ``(1) Participation.--As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in defining the purpose and need for a project. ``(2) Definition.--Following participation under paragraph (1), the lead agency shall define the project's purpose and need for purposes of any document which the lead agency is responsible for preparing for the project. ``(3) Objectives.--The statement of purpose and need shall include a clear statement of the objectives that the proposed action is intended to achieve, which may include-- ``(A) achieving a transportation objective identified in an applicable statewide or metropolitan transportation plan; ``(B) supporting land use, economic development, or growth objectives established in applicable Federal, State, local, or tribal plans; and ``(C) serving national defense, national security, or other national objectives, as established in Federal laws, plans, or policies. ``(e) Alternatives Analysis.-- ``(1) Participation.--As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project. ``(2) Range of alternatives.--Following participation under paragraph (1), the lead agency shall determine the range of alternatives for consideration in any document which the lead agency is responsible for preparing for the project. ``(3) Methodologies.--The lead agency also shall determine, in collaboration with participating agencies at appropriate times during the study process, the methodologies to be used and the level of detail required in the analysis of each alternative for a project. ``(4) Preferred alternative.--At the discretion of the lead agency, the preferred alternative for a project, after being identified, may be developed to a higher level of detail than other alternatives in order to facilitate the development of mitigation measures or concurrent compliance with other applicable laws if the lead agency determines that the development of such higher level of detail will not prevent the lead agency from making an impartial decision as to whether to accept another alternative which is being considered in the environmental review process. ``(f) Comment Deadlines.--The lead agency shall establish the following deadlines for comment during the environmental review process for a project: ``(1) For comments by agencies and the public on a draft environmental impact statement, a period of no more than 60 days from the date of public availability of such document, unless-- ``(A) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or [[Page 6204]] ``(B) the deadline is extended by the lead agency for good cause. ``(2) For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of no more than 30 days from availability of the materials on which comment is requested, unless-- ``(A) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or ``(B) the deadline is extended by the lead agency for good cause. ``(g) Issue Identification and Resolution.-- ``(1) Cooperation.--The lead agency and the participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or could result in denial of any approvals required for the project under applicable laws. ``(2) Lead agency responsibilities.--The lead agency shall make information available to the participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. Such information may be based on existing data sources, including geographic information systems mapping. ``(3) Participating agency responsibilities.--Based on information received from the lead agency, participating agencies shall identify, as early as practicable, any issues of concern regarding the project's potential environmental or socioeconomic impacts. In this paragraph, issues of concern include any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project. ``(4) Issue resolution.--Whenever issues of concern are identified or at any time upon request of a project sponsor, the lead agency shall promptly convene a meeting with the relevant participating agencies. If a resolution cannot be achieved within 30 days following such a meeting and a determination by the lead agency that all information necessary to resolve the issue has been obtained, the lead agency shall notify the heads of all Federal agencies involved in the meeting and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and shall publish such notification in the Federal Register. ``(h) Participation of State Agencies.--For any project eligible for assistance under title 23 or chapter 53, a State may require, under procedures established by State law, that all State agencies that have jurisdiction by State or Federal law over environmental-related issues that may be affected by the project, or that are required to issue any environmental- related reviews, analyses, opinions, or determinations on issuing any permits, licenses, or approvals for the project, be subject to the coordinated environmental review process established under this section unless the Secretary determines that a State agency's participation would not be in the public interest. A State participating in the review process must require all State agencies with jurisdiction to be subject to and comply with the review process to the same extent as a Federal agency. ``(i) Assistance to Affected State and Federal Agencies.-- ``(1) In general.--For a project that is subject to the environmental review process established under this section and for which funds are made available to a State under title 23 or chapter 53, the Secretary may approve a request by the State to provide funds so made available to affected Federal agencies (including the Department of Transportation), State agencies, and Indian tribes participating in the environmental review process for the project. Such funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving transportation project planning and delivery. Such activities may include dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements. The Secretary may also use funds made available under section 204 of title 23 for a project for the purposes specified in this subsection with respect to the environmental review process for the project. ``(2) Amounts.--Requests under paragraph (1) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to meet the time limits for environmental review. ``(3) Condition.--A request under paragraph (1) to expedite time limits for environmental review may be approved only if such time limits are less than the customary time necessary for such review. ``(j) Judicial Review and Savings Clause.-- ``(1) Judicial review.--Except as set forth under subsection (k), nothing in this section shall affect the reviewability of any final Federal agency action in a court of the United States. ``(2) Savings clause.--Nothing in this section shall be construed as superseding, amending, or modifying the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental statute or affect the responsibility of any Federal officer to comply with or enforce any such statute. ``(3) Limitations.--Nothing in this section shall preempt or interfere with-- ``(A) any practice of seeking, considering, or responding to public comment; or ``(B) any power, jurisdiction, responsibility, or authority that a Federal, State, or local government agency, metropolitan planning organization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to projects, plans, or programs. ``(k) Limitations on Claims.-- ``(1) In general.--Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for a highway or public transportation capital project shall be barred unless it is filed within 90 days after the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval. ``(2) New information.--The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under section 771.130 of title 23, Code of Federal Regulations. The preparation of a supplemental environmental impact statement when required shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 90 days after the date of such action.''. (c) Repeal.--Section 1309 of the Transportation Equity Act for the 21st Century (112 Stat. 232) is repealed. SEC. 6003. POLICY ON HISTORIC SITES. (a) Title 49.--Section 303 of title 49, United States Code, is amended by adding at the end the following: ``(d) Special Rules for Historic Sites.-- ``(1) In general.--The requirements of this section are deemed to be satisfied in any case in which the treatment of a historic site has been agreed upon in accordance with section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and the agreement includes a determination that the program or project will not have an adverse effect on the historic site. ``(2) Limitation on applicability.--This subsection does not apply in any case in which the Advisory Council on Historic Preservation determines, concurrent with or prior to the conclusion of section 106 consultation, that allowing section 106 compliance to satisfy the requirements of this section would be inconsistent with the objectives of the National Historic Preservation Act. The Council shall make such a determination if petitioned to do so by a section 106 consulting party, unless the Council affirmatively finds that the views of the requesting party have been adequately considered and that section 106 compliance will adequately protect historic properties. ``(3) Definitions.--In this subsection, the following definitions apply: ``(A) Section 106 consultation.--The term `section 106 consultation' means the consultation process required under section 106 of the National Historic Preservation Act (16 U.S.C. 470f). ``(B) Adverse effect.--The term `adverse effect' means altering, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association.''. (b) Title 23.--Section 138 of title 23, United States Code is amended-- (1) by inserting ``(a) Policy.--'' before ``It is''; and (2) by striking ``In carrying'' and inserting the following: ``(c) Studies.--In carrying''; and (3) by inserting after subsection (a) (as designated by paragraph (1)) the following: ``(b) Special Rules for Historic Sites.-- ``(1) In general.--The requirements of this section are deemed to be satisfied in any case in which the treatment of a historic site has been agreed upon in accordance with section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and the agreement includes a determination that the program or project will not have an adverse effect on the historic site. ``(2) Limitation on applicability.--This subsection does not apply in any case in which the Advisory Council on Historic Preservation determines, concurrent with or prior to the conclusion of section 106 consultation, that allowing section 106 compliance to satisfy the requirements of this section would be inconsistent with the objectives of the National Historic Preservation Act. The Council shall make such a determination if petitioned to do so by a section 106 consulting party, unless the Council affirmatively finds that the views of the requesting party have been adequately considered and that section 106 compliance will adequately protect historic properties. ``(3) Definitions.--In this subsection, the following definitions apply: ``(A) Section 106 consultation.--The term `section 106 consultation' means the consultation process required under section 106 of the National Historic Preservation Act (16 U.S.C. 470f). ``(B) Adverse effect.--The term `adverse effect' means altering, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish [[Page 6205]] the integrity of the property's location, design, setting, materials, workmanship, feeling, or association.''. SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM. Section 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.--Subject to subparagraph (C), 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 is listed on, or eligible 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. ``(C) Construction, maintenance, restoration, and rehabilitation activities.--Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance with section 303 of title 49 or section 138 of this title, as applicable, and section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470f).''. TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 7002. FINDINGS AND PURPOSE. (a) Findings.--Congress finds with respect to hazardous materials transportation that-- (1) approximately 4,000,000,000 tons of regulated hazardous materials are transported each year and approximately 1,200,000 movements of hazardous materials occur each day, according to Department of Transportation estimates; (2) the movement of hazardous materials in commerce is necessary to maintain economic vitality and meet consumer demands and must be conducted in a safe and efficient manner; (3) accidents involving, or unauthorized access to, hazardous materials in transportation may result in a release of such materials and pose a serious threat to public health and safety; (4) many States and localities have enacted laws and regulations that vary from Federal laws and regulations pertaining to the transportation of hazardous materials, thereby creating the potential for unreasonable hazards in other jurisdictions and confounding shippers and carriers that attempt to comply with multiple regulatory requirements; (5) because of the potential risks to life, property, and the environment posed by unintentional releases of hazardous materials, consistency in laws and regulations governing the transportation of hazardous materials is necessary and desirable; (6) in order to achieve greater uniformity and to promote the public health, welfare, and safety at all levels, Federal standards for regulating the transportation of hazardous materials in intrastate, interstate, and foreign commerce are necessary and desirable; and (7) in order to provide reasonable, adequate, and cost- effective protection from the risks posed by the transportation of hazardous materials, a network of well- trained State and local emergency response personnel and hazmat employees is essential. (b) Purpose.--The text of section 5101 is amended to read as follows: ``The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.''. SEC. 7003. DEFINITIONS. Section 5102 is amended-- (1) in paragraph (1)-- (A) by striking ``or'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (C) by inserting at the end the following: ``(C) on a United States registered aircraft.''; (2) by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), and (14), respectively; and (3) by inserting after paragraph (10) the following: ``(11) `Secretary' means the Secretary of Transportation.''. SEC. 7004. GENERAL REGULATORY AUTHORITY. (a) Technical Amendments.--Section 5103(a) is amended-- (1) by striking ``etiologic agent,'' and inserting ``infectious substance,''; and (2) by striking ``poison,'' and inserting ``toxic,''. (b) Regulations for Safe Transportation.--Section 5103(b)(1)(A) is amended-- (1) in clause (i) by striking ``transporting'' and inserting ``that transports''; (2) in clause (ii)-- (A) by striking ``causing'' and inserting ``that causes''; and (B) by striking ``or'' at the end; and (3) by striking clause (iii) and inserting the following: ``(iii) that designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package or container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; ``(iv) that prepares or accepts hazardous material for transportation in commerce; ``(v) that is responsible for the safety of transporting hazardous material in commerce; ``(vi) that certifies compliance with any requirement of this chapter; or ``(vii) that misrepresents whether the person is engaged in any of the activities described in this subparagraph; and''. (c) Technical Amendment.--Section 5103(b) is amended-- (1) by moving subparagraph (C) from the end of paragraph (1) and inserting it after paragraph (2); (2) by redesignating such subparagraph as paragraph (3); and (3) by moving such paragraph (3) 2 ems to the left. SEC. 7005. CHEMICAL OR BIOLOGICAL MATERIALS. Section 5103a(c) is amended-- (1) in paragraph (2) by striking ``this subsection'' and inserting ``paragraph (1)''; and (2) by adding at the end the following: ``(3) Standards.--The Secretary shall prescribe by regulation uniform standards (including standards used to disqualify applicants) governing-- ``(A) the collection by States of background information authorized by paragraph (1); ``(B) the collection, transmission, and review of background information; and ``(C) the notification of an applicant of the results of the background check. ``(4) Fees.--A State may impose and collect an appropriate fee to carry out paragraph (1) consistent with section 5125(f). ``(5) Operators registered in mexico and canada.--No operator of a commercial motor vehicle (as defined in section 31101) licensed in Mexico or Canada may operate in the United States a commercial motor vehicle transporting hazardous material until the operator has undergone a background records check similar to the background records check required of operators of commercial motor vehicles licensed in the United States to transport hazardous materials.''. SEC. 7006. REPRESENTATION AND TAMPERING. (a) Representation.--Section 5104(a) is amended-- (1) by striking ``A person'' and inserting ``No person''; (2) in paragraph (1) by striking ``only if'' and all that follows through ``meets'' and inserting ``if it does not conform to''; and (3) in paragraph (2) by striking ``only if'' and inserting ``unless''. (b) Tampering.--Section 5104(b) is amended by striking ``A person may not'' and inserting ``No person may''. SEC. 7007. TECHNICAL AMENDMENTS. (a) Elimination of Completed Study.--Section 5105 is amended-- (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). (b) Classification of Explosives.--Section 5108(a)(1)(B) is amended by striking ``class A or B'' and inserting ``Division 1.1, 1.2, or 1.3''. SEC. 7008. TRAINING OF CERTAIN EMPLOYEES. Section 5107 is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h); (2) in subsection (g)(2) (as so redesignated) by striking ``sections 5106, 5108(a)-(g)(1) and (h), and 5109 of this title'' and inserting ``section 5106''; and (3) by inserting after subsection (e) the following: ``(f) Training of Certain Employees.--The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness/familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal Regulations.''. SEC. 7009. REGISTRATION. (a) Persons Required to File.--Section 5108(a) is amended-- (1) in paragraph (2)(B) by striking ``manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing'' and inserting ``designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing''; and (2) by aligning the left margin of paragraph (4) with the left margin of paragraph (3). (b) Filing Schedule.--Section 5108(c) is amended-- (1) by striking the subsection heading and inserting ``Filing Schedule''; and (2) in paragraph (1)-- (A) by striking ``must file the first'' and inserting ``shall file that''; (B) by striking ``not later than March 31, 1992'' and inserting ``in accordance with regulations issued by the Secretary''; and (C) by striking the second sentence. (c) Fees.--Section 5108(g) is amended-- (1) in paragraph (1) by striking ``may'' and inserting ``shall''; (2) in paragraph (2)(A) by striking ``$5,000'' and inserting ``$3,000''; and (3) by adding at the end the following: ``(3) Fees on exempt persons.--Notwithstanding subsection (a)(4), the Secretary shall impose and collect a fee of $25 from a person [[Page 6206]] who is required to register under this section but who is otherwise exempted by the Secretary from paying any fee under this section. The fee shall be used to pay the cost of the Secretary in processing registration statements filed by such persons.''. (d) Relationship to Other Laws.--Section 5108(i)(2)(B) is amended by inserting ``, Indian tribe,'' after ``State'' the first place it appears. (e) Hazmat Registration Notification.--As soon as practicable, the Administrator of the Research and Special Programs Administration of the Department of Transportation shall transmit to the Federal Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after the date of enactment of this Act under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant. SEC. 7010. PROVIDING SHIPPING PAPERS. Section 5110 is amended-- (1) in subsection (a) by striking ``under subsection (b) of this section'' and inserting ``by regulation''; and (2) in subsection (e) by striking ``1 year'' and inserting ``2 years after the date of preparation of the shipping paper''. SEC. 7011. RAIL TANK CARS. Section 5111, and the item relating to such section in the analysis for chapter 51, are repealed. SEC. 7012. UNSATISFACTORY SAFETY RATING. The text of section 5113 is amended to read as follows: ``A person who violates section 31144(c)(3) shall be subject to the penalties in sections 5123 and 5124.''. SEC. 7013. TRAINING CURRICULUM FOR THE PUBLIC SECTOR. (a) Requirements.--Section 5115(b)(1)(C) is amended by striking ``under other United States Government grant programs, including those'' and inserting ``with Federal financial assistance, including programs''. (b) Training on Complying With Legal Requirements.--Section 5115(c)(3) is amended by inserting before the period at the end the following: ``and such other voluntary consensus standard-setting organizations as the Secretary determines appropriate''. (c) Distribution and Publication.--Section 5115(d) is amended-- (1) in the matter preceding paragraph (1) by striking ``national response team'' and inserting ``National Response Team''; (2) in paragraph (1) by striking ``Director of the Federal Emergency Management Agency'' and inserting ``Secretary''; and (3) in paragraph (2)-- (A) by inserting ``and distribute'' after ``publish''; and (B) by striking ``programs that uses'' and all that follows before the period at the end and inserting ``programs and courses developed under this section''. SEC. 7014. PLANNING AND TRAINING GRANTS, MONITORING, AND REVIEW. (a) Factors to Consider in Determining Needs.--Section 5116(b)(4) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) the report submitted by the State to the Secretary under section 5125(f)(2); and''. (b) Compliance With Certain Law.--Section 5116(c) is amended-- (1) by inserting ``or Indian tribe'' after ``a State''; (2) by inserting ``or Indian tribe'' after ``the State'' the first place it appears; and (3) by inserting ``(1) the State or Indian tribe is complying with all applicable requirements of this chapter (including section 5125(f)), and (2) in the case of a State,'' after ``certifies that''. (c) Government's Share of Costs.--Section 5116(e) is amended by striking the second sentence and inserting the following: ``Amounts received by the State or tribe under subsections (a)(1) and (b)(1) are not part of the non- Government share under this subsection.''. (d) Monitoring and Technical Assistance.--Section 5116(f) is amended-- (1) in the first sentence-- (A) by striking ``Secretaries of Transportation and Energy,'' and inserting ``Secretary of Energy, Director of the Federal Emergency Management Agency,''; and (B) by striking ``Director of the Federal Emergency Management Agency shall'' and inserting ``Secretary of Transportation shall''; and (2) in the second sentence-- (A) by striking ``the Secretaries, Administrator, and Directors each shall'' and inserting ``the Secretary shall''; and (B) by striking ``national response team'' and inserting ``National Response Team''. (e) Delegation of Authority.--Section 5116(g) is amended by striking ``Government grant programs'' and inserting ``Federal financial assistance''. (f) Hazardous Materials Emergency Preparedness Fund.-- Section 5116(i) is amended-- (1) by striking the subsection heading and inserting ``Hazardous Materials Emergency Preparedness Fund.--''; (2) in the matter preceding paragraph (1)-- (A) by inserting ``, to be known as the `Hazardous Materials Emergency Preparedness Fund','' after ``account in the Treasury''; and (B) by striking ``section 5108(g)(2)(A) of this title'' and all that follows before the period at the end of the first sentence and inserting ``this chapter''; (3) by striking ``and'' at the end of paragraph (2); (4) by redesignating paragraph (3) as paragraph (4); and (5) by inserting after paragraph (2) the following: ``(3) to publish and distribute the Emergency Response Guidebook; and''. (g) Reports.--In section 5116(k)-- (1) by striking the first sentence and inserting the following: ``The Secretary shall submit to Congress and make available to the public annually a report on the allocation and uses of planning grants under subsection (a), training grants under subsection (b), and grants under subsection (j) and under section 5107.''; and (2) in the second sentence by striking ``Such report'' and inserting ``The report''. SEC. 7015. SPECIAL PERMITS AND EXCLUSIONS. (a) Section Heading.-- (1) In general.--Section 5117 is amended by striking the section number and heading and inserting the following: ``Sec. 5117. Special permits and exclusions''. (2) Conforming amendment.--The item relating to section 5117 in the analysis for chapter 51 is amended to read as follows: ``5117. Special permits and exclusions.''. (b) Subsection Heading.--The heading for subsection (a) of section 5117 is amended by striking ``Exempt'' and inserting ``Issue Special Permits''. (c) Authority to Issue Special Permits.--Section 5117(a)(1) is amended-- (1) by striking ``an exemption'' and inserting ``, modify, or terminate a special permit authorizing a variance''; and (2) by striking ``transporting, or causing to be transported, hazardous material'' and inserting ``performing a function regulated by the Secretary under section 5103(b)(1)''. (d) Period of Special Permit.--Section 5117(a)(2) is amended to read as follows: ``(2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for an additional period of not more than 4 years or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years.''. (e) Applications.--Sections 5117(b) is amended-- (1) by striking ``an exemption'' each place it appears and inserting ``a special permit''; and (2) by striking ``the exemption'' and inserting ``the special permit''. (f) Dealing With Applications Promptly.--Section 5117(c) is amended by striking ``the exemption'' each place it appears and inserting ``the special permit''. (g) Limitation on Authority.--Section 5117(e) is amended-- (1) by striking ``an exemption'' and inserting ``a special permit''; and (2) by striking ``be exempt'' and inserting ``be granted a variance''. SEC. 7016. UNIFORM FORMS AND PROCEDURES. Section 5119 is amended to read as follows: ``Sec. 5119. Uniform forms and procedures ``(a) Establishment of Working Group.--The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors' Association, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures. ``(b) Purpose of Working Group.--The purpose of the working group shall be to establish uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State. ``(c) Limitation on Working Group.--The working group may not propose to define or limit the amount of a fee a State may impose or collect. ``(d) Procedure.--The Secretary shall develop a procedure by which the working group shall harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each State's unique safety concerns and interest in maintaining strong hazmat safety standards. ``(e) Report of Working Group.--Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b). ``(f) Regulations.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. ``(g) Limitation on Statutory Construction.--Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).''. SEC. 7017. INTERNATIONAL UNIFORMITY OF STANDARDS AND REQUIREMENTS. (a) Consultation.--Section 5120(b) is amended by inserting ``and requirements'' after ``standards''. (b) Differences With International Standards and Requirements.--Section 5120(c) is amended-- (1) in paragraph (1) by inserting ``or requirement'' after ``standard'' each place it appears; and (2) in paragraph (2)-- (A) by inserting ``standard or'' before ``requirement'' each place it appears; and [[Page 6207]] (B) by striking ``included in a standard''. SEC. 7018. ADMINISTRATIVE. (a) General Authority.--Section 5121(a) is amended-- (1) in the first sentence by inserting ``conduct tests,'' after ``investigate,''; (2) in the second sentence by striking ``After'' and inserting ``Except as provided in subsections (c) and (d), after''; and (3) by striking ``regulation prescribed'' and inserting ``regulation, order, special permit, or approval issued''. (b) Records, Reports, and Information.--Section 5121(b) is amended-- (1) in paragraph (1) by inserting ``and property'' after ``records''; and (2) in paragraph (2)-- (A) by inserting ``property,'' after ``records,''; (B) by inserting ``for inspection'' after ``available''; and (C) by striking ``requests'' and inserting ``undertakes an investigation or makes a request''. (c) Enhanced Authority to Discover Hidden Shipments of Hazardous Material.--Section 5121(c) is amended to read as follows: ``(c) Inspections and Investigations.-- ``(1) In general.--A designated officer, employee, or agent of the Secretary may-- ``(A) inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1); ``(B) except in the case of packaging immediately adjacent to its hazardous material contents, gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material; ``(C) remove from transportation a package or related packages in a shipment offered for or in transportation for which-- ``(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and ``(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e); ``(D) gather information from the offeror, carrier, packaging manufacturer or retester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package; ``(E) as necessary, under terms and conditions specified by the Secretary, order the offeror, carrier, packaging manufacturer or retester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; and ``(F) when safety might otherwise be compromised, authorize properly qualified personnel to assist in the activities conducted under this subsection. ``(2) Display of credentials.--An officer, employee, or agent acting under this subsection shall display proper credentials when requested. ``(3) Safe resumption of transportation.--In instances when, as a result of an inspection or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist-- ``(A) in the safe resumption of transportation of the package concerned; or ``(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.''. (d) Emergency Authority for Hazardous Material Transportation.--Section 5121 is amended-- (1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (2) by inserting after subsection (c) the following: ``(d) Emergency Orders.-- ``(1) In general.--If, upon inspection, investigation, testing, or research, the Secretary determines that either a violation of a provision of this chapter or a regulation issued under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue an emergency order, without notice or the opportunity for a hearing, but only to the extent necessary to abate the imminent hazard. ``(2) Written orders.--An emergency order issued under paragraph (1) shall be in writing, describe the violation, condition, or practice that is causing the imminent hazard, and state the restrictions, prohibitions, recalls, or out-of- service orders issued. The emergency order also shall describe the standards and procedures for obtaining relief from the order. ``(3) Opportunity for review.--After issuing an emergency order under paragraph (1), the Secretary shall provide an opportunity for review of the order under section 554 of title 5 if a petition for review is filed within 20 calendar days after the date of issuance of the order. ``(4) Expiration of effectiveness of emergency order.--If a petition for review is filed for an order and the review is not completed by the end of the 30-day period beginning on the date the petition was filed, the order shall cease to be effective at the end of that period unless the Secretary determines in writing that the emergency situation still exists. ``(e) Guidance and Regulations.-- ``(1) Guidance.--Not later than 60 days after the date of enactment of the Transportation Equity Act: A Legacy for Users, the Secretary shall issue interim guidance to carry out subsections (c) and (d). ``(2) Regulations.--Not later than 1 year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.''. (e) Report.--Section 5121(g) (as redesignated by subsection (d)(1) of this section) is amended-- (1) in the matter preceding paragraph (1) by striking ``submit to the President for transmittal to the Congress'' and inserting ``transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate''; and (2) in paragraph (4) by inserting ``relating to a function regulated by the Secretary under section 5103(b)(1)'' after ``activities''. (f) Repeal of Obsolete Provision.--Section 5118, and the item relating to such section in the analysis for chapter 51, are repealed. SEC. 7019. ENFORCEMENT. (a) General.--Section 5122(a) is amended by striking the second sentence and inserting ``The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.''. (b) Imminent Hazards.--Section 5122(b) is amended-- (1) by striking paragraph (2); (2) by striking ``(1)''; (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (4) in paragraph (2) (as so redesignated) by striking ``or ameliorate the'' and inserting ``or mitigate the''. SEC. 7020. CIVIL PENALTY. (a) Penalty.--Section 5123(a) is amended-- (1) in paragraph (1)-- (A) by striking ``regulation prescribed or order issued'' and inserting ``regulation, order, special permit, or approval issued''; and (B) by striking ``$25,000'' and inserting ``$50,000''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $100,000.''. (b) Hearing Requirement.--Section 5123(b) is amended by striking ``regulation prescribed'' and inserting ``regulation, order, special permit, or approval issued''. (c) Civil Actions to Collect.--Section 5123(d) is amended-- (1) by striking ``Attorney General'' and inserting ``Secretary''; and (2) by adding at the end the following: ``In such action, the validity, amount, and appropriateness of the civil penalty shall not be subject to review.''. (d) Compromise.--Section 5123(e) is amended by striking ``before referral to the Attorney General''. SEC. 7021. CRIMINAL PENALTY. Section 5124 is amended to read as follows: ``Sec. 5124. Criminal penalty ``(a) In General.--A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person. ``(b) Knowing Violations.--For purposes of this section-- ``(1) a person acts knowingly when-- ``(A) the person has actual knowledge of the facts giving rise to the violation; or ``(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and ``(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section. ``(c) Willful Violations.--For purposes of this section, a person acts willfully when-- ``(1) the person has knowledge of the facts giving rise to the violation; and ``(2) the person has knowledge that the conduct was unlawful. ``(d) Reckless Violations.--For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person's conduct.''. SEC. 7022. PREEMPTION. (a) Dual Compliance and Obstacle Tests.--Section 5125(a) is amended by striking the subsection heading and inserting ``Dual Compliance and Obstacle Tests.--''. (b) Substantive Differences.--The second sentence of section 5125(b)(2) is amended by striking ``after November 16, 1990''. (c) Decisions on Preemption.--The third sentence of section 5125(d)(1) is amended by inserting ``and publish in the Federal Register'' after ``issue''. (d) Judicial Review.--Section 5125 is further amended-- (1) by striking subsection (f) and redesignating subsection (g) as subsection (f); (2) in subsection (f) (as so redesignated) by moving paragraph (2) (including subparagraphs (A) through (D)) 2 ems to the left; and [[Page 6208]] (3) by adding at the end the following: ``(g) Independent Application of Each Standard.-- Subsections (b), (c)(1), (d), and (g) are independent in their application to a requirement of any State, political subdivision of a State, or Indian tribe and shall be reviewed independently.''. SEC. 7023. RELATIONSHIP TO OTHER LAWS. Section 5126(a) is amended by striking ``must comply'' and inserting ``shall comply''. SEC. 7024. JUDICIAL REVIEW. (a) In General.--Chapter 51 is amended by redesignating section 5127 as section 5128 and by inserting after section 5126 the following: ``Sec. 5127. JUDICIAL REVIEW ``(a) Filing and Venue.--Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary's action becomes final. ``(b) Judicial Procedures.--When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28. ``(c) Authority of Court.--The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary's final action and may order the Secretary to conduct further proceedings. Findings of fact by the Secretary, if supported by substantial evidence, are conclusive. ``(d) Requirement for Prior Objection.--In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.''. (b) Conforming Amendment.--The analysis for chapter 51 is amended by striking the item relating to section 5127 and inserting the following: ``5127. Judicial review. ``5128. Authorization of appropriations.''. SEC. 7025. AUTHORIZATION OF APPROPRIATIONS. Section 5128 (as redesignated by section 7024) is amended to read as follows: ``Sec. 5128. Authorizations of appropriations ``(a) In General.--In order to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the following amounts are authorized to be appropriated to the Secretary: ``(1) For fiscal year 2004, $24,981,000. ``(2) For fiscal year 2005, $27,000,000. ``(3) For fiscal year 2006, $29,000,000. ``(4) For fiscal year 2007, $30,000,000. ``(b) Emergency Preparedness Fund.--There shall be available to the Secretary, from the account established pursuant to section 5116(i), for each of fiscal years 2004 through 2007 the following: ``(1) To carry out section 5115, $200,000. ``(2) To carry out section 5116(a), $8,000,000. ``(3) To carry out section 5116(b), $13,800,000. ``(4) To carry out section 5116(f), $150,000. ``(5) To publish and distribute the Emergency Response Guidebook under section 5116(i)(3), $500,000. ``(6) To pay administrative expenses in accordance with section 5116(i)(4), $150,000. ``(7) To carry out section 5116(j), $1,000,000. ``(c) Training of Hazmat Employee Instructors.--There shall be available to the Secretary, from the account established pursuant to section 5116(i), to carry out section 5107(e) $4,000,000 for each of fiscal years 2004 through 2007. ``(d) Uniform Forms and Procedures.--There is authorized to be appropriated to the Secretary for making grants to States participating in the working group established under section 5119 $1,000,000 for each of the fiscal years 2005 and 2006. ``(e) Issuance of Hazmat Licenses.--There are authorized to be appropriated for the Department of Transportation such amounts as may be necessary to carry out section 5103a. ``(f) Credits to Appropriations.--The Secretary may credit to any appropriation to carry out this chapter an amount received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, authority, or entity. ``(g) Availability of Amounts.--Amounts made available by or under this section remain available until expended.''. SEC. 7026. DETERMINING AMOUNT OF UNDECLARED SHIPMENTS OF HAZARDOUS MATERIALS ENTERING THE UNITED STATES. (a) Study.--The Comptroller General shall conduct a study to propose methods of determining the amount of undeclared shipments of hazardous materials (as defined in section 5101 of title 49, United States Code) entering the United States. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study. SEC. 7027. CONFORMING AMENDMENTS. Chapter 51 is amended by striking ``Secretary of Transportation'' each place it appears (other than the second place it appears in section 5108(g)(2)(C), the first place it appears in section 5115(a), and in sections 5116(g), 5116(i), and 5120(a)) and inserting ``Secretary''. TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE SEC. 8001. POLICY. The guaranteed funding levels provided under this Act are dependent on identifying additional budgetary resources. This title will continue sections 8101 and 8103 of the Transportation Equity Act for the 21st Century that guarantee that specific levels of authorized funding will be available for obligation each year by continuing the highway category budgetary firewall, which protects the Federal-aid highway program's obligation limitation, the programs of the Federal Motor Carrier Safety Administration, and the portion of the National Highway Traffic Safety Administration's programs funded from the Highway Trust Fund, and the mass transit category budgetary firewall, which protects the portion of the Federal Transit Administration programs funded from the Mass Transit Account of the Highway Trust Fund and the portion of such programs funded from the general fund of the Treasury. SEC. 8002. For purposes of clauses 2 and 3 of rule XXI of the House of Representatives, it shall be in order to transfer funds, in amounts specified in annual appropriations Acts to carry out the Transportation Equity Act: A Legacy for Users (including the amendments made by that Act), from the Federal Transit Administration's administrative expenses account to other mass transit budget accounts under section 250(c)(4)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE IX--TAX PROVISIONS SEC. 9000. SHORT TITLE, ETC. (a) Short Title.--This title may be cited as the ``Highway Reauthorization Tax Act of 2004''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this title 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 Internal Revenue Code of 1986. Subtitle A--Highway Trust Fund Extension SEC. 9101. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND. (a) Extension of Taxes.-- (1) In general.--The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``2005'' each place it appears and inserting ``2011'': (A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax on certain buses). (B) Section 4041(a)(2)(B) (relating to rate of tax on special motor fuels). (C) Section 4051(c) (relating to termination of tax on heavy trucks and trailers). (D) Section 4071(d) (relating to termination of tax on tires). (E) Section 4081(d)(1) (relating to termination of tax on gasoline, diesel fuel, and kerosene). (F) Section 4481(e) (relating to period tax in effect). (G) Section 4482(c)(4) (relating to taxable period). (H) Section 4482(d) (relating to special rule for taxable period in which termination date occurs). (2) Floor stocks refunds.--Section 6412(a)(1) of such Code (relating to floor stocks refunds) is amended-- (A) by striking ``2005'' each place it appears and inserting ``2011'', and (B) by striking ``2006'' each place it appears and inserting ``2012''. (b) Extension of Certain Exemptions.--The following provisions of such Code are each amended by striking ``2005'' and inserting ``2011'': (1) Section 4221(a) (relating to certain tax-free sales). (2) Section 4483(g) (relating to termination of exemptions for highway use tax). (c) Extension of Deposits Into Trust Funds.-- (1) In general.--Subsection (b), and paragraphs (2) and (3) of subsection (c), of section 9503 of such Code (relating to the Highway Trust Fund) are each amended-- (A) by striking ``2005'' each place it appears and inserting ``2011'', and (B) by striking ``2006'' each place it appears and inserting ``2012''. (2) Motorboat and small-engine fuel tax transfers.-- (A) In general.--Paragraphs (4)(A)(i) and (5)(A) of section 9503(c) of such Code are each amended by striking ``2005'' and inserting ``2011''. (B) Conforming amendments to land and water conservation fund.--Section 201(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-11(b)) is amended-- (i) by striking ``2003'' and inserting ``2009'', and (ii) by striking ``2004'' each place it appears and inserting ``2010''. (d) Extension and Expansion of Expenditures From Trust Funds.-- (1) Highway trust fund.-- (A) Highway account.--Paragraph (1) of section 9503(c) of such Code is amended-- (i) in the matter before subparagraph (A), by striking ``May 1, 2004'' and inserting ``October 1, 2009'', [[Page 6209]] (ii) by striking ``or'' at the end of subparagraph (F), (iii) by striking the period at the end of subparagraph (G) and inserting ``, or'', (iv) by inserting after subparagraph (G), the following new subparagraph: ``(H) authorized to be paid out of the Highway Trust Fund under the Transportation Equity Act: A Legacy for Users.'', and (v) in the matter after subparagraph (H), as added by clause (iv), by striking ``Surface Transportation Extension Act of 2004'' and inserting ``Transportation Equity Act: A Legacy for Users''. (B) Mass transit account.--Paragraph (3) of section 9503(e) of such Code is amended-- (i) in the matter before subparagraph (A), by striking ``May 1, 2004'' and inserting ``October 1, 2009'', (ii) in subparagraph (D), by striking ``or'' at the end of such subparagraph, (iii) in subparagraph (E), by inserting ``or'' at the end of such subparagraph, (iv) by inserting after subparagraph (E) the following new subparagraph: ``(F) the Transportation Equity Act: A Legacy for Users,'', and (v) in the matter after subparagraph (F), as added by clause (iv), by striking ``Surface Transportation Extension Act of 2004'' and inserting ``Transportation Equity Act: A Legacy for Users''. (C) Limitation on transfers.--Subparagraph (B) of section 9503(b)(5) of such Code is amended by striking ``May 1, 2004'' and inserting ``October 1, 2009''. (2) Aquatic resources trust fund.-- (A) Sport fish restoration account.--Paragraph (2) of section 9504(b) of such Code is amended by striking ``Surface Transportation Extension Act of 2004'' each place it appears and inserting ``Transportation Equity Act: A Legacy for Users''. (B) Boat safety account.--Subsection (c) of section 9504 of such Code is amended-- (i) by striking ``May 1, 2004'' and inserting ``October 1, 2009'', and (ii) by striking ``Surface Transportation Extension Act of 2004'' and inserting ``Transportation Equity Act: A Legacy for Users''. (C) Exception to limitation on transfers.--Paragraph (2) of section 9504(d) of such Code is amended by striking ``May 1, 2004'' and inserting ``October 1, 2009''. Subtitle B--Restructuring of Incentives for Alcohol Fuels, Etc. SEC. 9201. REDUCED RATES OF TAX ON GASOHOL REPLACED WITH EXCISE TAX CREDIT; REPEAL OF OTHER ALCOHOL- BASED FUEL INCENTIVES; ETC. (a) Excise Tax Credit for Alcohol Fuel Mixtures.-- (1) In general.--Subsection (f) of section 6427 is amended to read as follows: ``(f) Alcohol Fuel Mixtures.-- ``(1) In general.--The amount of credit which would (but for section 40(c)) be determined under section 40(a)(1) for any period-- ``(A) shall, with respect to taxable events occurring during such period, be treated-- ``(i) as a payment of the taxpayer's liability for tax imposed by section 4081, and ``(ii) as received at the time of the taxable event, and ``(B) to the extent such amount of credit exceeds such liability for such period, shall (except as provided in subsection (k)) be paid subject to subsection (i)(3) by the Secretary without interest. ``(2) Special rules.-- ``(A) Only certain alcohol taken into account.--For purposes of paragraph (1), section 40 shall be applied-- ``(i) by not taking into account alcohol with a proof of less than 190, and ``(ii) by treating as alcohol the alcohol gallon equivalent of ethyl tertiary butyl ether or other ethers produced from such alcohol. ``(B) Treatment of refiners.--For purposes of paragraph (1), in the case of a mixture-- ``(i) the alcohol in which is described in subparagraph (A)(ii), and ``(ii) which is produced by any person at a refinery prior to any taxable event, section 40 shall be applied by treating such person as having sold such mixture at the time of its removal from the refinery (and only at such time) to another person for use as a fuel. ``(3) Mixtures not used as fuel.--Rules similar to the rules of subparagraphs (A) and (D) of section 40(d)(3) shall apply for purposes of this subsection. ``(4) Termination.--This section shall apply only to periods to which section 40 applies, determined by substituting in section 40(e)-- ``(A) `December 31, 2010' for `December 31, 2007', and ``(B) `January 1, 2011' for `January 1, 2008'.'' (2) Revision of rules for payment of credit.--Paragraph (3) of section 6427(i) is amended to read as follows: ``(3) Special rule for alcohol mixture credit.-- ``(A) In general.--A claim may be filed under subsection (f)(1)(B) by any person for any period-- ``(i) for which $200 or more is payable under such subsection (f)(1)(B), and ``(ii) which is not less than 1 week. In the case of an electronic claim, this subparagraph shall be applied without regard to clause (i). ``(B) Payment of claim.--Notwithstanding subsection (f)(1)(B), if the Secretary has not paid pursuant to a claim filed under this section within 45 days of the date of the filing of such claim (20 days in the case of an electronic claim), the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621. ``(C) Time for filing claim.--No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim.'' (b) Repeal of Other Incentives for Fuel Mixtures.-- (1) Subsection (b) of section 4041 is amended to read as follows: ``(b) Exemption for Off-Highway Business Use.-- ``(1) In general.--No tax shall be imposed by subsection (a) or (d)(1) on liquids sold for use or used in an off- highway business use. ``(2) Tax where other use.--If a liquid on which no tax was imposed by reason of paragraph (1) is used otherwise than in an off-highway business use, a tax shall be imposed by paragraph (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is appropriate) and by the corresponding provision of subsection (d)(1) (if any). ``(3) Off-highway business use defined.--For purposes of this subsection, the term `off-highway business use' has the meaning given to such term by section 6421(e)(2); except that such term shall not, for purposes of subsection (a)(1), include use in a diesel-powered train.'' (2) Section 4041(k) is hereby repealed. (3) Section 4081(c) is hereby repealed. (4) Section 4091(c) is hereby repealed. (c) Transfers to Highway Trust Fund.--Paragraph (4) of section 9503(b) is amended by adding ``or'' at the end of subparagraph (B), by striking the comma at the end of subparagraph (C) and inserting a period, and by striking subparagraphs (D), (E), and (F). (d) Conforming Amendments.-- (1) Subsection (c) of section 40 is amended to read as follows: ``(c) Coordination With Excise Tax Benefits.--The amount of the credit determined under this section with respect to any alcohol shall, under regulations prescribed by the Secretary, be properly reduced to take into account the benefit provided with respect to such alcohol under section 6427(f).'' (2) Subparagraph (B) of section 40(d)(4) is amended by striking ``under section 4041(k) or 4081(c)'' and inserting ``under section 6427(f)''. (e) Effective Dates.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall apply to fuel sold or used after September 30, 2004. (2) Subsection (c).--The amendments made by subsection (c) shall apply to taxes imposed after September 30, 2003. SEC. 9202. ALCOHOL FUEL SUBSIDIES BORNE BY GENERAL FUND. (a) Transfers to Fund.--Section 9503(b)(1) is amended by adding at the end the following new flush sentence: ``For purposes of this paragraph, the amount of taxes received under section 4081 shall include any amount treated as a payment under section 6427(f)(1)(A) and shall not be reduced by the amount paid under section 6427(f)(1)(B).''. (b) Transfers From Fund.--Subparagraph (A) of section 9503(c)(2) is amended by adding at the end the following new sentence: ``Clauses (i)(III) and (ii) shall not apply to claims under section 6427(f)(1)(B).'' (c) Effective Date.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply to taxes received after September 30, 2004. (2) Subsection (b).--The amendment made by subsection (b) shall apply to amounts paid after September 30, 2004, and (to the extent related to section 34 of the Internal Revenue Code of 1986) to fuel used after such date. Subtitle C--Reduction of Fuel Tax Evasion SEC. 9301. EXEMPTION FROM CERTAIN EXCISE TAXES FOR MOBILE MACHINERY. (a) Exemption From Tax on Heavy Trucks and Trailers Sold at Retail.-- (1) In general.--Section 4053 (relating to exemptions) is amended by adding at the end the following new paragraph: ``(8) Mobile machinery.--Any vehicle which consists of a chassis-- ``(A) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, ``(B) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and ``(C) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis.''. (2) Effective date.--The amendment made by this subsection shall take effect on the day after the date of the enactment of this Act. (b) Exemption From Tax on Use of Certain Vehicles.-- (1) In general.--Section 4483 (relating to exemptions) is amended by redesignating subsection (g) as subsection (h) and by inserting [[Page 6210]] after subsection (f) the following new subsection: ``(g) Exemption for Mobile Machinery.--No tax shall be imposed by section 4481 on the use of any vehicle described in section 4053(8).''. (2) Effective date.--The amendments made by this subsection shall take effect on the day after the date of the enactment of this Act. (c) Exemption From Tax on Tires.-- (1) In General.--Section 4072(b)(2) is amended by adding at the end the following flush sentence: ``Such term shall not include tires of a type used exclusively on vehicles described in section 4053(8).''. (2) Effective date.--The amendment made by this subsection shall take effect on the day after the date of the enactment of this Act. (d) Refund of Fuel Taxes.-- (1) In general.--Section 6421(e)(2) (defining off-highway business use) is amended by adding at the end the following new subparagraph: ``(C) Uses in mobile machinery.-- ``(i) In general.--The term `off-highway business use' shall include any use in a vehicle which meets the requirements described in clause (ii). ``(ii) Requirements for mobile machinery.--The requirements described in this clause are-- ``(I) the design-based test, and ``(II) the use-based test. ``(iii) Design-based test.--For purposes of clause (ii)(I), the design-based test is met if the vehicle consists of a chassis-- ``(I) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, ``(II) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and ``(III) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis. ``(iv) Use-based test.--For purposes of clause (ii)(II), the use-based test is met if the use of the vehicle on public highways was less than 7,500 miles during the taxpayer's taxable year.''. (2) No tax-free sales.--Subsection (b) of section 4082, as amended by section 9302, is amended by inserting before the period at the end ``and such term shall not include any use described in section 6421(e)(2)(C)''. (3) Annual refund of tax paid.--Section 6427(i)(2) (relating to exceptions) is amended by adding at the end the following new subparagraph: ``(C) Nonapplication of paragraph.--This paragraph shall not apply to any fuel used solely in any off-highway business use described in section 6421(e)(2)(C).''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 9302. TAXATION OF AVIATION-GRADE KEROSENE. (a) Rate of Tax.-- (1) In general.--Subparagraph (A) of section 4081(a)(2) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) in the case of aviation-grade kerosene, 21.8 cents per gallon.''. (2) Commercial aviation.--Paragraph (2) of section 4081(a) is amended by adding at the end the following new subparagraph: ``(C) Taxes imposed on fuel used in commercial aviation.--In the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in commercial aviation, the rate of tax under subparagraph (A)(iv) shall be 4.3 cents per gallon.''. (3) Certain refueler trucks, tankers, and tank wagons treated as terminal.--Subsection (a) of section 4081 is amended by adding at the end the following new paragraph: ``(3) Certain refueler trucks, tankers, and tank wagons treated as terminal.-- ``(A) In general.--In the case of aviation-grade kerosene which is removed from any terminal directly into the fuel tank of an aircraft (determined without regard to any refueler truck, tanker, or tank wagon which meets the requirements of subparagraph (B)), a refueler truck, tanker, or tank wagon shall be treated as part of such terminal if-- ``(i) such truck, tanker, or wagon meets the requirements of subparagraph (B) with respect to an airport, and ``(ii) except in the case of exigent circumstances identified by the Secretary in regulations, no vehicle registered for highway use is loaded with aviation-grade kerosene at such terminal. ``(B) Requirements.--A refueler truck, tanker, or tank wagon meets the requirements of this subparagraph with respect to an airport if such truck, tanker, or wagon-- ``(i) is loaded with aviation-grade kerosene at such terminal located within such airport and delivers such kerosene only into aircraft at such airport, ``(ii) has storage tanks, hose, and coupling equipment designed and used for the purposes of fueling aircraft, ``(iii) is not registered for highway use, and ``(iv) is operated by-- ``(I) the terminal operator of such terminal, or ``(II) a person that makes a daily accounting to such terminal operator of each delivery of fuel from such truck, tanker, or wagon. ``(C) Reporting.--The Secretary shall require under section 4101(d) reporting by such terminal operator of-- ``(i) any information obtained under subparagraph (B)(iv)(II), and ``(ii) any similar information maintained by such terminal operator with respect to deliveries of fuel made by trucks, tankers, or wagons operated by such terminal operator.''. (4) Liability for tax on aviation-grade kerosene used in commercial aviation.--Subsection (a) of section 4081 is amended by adding at the end the following new paragraph: ``(4) Liability for tax on aviation-grade kerosene used in commercial aviation.--For purposes of paragraph (2)(C), the person who uses the fuel for commercial aviation shall pay the tax imposed under such paragraph. For purposes of the preceding sentence, fuel shall be treated as used when such fuel is removed into the fuel tank.''. (5) Nontaxable uses.-- (A) In general.--Section 4082 is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following new subsection: ``(e) Aviation-Grade Kerosene.--In the case of aviation- grade kerosene which is exempt from the tax imposed by section 4041(c) (other than by reason of a prior imposition of tax) and which is removed from any refinery or terminal directly into the fuel tank of an aircraft, the rate of tax under section 4081(a)(2)(A)(iv) shall be zero.''. (B) Conforming amendments.-- (i) Subsection (b) of section 4082 is amended by adding at the end the following new flush sentence: ``The term `nontaxable use' does not include the use of aviation-grade kerosene in an aircraft.''. (ii) Section 4082(d) is amended by striking paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (6) Nonaircraft use of aviation-grade kerosene.-- (A) In general.--Subparagraph (B) of section 4041(a)(1) is amended by adding at the end the following new sentence: ``This subparagraph shall not apply to aviation-grade kerosene.''. (B) Conforming amendment.--The heading for paragraph (1) of section 4041(a) is amended by inserting ``and kerosene'' after ``diesel fuel''. (b) Commercial Aviation.--Section 4083 is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Commercial Aviation.--For purposes of this subpart, the term `commercial aviation' means any use of an aircraft in a business of transporting persons or property for compensation or hire by air, unless properly allocable to any transportation exempt from the taxes imposed by sections 4261 and 4271 by reason of section 4281 or 4282 or by reason of section 4261(h).''. (c) Refunds.-- (1) In general.--Paragraph (4) of section 6427(l) is amended to read as follows: ``(4) Refunds for aviation-grade kerosene.-- ``(A) No refund of certain taxes on fuel used in commercial aviation.--In the case of aviation-grade kerosene used in commercial aviation (as defined in section 4083(b)) (other than supplies for vessels or aircraft within the meaning of section 4221(d)(3)), paragraph (1) shall not apply to so much of the tax imposed by section 4081 as is attributable to-- ``(i) the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section, and ``(ii) so much of the rate of tax specified in section 4081(a)(2)(A)(iv) as does not exceed 4.3 cents per gallon. ``(B) Payment to ultimate, registered vendor.--With respect to aviation-grade kerosene, if the ultimate purchaser of such kerosene waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor-- ``(i) is registered under section 4101, and ``(ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1).''. (2) Time for filing claims.--Subparagraph (A) of section 6427(i)(4) is amended-- (A) by striking ``subsection (l)(5)'' both places it appears and inserting ``paragraph (4)(B) or (5) of subsection (l)'', and (B) by striking ``the preceding sentence'' and inserting ``subsection (l)(5)''. (3) Conforming amendment.--Subparagraph (B) of section 6427(l)(2) is amended to read as follows: ``(B) in the case of aviation-grade kerosene-- [[Page 6211]] ``(i) any use which is exempt from the tax imposed by section 4041(c) other than by reason of a prior imposition of tax, or ``(ii) any use in commercial aviation (within the meaning of section 4083(b)).''. (d) Repeal of Prior Taxation of Aviation Fuel.-- (1) In general.--Part III of subchapter A of chapter 32 is amended by striking subpart B and by redesignating subpart C as subpart B. (2) Conforming amendments.-- (A) Section 4041(c) is amended to read as follows: ``(c) Aviation-Grade Kerosene.-- ``(1) In general.--There is hereby imposed a tax upon aviation-grade kerosene-- ``(A) sold by any person to an owner, lessee, or other operator of an aircraft for use in such aircraft, or ``(B) used by any person in an aircraft unless there was a taxable sale of such fuel under subparagraph (A). ``(2) Exemption for previously taxed fuel.--No tax shall be imposed by this subsection on the sale or use of any aviation-grade kerosene if tax was imposed on such liquid under section 4081 and the tax thereon was not credited or refunded. ``(3) Rate of tax.--The rate of tax imposed by this subsection shall be the rate of tax specified in section 4081(a)(2)(A)(iv) which is in effect at the time of such sale or use.''. (B) Section 4041(d)(2) is amended by striking ``section 4091'' and inserting ``section 4081''. (C) Section 4041 is amended by striking subsection (e). (D) Section 4041 is amended by striking subsection (i). (E) Sections 4101(a), 4103, 4221(a), and 6206 are each amended by striking ``, 4081, or 4091'' and inserting ``or 4081''. (F) Section 6416(b)(2) is amended by striking ``4091 or''. (G) Section 6416(b)(3) is amended by striking ``or 4091'' each place it appears. (H) Section 6416(d) is amended by striking ``or to the tax imposed by section 4091 in the case of refunds described in section 4091(d)''. (I) Section 6427(j)(1) is amended by striking ``, 4081, and 4091'' and inserting ``and 4081''. (J)(i) Section 6427(l)(1) is amended to read as follows: ``(1) In general.--Except as otherwise provided in this subsection and in subsection (k), if any diesel fuel or kerosene on which tax has been imposed by section 4041 or 4081 is used by any person in a nontaxable use, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the aggregate amount of tax imposed on such fuel under section 4041 or 4081, as the case may be, reduced by any payment made to the ultimate vendor under paragraph (4)(B).''. (ii) Paragraph (5)(B) of section 6427(l) is amended by striking ``Paragraph (1)(A) shall not apply to kerosene'' and inserting ``Paragraph (1) shall not apply to kerosene (other than aviation-grade kerosene)''. (K) Subparagraph (B) of section 6724(d)(1) is amended by striking clause (xv) and by redesignating the succeeding clauses accordingly. (L) Paragraph (2) of section 6724(d) is amended by striking subparagraph (W) and by redesignating the succeeding subparagraphs accordingly. (M) Paragraph (1) of section 9502(b) is amended by adding ``and'' at the end of subparagraph (B) and by striking subparagraphs (C) and (D) and inserting the following new subparagraph: ``(C) section 4081 with respect to aviation gasoline and aviation-grade kerosene, and''. (N) The last sentence of section 9502(b) is amended to read as follows: ``There shall not be taken into account under paragraph (1) so much of the taxes imposed by section 4081 as are determined at the rate specified in section 4081(a)(2)(B).''. (O) Subsection (b) of section 9508 is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (P) Section 9508(c)(2)(A) is amended by striking ``sections 4081 and 4091'' and inserting ``section 4081''. (Q) The table of subparts for part III of subchapter A of chapter 32 is amended to read as follows: ``Subpart A. Motor and aviation fuels. ``Subpart B. Special provisions applicable to fuels tax.''. (R) The heading for subpart A of part III of subchapter A of chapter 32 is amended to read as follows: ``Subpart A--Motor and Aviation Fuels''. (S) The heading for subpart B of part III of subchapter A of chapter 32, as redesignated by paragraph (1), is amended to read as follows: ``Subpart B--Special Provisions Applicable to Fuels Tax''. (e) Effective Date.--The amendments made by this section shall apply to aviation-grade kerosene removed, entered, or sold after September 30, 2004. (f) Floor Stocks Tax.-- (1) In general.--There is hereby imposed on aviation- grade kerosene held on October 1, 2004, by any person a tax equal to-- (A) the tax which would have been imposed before such date on such kerosene had the amendments made by this section been in effect at all times before such date, reduced by (B) the tax imposed before such date under section 4091 of the Internal Revenue Code of 1986, as in effect on the day before the date of the enactment of this Act. (2) Liability for tax and method of payment.-- (A) Liability for tax.--The person holding the kerosene on October 1, 2004, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method and time for payment.--The tax imposed by paragraph (1) shall be paid at such time and in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall prescribe, including the nonapplication of such tax on de minimis amounts of kerosene. (3) Transfer of floor stock tax revenues to trust funds.--For purposes of determining the amount transferred to any trust fund, the tax imposed by this subsection shall be treated as imposed by section 4081 of the Internal Revenue Code of 1986-- (A) at the Leaking Underground Storage Tank Trust Fund financing rate under such section to the extent of 0.1 cents per gallon, and (B) at the rate under section 4081(a)(2)(A)(iv) to the extent of the remainder. (4) Held by a person.--For purposes of this section, kerosene shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made). (5) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the tax imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock tax imposed by paragraph (1) to the same extent as if such tax were imposed by such section. SEC. 9303. DYE INJECTION EQUIPMENT. (a) In General.--Section 4082(a)(2) (relating to exemptions for diesel fuel and kerosene) is amended by inserting ``by mechanical injection'' after ``indelibly dyed''. (b) Dye Injector Security.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations regarding mechanical dye injection systems described in the amendment made by subsection (a), and such regulations shall include standards for making such systems tamper resistant. (c) Penalty for Tampering With or Failing To Maintain Security Requirements for Mechanical Dye Injection Systems.-- (1) In general.--Part I of subchapter B of chapter 68 (relating to assessable penalties) is amended by adding after section 6715 the following new section: ``SEC. 6715A. TAMPERING WITH OR FAILING TO MAINTAIN SECURITY REQUIREMENTS FOR MECHANICAL DYE INJECTION SYSTEMS. ``(a) Imposition of Penalty-- ``(1) Tampering.--If any person tampers with a mechanical dye injection system used to indelibly dye fuel for purposes of section 4082, such person shall pay a penalty in addition to the tax (if any). ``(2) Failure to maintain security requirements.--If any operator of a mechanical dye injection system used to indelibly dye fuel for purposes of section 4082 fails to maintain the security standards for such system as established by the Secretary, then such operator shall pay a penalty in addition to the tax (if any). ``(b) Amount of Penalty.--The amount of the penalty under subsection (a) shall be-- ``(1) for each violation described in paragraph (1), the greater of-- ``(A) $25,000, or ``(B) $10 for each gallon of fuel involved, and ``(2) for each-- ``(A) failure to maintain security standards described in paragraph (2), $1,000, and ``(B) failure to correct a violation described in paragraph (2), $1,000 per day for each day after which such violation was discovered or such person should have reasonably known of such violation. ``(c) Joint and Several Liability.-- ``(1) In general.--If a penalty is imposed under this section on any business entity, each officer, employee, or agent of such entity or other contracting party who willfully participated in any act giving rise to such penalty shall be jointly and severally liable with such entity for such penalty. ``(2) Affiliated groups.--If a business entity described in paragraph (1) is part of an affiliated group (as defined in section 1504(a)), the parent corporation of such entity shall be jointly and severally liable with such entity for the penalty imposed under this section.''. (2) Clerical amendment.--The table of sections for part I of subchapter B of chapter 68 is amended by adding after the item related to section 6715 the following new item: ``Sec. 6715A. Tampering with or failing to maintain security requirements for mechanical dye injection systems.''. (d) Effective Date.--The amendments made by subsections (a) and (c) shall take effect on the 180th day after the date on which the Secretary issues the regulations described in subsection (b). SEC. 9304. AUTHORITY TO INSPECT ON-SITE RECORDS. (a) In General.--Section 4083(d)(1)(A) (relating to administrative authority), as previously amended by this Act, is amended by striking ``and'' at the end of clause (i) and by inserting after clause (ii) the following new clause: ``(iii) inspecting any books and records and any shipping papers pertaining to such fuel, and''. [[Page 6212]] (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 9305. REGISTRATION OF PIPELINE OR VESSEL OPERATORS REQUIRED FOR EXEMPTION OF BULK TRANSFERS TO REGISTERED TERMINALS OR REFINERIES. (a) In General.--Section 4081(a)(1)(B) (relating to exemption for bulk transfers to registered terminals or refineries) is amended-- (1) by inserting ``by pipeline or vessel'' after ``transferred in bulk'', and (2) by inserting ``, the operator of such pipeline or vessel,'' after ``the taxable fuel''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2004. (c) Publication of Registered Persons.--Beginning on July 1, 2004, the Secretary of the Treasury (or the Secretary's delegate) shall periodically publish a current list of persons registered under section 4101 of the Internal Revenue Code of 1986 who are required to register under such section. SEC. 9306. DISPLAY OF REGISTRATION. (a) In General.--Subsection (a) of section 4101 (relating to registration) is amended-- (1) by striking ``Every'' and inserting the following: ``(1) In general.--Every'', and (2) by adding at the end the following new paragraph: ``(2) Display of registration.--Every operator of a vessel required by the Secretary to register under this section shall display proof of registration through an electronic identification device prescribed by the Secretary on each vessel used by such operator to transport any taxable fuel.''. (b) Civil Penalty for Failure To Display Registration.-- (1) In general.--Part I of subchapter B of chapter 68 (relating to assessable penalties) is amended by inserting after section 6716 the following new section: ``SEC. 6717. FAILURE TO DISPLAY TAX REGISTRATION ON VESSELS. ``(a) Failure To Display Registration.--Every operator of a vessel who fails to display proof of registration pursuant to section 4101(a)(2) shall pay a penalty of $500 for each such failure. With respect to any vessel, only one penalty shall be imposed by this section during any calendar month. ``(b) Multiple Violations.--In determining the penalty under subsection (a) on any person, subsection (a) shall be applied by increasing the amount in subsection (a) by the product of such amount and the aggregate number of penalties (if any) imposed with respect to prior months by this section on such person (or a related person or any predecessor of such person or related person). ``(c) Reasonable Cause Exception.--No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause.''. (2) Clerical amendment.--The table of sections for part I of subchapter B of chapter 68 is amended by inserting after the item relating to section 6716 the following new item: ``Sec. 6717. Failure to display tax registration on vessels.''. (c) Effective Dates.-- (1) Subsection (a).--The amendments made by subsection (a) shall take effect on October 1, 2004. (2) Subsection (b).--The amendments made by subsection (b) shall apply to penalties imposed after September 30, 2004. SEC. 9307. PENALTIES FOR FAILURE TO REGISTER AND FAILURE TO REPORT. (a) Increased Penalty.--Subsection (a) of section 7272 (relating to penalty for failure to register) is amended by inserting ``($10,000 in the case of a failure to register under section 4101)'' after ``$50''. (b) Increased Criminal Penalty.--Section 7232 (relating to failure to register under section 4101, false representations of registration status, etc.) is amended by striking ``$5,000'' and inserting ``$10,000''. (c) Assessable Penalty for Failure To Register.-- (1) In general.--Part I of subchapter B of chapter 68 (relating to assessable penalties) is amended by inserting after section 6717 the following new section: ``SEC. 6718. FAILURE TO REGISTER. ``(a) Failure To Register.--Every person who is required to register under section 4101 and fails to do so shall pay a penalty in addition to the tax (if any). ``(b) Amount of Penalty.--The amount of the penalty under subsection (a) shall be-- ``(1) $10,000 for each initial failure to register, and ``(2) $1,000 for each day thereafter such person fails to register. ``(c) Reasonable Cause Exception.--No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause.''. (2) Clerical amendment.--The table of sections for part I of subchapter B of chapter 68 is amended by inserting after the item relating to section 6717 the following new item: ``Sec. 6718. Failure to register.''. (d) Assessable Penalty for Failure To Report.-- (1) In general.--Part II of subchapter B of chapter 68 (relating to assessable penalties) is amended by adding at the end the following new section: ``SEC. 6725. FAILURE TO REPORT INFORMATION UNDER SECTION 4101. ``(a) In General.--In the case of each failure described in subsection (b) by any person with respect to a vessel or facility, such person shall pay a penalty of $10,000 in addition to the tax (if any). ``(b) Failures Subject to Penalty.--For purposes of subsection (a), the failures described in this subsection are-- ``(1) any failure to make a report under section 4101(d) on or before the date prescribed therefor, and ``(2) any failure to include all of the information required to be shown on such report or the inclusion of incorrect information. ``(c) Reasonable Cause Exception.--No penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause.''. (2) Clerical amendment.--The table of sections for part II of subchapter B of chapter 68 is amended by adding at the end the following new item: ``Sec. 6725. Failure to report information under section 4101.''. (e) Effective Date.--The amendments made by this section shall apply to penalties imposed after September 30, 2004. SEC. 9308. COLLECTION FROM CUSTOMS BOND WHERE IMPORTER NOT REGISTERED. (a) Tax at Point of Entry Where Importer Not Registered.--Subpart B of part III of subchapter A of chapter 32, as redesignated by section 9302(d), is amended by adding after section 4103 the following new section: ``SEC. 4104. COLLECTION FROM CUSTOMS BOND WHERE IMPORTER NOT REGISTERED. ``(a) In General.--The importer of record shall be jointly and severally liable for the tax imposed by section 4081(a)(1)(A)(iii) if, under regulations prescribed by the Secretary, any other person that is not a person who is registered under section 4101 is liable for such tax. ``(b) Collection From Customs Bond.--If any tax for which any importer of record is liable under subsection (a), or for which any importer of record that is not a person registered under section 4101 is otherwise liable, is not paid on or before the last date prescribed for payment, the Secretary may collect such tax from the Customs bond posted with respect to the importation of the taxable fuel to which the tax relates. For purposes of determining the jurisdiction of any court of the United States or any agency of the United States, any action by the Secretary described in the preceding sentence shall be treated as an action to collect the tax from a bond described in section 4101(b)(1) and not as an action to collect from a bond relating to the importation of merchandise.''. (b) Conforming Amendment.--The table of sections for subpart B of part III of subchapter A of chapter 32, as redesignated by section 9302(d), is amended by adding after the item related to section 4103 the following new item: ``Sec. 4104. Collection from Customs bond where importer not registered.''. (c) Effective Date.--The amendments made by this section shall apply with respect to fuel entered after September 30, 2004. SEC. 9309. MODIFICATIONS OF TAX ON USE OF CERTAIN VEHICLES. (a) Proration of Tax Where Vehicle Sold.-- (1) In general.--Subparagraph (A) of section 4481(c)(2) (relating to where vehicle destroyed or stolen) is amended by striking ``destroyed or stolen'' both places it appears and inserting ``sold, destroyed, or stolen''. (2) Conforming amendment.--The heading for section 4481(c)(2) is amended by striking ``destroyed or stolen'' and inserting ``sold, destroyed, or stolen''. (b) Repeal of Installment Payment.-- (1) Section 6156 (relating to installment payment of tax on use of highway motor vehicles) is repealed. (2) The table of sections for subchapter A of chapter 62 is amended by striking the item relating to section 6156. (c) Electronic Filing.--Section 4481 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Electronic Filing.--Any taxpayer who files a return under this section with respect to 25 or more vehicles for any taxable period shall file such return electronically.''. (d) Repeal of Reduction in Tax for Certain Trucks.-- Section 4483 is amended by striking subsection (f). (e) Effective Date.--The amendments made by this section shall apply to taxable periods beginning after the date of the enactment of this Act. SEC. 9310. MODIFICATION OF ULTIMATE VENDOR REFUND CLAIMS WITH RESPECT TO FARMING. (a) In General.-- (1) Refunds.--Section 6427(l) is amended by adding at the end the following new paragraph: ``(6) Registered vendors permitted to administer certain claims for refund of diesel fuel and kerosene sold to farmers.-- ``(A) In general.--In the case of diesel fuel or kerosene used on a farm for farming purposes (within the meaning of section 6420(c)), paragraph (1) shall not apply to the aggregate amount of such diesel fuel or kerosene if such amount does not exceed 250 gallons (as determined under subsection (i)(5)(A)(iii)). ``(B) Payment to ultimate vendor.--The amount which would (but for subparagraph (A)) have been paid under paragraph (1) with respect to any fuel shall be paid to the ultimate vendor of such fuel, if such vendor-- [[Page 6213]] ``(i) is registered under section 4101, and ``(ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1).''. (2) Filing of claims.--Section 6427(i) is amended by inserting at the end the following new paragraph: ``(5) Special rule for vendor refunds with respect to farmers.-- ``(A) In general.--A claim may be filed under subsection (l)(6) by any person with respect to fuel sold by such person for any period-- ``(i) for which $200 or more ($100 or more in the case of kerosene) is payable under subsection (l)(6), ``(ii) which is not less than 1 week, and ``(iii) which is for not more than 250 gallons for each farmer for which there is a claim. Notwithstanding subsection (l)(1), paragraph (3)(B) shall apply to claims filed under the preceding sentence. ``(B) Time for filing claim.--No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the earliest quarter included in the claim.''. (3) Conforming amendments.-- (A) Section 6427(l)(5)(A) is amended to read as follows: ``(A) In general.--Paragraph (1) shall not apply to diesel fuel or kerosene used by a State or local government.''. (B) The heading for section 6427(l)(5) is amended by striking ``farmers and''. (b) Effective Date.--The amendment made by this section shall apply to fuels sold for nontaxable use after the date of the enactment of this Act. SEC. 9311. DEDICATION OF REVENUES FROM CERTAIN PENALTIES TO THE HIGHWAY TRUST FUND. (a) In General.--Subsection (b) of section 9503 (relating to transfer to Highway Trust Fund of amounts equivalent to certain taxes) is amended by redesignating paragraph (5) as paragraph (6) and inserting after paragraph (4) the following new paragraph: ``(5) Certain penalties.--There are hereby appropriated to the Highway Trust Fund amounts equivalent to the penalties paid under sections 6715, 6715A, 6717, 6718, 6725, 7232, and 7272 (but only with regard to penalties under such section related to failure to register under section 4101).''. (b) Conforming Amendments.-- (1) The heading of subsection (b) of section 9503 is amended by inserting ``and Penalties'' after ``Taxes''. (2) The heading of paragraph (1) of section 9503(b) is amended by striking ``In general'' and inserting ``Certain taxes''. (c) Effective Date.--The amendments made by this section shall apply to penalties assessed after October 1, 2004. Subtitle D--Other Excise Tax Provisions SEC. 9401. TAXABLE FUEL REFUNDS FOR CERTAIN ULTIMATE VENDORS. (a) In General.--Paragraph (4) of section 6416(a) (relating to abatements, credits, and refunds) is amended to read as follows: ``(4) Registered ultimate vendor to administer credits and refunds of gasoline tax.-- ``(A) In general.--For purposes of this subsection, if an ultimate vendor purchases any gasoline on which tax imposed by section 4081 has been paid and sells such gasoline to an ultimate purchaser described in subparagraph (C) or (D) of subsection (b)(2) (and such gasoline is for a use described in such subparagraph), such ultimate vendor shall be treated as the person (and the only person) who paid such tax, but only if such ultimate vendor is registered under section 4101. For purposes of this subparagraph, if the sale of gasoline is made by means of a credit card, the person extending the credit to the ultimate purchaser shall be deemed to be the ultimate vendor. ``(B) Timing of claims.--The procedure and timing of any claim under subparagraph (A) shall be the same as for claims under section 6427(i)(4), except that the rules of section 6427(i)(3)(B) regarding electronic claims shall not apply unless the ultimate vendor has certified to the Secretary for the most recent quarter of the taxable year that all ultimate purchasers of the vendor covered by such claim are certified and entitled to a refund under subparagraph (C) or (D) of subsection (b)(2).''. (b) Credit Card Purchases of Diesel Fuel or Kerosene by State and Local Governments.--Section 6427(l)(5)(C) (relating to nontaxable uses of diesel fuel, kerosene, and aviation fuel) is amended by adding at the end the following new flush sentence: ``For purposes of this subparagraph, if the sale of diesel fuel or kerosene is made by means of a credit card, the person extending the credit to the ultimate purchaser shall be deemed to be the ultimate vendor.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2004. SEC. 9402. TWO-PARTY EXCHANGES. (a) In General.--Subpart B of part III of subchapter A of chapter 32, as amended by this Act, is amended by adding after section 4104 the following new section: ``SEC. 4105. TWO-PARTY EXCHANGES. ``(a) In General.--In a two-party exchange, the delivering person shall not be liable for the tax imposed under section 4081(a)(1)(A)(ii). ``(b) Two-Party Exchange.--The term `two-party exchange' means a transaction, other than a sale, in which taxable fuel is transferred from a delivering person registered under section 4101 as a taxable fuel registrant fuel to a receiving person who is so registered where all of the following occur: ``(1) The transaction includes a transfer from the delivering person, who holds the inventory position for taxable fuel in the terminal as reflected in the records of the terminal operator. ``(2) The exchange transaction occurs before or contemporaneous with completion of removal across the rack from the terminal by the receiving person. ``(3) The terminal operator in its books and records treats the receiving person as the person that removes the taxable fuel across the terminal rack for purposes of reporting the transaction to the Secretary. ``(4) The transaction is the subject of a written contract.''. (b) Conforming Amendment.--The table of sections for subpart B of part III of subchapter A of chapter 32, as amended by this Act, is amended by adding after the item relating to section 4104 the following new item: ``Sec. 4105. Two-party exchanges.''. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 9403. SIMPLIFICATION OF TAX ON TIRES. (a) In General.--Subsection (a) of section 4071 is amended to read as follows: ``(a) Imposition and Rate of Tax.--There is hereby imposed on taxable tires sold by the manufacturer, producer, or importer thereof a tax at the rate of 9.4 cents (4.7 cents in the case of a biasply tire) for each 10 pounds so much of the maximum rated load capacity thereof as exceeds 3,500 pounds.'' (b) Taxable Tire.--Section 4072 is amended by redesignating subsections (a) and (b) as subsections (b) and (c), respectively, and by inserting before subsection (b) (as so redesignated) the following new subsection: ``(a) Taxable Tire.--For purposes of this chapter, the term `taxable tire' means any tire of the type used on highway vehicles if wholly or in part made of rubber and if marked pursuant to Federal regulations for highway use.'' (c) Exemption for Tires Sold to Department of Defense.-- Section 4073 is amended to read as follows: ``SEC. 4073. EXEMPTIONS. ``The tax imposed by section 4071 shall not apply to tires sold for the exclusive use of the Department of Defense or the Coast Guard.'' (d) Conforming Amendments.-- (1) Section 4071 is amended by striking subsection (c) and by moving subsection (e) after subsection (b) and redesignating subsection (e) as subsection (c). (2) The item relating to section 4073 in the table of sections for part II of subchapter A of chapter 32 is amended to read as follows: ``Sec. 4073. Exemptions.'' (e) Effective Date.--The amendments made by this section shall apply to sales in calendar years beginning more than 30 days after the date of the enactment of this Act. Subtitle E--Small Business Expensing SEC. 9501. 2-YEAR EXTENSION OF INCREASED EXPENSING FOR SMALL BUSINESS. Subsections (b), (c), and (d) of section 179 (as amended by the Jobs and Growth Tax Relief Reconciliation Act of 2003) are each amended by striking ``2006'' each place it appears and inserting ``2008''. Subtitle F--Alternative Minimum Tax Relief SEC. 9601. NET OPERATING LOSSES AND FOREIGN TAX CREDIT UNDER ALTERNATIVE MINIMUM TAX. (a) Net Operating Losses.-- (1) In general.--Subparagraph (A) of section 56(d)(1) is amended to read as follows: ``(A) the amount of such deduction shall not exceed the applicable percentage (determined under paragraph (3)) of the alternative minimum taxable income determined without regard to such deduction, and''. (2) Applicable percentage.--Subsection (d) of section 56 is amended by adding at the end the following new paragraph: ``(3) Applicable percentage.--For purposes of paragraph (1)(A)-- ``For taxable years beginning in calendarThe applicable percentage is-- 2006, 2007, or 2008......................................92 2009 or 2010.............................................94 2011.....................................................96 2012.....................................................98 2013 or thereafter...................................100.'' (b) Foreign Tax Credit.-- (1) Subsection (a) of section 59 is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Section 53(d)(1)(B)(i)(II) is amended by striking ``and if section 59(a)(2) did not apply''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 9602. EXPANSION OF EXEMPTION FROM ALTERNATIVE MINIMUM TAX FOR SMALL CORPORATIONS. (a) In General.--Subparagraphs (A) and (B) of section 55(e)(1) are each amended by striking ``$7,500,000'' each place it appears and inserting ``$20,000,000''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 9603. INCOME AVERAGING FOR FARMERS NOT TO INCREASE ALTERNATIVE MINIMUM TAX. (a) In General.--Subsection (c) of section 55 (defining regular tax) is amended by redesignating paragraph (2) as paragraph (3) and by [[Page 6214]] inserting after paragraph (1) the following new paragraph: ``(2) Coordination with income averaging for farmers.-- Solely for purposes of this section, section 1301 (relating to averaging of farm income) shall not apply in computing the regular tax liability.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. The CHAIRMAN pro tempore. No further amendment is in order except those printed in part B of the report. Each amendment may be offered only in the order printed in the report, by a Member designated in the report, shall be considered read, shall be debatable for the time specified in the report, equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. It is now in order to consider amendment No. 1 printed in House Report 108-456 part B. Amendment No. 1 Offered by Mr. Young of Alaska Mr. YOUNG of Alaska. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 1 offered by Mr. Young of Alaska: In title I, strike the text of section 1105 (page 31) and insert the following: (a) Oversight Program.--Section 106 of title 23, United States Code, is amended by striking subsection (h) and inserting the following: ``(h) Oversight Program.-- ``(1) In general.--The Secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this title. At a minimum, the program shall be responsive to all areas related to financial integrity and project delivery. ``(2) Financial integrity.-- ``(A) Financial management systems.--The Secretary shall perform annual reviews that address elements of the State transportation departments' financial management systems that affect projects approved under subsection (a). ``(B) Project costs.--The Secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the States' practices for estimating project costs, awarding contracts, and reducing project costs. ``(C) Responsibility of the states.--The States are responsible for determining that subrecipients of Federal funds under this title have sufficient accounting controls to properly manage such Federal funds. The Secretary shall periodically review the States' monitoring of subrecipients. ``(3) Project delivery.--The Secretary shall perform annual reviews that address elements of a State's project delivery system, which includes one or more activities that are involved in the life cycle of a project from its conception to its completion. ``(4) Responsibility of the states.--The States are responsible for determining that subrecipients of Federal funds under this title have adequate project delivery systems for projects approved under this section. The Secretary shall periodically review the States' monitoring of subrecipients. ``(5) Specific oversight responsibilities.--Nothing in this section shall affect or discharge any oversight responsibility of the Secretary specifically provided for under this title or other Federal law. In addition, the Secretary shall retain full oversight responsibilities for the design and construction of all Appalachian development highways under section 14501 of title 40. ``(i) Major Projects.-- ``(1) In general.--Notwithstanding any other provision in this section, a recipient of Federal financial assistance for a project under this title with an estimated total cost of $500,000,000 or more, or any other project in the discretion of the Secretary, shall submit to the Secretary a project management plan and an annual financial plan. ``(2) Project management plan.--The project management plan shall document the procedures and processes in place to provide timely information to the project decision makers to manage effectively the scope, costs, schedules, and quality, and the Federal requirements of the project and the role of the agency leadership and management team in the delivery of the project. ``(3) Financial plan.--The financial plan shall be based on detailed estimates of the cost to complete the project. Annual updates shall be submitted based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project. ``(j) Other Projects.--A recipient of Federal financial assistance for a project under this title with an estimated total cost of $100,000,000 or more that is not covered by subsection (h) shall prepare an annual financial plan. Annual financial plans prepared under this subsection shall be made available to the Secretary for review upon the Secretary's request.''. (b) Sharing of Monetary Recoveries.--Notwithstanding any other provision of law, monetary judgments accruing to the Government from judgments in Federal criminal prosecutions and civil proceedings pertaining to fraud in Federally funded highway and public transportation projects and programs shall be treated as follows: (1) Any amount less than or equal to the single damages incurred as the result of such fraud shall be credited to the Federal account from which the funds for the project or program that is at issue in the fraud came, except to the extent that such Federal account has been credited as the result of any judgment in favor of a grant recipient. (2) Any amount in excess of the amount credited pursuant to paragraph (1) shall be shared with the State or other recipient involved if-- (A) the State or other recipient enters into a legally binding agreement with the Secretary to use the funds for a purpose eligible for Federal assistance under title 23 or chapter 53 of title 49, United States Code, as the case may be; (B) the amount to be shared with the State or other recipient is determined by the Attorney General, in consultation with the Secretary; and (C) the Attorney General, in consultation with the Secretary, determines that the fraud did not occur as a result of negligent oversight or actual involvement in the fraud by the State or other recipient or any senior official of the State or other recipient. Page 34, strike lines 2 through 7 and insert the following: (a) Allocation.--Section 110(a)(1) of title 23, United States Code, is amended-- (1) by striking ``2000'' and inserting ``2006''; (2) by inserting after ``such fiscal year'' the following: ``and the succeeding fiscal year''. (b) Reduction.--Section 110(a)(2) of such title is amended-- (1) by striking ``2000'' and inserting ``2006''; (2) by striking ``October 1 of the succeeding'' and inserting ``October 15 of such''; and (3) by inserting after ``Account)'' the following: ``for such fiscal year and the succeeding fiscal year''. (c) General Distribution.--Section 110(b)(1)(A) of such title is amended by striking ``Transportation Equity Act for the 21st Century'' and inserting ``Transportation Equity Act: A Legacy for Users''. Page 34, line 8, strike ``(b)'' and insert ``(d)''. Page 46, after line 13, insert the following: (e) Effective Date.--The amendments made by subsections (a) and (b) of this section shall take effect on September 30, 2004. Page 48, line 13, strike both periods and the closing quotation marks and insert the following: ; except that $25,000,000 shall be available only for projects for the seismic retrofit of bridges, and of which $10,000,000 shall be available only for the seismic retrofit of a bridge described in subsection (l), and except as provided in subparagraph (E). ``(E) Gravina access.-- ``(i) In general.--Of the amounts authorized to be appropriated to carry out the bridge program under this paragraph, for each of the fiscal years 2005 through 2009, $10,000,000 shall be set aside from the $100,000,000 available at the discretion of the Secretary under subparagraph (D) for the construction of a bridge joining the Island of Gravina to the community of Ketchikan in Alaska. ``(ii) Scoring.--The project described in this subparagraph shall not be counted for purposes of the reduction set forth in the fourth sentence of subsection (e).''. Page 49, after line 22, insert the following: (c) Planning Activities Pilot Program.--Section 1221 of such Act is amended by adding at the end the following: ``(f) Planning Activities Pilot Program.-- ``(1) In general.--The Secretary shall establish a pilot program using funds set aside under paragraph (4) to support planning and public participation activities related to highway and public transportation projects. ``(2) Eligible activities.--Activities eligible to be carried out under the pilot program may include the following: ``(A) Improving data collection and analysis to improve freight movement, intermodal connections, and transportation access and efficiency for all users, including children, older individuals, individuals with disabilities, low-income individuals, and minority communities. ``(B) Supporting public participation by holding public meetings using an interactive workshop format facilitated by design or planning experts (or both) to consider public input at the initial stages of project development and during other phases of a project. ``(C) Using innovative planning or design visualization and simulation tools to improve the evaluation of alternatives and their impacts and to enhance public participation in the transportation planning process, including tools having a structure that enables modifications to scenarios and assumptions in real time. [[Page 6215]] ``(D) Enhancing coordination among transportation, land use, workforce development, human service, economic development, and other agencies to strengthen access to job training services, daycare centers, health care facilities, senior centers, public schools, universities, and residential areas, including the use of integrated planning and service delivery, especially for transit dependent and low-income individuals. ``(E) Contracting with nonprofit organizations, universities, and local agencies to deliver community- oriented transportation plans and projects, including public outreach, context sensitive design, transit-oriented development, multimodal corridor investments, commuter benefits deployment, and brownfield redevelopment. ``(F) Measuring and reporting on the annual performance of the transportation system (or parts of) relative to State or locally-established criteria regarding-- ``(i) maintenance and operating costs of the transportation system, vehicle miles traveled, peak-period travel times, transportation choices, and mode shares; ``(ii) location of housing units, jobs, medical facilities, and commercial centers to transit; ``(iii) improvements directed to low-income families and older individuals; ``(iv) transportation-related pollution emissions into the air and water; ``(v) land consumption; and ``(vi) other locally-significant factors. ``(G) Improving regional travel and emission modeling to examine factors not currently considered, such as induced travel and land use effects of transportation alternatives, types of vehicles owned and used by households, time-of-day of travel and linkage of trips to each other throughout the day, effects of urban design and pedestrian and bicycle environment on travel behavior, and impacts of alternatives on the distribution of benefits and burdens among various groups protected under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). ``(3) Federal share.--Notwithstanding subsection (e)(2), the Federal share of the cost of activities carried out under the pilot program shall be 100 percent. ``(4) Set aside.--The Secretary shall make available $1,500,000 of the amounts made available to carry out this section for each of fiscal years 2004 through 2009 to carry out the pilot program under this subsection.''. Page 62, line 19 strike ``202(a)'' and insert ``202(d) of such title''. Page 63, after line 18, insert the following: (e) Alaska Native Village Transportation Program.-- (1) Establishment.--Not later than 3 months after the date of enactment of this Act, the Secretary and the Denali Commission, in coordination with the Alaska Federation of Natives, shall establish an Alaska Native Village transportation program to pay the costs of planning, design, construction, and maintenance of road and other surface transportation facilities identified by Alaska Native Villages. (2) Alaska native village defined.--In this subsection, the term ``Alaska Native Village'' has the same meaning such term has as used by the Bureau of Indian Affairs in administering the Indian reservation road program under section 202 of title 23, United States Code. Page 63, strike line 19, insert the following (and conform the table of contents of the bill accordingly): SEC. 1119. CONSERVATION MEASURES. (a) Refuge Roads.--Section 204(k)(1) of title 23, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by redesigning subparagraph (C) as subparagraph (D); (3) by inserting after subparagraph (B) the following: ``(C) construction, maintenance, and improvement of wildlife observation infrastructure; and''; and (4) in subparagraph (D) (as so redesignated) by striking ``maintenance and improvements'' and inserting ``construction, maintenance, and improvements''. (b) Forest Highways.--Of the amounts made available for public lands highways under section 1101-- (1) not to exceed $20,000,000 per fiscal year may be used for the maintenance of forest highways; (2) not to exceed $2,500,000 per fiscal year may be used to repair culverts and bridges on forest highways to facilitate appropriate fish passage and ensure reasonable flows and to maintain and remove such culverts and bridges as appropriate; and (3) not to exceed $1,000,000 per fiscal year may be used for signage identifying public hunting and fishing access. (c) Wildlife Vehicle Collision Reduction Study.-- (1) In general.--The Secretary shall conduct a study of methods to reduce collisions between motor vehicles and wildlife (in this subsection referred to as ``wildlife vehicle collisions''). (2) Contents.-- (A) Areas of study.--The study shall include an assessment of the causes and impacts of wildlife vehicle collisions and solutions and best practices for reducing such collisions. (B) Methods for conducting the study.--In carrying out the study, the Secretary shall-- (i) conduct a thorough literature review; and (ii) survey current practices of the Department of Transportation. (3) Consultation.--In carrying out the study, the Secretary shall consult with appropriate experts in the field of wildlife vehicle collisions. (4) Report.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. (B) Contents.--The report shall include a description of each of the following: (i) Causes of wildlife vehicle collisions. (ii) Impacts of wildlife vehicle collisions. (iii) Solutions to and prevention of wildlife vehicle collisions. (5) Manual.-- (A) Development.--Based upon the results of the study, the Secretary shall develop a best practices manual to support State efforts to reduce wildlife vehicle collisions. (B) Availability.--The manual shall be made available to States not later than 1 year after the date of transmission of the report under paragraph (4). (C) Contents.--The manual shall include, at a minimum, the following: (i) A list of best practices addressing wildlife vehicle collisions. (ii) A list of information, technical, and funding resources for addressing wildlife vehicle collisions. (iii) Recommendations for addressing wildlife vehicle collisions. (iv) Guidance for developing a State action plan to address wildlife vehicle collisions (6) Training.--Based upon the manual developed under paragraph (5), the Secretary shall develop a training course on addressing wildlife vehicle collisions for transportation professionals. Page 89, strike lines 18 through 20 and insert the following: (a) General Provisions.--The Secretary may not apportion before August 1, 2006, any funds for any of the programs referred to in subsection (b) for fiscal year 2006 unless, after Page 119, strike lines 7 through 9 and insert the following (and conform the table of contents of the bill accordingly): SEC. 1207. STATE ASSUMPTION OF RESPONSIBILITIES FOR CERTAIN PROGRAMS AND PROJECTS. (a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 167. State assumption of responsibilities for certain programs and projects ``(a) Assumption of Secretary's Responsibilities Under Applicable Federal Laws.-- ``(1) Pilot program.-- ``(A) Establishment.--The Secretary may establish a pilot program under which States may assume the responsibilities of the Secretary under any Federal laws subject to the requirements of this section. ``(B) First 3 fiscal years.--In the first 3 fiscal years following the date of enactment of this section, the Secretary may allow up to 5 States to participate in the pilot program. ``(2) Scope of program.--Under the pilot program, the Secretary may assign, and a State may assume, any of the Secretary's responsibilities (other than responsibilities relating to federally recognized Indian tribes) for environmental reviews, consultation, or decisionmaking or other actions required under any Federal law as such requirements apply to the following projects: ``(A) Projects funded under section 104(h). ``(B) Transportation enhancement activities under section 133, as such term is defined in section 101(a)(35). ``(C) Projects as defined in section 101(a)(39) and section 5607 of the Transportation Equity Act: A Legacy for Users. ``(3) Limitations.-- ``(A) Procedural and substantive requirements.--A State that assumes the responsibilities of the Secretary under this section shall be subject to the same procedural and substantive requirements as would apply if the responsibilities were carried out by the Secretary. When a State assumes responsibilities for carrying out a Federal law under this section, the State assents to Federal jurisdiction and shall be solely responsible and solely liable for complying with and carrying out that law instead of the Secretary. ``(B) Assumption of responsibilities.--Any responsibility of the Secretary not assumed by the State in a memorandum of understanding shall remain a responsibility of the Secretary. ``(C) Powers of other agencies.--Nothing in this section preempts or limits any power, jurisdiction, responsibility, or authority of an agency, other than the Department of Transportation, with respect to a project. ``(b) Agreements.-- ``(1) In general.--The Secretary shall enter into a memorandum of understanding with a State participating in the pilot program setting forth the responsibilities to be assigned under subsection (a)(2) and the terms and conditions under which the assignment is being made. ``(2) Certification.--Before the Secretary enters into a memorandum of understanding [[Page 6216]] with a State under paragraph (1), the State shall certify that the State has in effect laws (including regulations) applicable to projects carried out and funded under this title and chapter 53 of title 49 that authorize the State to carry out the responsibilities being assumed. ``(3) Maximum duration.--A memorandum of understanding with a State under this section shall be established for an initial period of no more than 3 years and may be renewed by mutual agreement on a periodic basis for periods of not more than 3 years. ``(4) Compliance.-- ``(A) In general.--After entering into a memorandum of understanding under paragraph (1), the Secretary shall review and determine compliance by the State with the memorandum of understanding. ``(B) Renewals.--The Secretary shall take into account the performance of a State under the pilot program when considering renewal of a memorandum of understanding with the State under the program. ``(5) Acceptance of federal courts jurisdiction.--A memorandum of understanding with a State under this section shall include a provision under which the State consents to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary that the State may assume under the memorandum. ``(6) Termination of agreements.--A memorandum of understanding with a State under this section shall include a provision authorizing the Secretary to terminate the agreement if the Secretary, after providing an opportunity for a hearing, issues a finding that the State is not in compliance with the terms of the agreement. ``(c) Selection of States for Pilot Program.-- ``(1) Application.--To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains such information as the Secretary may require. At a minimum, an application shall include-- ``(A) a description of the projects or classes of projects for which the State seeks to assume responsibilities under subsection (a)(2); and ``(B) a certification that the State has the capability to assume such responsibilities. ``(2) Public notice.--Before entering into a memorandum of understanding allowing a State to participate in the pilot program, the Secretary shall-- ``(A) publish notice in the Federal Register of the Secretary's intent to allow the State to participate in the program, including a copy of the State's application to the Secretary and the terms of the proposed agreement with the State; and ``(B) provide an opportunity for public comment. ``(3) Selection criteria.--The Secretary may approve the application of a State to assume responsibilities under the program only if-- ``(A) the requirements under paragraph (2) have been met; and ``(B) the Secretary determines that the State has the capability to assume the responsibilities. ``(4) Other federal agency views.--Before assigning to a State a responsibility of the Secretary that requires the Secretary to consult with another Federal agency, the Secretary shall solicit the views of the Federal agency. ``(d) State Defined.--With respect to the recreational trails program, the term `State' means the State agency designated by the Governor of the State in accordance with section 206(c)(1). ``(e) Preservation of Public Interest Consideration.-- Nothing in this section shall be construed to limit the requirements under any applicable law providing for the consideration and preservation of the public interest, including public participation and community values in transportation decisionmaking. ``(f) State Subject to Federal Laws.--For purposes of assuming responsibilities of the Secretary under this section, a State agency entering into a memorandum of understanding under subsection (b) is deemed to be a Federal agency to the extent the State is carrying out the Secretary's responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), this title, and any other provision of Federal law.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of such title is amended by adding at the end the following: ``167. State assumption of responsibilities for certain programs and projects.''. Page 130, strike line 22 and all that follows through line 24 on page 132 and insert the following (and conform the table of contents of the bill accordingly): SEC. 1210. ACCESS RAMP. (a) In General.--Not later 30 days after the date of enactment of this Act, the Secretary shall open the ramp connecting Interstate Route 495/95 and Arena Drive in Prince George's County, Maryland, for the purpose of allowing motor vehicles to exit Interstate Route 495/95 in both northern and southern directions onto Arena Drive. Such ramp shall be open for 24 hours a day, every day during the calendar year. (b) Fully Opening Arena Drive Ramp.-- (1) Study.--The Secretary shall conduct a study to determine the most appropriate method for opening the ramps for allowing motor vechicles to enter Interstate Route 495/95 from Arena Drive. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. (c) Limitation on Statutory Construction.--Nothing in the section shall be construed as altering current traffic management protocols to the Arena Drive ramps during stadium events. Page 171, line 2, insert ``(b)(1),'' before ``(d),''. In subtitle D of title I, insert at the end the following (and conform the table of contents accordingly): SEC. 1408. REPAIR OR REPLACEMENT OF HIGHWAY FEATURES ON NATIONAL HIGHWAY SYSTEM. (a) Rulemaking Proceeding.--The Secretary shall conduct a rulemaking proceeding to determine the appropriate conditions under which a State when choosing to repair or replace damaged highway features on the National Highway System with State funds (rather than with available Federal financial assistance) should be required to repair or replace such features with highway features that have been tested, evaluated, and found to be acceptable under the guidelines contained in the report of the Transportation Research Board of the National Research Council entitled ``NCHRP Report 350- Recommended Procedures for the Safety Performance Evaluation of Highway Features''. (b) Matters to Be Considered.--The rulemaking proceeding shall cover those highway features that are covered by the guidelines referred to in subsection (a). The conditions to be considered by the Secretary in the rulemaking proceeding shall include types of highway features, cost-effectiveness, and practicality of replacement with highway features that have been found to be acceptable under such guidelines. (c) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations regarding the conditions under which States when choosing to repair or replace damaged highway features described in subsection (a) will be required to repair or replace such features with highway features that have been tested, evaluated, and found to be acceptable as described in subsection (a). Page 204, line 23, strike ``Congress grants'' and insert the following: ``(1) In general.--Congress grants Page 205, after line 4, insert the following: ``(2) Reservation of rights.--The right to alter, amend or repeal interstate compacts entered into under this subsection is expressly reserved. Page 220, lines 4 and 5, strike ``an Interstate System construction toll pilot program'' and insert ``a pilot program to finance the construction of new Interstate System facilities with toll revenues''. Page 220, line 9, strike ``Interstate highways.'' and insert ``new Interstate highway facilities. Rehabilitation and reconstruction of Interstate facilities are not eligible under the pilot program.''. Page 220, lines 16 and 17, strike ``facility on the Interstate System'' and insert ``new Interstate System facility''. Page 220, line 25, insert ``new'' before ``facility with''. In each of paragraphs (2), (3), and (5) of section 1604(d) (page 222), insert ``new'' before ``facility''. In item number 33 of the table contained in section 1702, strike ``BMW/I-85'' and all that follows through ``interchanges'' and insert ``I-85/Brockman-McClimon Interchange and Connections project''. In item number 103 of such table, strike ``$1,500,000.00'' and insert ``$250,000.00''. In item number 142 of such table, strike ``$250,000.00'' and insert ``$600,000.00''. In item number 143 of such table, strike ``$20,000,000.00'' and insert ``$17,000,000.00''. In item number 160 of such table, strike ``Design'' and all that follows through ``County'', and insert ``Design and construct access to York County intermodal facility, or other projects as selected by York County, Pennsylvania MPO'' In item number 179 of such table, strike ``Upgrade'' and all that follows through ``Interstate 81'' and insert ``Improvements to I-81, including interchanges, in Franklin County, Pennsylvania''. In item number 235 of such table, strike ``$8,000,000.00'' and insert ``$12,500,000.00''. In item number 244 of such table, strike ``State'' and insert ``US''. In item number 253 of such table, strike ``$3,150,000.00'' and insert ``$5,000,000.00''. In item number 262 of such table, strike ``State'' and insert ``US''. In item number 334 of such table, strike ``$150,000.00'' and insert ``$1,000,000.00''. In item number 365 of such table, strike ``Town of'' and insert ``Township'' after ``Painesville''. In item number 438 of such table, strike ``Cabot-Camino Capistrano Bridge.'' and insert ``in the city of Mission Viejo'' at the end of the request before the period. In item number 507 of such table, insert ``interchange'' between ``new'' and ``freeway''. [[Page 6217]] In item number 526 of such table, strike ``Route'' and all that follows through ``County'' and insert Forrest City Road Extension Study, Maitland''. In item number 557 of such table, strike ``Elk Horn'' and insert ``Elkhorn''. Insert ``County of'' after ``SR 99,''. In such table, strike item number 570. In item number 630 of such table, strike ``$5,500,000.00'' and insert ``$2,500,000.00''. In item number 656 of such table, strike ``Widening'' and all that follows through ``signals'' and insert ``Widening of Washington Street from 2 to 5 lanes, install drainage system; add additional right of way and traffic signals''. In item number 668 of such table, is amended by insert ``Grant'' before ``County''. In item number 729 of such table, strike ``Macedonia City'' and insert ``North Summit County''. In item number 734 of such table, strike ``Willoughby Township'' and insert ``City of Willoughby''. In item number 762 of such table, strike ``$5,000,000.00'' and insert ``$4,150,000.00''. In item number 768 of such table, strike ``$2,500,000.00'' and insert ``$5,000,000.00''. In item number 782 of such table, strike ``Perry County'' and insert ``Perry''. In item number 804 of such table, strike ``$500,000.00'' and insert ``$1,500,000.00''. In item number 812 of such table, strike ``$3,000,000.00'' and insert ``$1,500,000.00''. In item number 813 of such table, strike ``Improve'' and all that follows through ``Connecticut'' and insert ``Campbell Avenue streetscape enhancements, West Haven''. In item number 829 of such table, strike ``Sacramento'' and insert ``Citrus Heights''. In item number 832 of such table, strike ``Ecourse'' and insert ``Ecorse'', and strike ``$1,000,000.00'' and insert ``$1,100,000.00''. In item number 848 of such table, strike ``in Summit Co.'' and insert ``at Seasons Road, Cities of Hudson and Stow.'' In item number 874 of such table, strike ``Widen'' and all that follows through ``West'' and insert ``Widen US 380 West''. In item number 930 of such table, strike ``Merrit Rd.'' and insert ``Merritt Rd.'' In item 954 of such table, after ``unsafe grade crossing'' insert ``on Hines Hill Road, City of Hudson''. In item number 965 of such table, strike ``on current Hwy 71''. In item number 992 of such table, strike ``$6,000,000.00'' and insert ``$7,500,000.00''. In item 1150 of such table, strike ``Wilson Mills'' and insert ``Highland-Bishop''; after ``in the'' strike ``town'' and insert ``City''. In item number 1166 of such table, strike ``Rehabilitate'' and all that follows through ``8'' and insert ``Rehabilitate US Highway 51 from County S to US 8''. In item number 1181 of such table, strike ``Upgrade'' and all that follows through ``County'' and insert ``Purchase one larger (75 passengers) and two smaller (40 passengers) ferry boats and construct related dock work to facilitate the use and accessibility of the ferry boats, Long Beach'' and by striking ``$8,000,000.00'' and insert $3,000,000.00''. In item number 1204 of such table, strike ``AL 1119 to AL 25'' and insert ``Exit 238 (U.S. 31) to Exit 228 (AL 25)''. In item number 1256 of such table, strike ``$1,500,000.00'' and insert ``$3,000,000.00''. In item number 1261 of such table, strike ``A 2.8'' and all that follows through ``La Habra,'' and insert ``a 2.8 mile bikeway,'' and insert ``in the city of Whittier.'' at the end of the request. In item number 1314 of such table, strike ``(I-40'' and all that follows through ``I-74)''. In item number 1376 of such table, strike ``Route 15/18'' and insert ``Route 15/86''. In item number 1423 of such table, strike ``third lane'' and all that follows through ``Maple Grove'' and insert ``an overpass interchange for I-494 and Highway 169''. In item number 1436 of such table, strike ``Aiken'' and insert ``Aitkin''. In item number 1445 of such table, strike ``Construction'' and all that follows through ``Ashdown'' the second place it appears and insert ``Highway 71, Louisiana state line to Junction City''. In item number 1480 of such table, strike ``Reconstruct Highway 141 in Marinette County, WI'' and insert ``Reconstruct US Highway 141 in Marinette County, WI''. In item number 1491 of such table, strike ``Development'' and all that follows through ``Plan'' and insert ``Transportation improvements ''. In item number 1589 of such table, strike ``Reconstruction'' and all that follows through ``Subdivision'' and insert ``Road improvements for Surrey Meadows, Sugarloaf Heights, Lakehill Farms and Walton Lake Estates''. In item number 1636 of such table, strike ``Geary'' and insert ``Muni Geary''. In item number 1664 of such table, strike ``Technical'' and all that follows through ``210'' and insert ``Technical feasibility study for a tunnel on the 710 Freeway in Southern California''. In item number 1832 of such table, strike ``$8,700,000.00'' and insert ``$9,000,000''. In item number 1848 of such table, strike ``A 2.8'' and insert ``a 2.8'' and strike ``, working in conjunction with the city of Whittier,''. In item number 1868 of such table, strike ``$13,100,000.00'' and insert ``$13,500,000''. In item number 1907 of such table, strike ``SR'' and all that follows through ``Eatonville'' and insert ``SR 434 to JFK Boulevard and Destiny Road to Diplomat Circle, Eatonville''. In item number 1933 of such table, strike ``Construct'' and all that follows through to ``Township'', and insert ``Improvements to I-81, including interchanges, in Franklin County, Pennsylvania'', and strike ``$3,150,000.00'' and insert ``$4,000,000.00''. In item number 1934 of such table, strike ``$3,400,000.00'' and insert ``$3,600,000''. In item number 2040 of such table, strike ``Improvement'' and all that follows through ``County'' and insert ``Improve Ashley 70 and Marais Saline roads in Ashley County''. In item 2155 of such table, after ``Madison'' insert ``Village''. In item number 2180 of such table, strike ``$4,675,942.00'' and insert $4,425,942.00''. In item number 2249 of such table, strike ``$13,000,000.00'' and insert ``$21,000,000.00''. In item number 2306 of such table, strike ``State'' and insert ``US''. In item number 2376 of such table, strike ``$700,000.00'' and insert ``$200,000.00''. In item number 2398 of such table, strike ``Greencastle'' and all that follows through to ``intersection.'', and insert ``Improvements to I-81, including interchanges, in Franklin County, Pennsylvania.''. In item 2418 of such table, after ``in'' insert ``the City of'' and after ``Hills'' strike ``Township''. In item number 2445 of such table, strike ``$125,000.00'' and insert ``$175,000.00''. In item number 2504 of such table, strike ``$6,000,000.00'' and insert ``$5,500,000.00''. In item number 2552 of such table, strike ``State'' and insert ``US''. In item number 2611 of such table, strike ``Purchase'' and all that follows through ``Durham'' and insert ``Acquisition of rail corridors for use as a future transportation corridor, Durham''. In item number 2615 of such table, strike ``$2,700,000.00'' and insert ``$3,000,000.00''. In item number 2642 of such table, strike ``Designation of'' and insert ``Improve and widen''. In item number 2730 of such table, after ``project'' insert ``or other projects as selected by York County, Pennsylvania MPO'' In such table, strike item number 2749. In item number 2775 of such table, insert ``Rancho Santa Margarita'' at the end. In item number 2809 of such table, strike ``$1,500,000.00'' and insert ``$500,000.00''. In item number 113 of such table, strike ``$1,000,000.00'' and insert ``$1,500,000.00'' In item number 181 of such table, strike ``$1,000,000.00'' and insert ``$3,000,000.00''. In item number 278 of such table, strike ``$2,250,000.00'' and insert ``$5,000,000.00''. Strike item number 300 of such table. In item number 345 of such table, strike ``Planning and design'' and insert ``Planning, design, and construction'' and strike ``$3,000,000.00'' and insert ``$125,000,000.00''. In item number 358 of such table, strike ``$2,000,000.00'' and insert ``$4,000,000.00''. In item number 463 of such table, strike ``Reconstruct'' and all that follows through ``Loma Linda'' and insert ``Inland Empire Goods Movement Gateway Project'' and strike ``$4,000,000.00'' and insert ``$23,000,000.00''. In item number 533 of such table, strike ``$2,000,000.00'' and insert ``$6,000,000.00''. In item number 549 of such table, strike ``$14,000,000.00'' and insert ``$20,000,000.00'' In item number 559 of such table, strike ``$1,000,000.00'' and insert ``$3,000,000.00'' In item number 652 of such table, strike ``Planning and Design'' and insert ``Planning, design, and construction'' and strike ``$3,000,000.00'' and insert ``$200,000,000.00''. In item number 691 of such table, strike ``$1,000,000.00'' and insert ``$3,000,000.00'' In item number 905 of such table, strike ``$1,000,000.00'' and insert ``$4,000,000.00'' In item 1022 of such table, strike ``$3,000,000.00'' and insert ``$4,000,000.00''. In item 1044 of such table, strike ``$8,000,000.00'' and insert ``$8,500,000.00'' In item number 1048 of such table, strike ``$10,000,000.00'' and insert ``$22,500,000.00''. In item number 1058 of such table, strike ``$250,000.00'' and insert ``$2,000,000.00''. In item number 1180 of such table, strike ``$4,500,000.00'' and insert ``$5,000,000.00''. In item number 1201 of such table, insert ``, Baldwin Road in Oakland Cty'' after ``median''. In item number 1210 of such table, strike ``$2,000,000.00'' and insert ``$3,000,000.00''. In item number 1228 of such table, strike ``I/40 Coors Interchange: Reconstruction of this major interchange in Albuquerque'' and insert ``I/40 Coors Interchange and Bridge Reconstruction: Reconstruction of this major interchange and required bridge work in Albuquerque'' and strike ``$10,000,000.00'' and insert ``$28,000,000.00''. In item number 1229 of such table, strike ``$2,000,000.00'' and insert ``$2,500,000.00''. In item number 1293 of such table strike ``$10,000,000.00'' and insert ``$30,000,000.00''. In item number 1368 of such table, strike ``$1,000,000.00'' and insert ``$2,000,000.00''. In item number 1523 of such table, strike ``$2,000,000.00'' and insert ``$4,000,000.00'' In item number 1536 of such table, strike ``$13,000,000.00'' and insert ``$34,000,000.00''. [[Page 6218]] In item number 1595 of such table, strike ``$65,000.00'' and insert ``$100,000.00''. In item 1603 of such table, strike ``and Hernando County'' and strike ``$2,000,000.00'' and insert ``$3,000,000.00''. In item number 1629 of such table, strike ``$2,000,000.00'' and insert ``$4,000,000.00'' In item number 1830 of such table, strike ``$4,000,000.00'' and insert ``$17,500,000.00''. In item number 1869 of such table, strike ``$480,000.00'' and insert ``$500,000.00''. In item number 1882 of such table, strike ``$15,345,000.00'' and insert ``$16,000,000.00''. In item number 1921 of such table, strike ``$1,000,000.00'' and insert ``$2,000,000.00''. In item number 2010 of such table, strike ``Widen'' and all that follows through ``Loma Linda'' and insert ``Pedestrian safety improvements on State Highway 62 in Yucca Valley'' and strike ``$2,000,000.00'' and insert ``$1,000,000.00''. In item number 2045 of such table, strike ``$2,000,000.00'' and insert ``$3,000,000.00''. In item number 2230 of such table, strike ``$14,000,000.00'' and insert ``$35,000,000.00''. In item number 2321 of such table, strike ``$1,000,000.00'' and insert ``$2,000,000.00'' In item 2442 of such table, strike ``$3,000,000.00'' and insert ``$6,000,000.00''. In item number 2456 of such table, strike ``$750,000.00'' and insert ``$1,000,000.00''. In item 2496 of such table, strike ``Hernando'' and insert ``Citrus''. In item number 2535 of such table, strike ``$1,000,000.00'' and insert ``$2,100,000.00''. In item number 2603 of such table, strike ``$5,000,000.00'' insert ``$8,750,000.00''. In item number 2620 of such table, strike ``$2,000,000.00'' and insert ``$2,250,000.00''. In item 2701 of such table, strike ``$3,000,000.00'' and insert ``$4,000,000.00''. In item number 2826 of such table, strike ``$2,000,000.00'' and insert ``$6,000,000.00''. In item number 2833 of such table, strike ``$8,000,000.00'' and insert ``$15,000,000.00'' In item number 147 of such table, strike ``$3,000,000.00'' and insert ``$11,000,000.00''. In item number 1785 of such table, strike ``$3,000,000.00'' and insert ``$7,000,000.00''. In item number 2084 of such table, strike ``$1,000,000.00'' and insert ``$2,000,000.00''. In item number 1621 of such table, strike ``$2,000,000.00'' and insert ``$4,500,000.00''. In item number 1329 of such table, strike ``$500,000.00'' and insert ``$1,000,000.00''. In item number 2171 of such table, strike ``$2,000,000.00'' and insert ``$7,500,000.00''. In item number 2097 of such table, strike ``$1,000,000.00'' and insert ``$3,300,000.00''. At the end of such table, add the following: HIGH PRIORITY PROJECTS ---------------------------------------------------------------------------------------------------------------- No. State Project Description Amount ---------------------------------------------------------------------------------------------------------------- 2839. Minnesota.............. Provide biking and pedestrian $250,000.00 trails between Century Middle School and Minnesota Highway 34 in Park Rapids. 2840. Illinois............... Construct bike/pedestrian paths, $3,000,000.00 Chicago. 2841. Georgia................ Highway 92 realignment in $11,250,000.00 Douglas County. 2842. Georgia................ I-285/I-20 West Side Interchange $1,250,000.00 2843. Georgia................ City of Fayetteville Downtown $500,000.00 Enhancements for economic development. 2844. Georgia................ Construct roads in Rockdale $500,000.00 Veterans Memorial Park. 2845. Colorado............... I-25 from Highway 52 to Highway $8,000,000.00 14, widening and safety improvements; implementation of multi-modal alternatives identified in EIS. 2846. Colorado............... Highway 287 from the Oklahoma $3,000,000.00 State Line to Limon, Colorado; reconstruct highway with concrete and create a 2-lane super highway. 2847. Colorado............... I-76 from the Nebraska State $3,000,000.00 Line to its intersection with E470; reconstruction of pavement, major safety and geometric improvements. 2848. Arkansas............... Construction of I-530 between $40,000,000.00 Pine Bluff and Wilmar. 2849. Nebraska............... Resurface bridge connecting US- $500,000.00 75 and I-29 in the City of Bellevue. 2850. New Jersey............. Washington Township/Downtown $1,250,000.00 Congestion Mitigation Project. 2851. Connecticut............ I-84 Waterbury Expressway $3,800,000.00 Reconstruction from Waterbury to Southington. 2852. Connecticut............ Provide substantial improvements $3,800,000.00 to intersection ramps in I-84 from the New York State line at Exit 1 in Danbury easterly to Exit 11 in Newtown. 2853. Connecticut............ Lakeville Center Enhancement $895,000.00 improves the pedestrian and vehicle safety of the intersection of Routes 41 and 44. 2854. Connecticut............ Union Station Reconstruction in $1,705,000.00 Falls Village. 2855. Connecticut............ Broad Street Reconstruct Project $3,800,000.00 in New Britain. 2856. Minnesota.............. City of Moorhead SE Main GSI, $2,000,000.00 34th St. and I94 Interchange, and Moorhead Comprehensive Rail Safety Program. 2857. Minnesota.............. Paynesville Hwy. 23 Bypass...... $2,000,000.00 2858. Commonwealth of Commonwealth of the Northern $12,000,000.00 Northern Mariana Mariana Islands planning, Islands. design, and construction of East Coast Highway/Route 36 Saipan. 2859. Illinois............... Stearns Road Bridge, Kane County $88,000,000.00 2860. Alaska................. Intermodal facility improvements $25,000,000.00 at the Port of Anchorage. 2861. Alaska................. Improve marine dry-dock and $25,000,000.00 facilities in Ketchikan. 2862. New York............... Audobon Parkway at Lee Road $4,500,000.00 (University at Buffalo). 2863. Louisiana.............. Replace the Prospect Street $3,000,000.00 bridge (LA 3087), Houma. 2864. Louisiana.............. Expand existing South Central $1,800,000.00 Planning and Development Commission Intelligent Transportation System program in Houma-Thibodaux area by installing signals, sensors and systems. 2865. Louisiana.............. Plan and develop a four-lane $200,000.00 roadway, Jeanerette to US 90 connection. 2866. Louisiana.............. Plan, design, land acquisition $2,750,000.00 and construction for improved access to I-10 and US61/River Road in St. John the Baptist and in Ascension Parish on the LA22 Corridor. 2867. Louisiana.............. Continue planning and $1,900,000.00 construction of the New Orleans Regional Planning Commission Mississippi River trail in St. John, Plaquemines, St. Bernard and St. Charles parishes. 2868. Louisiana.............. Improve Ralph Darden Memorial $350,000.00 Parkway between LA182 and Martin Luther King Road, St. Mary Parish. 2869. Louisiana.............. Improvements to LA46 in St. $400,000.00 Bernard Parish. 2870. Colorado............... Corridor Safety and Capacity $5,000,000.00 Improvements to Powers Blvd. (right of way purchase for Powers Blvd.). 2871. California............. Reconstruct and widen SR 46 to a $50,000,000.00 4-lane expressway between Kern County line and Interstate 5. 2872. California............. Road construction and surface $50,000,000.00 transportation improvements in Bakersfield Metropolitan area. 2873. Ohio................... Improve Rt. 62 (Town and Main $13,000,000.00 Street) Bridges over Scioto River in Columbus. 2874. Ohio................... Upgrade Rt. 665 Bridge over I-71 $15,000,000.00 and widen I-71 between Rt 665 and I-270 by one lane each direction in Grove City. 2875. Illinois............... Ogden Corridor project $40,000,000.00 alternatives analysis, environmental work, preliminary engineering and final design in Cook County. [[Page 6219]] 2876. Arizona................ White Spar Road improvement..... $3,000,000.00 2877. Texas.................. South Orient Economic $14,000,000.00 Rehabilitation. 2878. Virginia............... Construction of I-66/Rt. 29 $4,500,000.00 Interchange in Gainsville. 2879. Virginia............... Improvements to Washington $250,000.00 Street in Haymarket. 2880. Virginia............... Parking lot expansion and $250,000.00 sidewalk improvements on Main Street in Clifton. 2881. New York............... Roadway improvements, may $1,000,000.00 include drainage, paving and gued rail, to County Route 4, Ensign Pond Road, in the Towns of Moriah and North Hudson. 2882. New York............... Route 4 streetscape $2,000,000.00 improvements, Town and Village of Fort Edward, Washington County. 2883. New York............... Improvements to Batchellorville $2,000,000.00 Bridge, Saratoga County. 2884. Ohio................... Rickenbacker Intermodal Facility $5,500,000.00 ---------------------------------------------------------------------------------------------------------------- In section 1804 (pages 354 and 355), redesignate paragraphs (1) and (2) as paragraphs (3) and (4), respectively, and insert before paragraph (3) (as so redesignated) the following: (1) in paragraph (23) by inserting before the period at the end the following: ``and the connection from Wichita, Kansas, to Sioux City, Iowa, which includes I-135 from Wichita, Kansas to Salina, Kansas, United States Route 81 from Saline, Kansas, to Norfolk, Nebraska, Nebraska State Route 35 from Norfolk, Nebraska, to South Sioux City, Nebraska, and the connection to I-29 in Sioux City, Iowa''; (2) by striking paragraph (34) and inserting the following: ``(34) The Alameda Corridor-East and Southwest Passage, California. The Alameda Corridor-East is generally described as the corridor from East Los Angeles (terminus of Alameda Corridor) through Los Angeles, Orange, San Bernardino, and Riverside Counties, to termini at Barstow in San Bernardino County and Coachella in Riverside County. The Southwest Passage shall follow I-10 from San Bernardino to the Arizona State line.''; At the end of the matter added by section 1804(3) (as so redesignated), strike the closing quotation marks and insert the following: ``(53) United States Highway Route 6 from Interstate Route 70 to Interstate Route 15, Utah. ``(54) The California Farm-to-Market Corridor, California State Route 99 from south of Bakersfield to Sacramento, California.'' Page 360, line 25, insert before the period the following: ``and an evaluation of advanced acrylic water-borne pavement markings''. In title I, strike section 1814 and insert the following: SEC. 1814. THOMAS P. `TIP' O'NEILL, JR. TUNNEL. (a) Designation.--In honor of his service to the Commonwealth of Massachusetts and the United States of America, and in recognition of his contributions toward the construction of Central Artery Tunnel project in Boston, the northbound and southbound tunnel of Interstate Route 93, located in the city of Boston, which extends north of the intersection of Interstate Route 90 and Interstate Route 93 to the Leonard P. Zakim Bunker Hill Bridge, is designated as the ``Thomas P. `Tip' O'Neill, Jr. Tunnel''. (b) References.--Any reference in law, map, regulation, document, paper, or other record of the United States to the tunnel referred to in subsection (a) shall be deemed to be a reference to the ``Thomas P. `Tip' O'Neill, Jr. Tunnel''. In subtitle H of title I, strike section 1818 and insert the following: SEC. 1818. LOAN FORGIVENESS. Debt outstanding as of the date of enactment of this Act for project number Q-DPM-0013(001) carried out under section 108(c) of title 23, United States Code, is deemed satisfied. SEC. 1819. LEAD AGENCY DESIGNATION. The public entity established under California law in 1989 to acquire rights-of-way in northwestern California to maintain surface transportation infrastructure is hereby designated as the lead agency for the purpose of accepting Federal funds authorized under item 13 of the table contained in section 1108(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2061). SEC. 1820. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES. The project agreement for a Federal-aid highway project shall provide that any debris from demolition of a bridge or overpass that is on the Federal-aid highway must be made available for beneficial public use by Federal, State, and local governments. Any additional cost associated with making available the debris shall be borne by the recipient of the debris. SEC. 1821. HUBZONE PROGRAM. Section 3(p)(4)(B)(ii) of the Small Business Act (15 U.S.C. 632(p)(4)(B)(ii)) is amended (1) in subclause (I) by striking ``or '' at the end; (2) in subclause (II) by striking the period at the end and inserting ``; or'' ; and (3) by adding after subclause (II) the following: ``(III) there is located a difficult development area, as designated by the Secretary of Housing and Urban Development in accordance with section 42(d)(5)(C)(iii) of the Internal Revenue Code of 1986, within Alaska, Hawaii, or any territory or possession of the United States outside the 48 contiguous States.''. SEC. 1822. TECHNICAL AMENDMENTS TO TEA 21 PROJECTS. The table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 257) is amended-- (1) in item number 35 by adding ``and for other related purposes'' after ``Yard''; (2) in item number 78 by striking ``Third'' and all that follows through ``Bridge'' and inserting ``Bayview Transportation Improvements Project''; (3) in item number 312 by inserting ``through construction'' after ``engineering''; (4) in item number 800 by striking ``Fairview Township'' and inserting ``or other projects selected by the York County, Pennsylvania MPO''; (5) in item number 820 by striking ``Conduct'' and all that follows through ``interchange'' and inserting ``Conduct a transportation needs study and make improvements to I-75 interchanges in the Grayling area''; (6) in item number 897 by striking ``Upgrade'' and all that follows through ``interchange'' and inserting ``Engineering and construction of a new access road to a development near Interstate 57 and 167th Street in Country Club Hills''; (7) in item number 1121 by striking ``Construct'' and all that follows through ``Douglaston Parkway'' and inserting ``Provide landscaping along both sides of the Grand Central Parkway from 188th Street to 172nd Street''; (8) in item 1225 by striking ``Construct SR 9 bypass'' and inserting ``Study, design, and construct transportation solutions for SR 9 corridor''; and (9) in item number 1447 strike ``Extend'' and all that follows through ``Valparaiso'' and insert ``Design and construction of interchange at I-65 and 109th Avenue, Crown Point''. SEC. 1823. NATIONAL WORK ZONE SAFETY INFORMATION CLEARINGHOUSE. The Secretary shall make grants of $1,000,000 for fiscal years 2005 through 2009 to a national nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse, authorized by section 358(b)(2) of Public Law 104-59, created for the purpose of assembling and disseminating, by electronic and other means, information relating to improvement of roadway work zone safety. SEC. 1824. TRANSPORTATION CONFORMITY. (a) Conformity Redeterminations.--Section 176(c)(2) of the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at the end the following: ``(E) The appropriate metropolitan planning organization shall redetermine conformity for existing transportation plans and programs not later than 2 years after the date on which the Administrator_ ``(i) finds a motor vehicle emissions budget in a submitted implementation plan 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 ``(ii) approves an implementation plan under section 110(k) or promulgates an implementation plan under section 110(c) that establishes a motor vehicle emissions budget where there was no prior budget or that establishes a budget that significantly varies from any motor vehicle emissions budget in effect pursuant to an adequacy determination in accordance with section 93.118(e)(4) of title 40, Code of Federal Regulations (as in effect on October 1, 2003) or as part of an implementation plan approved or promulgated under section 110.''. (b) Frequency of Conformity Determination Updates.--Section 176(c)(4) of the Clean Air Act (42 U.S.C. 7506(c)(4)) is amended follows: (1) By striking ``one year after the date of enactment of the Clean Air Act Amendments [[Page 6220]] of 1990'' and inserting ``one year after the date of enactment of the Transportation Equity Act: A Legacy for Users'' . (2) In subparagraph (B) by amending clause (ii) to read as follows: ``(ii) provide that conformity determinations for transportation plans and programs be determined every 4 years in areas designated as nonattainment or redesignated to attainment (unless a metropolitan planning organization as designated in section 5213(b) of title 49, United States Code, elects to update a transportation plan and program more frequently or is required to determine conformity in accordance with paragraph (2)(E)).''. (c) Time Horizon for Conformity Determinations in Nonattainment Areas.--Subsection (c) of section 176 of the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding the following new paragraph at the end thereof: ``(7) Time horizon for determinations.--Each conformity determination required under this section for a transportation plan under section 5213(g) of title 49 of the United States Code shall require a demonstration of conformity during the period ending on either the final year of the transportation plan or, at the election of the metropolitan planning organization and an air pollution control agency, as defined in section 302(b), if such air pollution control agency is responsible for developing plans or controlling air pollution within the area covered by the transportation plan on the later of the following dates (hereinafter in this paragraph referred to as the `final transportation conformity date'): ``(A) The tenth year of the transportation plan. ``(B) The attainment date set forth in the applicable implementation plan for the air pollutant concerned. ``(C) The year after the completion of a regionally significant project, if the project will be programmed in the transportation improvement program or requires approval before the subsequent conformity determination. Such conformity determination shall be accompanied by a regional emissions analysis for any years of the transportation plan that extend beyond such final conformity date. In the 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 October 1, 2003), or has approved the revision, the demonstration of conformity (at the election of the metropolitan planning organization and an air pollution control agency, as defined in section 302(b), if such air pollution control agency is responsible for developing plans or controlling pollution within the area covered by the transportation plan) and the metropolitan planning organization shall be required to extend only through the last year of the implementation plan required under section 175A(b).''. (d) Substitution of Transportation Control Measures.-- Subsection 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at the end the end the following new paragraph: ``(8)(A) Transportation control measures that are specified in an implementation plan may be replaced in the implementation plan with substitute transportation control measures if ``(i) the substitute measures achieve equivalent or greater emission reductions than the control measures to be replaced, as determined by the Administrator, ``(ii) the substitute measures utilize an emissions impact analysis that is consistent with the current methodology used for evaluating replaced control measures in the implementation plan; ``(iii) the substitute control measures are implemented not later than the date on which such emission reductions are necessary to achieve the purpose of the implementation plan; ``(iv) the substitute control measures were developed with reasonable public notice and the opportunity for comments; and ``(v) the metropolitan planning organization finds that adequate funding is included in the transportation improvement program to ensure timely implementation of the substitute control measures. ``(B) After the requirements of paragraph (A) are met, a State may adopt the substitute measures in the applicable implementation plan within a reasonable period of time. ``(C) The substitution of a transportation control measure in accordance with this paragraph shall not be contingent on the existence of any provision in the applicable implementation plan that expressly permits such substitution. ``(D) The substitution 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 applicable implementation plan. ``(E) 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. ``(F) Adoption of a substitute control measure shall constitute rescission of the previously applicable control measure. Transportation control measures may be added to an implementation plan subject to subparagraphs (B), (C), and (D), on the same basis as if such measures were substitute transportation control measures if such measures do not increase emissions for which limitations have been established in an implementation plan, and such measures meet the requirements of clauses (ii), (iii), (iv), and (v) of subparagraph (A).''. (e) Lapse of Conformity.--Subsection (c) of section 176 of the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding the following new paragraphs at the end thereof: ``(9) Lapse of conformity.--If a conformity determination required under this subsection for a transportation plan under section 5213(g) of title 49 of the United States Code or a transportation improvement program under section 5213(h) of title 49 of the United States Code is not made by the applicable deadline and such failure is not corrected by additional measures to either reduce motor vehicle emissions sufficient to demonstrate compliance with the requirements of this subsection within 12 months after such deadline or other measures sufficient to correct such failures, the transportation plan shall lapse. ``(10) Lapse.--The term `lapse' means that the conformity determination for a transportation plan or transportation improvement program has expired, and thus there is no currently conforming transportation plan or transportation improvement program.''. SEC. 1825. ELIGIBILITY TO PARTICIPATE IN WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM. A community is deemed to be eligible to participate in the western Alaska community development quota program established under section 305(i) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)) if the community-- (1) is listed in table 7 to part 679 of title 50, Code of Federal Regulations, as in effect on March 8, 2004; or (2) was determined to be eligible participate in such program by the National Marine Fisheries Service on April 19, 1999. SEC. 1826. METROPOLITAN REGIONAL FREIGHT AND PASSENGER TRANSPORTATION STUDY. (a) In General.--The Secretary shall enter into an agreement with a partnership comprised of 2 institutions of higher learning to study metropolitan regional freight and passenger transportation and system-wide performance utilizing an interdisciplinary technique of supply chain management, geographic information systems, and urban/ suburban planning and management. (b) Contents of Study.--The study under this section shall include, at a minimum, evaluations of-- (1) best practices for regional transportation operations and management; (2) relationships among truck trip generation and economic activities; (3) spatial analysis of the distribution of economic activity and transportation investments; (4) congestion mitigation and management of air quality through the concentration of modeling and technology; (5) supply chain management and geographic information systems; and (6) infrastructure management and renewal. (c) Federal Share.--The Federal share of the cost of the study under this section shall be 100 percent. (d) Funding.--Of the amounts made available to carry out section 1305 for each of fiscal years 2005 through 2009, $1,800,000 shall be made available to carry out this section. SEC. 1827. INTERMODAL TRANSPORTATION FACILITY EXPANSION. Any Federal and non-Federal share provided for the Port of Anchorage for an intermodal transportation marine facility or for access to that facility shall be transferred to and administered by the Administrator of the Maritime Administration. SEC. 1828. ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM. (a) Definition.--Section 101(a) of title 23, United States Code, as amended by section 1202 of this Act, is further amended by adding at the end the following: ``(40) Advanced Truck Stop Electrification System.--The term `advanced truck stop electrification system' means a stationary system that delivers heat, air conditioning, electricity, and communications, and is capable of providing verifiable evidence of use of those services, to a heavy-duty vehicle and any occupants of the heavy-duty vehicle without relying on components mounted onboard the heavy-duty vehicle for delivery of those services.''. (b) Eligibility Under STP.--Section 133(b)(6) of such title is amended by inserting ``, including advanced truck stop electrification systems'' before the period at the end. (c) Eligibility Under CMAQ.--Section 149(b)(4) of such title is amended by inserting ``, including advanced truck stop electrification systems,'' after ``facility or program''. SEC. 1829. TECHNOLOGY. States are encouraged to consider using a non-destructive technology able to detect cracks including sub-surface flaws as small as 0.005 inches in length or depth in steel bridges. [[Page 6221]] Page 395, line 16, strike ``All'' and all that follows through the period on line 18 and insert the following: ``All fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs are used for motorcycle training and safety programs.''. Page 396, line 20, before ``to carry'' insert ``incorporated in that State''. At the end of title II, insert the following (and conform the table of contents accordingly): SEC. 2011. DRUG IMPAIRED DRIVING ENFORCEMENT. (a) Short Title.--This section may be cited as the ``Drug Impaired Driving Research and Prevention Act''. (b) Definitions.--In this section, the following definitions apply: (1) Controlled substance.--The term ``controlled substance'' includes substances listed in schedules I through V of section 112(e) of the Controlled Substances Act (21 U.S.C. 812(e)). (2) Inhalant.--The term ``inhalant'' means a household or commercial product that can be used by inhaling for intoxicating effect. (3) Drug recognition expert.--The term ``drug recognition expert'' means an individual trained in a specific evaluation procedure that enables the person to determine whether an individual is under the influence of drugs and then to determine the type of drug causing the observable impairment. (c) Model Statute.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Secretary shall develop and provide to the States a model statute relating to drug impaired driving which incorporates the provisions described in this section. (2) Mandatory provisions.--Provisions of the model statute developed by the Secretary for recommendation to the States under this section shall include, at a minimum, a provision that the crime of drug impaired driving is committed when a person operates a motor vehicle-- (A) while any unlawful detectable amount of a controlled substance is present in the person's body, as measured in the person's blood, urine, saliva, or other bodily substance; or (B) due to the unlawful presence of a controlled substance or a controlled substance in combination with alcohol or an inhalant, or both, in the person's body, the person's mental or physical faculties are affected to a noticeable or perceptible degree. (3) Discretionary provisions.--Provisions of the model statute developed by the Secretary for recommendation to the States under this section may include the following: (A) Sanctions for refusing to submit to a test for the unlawful presence of a controlled substance in a person's body which are equivalent to sanctions for a positive test result. (B) A graduated system of penalties for repeat offenses of drug impaired driving, including, at a minimum, that a third or subsequent offense within a 10-year period shall be a felony punishable by imprisonment for more than a year. (C) Authorization for States to suspend or revoke the license of any driver upon receiving a record of the driver's conviction of driving a motor vehicle while under the unlawful influence of a controlled substance. (D) Provisions that require a sentence of imprisonment imposed for any drug impaired driving offense be served consecutively, not concurrently, from a sentence imposed for any other criminal act; except that a sentence imposed for the same act of impaired driving may be imposed concurrently if the additional conviction was based on an alternate theory of culpability for the same act. (d) Research and Development.--Section 403(b) of title 23, United States Code, is amended by adding at the end the following: ``(5) New technology to detect drug use. ``(6) Research and development to improve testing technology, including toxicology lab resources and field test mechanisms to enable States to process toxicology evidence in a more timely manner. ``(7) Determining per se unlawful impairment levels for controlled substances (as defined in section 2011 of the Transportation Equity Act: A Legacy for Users) and the compound effects of alcohol and controlled substances on impairment to facilitate enforcement of per se drug impaired driving laws. Research under this paragraph shall be carried out in collaboration with the National Institute on Drug Abuse of the National Institutes of Health.''. (e) Goals for Training.--Section 403 of such title is amended by adding at the end the following: ``(g) Training Goals.--For the purpose of enhancing the States' ability to detect, enforce, and prosecute drug impaired driving laws, the Secretary shall-- ``(1) establish and carry out programs to enhance police and prosecutor training efforts for enforcement of laws relating to drug impaired driving and for development of programs to improve enforcement of such laws; and ``(2) ensure that drug impaired driving enforcement training or drug recognition expert programs, or both, exist in all 50 States and the District of Columbia by December 31, 2006.''. (f) Duties.--The Administrator of the National Highway Traffic Safety Administration shall-- (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; and (2) conduct research on the prevention, detection, and prosecution of driving under the influence of an illegal drug. (g) Reports.-- (1) In General.--Not later than 18 months after the date of enactment of this Act and annually thereafter, the Secretary shall transmit to Congress a report on the progress being made in carrying out this Act, including the amendments made by this Act. (2) Contents.--The Secretary shall include in the report an assessment of the status of drugged impaired driving laws in the United States-- (A) new research and technologies in the area of drug impaired driving enforcement; (B) a description of the extent of the problem of driving under the influence of an illegal drug in each State and any available information relating thereto, including a description of any laws relating to the problem of driving under the influence of an illegal drug; and (C) recommendations for addressing the problem of driving under the influence of an illegal drug. (h) Funding.--Out of amounts appropriated to carry out section 403 of title 23, United States Code, for fiscal years 2004 through 2009, the Secretary shall use, at a minimum, $1,200,000 per fiscal year to carry out drug impaired driving traffic safety programs, including the provisions of this section and the amendments made by this section. In section 5308(c)(2)(A) of title 49, United States Code, as proposed to be inserted by section 3009 of the bill (pages 422 and 423), strike clause (iii) and insert the following: ``(iii) 1.2 if, at the time of the apportionment, the area is classifed as a moderate ozone nonattainment area under subpart 2 of such part; Page 426, line 13, strike ``transit supportive policies,'' and insert ``and transit supportive policies''. In section 5309 of title 49, United States Code, as proposed to be amended by section 3010(d) of the bill, redesignate paragraph (2) of subsection (k) as paragraph (4) (page 447), move such redesignated paragraph to the end of subsection (m) (page 450), and strike ``(1) Considerations.-- '' in such subsection (k) (page 447, line 9). Page 450, line 10, after the period insert the following: ``Of the amounts made available under paragraphs (1)(C) and (2)(B)(iii), $10,000,000 shall be available in each of fiscal years 2004 through 2009 for ferry boats or ferry terminal facilities.''. Page 482, lines 14 and 15, strike ``10 persons per square mile or fewer'' and insert ``10 or fewer persons per square mile in other than urbanized areas of the State''. Page 500, line 10, strike ``(b) and (c)'' and insert ``(b), (c), and (d)''. Page 501, strike line 3 and all that follows through line 15. In section 3037(b)(4), strike ``extensions''. In section 3037(b)(15)-- (1) strike ``Phase II'' and insert ``Foothill''; and (2) strike ``Claremont'' and insert ``Montclair''. In section 3037(b)-- (1) in paragraph (37) strike ``MUNI'' and insert ``Muni''; and (2) after paragraph (36) insert the following (and redesignate subsequent paragraphs accordingly): (37) San Diego--Mid Coast Extension. In section 3037(b), after paragraph (38), relating to Santa Clara Valley Transit Authority, insert the following (and redesignate subsequent paragraphs accordingly): (39) Tampa Bay--Regional Rail. In section 3037(c)(2), strike ``Albuquerque-Santa Fe'' and insert ``Belen-Santa Fe''. In section 3037(c), strike paragraph (9) and insert the following (and redesignate subsequent paragraphs accordingly): (9) Austin--Rapid Bus Project. (10) Austin--Regional Commuter Rail. In section 3037(c), after paragraph (20), relating to Charles Town-Ranson, West Virginia, insert the following (and redesignate subsequent paragraphs accordingly): (21) Central Phoenix--East Valley Corridor LRT Extensions. In section 3037(c), after paragraph (34), relating to Corpus Christi, insert the following (and redesignate subsequent paragraphs accordingly): (35) Dallas Area Rapid Transit--Dallas Central Business District. In section 3037(c), after paragraph (38) relating to Denver--Gold Line Extension to Arvada, insert the following (and redesignate subsequent paragraphs accordingly): (39) Denver--United States Route 36 Transit Corridor. (40) Denver--North Metro Corridor to Thornton. (41) Denver--East Corridor to DIA Airport. In section 3037(c)(44), relating to Fort Worth, strike ``Extension'' and insert ``Extensions''. In section 3037(c)(106), strike ``Extension to City of Lake Oswego'' and insert ``Extensions''. [[Page 6222]] In section 3037(c), after paragraph (114), relating to Sacramento--Downtown, insert the following (and redesignate subsequent paragraphs accordingly): (115) Salt Lake City--Draper to Sandy LRT Extension. (116) Salt Lake City--TRAX Capacity Improvements. (117) Salt Lake City--West Valley City LRT Extension. In section 3037(c)(119), strike ``Geary'' and insert ``MUNI Geary''. In section 3037(c), after paragraph (123), relating to Seattle, insert the following (and redesignate subsequent paragraphs accordingly): (124) Seattle--Link LRT Extensions. (125) Seattle--Sound Transit Commuter Rail. (126) Seattle--Sound Transit Regional Express Bus. In section 3037(c), after paragraph (138), relating to Tri- Rail Florida East Coast, insert the following (and redesignate subsequent paragraphs accordingly): (139) Tri-Rail Jupiter Extension. In section 3037(c), after paragraph (141), relating to Vancouver, insert the following (and redesignate subsequent paragraphs accordingly): (142) Virginia Beach--Bus Rapid Transit. In section 3037(c), after paragraph (142), relating to Virginia Railway Express, insert the following (and redesignate subsequent paragraphs accordingly): (143) Washington State Ferries and Ferry Facilities. In item 15 of the table contained in section 3038, strike ``Gettysburt'' and insert ``Gettysburg''. In item number 25 of such table, strike ``$750,000.00'' and insert ``$2,850,000.00''. In item number 26 of such table, strike ``$750,000.00'' and insert ``$2,850,000.00''. In item 85 of such table, strike ``Pasadena'' and all that follows through ``centers'' and insert ``Pasadena to Montclair, CA Gold Line Light Rail Foothill Extension intermodal centers''. In item 97 of such table, strike ``$1,750,000.00'' and insert ``$3,750,000.00''. In item 98 of such table, strike ``vehabilitation'' and insert ``rehabilitation''. In item 132 of such table, strike ``Gold Line phase II rail project'' and insert ``light rail Foothill Extension''. In item 162 of such table, after ``Construct'' insert ``Foothill Transit''. At the end of such table, add the following: ---------------------------------------------------------------------------------------------------------------- Project FY 05 FY 06 FY 07 ---------------------------------------------------------------------------------------------------------------- 356. Jesup, GA - Historic depot and bus station rehabilitation.. $320,000.00 $330,000.00 $350,000.00 357. Renaissance Square, NY - Intermodal center, below grade $2,240,000.00 $2,310,000.00 $2,450,000.00 transit center with association joint development, including community college and performing arts center................... 358. Boysville of Michigan - Vans purchase...................... $1,075,200.00 $1,108,800.00 $1,176,000.00 ---------------------------------------------------------------------------------------------------------------- In section 3039(b), strike ``4 nonprofit'' and insert ``4 geographically diverse nonprofit''. In section 3039(c)(1), strike ``transit operations'' and insert ``transit bus operations''. Redesignate section 3040 as section 1829, move such redesignated section from title III to the end of subtitle H of title I, redesignate subsequent sections of title III accordingly, and conform the table of contents accordingly. In section 3042(a)(1), strike ``For carrying out'' and insert the following: (A) In general.--For carrying out In section 3042(a)(1), redesignate subparagraphs (A) through (F) as clauses (i) through (vi), respectively, move such clauses 2 ems to the right, and after clause (vi) (as so redesignated) insert the following: (B) Public transportation national security study.-- (i) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences to conduct a study and evaluation of the value major public transportation systems in the United States serving the 38 urbanized areas that have a population of more than 1,000,000 individuals provide to the Nation's security and the ability of such systems to accommodate the evacuation, egress or ingress of people to or from critical locations in times of emergency. (ii) Alternative routes.--For each system described in clause (i) the study shall identify-- (I) potential alternative routes for evacuation using other transportation modes such as highway, air, marine, and pedestrian activities; and (II) transit routes that, if disrupted, do not have sufficient transit alternatives available. (iii) Report.--Not later than 24 months after the date of entry into the agreement, the Academy shall submit to the Secretary and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate a final report on the results of the study and evaluation, together with such recommendations as the Academy considers appropriate. (iv) Funding.--Of the amounts made available under section 5338(d) of title 49, United States Code, $250,000 shall be available for each of fiscal years 2005 and 2006 to carry out this subparagraph. At the end of title III, insert the following and conform the table of contents accordingly: SEC. 3045. COOPERATIVE PROCUREMENT. (a) Review of Cooperative Procurement; Authority to Increase Federal Share.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary shall undertake a 30-day review of efforts to use cooperative procurement to determine whether benefits are sufficient to formally incorporate cooperative procurement into the mass transit program. In particular the Secretary shall review the progress made under the pilot program authorized under section 166 of division F of the Consolidated Appropriations Act, 2004 (49 U.S.C. 5397 note; 118 Stat. 309), based on experience to date in the pilot program and any available reports to Congress submitted under such section 166. The Secretary shall also consider information gathered from grantees about cooperative procurement, whether or not related to the pilot program. (2) Notification of congress.--The Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the results of the review required under paragraph (1), including a finding of sufficient benefit or insufficient benefit and the reasons for that finding. In subparagraph (V) that is proposed to be inserted in section 31102(b)(1) of title 49, United States Code, by section 4102(a)(6) of the bill, strike ``placing out of service'' and insert ``prohibiting the operation of''. In section 4120(e), strike ``2004,''. In section 4121(a), after ``mellitus'' insert ``who are applying for an exemption from the physical qualification standards''. In section 4121(a), strike ``qualify'' and insert ``be exempted from the physical qualification standards''. In section 4122(c), strike ``2004,''. In section 4128, insert at the end the following: (f) Inspection, Repair, and Maintenance of Intermodal Equipment.--Section 31136 of title 49, United States Code, is amended by adding at the end the following: ``(g) Inspection, Repair, and Maintenance of Intermodal Equipment.--The Secretary, or an employee of the Department of Transportation designated by the Secretary, may inspect intermodal equipment, and copy related maintenance and repair records for such equipment, on demand and display of proper credentials to inspect intermodal equipment.''. (g) Jurisdiction Over Equipment Providers.--Section 31132(1) of such title is amended by inserting after ``towed vehicle'' the following: ``(including intermodal equipment, including trailers, chassis and associated devices, commonly used for the transportation of intermodal freight via highway)''. In section 4208(a)(1), insert after ``challenge'' the following: ``duplicate or fraudulent''. At the end of title IV, insert the following (and conform the table of contents of the bill accordingly): SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR CARRIERS. (a) In General.--The provisions of title 49, United States Code, and this Act (including any amendments made by this Act) relating to the transportation of household goods shall only apply to household goods motor carriers. (b) Household Goods Motor Carrier Defined.--In this section, the term ``household goods motor carrier'' means a motor carrier as defined in section 13102(12) of title 49, United States Code, which, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services: binding and nonbinding estimates, inventorying, protective packing and unpacking of individual items, and loading and unloading at personal residences. Title V, after section 5102, insert the following: SEC. 5103. FINDINGS. The Congress finds the following: (1) Research and development are critical to developing and maintaining a transportation system that meets the goals of safety, [[Page 6223]] mobility, economic vitality, efficiency, equity, and environmental protection. (2) Federally sponsored surface transportation research and development has produced many successes. The development of rumble strips has increased safety; research on materials has increased the lifespan of pavements, saving money and reducing the disruption caused by construction; and Geographic Information Systems have improved the management and efficiency of transit fleets. (3) Despite these important successes, the Federal surface transportation research and development investment represents less than one percent of overall government spending on surface transportation. (4) While Congress increased funding for overall transportation programs by about 40 percent in the Transportation Equity Act for the 21st Century, funding for transportation research and development remained relatively flat. (5) The Federal investment in research and development should be balanced between short-term applied and long-term fundamental research and development. The investment should also cover a wide range of research areas, including research on materials and construction, research on operations, research on transportation trends and human factors, and research addressing the institutional barriers to deployment of new technologies. (6) Therefore, Congress finds that it is in the United States interest to increase the Federal investment in transportation research and development, and to conduct research in critical research gaps, in order to ensure that the transportation system meets the goals of safety, mobility, economic vitality, efficiency, equity, and environmental protection. Title V, section 5201(b) of the bill in the matter proposed to be inserted in section 502(a) of title 23, United States Code, strike paragraphs (5) through (7) and insert the following: ``(5) Stakeholder input.--Federal surface transportation research and development activities shall address the needs of stakeholders. Stakeholders include States, metropolitan planning organizations, local governments, the private sector, researchers, research sponsors, and other affected parties, including public interest groups. ``(6) Competition and peer review.--Except as otherwise provided in this Act, the Secretary shall award all grants, contracts, and cooperative agreements for research and development under this Act based on open competition and peer review of proposals. ``(7) Performance review and evaluation.--To the maximum extent practicable, all surface transportation research and development projects shall include a component of performance measurement and evaluation. Performance measures shall be established during the proposal stage of a research and development project and shall, to the maximum extent possible, be outcome-based. All evaluations shall be made readily available to the public.''. Title V, section 5203(a) of the bill, in the matter proposed to be inserted in section 507(d)(1) of title 23, United States Code, strike ``a national research agenda for the program'' and insert ``the national research agenda as set forth in the Transportation Research Board Special Report 268 as described in subsection (e)''. Title V, section 5203(a) of the bill, in the matter proposed to be inserted in section 507(e) of title 23, United States Code, insert at the end the following: ``(8) Contents.--The program established under subsection (d)(1) shall carry out research and development called for in the Transportation Research Board Special Report 268, entitled `Surface Transportation Environmental Research: A Long-Term Strategy', published in 2002, which included the following research and development areas: ``(1) Human Health. ``(2) Ecology and Natural Systems. ``(3) Environmental and Social Justice. ``(4) Emerging Technologies. ``(5) Land Use. ``(6) Planning and Performance Measures. Title V, section 5204(b) of the bill, in the matter proposed to be inserted in section 503(c)(2)(A) of title 23, United States Code, after ``materials,'' insert ``recycled materials (including taconite tailings and foundry sand),'' Title V, section 5205(a)(2) of the bill, strike ``$10,000,000'' and insert ``$8,500,000''. Title V, strike 5205(d) of the bill and insert the following: (d) Garrett A. Morgan Technology and Transportation Education Program.-- (1) In general.--Section 504 of title 23, United States Code, as amended by this section, is further amended by adding at the end the following new subsection: ``(d) Garrett A. Morgan Technology and Transportation Education Program.-- ``(1) In general.--The Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program to improve the preparation of students, particularly women and minorities, in science, technology, engineering, and mathematics through curriculum development and other activities related to transportation. ``(2) Authorized activities.--The Secretary shall award grants under this subsection on the basis of competitive, peer review. Grants awarded under this subsection may be used for enhancing science, technology, engineering, and mathematics at the elementary and secondary school level through such means as-- ``(A) internships that offer students experience in the transportation field; ``(B) programs that allow students to spend time observing scientists and engineers in the transportation field; and ``(C) developing relevant curriculum that uses examples and problems related to transportation. ``(3) Application and review procedures.-- ``(A) In general.--An entity described in subparagraph (C) seeking funding under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used and a description of how the funds will be used to serve the purposes described in paragraph (2). ``(B) Priority.--In making awards under this subsection, the Secretary shall give priority to applicants that will encourage the participation of women and minorities. ``(C) Eligibility.--Local education agencies and State education agencies, which may partner with institutions of higher education, businesses, or other entities, shall be eligible to apply for grants under this subsection. ``(4) Definitions.--For purposes of this subsection-- ``(A) the term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); ``(B) the term `local educational agency' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and ``(C) the term `State educational agency' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).''. (2) Funding.--Of the amounts made available by section 5101(a)(2) of this Act, $500,000 for 2004 and $1,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out section 504(d) of title 23, United States Code. Title V, section 5209, redesignate subsections (b) and (c) as subsections (c) and (d). Title V, section 5209, after subsection (a) insert the following: (b) Programmatic Evaluations.--Within 3 years after the first research and development project grants, cooperative agreements, or contracts are awarded under this section, the Comptroller General shall review the program under this section, and recommend improvements. The review shall assess the degree to which projects funded under this section have addressed the research and development topics identified in the Transportation Research Board Special Report 260, including identifying those topics which have not yet been addressed. Title V, section 5205 of the bill, in the matter proposed to be inserted in section 504 of title 23, United States Code, redesignate subsections (f) and (g) as subsections (g) and (h), respectively. Title V, section 5205 of the bill, insert after subsection (e) the following: (f) Transportation Education Development Pilot Program.-- Section 504 of title 23, United States Code, is amended by inserting after subsection (e) the following: ``(f) Transportation Education Development Pilot Program.-- ``(1) Establishment.--The Secretary shall establish a program to make grants to institutions of higher education that in partnership with industry or State Departments of Transportation will develop, test, and revise new curricula and education programs to train individuals at all levels of the transportation workforce. ``(2) Selection of grant recipients.--In selecting applications for awards under this subsection, the Secretary shall consider-- ``(A) the degree to which the new curricula or education program meets the specific needs of a segment of the transportation industry, States, or regions; ``(B) providing for practical experience and on-the-job training; ``(C) proposals oriented toward practitioners in the field rather than the support and growth of the research community; ``(D) the degree to which the new curricula or program will provide training in areas other than engineering, such as business administration, economics, information technology, environmental science, and law; ``(E) programs or curricula in nontraditional departments which train professionals for work in the transportation field, such as materials, information technology, environmental science, urban planning, and industrial technology; and ``(F) industry or a State's Department of Transportation commitment to the program. ``(3) Funding.--Of the amounts made available by section 5101(a)(2) of this Act, $1,500,000 for each of fiscal years 2005 through 2009 shall be available to carry out this subsection. ``(4) Limitations.--The amount of a grant under this subsection shall not exceed [[Page 6224]] $250,000 per year. After a recipient has received 3 years of Federal funding under this subsection, Federal funding may equal no more than 75 percent of a grantee's program costs.''. Title V, subtitle B, is amended by adding at the end the following: SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING. (a) Amendment.--Section 508 of title 23, United States Code, is amended to read as follows: ``Sec. 508. Transportation research and development strategic planning ``(a) In General.-- ``(1) Development.--Not later than 1 year after the date of enactment of the Surface Transportation Research and Development Act of 2004, the Secretary shall develop a 5-year transportation research and development strategic plan to guide Federal transportation research and development activities. This plan shall be consistent with section 306 of title 5, sections 1115 and 1116 of title 31, and any other research and development plan within the Department of Transportation. ``(2) Contents.--The strategic plan developed under paragraph (1) shall-- ``(A) describe the primary purposes of the transportation research and development program, which shall include, at a minimum-- ``(i) reducing congestion and improving mobility; ``(ii) promoting safety; ``(iii) promoting security; ``(iv) protecting and enhancing the environment; ``(v) preserving the existing transportation system; and ``(vi) improving the durability and extending the life of transportation infrastructure; ``(B) for each purpose, list the primary research and development topics that the Department intends to pursue to accomplish that purpose, which may include the fundamental research in the physical and natural sciences, applied research, technology development, and social science research intended for each topic; and ``(C) for each research and development topic, describe-- ``(i) the anticipated annual funding levels for the period covered by the strategic plan; and ``(ii) the additional information the Department expects to gain at the end of the period covered by the strategic plan as a result of the research and development in that topic area. ``(3) Considerations.--In developing the strategic plan, the Secretary shall ensure that the plan-- ``(A) reflects input from a wide range of stakeholders; ``(B) includes and integrates the research and development programs of all the Department's operating administrations, including aviation, transit, rail, and maritime; and ``(C) takes into account how research and development by other Federal, State, private sector, and not-for-profit institutions contributes to the achievement of the purposes identified under paragraph (2)(A), and avoids unnecessary duplication with these efforts. ``(4) Performance plans and reports.--In reports submitted under sections 1115 and 1116 of title 31, the Secretary shall include-- ``(A) a summary of the Federal transportation research and development activities for the previous fiscal year in each topic area; ``(B) the amount of funding spent in each topic area; ``(C) a description of the extent to which the research and development is meeting the expectations set forth in paragraph (2)(C)(ii); and ``(D) any amendments to the strategic plan. ``(b) The Secretary shall submit to Congress an annual report, along with the President's annual budget request, describing the amount spent in the last completed fiscal year on transportation research and development and the amount proposed in the current budget for transportation research and development. ``(c) National Research Council Review.--The Secretary shall enter into an agreement for the review by the National Research Council of the details of each-- ``(1) strategic plan under section 508; ``(2) performance plan required under section 1115 of title 31; and ``(3) program performance report required under section 1116 of title 31, with respect to transportation research and development.''. (b) Conforming Amendment.--The analysis for chapter 5 of title 23, United States Code, is amended by striking the item related to section 508 and inserting the following: ``508. Transportation research and development strategic planning.''. Title V, in section 5302 of the bill in the matter proposed to be inserted in section 5506(e)(C)(ii) of title 49, United States Code, insert ``and'' after the semicolon. Title V, in section 5302 of the bill, in the matter proposed to be inserted in section 5506(e)(2)(C) of title 49, United States Code, strike clause (iv) in such matter. Title V, in section 5302 of the bill, in the matter proposed to be inserted in section 5506(e)(2)(C)(iii) of title 49, United States Code, strike ``; and'' and insert the following: ``who, as a group, have published a total at least 50 refereed journal publications on highway or public transportation research during the preceding 5 years.''. Title V, in section 5302 of the bill in the matter proposed to be inserted in section 5506(f)(2)(B)(ii) of title 49, United States Code, insert ``and'' after the semicolon. Title V, in section 5302 of the bill, in the matter proposed to be inserted in section 5506(f)(2)(B) of title 49, United States Code, strike clause (iv) in such matter. Title V, in section 5302 of the bill, in the matter proposed to be inserted in section 5506(f)(2)(B)(iii) of title 49, United States Code, strike ``; and'' and insert the following: ``who, as a group, have published a total at least 20 refereed journal publications on highway or public transportation research during the preceding 5 years.''. Title V, strike section 5501 and insert the following: SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS. Section 111 of title 49, United States Code, is amended to read as follows: ``Sec. 111. Bureau of Transportation Statistics ``(a) Establishment.--There is established in the Department of Transportation a Bureau of Transportation Statistics. ``(b) Director.-- ``(1) Appointment.--The Bureau shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Qualifications.--The Director shall be appointed from among individuals who are qualified to serve as the Director by virtue of their training and experience in the collection, analysis, and use of transportation statistics. ``(3) Reporting.--The Director shall report directly to the Secretary. ``(4) Term.--The term of the Director shall be 5 years. The Director may continue to serve after the expiration of the term until a successor is appointed and confirmed. ``(c) Responsibilities.--The Director of the Bureau shall serve as the Secretary's senior advisor on data and statistics, and shall be responsible for carrying out the following duties: ``(1) Providing data, statistics, and analysis to transportation decisionmakers.--Ensuring that the statistics compiled under paragraph (5) are designed to support transportation decisionmaking by the Federal Government, State and local governments, metropolitan planning organizations, transportation-related associations, the private sector (including the freight community), and the public. ``(2) Coordinating collection of information.--Working with the operating administrations of the Department to establish and implement the Bureau's data programs and to improve the coordination of information collection efforts with other Federal agencies. ``(3) Data modernization.--Continually improving surveys and data collection methods to improve the accuracy and utility of transportation statistics. ``(4) Encouraging data standardization.--Encouraging the standardization of data, data collection methods, and data management and storage technologies for data collected by the Bureau, the operating administrations of the Department of Transportation, States, local governments, metropolitan planning organizations, and private sector entities. ``(5) Compiling transportation statistics.--Compiling, analyzing, and publishing a comprehensive set of transportation statistics on the performance and impacts of the national transportation system, including statistics on-- ``(A) productivity in various parts of the transportation sector; ``(B) traffic flows for all modes of transportation; ``(C) other elements of the Intermodal Transportation Database established under subsection (g); ``(D) travel times and measures of congestion; ``(E) vehicle weights and other vehicle characteristics; ``(F) demographic, economic, and other variables influencing traveling behavior, including choice of transportation mode, and goods movement; ``(G) transportation costs for passenger travel and goods movement; ``(H) availability and use of mass transit (including the number of passengers served by each mass transit authority) and other forms of for-hire passenger travel; ``(I) frequency of vehicle and transportation facility repairs and other interruptions of transportation service; ``(J) safety and security for travelers, vehicles, and transportation systems; ``(K) consequences of transportation for the human and natural environment; ``(L) the extent, connectivity, and condition of the transportation system, building on the National Transportation Atlas Database developed under subsection (g); and ``(M) transportation-related variables that influence the domestic economy and global competitiveness. [[Page 6225]] ``(6) National spatial data infrastructure.--Building and disseminating the transportation layer of the National Spatial Data Infrastructure, including coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not being collected by others. ``(7) Issuing guidelines.--Issuing guidelines for the collection of information by the Department of Transportation required for statistics to be compiled under paragraph (5) in order to ensure that such information is accurate, reliable, relevant, and in a form that permits systematic analysis. The Bureau shall review and report to the Secretary of Transportation on the sources and reliability of the statistics proposed by the heads of the operating administrations of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993, and the amendments made by such Act, and shall carry out such other reviews of the sources and reliability of other data collected or statistical information published by the heads of the operating administrations of the Department as shall be requested by the Secretary. ``(8) Making statistics accessible.--Making the statistics published under this subsection readily accessible. ``(d) Information Needs Assessment.-- ``(1) In general.--Within 60 days after the date of the enactment of the Transportation Equity Act: A Legacy for Users, the Secretary shall enter into an arrangement with the National Research Council to develop and publish a National Transportation Information Needs Assessment (referred to in this subsection as the `Assessment'). The Assessment shall be transmitted to the Secretary and the Congress not later than 24 months after such arrangement is entered into. ``(2) Content.--The Assessment shall-- ``(A) identify, in priority order, transportation data that is not being collected by the Bureau, Department of Transportation operating administrations, or other Federal, State, or local entities, but is needed to improve transportation decisionmaking at the Federal, State, and local level and to fulfill the requirements of subsection (c)(5); ``(B) recommend whether the data identified in subparagraph (A) should be collected by the Bureau, other parts of the Department, or by other Federal, State, or local entities, and whether any data is a higher priority than data currently being collected; ``(C) identify any data the Bureau or other Federal, State, and local entities is collecting that is not needed; ``(D) describe new data collection methods (including changes in surveys) and other changes the Bureau or other Federal, State, and local entities should implement to improve the standardization, accuracy, and utility of transportation data and statistics; and ``(E) estimate the cost of implementing any recommendations. ``(3) Consultation.--In developing the Assessment, the National Research Council shall consult with the Department's Advisory Council on Transportation Statistics and a representative cross-section of transportation community stakeholders as well as other Federal agencies, including the Environmental Protection Agency, the Department of Energy, and the Department of Housing and Urban Development. ``(4) Report to congress.--Not later than 6 months after the National Research Council transmits the Assessment under paragraph (1), the Secretary shall transmit a report to Congress that describes-- ``(A) how the Department plans to fill the data gaps identified under paragraph (2)(A); ``(B) how the Department plans to stop collecting data identified under paragraph (2)(C); ``(C) how the Department plans to implement improved data collection methods and other changes identified under paragraph (2)(D); ``(D) the expected costs of implementing subparagraphs (A), (B), and (C) of this paragraph; ``(E) any findings of the Assessment under paragraph (1) with which the Secretary disagrees, and why; and ``(F) any proposed statutory changes needed to implement the findings of the Assessment under paragraph (1). ``(e) Intermodal Transportation Data Base.-- ``(1) In general.--In consultation with the Under Secretary for Policy, the Assistant Secretaries, and the heads of the operating administrations of the Department of Transportation, the Director shall establish and maintain a transportation data base for all modes of transportation. ``(2) Use.--The data base shall be suitable for analyses carried out by the Federal Government, the States, and metropolitan planning organizations. ``(3) Contents.--The data base shall include-- ``(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and intermodal combinations, and by relevant classification; ``(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations, and by relevant classification; ``(C) information on the location and connectivity of transportation facilities and services; and ``(D) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination. ``(f) National Transportation Library.-- ``(1) In general.--The Director shall establish and maintain a National Transportation Library, which shall contain a collection of statistical and other information needed for transportation decisionmaking at the Federal, State, and local levels. ``(2) Access.--The Director shall facilitate and promote access to the Library, with the goal of improving the ability of the transportation community to share information and the ability of the Director to make statistics readily accessible under subsection (c)(8). ``(3) Coordination.--The Director shall work with other transportation libraries and other transportation information providers, both public and private, to achieve the goal specified in paragraph (2). ``(g) National Transportation Atlas Data Base.-- ``(1) In general.--The Director shall develop and maintain geospatial data bases that depict-- ``(A) transportation networks; ``(B) flows of people, goods, vehicles, and craft over the networks; and ``(C) social, economic, and environmental conditions that affect or are affected by the networks. ``(2) Intermodal network analysis.--The data bases shall be able to support intermodal network analysis. ``(h) Mandatory Response Authority for Freight Data Collection.--Whoever, being the owner, official, agent, person in charge, or assistant to the person in charge of any corporation, company, business, institution, establishment, or organization of any nature whatsoever, neglects or refuses, when requested by the Director or other authorized officer, employee, or contractor of the Bureau, to answer completely and correctly to the best of his or her knowledge all questions relating to the corporation, company, business, institution, establishment, or other organization, or to make available records or statistics in his or her official custody, contained in a data collection request prepared and submitted under the authority of subsection (c)(1), shall be fined not more than $500; but if he or she willfully gives a false answer to such a question, he or she shall be fined not more than $10,000. ``(i) Research and Development Grants.--The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for-- ``(1) investigation of the subjects specified in subsection (c)(5) and research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis; ``(2) demonstration programs by States, local governments, and metropolitan planning organizations to harmonize data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions; ``(3) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (f); and ``(4) development and improvement of methods for sharing geographic data, in support of the national transportation atlas data base under subsection (g) and the National Spatial Data Infrastructure developed under Executive Order No. 12906. ``(j) Limitations on Statutory Construction.--Nothing in this section shall be construed-- ``(1) to authorize the Bureau to require any other department or agency to collect data; or ``(2) to reduce the authority of any other officer of the Department of Transportation to collect and disseminate data independently. ``(k) Prohibition on Certain Disclosures.-- ``(1) In general.--An officer, employee or contractor of the Bureau may not-- ``(A) make any disclosure in which the data provided by an individual or organization under subsection (c) can be identified; ``(B) use the information provided under subsection (c) for a nonstatistical purpose; or ``(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under subsection (c). ``(2) Copies of reports.-- ``(A) In general.--No department, bureau, agency, officer, or employee of the United States (except the Director in carrying out this section) may require, for any reason, a copy of any report that has been filed under subsection (c) with the Bureau or retained by an individual respondent. ``(B) Limitation on judicial proceedings.--A copy of a report described in subparagraph (A) that has been retained by [[Page 6226]] an individual respondent or filed with the Bureau or any of its employees, contractors, or agents-- ``(i) shall be immune from legal process; and ``(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. ``(C) Applicability.--This paragraph shall apply only to reports that permit information concerning an individual or organization to be reasonably determined by direct or indirect means. ``(3) Informing respondent of use of data.--In a case in which the Bureau is authorized by statute to collect data or information for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform a respondent that is requested or required to supply the data or information of the nonstatistical purpose. ``(l) Transportation Statistics Annual Report.--The Director shall transmit to the President and Congress a Transportation Statistics Annual Report which shall include information on items referred to in subsection (c)(5), documentation of methods used to obtain and ensure the quality of the statistics presented in the report, and recommendations for improving transportation statistical information. ``(m) Data Access.--The Director shall have access to transportation and transportation-related information in the possession of any Federal agency except information-- ``(1) the disclosure of which to another Federal agency is expressly prohibited by law; or ``(2) the disclosure of which the agency so requested determines would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency. ``(n) Proceeds of Data Product Sales.--Notwithstanding section 3302 of title 31, United States Code, funds received by the Bureau from the sale of data products, for necessary expenses incurred, may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for the expenses. ``(o) Advisory Council on Transportation Statistics.-- ``(1) Establishment.--The Director of the Bureau of Transportation Statistics shall establish an Advisory Council on Transportation Statistics. ``(2) Function.--It shall be the function of the Advisory Council established under this subsection to-- ``(A) advise the Director of the Bureau of Transportation Statistics on the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau of Transportation Statistics and the Department of Transportation; ``(B) provide input to and review the report to Congress under subsection (d)(4); and ``(C) advise the Director on methods to encourage harmonization and interoperability of transportation data collected by the Bureau, the operating administrations of the Department of Transportation, States, local governments, metropolitan planning organizations, and private sector entities. ``(3) Membership.--The Advisory Council established under this subsection shall be composed of not fewer than 9 and not more than 11 members appointed by the Director, who are not officers or employees of the United States. Each member shall have expertise in transportation data collection or analysis or application; except that 1 member shall have expertise in economics, 1 member shall have expertise in statistics, and 1 member shall have experience in transportation safety. At least 1 member shall be a senior official of a State department of transportation. Members shall include representation of a cross-section of transportation community stakeholders. ``(4) Terms of appointment.--(A) Except as provided in subparagraph (B), members shall be appointed to staggered terms not to exceed 3 years. A member may be renominated for one additional 3-year term. ``(B) Members serving on the Advisory Council on Transportation Statistics as of the date of enactment of the Transportation Equity Act: A Legacy for Users shall serve until the end of their appointed terms. ``(5) Applicability of federal advisory committee act.--The Federal Advisory Committee Act shall apply to the Advisory Council established under this subsection, except that section 14 of such Act shall not apply to such Advisory Council.''. Title V, strike section 5603(h)of the bill and insert the following: (h) Advisory Committee.-- (1) In general.--The Secretary shall establish an Advisory Committee to advise the Secretary on carrying out this subtitle. (2) Membership.--The Advisory Committee shall have no more than 20 members, be balanced between metropolitan and rural interests, and include, at a minimum-- (A) a representative from a State highway department; (B) a representative from a local highway department who is not from a metropolitan planning organization; (C) a representative from a State, local, or regional transit agency; (D) a representative from a metropolitan planning organization; (E) a private sector user of intelligent transportation system technologies; (F) an academic researcher with expertise in computer science or another information science field related to intelligent transportation systems, and who is not an expert on transportation issues; (G) an academic researcher who is a civil engineer; (H) an academic researcher who is a social scientist with expertise in transportation issues; (I) a representative from a not-for-profit group representing the intelligent transportation system industry; (J) a representative from a public interest group concerned with safety; (K) a representative from a public interest group concerned with the impact of the transportation system on land use and residential patterns; and (L) members with expertise in planning, safety, and operations. (3) Duties.--The Advisory Committee shall, at a minimum, perform the following duties: (A) Provide input into the development of the Intelligent Transportation System aspects of the strategic plan under section 508 of title 23, United States Code. (B) Review, at least annually, areas of intelligent transportation systems research being considered for funding by the Department, to determine-- (i) whether these activities are likely to advance either the state-of-the-practice or state-of-the-art in intelligent transportation systems; (ii) whether the intelligent transportation system technologies are likely to be deployed by users, and, if not, to determine the barriers to deployment; and (iii) the appropriate roles for government and the private sector in investing in the research and technologies being considered. (4) Report.--Not later than February 1 of each year after the date of enactment of this Act, the Secretary shall transmit to the Congress, a report including-- (A) all recommendations made by the Advisory Committee during the preceding calendar year; (B) an explanation of how the Secretary has implemented those recommendations; and (C) for recommendations not implemented, the reasons for rejecting the recommendations. (5) Applicability of federal advisory committee act.--The Advisory Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Title V, section 5605(b), insert after paragraph (1) the following (and redesignate subsequent paragraphs accordingly): (2) utilize interdisciplinary approaches to develop traffic management strategies and tools to address multiple impacts of congestion concurrently; Title V, redesignate sections 5607 through 5609 as sections 5608 through 5610 (and conform the table of contents of the bill accordingly). Title V, after section 5606, insert the following: SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.--The Secretary shall establish a road weather research and development program to-- (1) maximize use of available road weather information and technologies; (2) expand road weather research and development efforts to enhance roadway safety, capacity, and efficiency while minimizing environmental impacts; and (3) promote technology transfer of effective road weather scientific and technological advances. (b) Stakeholder Input.--In carrying out this section, the Secretary shall consult with the National Oceanic and Atmospheric Administration, the National Science Foundation, the American Association of State Highway and Transportation Officials, nonprofit organizations, and the private sector. (c) Contents.-- The program established under this section shall solely carry out research and development called for in the National Research Council's report entitled ``A Research Agenda for Improving Road Weather Services''. Such research and development includes-- (1) integrating existing observational networks and data management systems for road weather applications; (2) improving weather modeling capabilities and forecast tools, such as the road surface and atmospheric interface; (3) enhancing mechanisms for communicating road weather information to users, such as transportation officials and the public; and (4) integrating road weather technologies into an information infrastructure. (d) Activities.-- In carrying out this section, the Secretary shall-- (1) enable efficient technology transfer; (2) improve education and training of road weather information users, such as State and local transportation officials and private sector transportation contractors; and [[Page 6227]] (3) coordinate with transportation weather research programs in other modes, such as aviation. (e) Funding.---- (1) In general.--In awarding funds under this section, the Secretary shall give preference to applications with significant matching funds from non-Federal sources. (2) Funds for road weather research and development.--Of the amounts made available by section 5101(a)(5), $4,000,000 shall be available to carry out this section for each of fiscal years 2004 through 2009. Title V, redesignate section 5609 as section 5610. Title V, after section 5608, insert the following: SEC. 5609. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE. (a) Establishment.--The Secretary shall establish 3 centers for surface transportation excellence. (b) Goals.--The goals of the centers for surface transportation excellence are to promote and support strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, rural safety, and project finance. (c) Role of Centers.--To achieve the goals set forth in subsection (b), the Secretary shall establish the 3 centers as follows: (1) Environmental excellence.--To provide technical assistance, information sharing of best practices, and training in the use of tools and decision-making processes that can assist States in planning and delivering environmentally sound surface transportation projects. (2) Rural safety.--To provide research, training, and outreach on innovative uses of technology to enhance rural safety and economic development, assess local community needs to improve access to mobile emergency treatment, and develop online and seminar training needs of rural transportation practitioners and policy-makers. (3) Project finance.--To provide support to State transportation departments in the development of finance plans and project oversight tools and to develop and offer training in state of the art financing methods to advance projects and leverage funds. (d) Authorization of Appropriations.-- (1) In general.--Of the amounts made available under section 5101(a)(1), the Secretary shall make available $2,000,000 for each of fiscal years 2004 through 2009 to carry out this section. (2) Allocation of funds.--Of the funds made available under paragraph (1) the Secretary shall use such amounts as follows: (A) 40 percent to establish the Center for Environmental Excellence. (B) 30 percent to establish the Center for Excellence in Rural Safety. (C) 30 percent to establish the Center for Excellence in Project Finance. (3) Applicability of title 23.--Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share shall be 100 percent. (e) Program Administration.-- (1) Competition.--A party entering into a contract, cooperative agreement, or other transaction with the Secretary, or receiving a grant to perform research or provide technical assistance under this section shall be selected on a competitive basis, to the maximum extent practicable. (2) Strategic plan.--The Secretary shall require each center to develop a multiyear strategic plan that describes-- (A) the activities to be undertaken; and (B) how the work of the center is coordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized by this title. Such plans shall be submitted to the Secretary by January 1, 2005 and each year thereafter. In subsection (d) as proposed to be inserted in section 5213 of title 49, United States Code, by section 6001(a) of the bill (page 769), insert at the end the following: ``(4) Reservation of rights.--The right to alter, amend or repeal interstate compacts entered into under this subsection is expressly reserved. In subsection (c) as proposed to be inserted in section 5214 of title 49, United States Code, by section 6001(a) of the bill (page 790), strike ``The consent'' and insert the following: ``(1) In general.--The consent In such subsection (c), insert at the end the following: ``(4) Reservation of rights.--The right to alter, amend or repeal interstate compacts entered into under this subsection is expressly reserved. Page 772, lines 23 and 24, strike ``no less frequently than every 4 years'' and insert ``periodically, according to a schedule that the Secretary determines to be appropriate''. Page 773, at the end of line 2, insert the following: The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: ``(A) any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); and ``(B) any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a). In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 4 years unless the metropolitan planning organization elects to update more frequently. Page 788, at the end of line 25, insert the following: ``Such program shall cover a period of 4 years and be updated every 4 years or more frequently if the Governor elects to update more frequently. Page 802, before line 16, insert the following: (c) Regulations.--Not later than 18 months after the date of enactment of this Act, the Secretary shall promulgate regulations that are consistent with the amendments made by this section relating to the Clean Air Act. In section 6002, strike subsection (c) (page 818) and insert the following: (c) Existing Environmental Review Processes.--Nothing in this section shall be deemed to affect any existing environmental review process approved by the Secretary. In section 7003 (pages 825 and 826), insert after paragraph (1) the following (and redesignate subsequent paragraphs of such section accordingly): (2) in paragraph (8) by striking ``national response team'' each place it appears and inserting ``National Response Team''; In section 7019, strike subsection (b) on page 847 and insert the following: (b) Eminent Hazards.--Section 5122(b)(1)(B) is amended by striking ``or ameliorate the'' and inserting ``or mitigate the''. In section 7020(c) (page 848), strike ``is amended'' and all that follows through ``(2) by adding'' and insert ``is amended by adding''. Page 855, strike line 16 and all the follows through line 7 on page 856 and insert the following: SEC. 8101. DISCRETIONARY SPENDING LIMITS FOR THE HIGHWAY AND MASS TRANSIT CATEGORIES. (a) Limits.--(1) Section 251(c)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (A) in subparagraph (A), by striking ``$31,834,000,000'' and inserting ``$28,052,000,000''; and (B) in subparagraph (B), by striking ``$1,462,000,000'' and inserting ``$1,436,000,000'' and by striking ``$6,629,000,000'' and inserting ``$6,271,000,000''. (2) Section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2005'', by redesignating the remaining portion of such paragraph as subparagraph (C) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs: ``(A) for the highway category: $30,585,000,000 in outlays; ``(B) for the mass transit category: $1,554,000,000 in new budget authority and $6,787,000,000 in outlays; and''. (3) Section 251(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2006'', by redesignating the remaining portion of such paragraph as subparagraph (C) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs: ``(A) for the highway category: $33,271,000,000 in outlays; ``(B) for the mass transit category: $1,671,000,000 in new budget authority and $7,585,000,000 in outlays; and''. (4) Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating paragraphs (4) through (9) as paragraphs (7) through (12) and inserting after paragraph (3) the following new paragraphs: ``(4) with respect to fiscal year 2007-- ``(A) for the highway category: $35,248,000,000 in outlays; and ``(B) for the mass transit category: $1,785,000,000 in new budget authority and $8,110,000,000 in outlays; ``(5) with respect to fiscal year 2008-- ``(A) for the highway category: $36,587,000,000 in outlays; and ``(B) for the mass transit category: $1,890,000,000 in new budget authority and $8,517,000,000 in outlays; and ``(6) with respect to fiscal year 2009-- ``(A) for the highway category: $37,682,000,000 in outlays; and ``(B) for the mass transit category: $2,017,000,000 in new budget authority and $8,968,000,000 in outlays;''. (b) Definitions.--Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subparagraph (B), by-- (A) striking ``the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003'' and inserting ``the Transportation Equity Act: A Legacy for Users''; and (B) inserting before the period at the end the following new clauses: [[Page 6228]] ``(v) 69-8158-0-7-401 (Motor Carrier Safety Grants). ``(vi) 69-8159-0-7-401 (Motor Carrier Safety Operations and Programs).''; (2) in subparagraph (C), by-- (A) inserting ``(and successor accounts)'' after ``budget accounts''; and (B) striking ``the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003 or for which appropriations are provided pursuant to authorizations contained in those Acts (except that appropriations provided pursuant to section 5338(h) of title 49, United States Code, as amended by the Transportation Equity Act for the 21st Century, shall not be included in this category)'' and inserting ``the Transportation Equity Act: A Legacy for Users or for which appropriations are provided pursuant to authorizations contained in that Act''; and (3) in subparagraph (D)(ii), by striking ``section 8103 of the Transportation Equity Act for the 21st Century'' and inserting ``section 8103 of the Transportation Equity Act: A Legacy for Users''. SEC. 8102. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES. Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: ``(B) Adjustment to align highway spending with revenues.-- (i) When the President submits the budget under section 1105 of title 31, United States Code, OMB shall calculate and the budget shall make adjustments to the highway category for the budget year and each outyear as provided in clause (ii)(I)(cc). ``(ii)(I)(aa) OMB shall take the actual level of highway receipts for the year before the current year and subtract the sum of the estimated level of highway receipts in subclause (II) plus any amount previously calculated under item (bb) for that year. (bb) OMB shall take the current estimate of highway receipts for the current year and subtract the estimated level of receipts for that year. ``(cc) OMB shall add one-half of the sum of the amount calculated under items (aa) and (bb) to the obligation limitations set forth in the section 8103 of the Transportation Equity Act: A Legacy for Users and, using current estimates, calculate the outlay change resulting from the change in obligations for the budget year and the first outyear and the outlays flowing therefrom through subsequent fiscal years. After making the calculations under the preceding sentence, OMB shall adjust the amount of obligations set forth in that section for the budget year and the first outyear by adding one-half of the sum of the amount calculated under items (aa) and (bb) to each such year. ``(II) The estimated level of highway receipts for the purposes of this clause are-- ``(aa) for fiscal year 2004, $30,572,000,000; ``(bb) for fiscal year 2005, $34,260,000,000; ``(cc) for fiscal year 2006, $35,586,000,000; ``(dd) for fiscal year 2007, $36,570,000,000; ``(ee) for fiscal year 2008, $37,603,000,000; and ``(ff) for fiscal year 2009, $38,651,000,000. ``(III) In this clause, the term `highway receipts' means the governmental receipts credited to the highway account of the Highway Trust Fund. ``(C) In addition to the adjustment required by subparagraph (B), when the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall calculate and the budget shall include for the budget year and each outyear an adjustment to the limits on outlays for the highway category and the mass transit category equal to-- ``(i) the outlays for the applicable category calculated assuming obligation levels consistent with the estimates prepared pursuant to subparagraph (D), as adjusted, using current technical assumptions; minus ``(ii) the outlays for the applicable category set forth in the subparagraph (D) estimates, as adjusted. ``(D)(i) When OMB and CBO submit their final sequester report for fiscal year 2004, that report shall include an estimate of the outlays for each of the categories that would result in fiscal years 2005 through 2009 from obligations at the levels specified in section 8103 of the Transportation Equity Act: A Legacy for Users using current assumptions. ``(ii) When the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall adjust the estimates made in clause (i) by the adjustments by subparagraphs (B) and (C). ``(E) OMB shall consult with the Committees on the Budget and include a report on adjustments under subparagraphs (B) and (C) in the preview report.''. SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS. (a) Highway Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the highway category is-- (1) for fiscal year 2004, $34,309,000,000; (2) for fiscal year 2005, $35,671,000,000; (3) for fiscal year 2006, $36,719,000,000; (4) for fiscal year 2007, $37,800,000,000; (5) for fiscal year 2008, $38,913,000,000; and (6) for fiscal year 2009, $40,061,000,000. (b) Mass Transit Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the mass transit category is-- (1) for fiscal year 2004, $7,266,000,000; (2) for fiscal year 2005, $7,750,000,000; (3) for fiscal year 2006, $8,266,000,000; (4) for fiscal year 2007, $8,816,000,000; (5) for fiscal year 2008, $9,403,000,000; and (6) for fiscal year 2009, $10,029,000,000. For purposes of this subsection, the term ``obligation limitations'' means the sum of budget authority and obligation limitations. SEC. 8104. ENFORCEMENT OF GUARANTEE. Clause 3 of rule XXI of the Rules of the House of Representatives is amended-- (1) by striking ``Transportation Equity Act for the 21st Century'' and inserting ``Transportation Equity Act: A Legacy for Users''; and (2) by adding at the end the following: ``For purposes of this clause, any obligation limitation relating to surface transportation projects under section 1602 of the Transportation Equity Act for the 21st Century and section 1702 of the Transportation Equity Act: A Legacy for Users shall be assumed to be administered on the basis of sound program management practices that are consistent with past practices of the administering agency permitting States to decide High Priority Project funding priorities within State program allocations.''. At the end of the bill, insert the following (and conform the table of contents of the bill accordingly): TITLE IX--RAIL PROVISIONS SEC. 9001. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT. (a) Corridor Development.-- (1) Amendments.--Section 26101 of title 49, United States Code, is amended-- (A) in the section heading, by striking ``PLANNING'' and inserting ``DEVELOPMENT''; (B) in the heading of subsection (a), by striking ``Planning'' and inserting ``Development''; (C) by striking ``corridor planning'' each place it appears and inserting ``corridor development''; (D) in subsection (b)(1)-- (i) by inserting ``, or if it is an activity described in subparagraph (M)'' after ``high-speed rail improvements''; (ii) by striking ``and'' at the end of subparagraph (K); (iii) by striking the period at the end of subparagraph (L) and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(M) the acquisition of locomotives, rolling stock, track, and signal equipment.''; and (E) in subsection (c)(2), by striking ``planning'' and inserting ``development''. (2) Conforming amendment.--The item relating to section 26101 in the table of sections of chapter 261 of title 49, United States Code, is amended by striking ``planning'' and inserting ``development''. (b) Authorization of Appropriations.--Section 26104 of title 49, United States Code, is amended to read as follows: ``Sec. 26104. Authorization of appropriations ``(a) Fiscal Years 2005 Through 2012.--There are authorized to be appropriated to the Secretary-- ``(1) $70,000,000 for carrying out section 26101; and ``(2) $30,000,000 for carrying out section 26102, for each of the fiscal years 2005 through 2012. ``(b) Funds to Remain Available.--Funds made available under this section shall remain available until expended.''. SEC. 9002. ALASKA RAILROAD. (a) Grants.--The Secretary shall make grants to the Alaska railroad for capital rehabilitation and improvements benefiting its passenger operations. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Alaska (Mr. Young) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Alaska (Mr. Young). Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, the amendment under consideration would make improvements to H.R. 3550 as well as to make some technical corrections. More specifically, it would require more oversight of the use of Federal funds for transportation projects. It allows funds to be used for additional planning activities under a pilot program. It would allow new activities under the Federal lands highway program to improve how projects are developed in conjunction with wildlife along the highways. It would allow the Secretary to let States assume the responsibility of the [[Page 6229]] Secretary for transportation enhancements, recreational trails and ITS projects. It would require the Secretary to conduct a rulemaking to ensure that States are repairing or replacing damaged features on the National Highway System with highway features that have been tested, evaluated, and found to be acceptable under certain guidelines. It makes a technical change to ensure that only new interstate facilities are eligible under the interstate system for construction of toll pilot programs. It designates new highways for high-priority corridors on the National Highway System. It would require the Secretary to conduct a pavement-marking system evaluation study to improve safety on the highways. It creates a national clearinghouse for the purpose of assembling and disassembling information relating to improvement of roadway work-zone safety. It makes procedural improvements to the planning requirements for metropolitan areas in States regarding the Clean Air Act. It directs the Secretary to create a model statute for the States to use when developing drunk-driving detection, prevention, and enforcement programs. The budget title sets discretionary spending limits on outlays for the highway and mass transit budget categories and for new budget authority for the mass transit category and continues the budgetary fire walls for highway and transit programs. It would improve the calculation of revenue-aligned budget authority, or RABA, to provide more accurate information of revenue to the Highway Trust Fund. Finally, it sets the annual obligation limitations for the highway and transit programs for the fiscal years 2004 to 2009. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, the gentleman from Alaska has adequately explained the manager's amendment. It needs no further elaboration, and I support the amendment. The CHAIRMAN pro tempore. Is there any Member opposed to the amendment? Modification to Amendment No. 1 Offered by Mr. Young of Alaska Mr. YOUNG of Alaska. Mr. Chairman, I ask unanimous consent that the amendment be modified in the form at the desk. The CHAIRMAN pro tempore. The Clerk will report the modification. The Clerk read as follows: Modification to amendment No. 1 offered by Mr. Young of Alaska: (1) On page 66 of the amendment, strike ``Page 501, strike line 3 and all that follows through line 15.'' and insert ``Page 501, strike line 3 and all that follows through page 502, line 15.''. (2) On page 66 of the amendment, after the amendment relating to section 3037(b)(15), insert the following: In section 3037(b)(21), strike ``-Franklin''. (3) On page 68 of the amendment, after the amendment relating to section 3037(c)(44), insert the following: In section 3037(c), after paragraph (82) relating to Montgomery and Prince George's Counties, insert the following: (83) Nashville--Tennessee Commuter Rail. Mr. YOUNG of Alaska (during the reading). Mr. Chairman, I ask unanimous consent that the modification of the amendment be considered as read and printed in the Record. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from Alaska? There was no objection. The CHAIRMAN pro tempore. Is there objection to the modification offered by the gentleman from Alaska? There was no objection. The CHAIRMAN pro tempore. The question is on the amendment, as modified, offered by the gentleman from Alaska (Mr. Young). The amendment, as modified, was agreed to. The CHAIRMAN pro tempore. It is now in order to consider amendment No. 2 printed in House Report 108-456. Amendment No. 2 Offered by Ms. Eddie Bernice Johnson of Texas Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 2 offered by Ms. Eddie Bernice Johnson of Texas: In title I, section 1103 of the bill-- (1) redesignate subsections (c) and (b) as subsections (d) and (e), respectively; and (2) insert after subsection (b) the folowing: (c) Report.--Section 104(j) of title 23, United States Code, is amended by striking ``submit to Congress a report'' and inserting ``transmit to Congress a report, and also make such report available to the public in a user-friendly format via the Internet,''. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentlewoman from Texas (Ms. Eddie Bernice Johnson) and a Member opposed each will control 5 minutes. The Chair recognizes the gentlewoman from Texas (Ms. Eddie Bernice Johnson). Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I yield myself as much time as I might consume. Mr. Chairman, this amendment would dramatically improve an existing law provision, section 104(j), that was enacted as part of TEA 21. Currently, the U.S. Department of Transportation produces an annual report to Congress on the use of Federal transportation funds by program, by type of investment, and by location within the States. My amendment would simply require that this information be provided to the public as well as via the Internet. This is a nonpartisan amendment. It is broadly supported by a wide array of program partners, county officials, cities, mayors, metropolitan planning organizations, planners, architects and others. Consider the current state of practice. Today, if you search the U.S. DOT's Web site for a section 104(j) report, you get ``no documents match.'' Now, the first question that will be asked is: Will this impose a burden on my State? No, absolutely not. This amendment would not impose any additional burden on the States. Mr. OBERSTAR. Mr. Chairman, will the gentlewoman yield? Ms. EDDIE BERNICE JOHNSON of Texas. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, we have reviewed the gentlewoman's amendment, we have been discussing it for quite some time in committee. This will make it possible to put that information that is already required to be reported on the Internet, and we have agreed on our side to accept the amendment. Mr. YOUNG of Alaska. Mr. Chairman, will the gentlewoman yield? Ms. EDDIE BERNICE JOHNSON of Texas. I yield to the gentleman from Alaska. Mr. YOUNG of Alaska. First, Mr. Chairman, let me congratulate the gentlewoman from Texas (Ms. Eddie Bernice Johnson) for this amendment, and more than that for being able to communicate with the ranking member and myself on your wishes in your district, and being so kind to me when I was in your district this last year. I do thank you for that. I have reviewed this amendment with the gentleman from Minnesota (Mr. Oberstar), and we are willing to accept the amendment. Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, reclaiming my time, I want to thank the chairman and the ranking member for their cooperation. Mr. Chairman, I might add that this is not a heavy burden on the FHWA or U.S. DOT bureaucracy. This information is already collected, processed, and provided for the use of State Departments of Transportation, in a use-friendly format for those users. This amendment simply requires that the same information already being processed be provided to the taxpayers and their representatives. Why ``user-friendly''? Lack of ease of Congressional oversight on this report led to a $5 billion discrepancy between Table 1 and Table 4(e) in this report in fiscal year 2000. Because it is not electronically available as a manipulatable table, any summation that is not presented in the table must be done by hand, which is very difficult. [[Page 6230]] So, Federal Highway and the public would have a better product as a result of this amendment and the improved access to this information would improve the accuracy of the reporting. It is my belief that better reporting will lend much greater confidence to us as lawmakers as we fight to increase future spending through FHWA. Federal funds for public transportation have long operated under much more stringent reporting measures. My amendment is a simple change that would provide our constituents with some information about how their transportation taxes are being invested. They deserve to know if their tax dollars are being invested back into their community, or if the State is spending them elsewhere, and better understand how and where these resources are being invested on their behalf. After all, we are talking about how more than $200 billion in the taxpayers' money will be spent over the next 6 years. By adopting my amendment, this Congress can provide some very basic transparency and accountability with Americans' tax dollars in the Federal surface transportation program. The time has come for FHWA to deliver us and the public a report that is more than a small stack of computer runs that can only be understood by a handful of financial experts at Federal Highway and U.S. DOT. Let me close by simply urging my colleagues to accept this modest improvement to current law. It is one of the small things we can do to provide for more transparency and accountability to this process. Taxpayers pay for this bill, and they deserve to understand more about how their tax dollars are spent on transportation infrastructure. Mr. Chairman, I ask for all of my colleagues to join me in supporting this simple amendment. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore. Is there any Member in opposition to the amendment? If not, the question is on the amendment offered by the gentlewoman from Texas (Ms. Eddie Bernice Johnson). The amendment was agreed to. {time} 1430 The CHAIRMAN pro tempore (Mr. Simpson). It is now in order to consider amendment No. 3 printed in House Report 108-456. Amendment No. 3 Offered by Mr. Flake Mr. FLAKE. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 3 offered by Mr. Flake: At the end of section 1103, add the following: (e) Subtraction of Earmarks From Surface Transportation Program Funding.-- (1) In general.--Section 104(b)(3) of title 23, United States Code, is amended-- (A) in subparagraph (B) by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) and (C)''; and (B) by adding at the end the following: ``(C) Subtraction of earmarks.---- ``(i) In general.--Amounts to be apportioned to a State under subparagraph (A) for each of fiscal years 2004 through 2009 shall be reduced by the aggregate amount made available to the State (and recipients in the State) out of the Highway Trust Fund for that fiscal year for projects described in sections 1702, 3037, and 3038 of the Transportation Equity Act: A Legacy for Users. ``(ii) Effect on minimum guarantee.--In determining a State's percentage return from the Highway Trust Fund (other than the Mass Transit Account) for purposes of section 105 for a fiscal year, the Secretary shall treat amounts subtracted under clause (i) for that fiscal year as amounts apportioned to the State for the surface transportation program for that fiscal year. ``(iii) Reapportionment.--Amounts subtracted from a State for a fiscal year under this subparagraph shall be reapportioned among the States under the formula in subparagraph (A).''. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Arizona (Mr. Flake) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Arizona (Mr. Flake). Mr. FLAKE. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, growing up in a family of 11 kids, 10 brothers and sisters, I learned the economic principle of scarcity pretty early. We always had enough food, meat and potatoes, to go around but there was rarely enough dessert. Every Sunday, no matter how large the family got, we had one half gallon of ice cream to split amongst us. One particular Sunday, as the ice cream was being scooped by one brother, we always had at least two monitors to make sure each portion was equal, I noticed that my brother made the scoops, the monitors were distracted for a minute, and he carefully slid the half gallon that was supposed to be empty under the kitchen sink. I rushed over there and found that he had left about a quarter of the carton full and he was going to retrieve it later. I have discovered that things like that happen all the time around here in Congress, in one area in particular, the highway bill, where, instead of leaving a portion at the bottom not to be distributed equally, it is taken right off the top. The process is called earmarking. It is a process that is getting worse and worse and worse around here. In 1982, there were a total of 10 earmarks in the highway authorization bill. In 1987, President Reagan vetoed the bill because there were 152 earmarks, something he thought was way out of line. Six years later, there were 500 earmarks in the bill; six years later, 1,800; and now we are up to, I think, just north of 3,000 earmarks in the bill and climbing. What that means is that portions are taken off the top and not distributed to the other States, like Arizona, like Georgia, like Florida, like Texas, like California. For years, we have been shorted from what we ought to receive in the formula. Let me just give an example. I should say that this is just in the authorization process. We have not even gotten to appropriations this year. There will likely be hundreds, perhaps more than a thousand more transportation earmarks in the appropriation bill. Last year, for example, in the omnibus bill that was passed in December, there were over 600 earmarks relating to transportation, a total of $1.4 billion. That is $1.4 billion that comes off the top, that is not distributed by formula to the States, one of those States being Arizona. Mr. Chairman, we cannot continue to do business like this. We cannot. My amendment is simple. It simply says that the amount the States received in high-priority programs would be subtracted from their formula totals of the surface transportation program. This prevents the minimum guarantee program from backfilling what comes out. What it does essentially is says that if you want an earmark, that is fine, but that earmark should come out of your own State's formula, not everyone else's. I am not saying at all that nobody ought to get earmarks. A lot of people complain legitimately that some governors or some State officials do not fund what they ought to fund, that they ignore Republican districts, they ignore Democrat districts and do not spread the money equally around. This is not saying that Members cannot get earmarks. All it is saying is that you ought to discuss that among your own delegation from your State and decide, do we want to put money here or there or should we give the State more flexibility to spend money on its priorities. That, in essence, is the amendment. Mr. Chairman, I reserve the balance of my time. The CHAIRMAN pro tempore. Who claims the time in opposition? Mr. OBERSTAR. Mr. Chairman, I rise in opposition to the amendment. The CHAIRMAN pro tempore. The gentleman is recognized for 5 minutes. Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may consume. The thrust of this amendment is to adversely affect States, and Members in States, who put priority on transit projects, bus-related projects by deducting dollar for dollar from their apportionments the funds that Members have decided their State needs, their district needs, that is in the interest of their constituents and deducting that from the core surface transportation program apportionment to the individual State, and then it would redistribute those dollars elsewhere in the country. That is totally contrary to the basic principle of Member high-priority projects. [[Page 6231]] As former Chairman Bud Shuster used to say, Members of Congress are not potted plants. We know our districts. We know what the needs are. Chairman Young has reiterated that principle, that Members understand the needs of their State, and when they are bypassed, when the State DOT does not address the needs in their districts, then we give them an opportunity once every 6 years to do that in the transportation bill, to designate projects according to the needs that Members see best. The pending amendment would undermine that principle, would redistribute dollars, would take money away from some States, give it to others, punish some because they think transit is more important than a highway project in their State, Member projects. In addition to that, a Member that has designated a project for interstate maintenance, for congestion mitigation and air quality improvement, for a bridge project, for a national highway system, will be adversely affected by this amendment. Members that have highway priorities as well will find their project simply thrown to the wind and redistributed around the country. That is not adhering to the principle that we have established. It may be very well intentioned, but its effect is highly adverse, undermines the principle that Members of Congress know their districts, are responding to the needs of their constituents, are recommending investments and, in many cases, giving States flexibility as we do in Minnesota. If they are not ready to move ahead with a project I have designated, they can use that dollar amount for a project elsewhere in the State. Its effect is severely adverse. I will be happy to yield to the gentleman from Alaska. Mr. YOUNG of Alaska. Mr. Chairman, I also rise in opposition. I understand what the gentleman from Arizona is trying to do, and I want to compliment the gentleman. He is one of the few people in this body who did not ask me for any earmarks. I do thank him for that. I understand what he is trying to say. But I have to remind everybody about earmarks in this legislation. It is, in fact, a request from Members, and it is the one time they might have an opportunity to represent their district. That is very true. I have some Members in this body that get no money out of DOT in their district because they are sparsely populated and all the money goes to the large urban areas. This is one time there is a fairness doctrine. Every nickel that is earmarked in this bill goes to a form of transportation. No dollars go outside that for any other purpose, regardless of what you might read. It goes to a form of transportation. I know what the gentleman is trying to do. He is right about what the appropriators have done in the past and will probably continue to do. This is an amendment that has good thought but does not have great merit. Because I do think it, in fact, will impede those States that have had projects of national significance or projects of high priority. They will be penalized from getting those projects accomplished. I thank the gentleman for his presentation. I understand what the gentleman from Arizona is trying to do, but I do believe that the amendment is inappropriate at this time. Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time. Mr. FLAKE. Mr. Chairman, I yield 1 minute to the gentleman from Indiana (Mr. Pence). Mr. PENCE. I thank the gentleman for yielding me this time. Mr. Chairman, with great respect to the chairman and the ranking member of the Committee on Transportation and Infrastructure, I rise in strong support of the Flake fair amendment because it is simply that. It is only fair that we would deduct, as the gentleman from Arizona suggests, the amount that has been earmarked specifically by Members of those States from the formula for distributing assets under the transportation bill rather than excluding them and then allowing the formula to only be placed on those which have not been designated as being of particular national significance. It seems to me the money is spent in those States, it is spent on infrastructure projects that the Members of those States can point to with pride and appreciation because of their significance, but it ought not to work a detriment, as it so distinctly does to States like Indiana, that I have the privilege of serving, States like Arizona and so many States in the Union that have to wait until after the special projects to divide up what is left. I support the Flake fair amendment strongly. Mr. Chairman, I want to commend the gentleman from Arizona for his hard work on this fair and sensible amendment. The Flake amendment would solve inequities in TEA-LU by ensuring that the apportion formula can function as intended. Currently, earmarks secured by each member stand apart from the Minimum Guarantee formula. This drastically changes the actual rate of return, as some states perform far worse in this process, losing hundreds of millions of dollars. Mr. Chairman, this is unacceptable. If we are truly concerned about, and fighting for, equity, why do we not subtract these earmarks from the formula totals in the Surface Transportation Program, thus ensuring equity? Why create an environment in which states must fight one another for extra projects, when instead the formula could be allowed to function as designed? Mr. Chairman, we cannot allow some of our states to experience a reduction in core programs. The great highway infrastructure of each state serves more than just the citizens in that state. In fact, my home state of Indiana is affectionately known as the Crossroads of America for that very reason. Hoosier Highways serve the whole country through interstate commerce, personal and business travel, and military mobility. For this reason, I am in strong support of Mr. Flake's amendment, subtracting the amount of earmarks from state formula totals, and furthering equity between all states. I urge my colleagues to support the Flake amendment. Mr. FLAKE. Mr. Chairman, who has the right to close? The CHAIRMAN pro tempore. The gentleman from Minnesota has the right to close. Mr. FLAKE. Mr. Chairman, I yield myself the balance of my time. I respect the chairman and the ranking member. I would simply say that we are not potted plants here; and as a Member who is not a potted plant, I know when my State is not being dealt with fairly. My State, the State of Florida, the State of Texas, the State of California, many other donor States are not being dealt with fairly. I am not saying that no Member should be able to earmark, and so this notion that Members cannot designate projects is not what I am saying. I am simply saying, if you do, then take that out of your own State's formula. Do not take it from other States. If you have the right to earmark, you should not have the right to earmark funds for Arizona to be spent elsewhere. Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time. I just want to point out to the gentleman from Indiana, whom I greatly respect, that the total for Indiana under TEA LU would be $4.96 billion, a substantial increase of funding over TEA 21. The point again is that we have distributed these dollars according to a percentage of the total funding available under TEA LU to give Members the authority to designate projects to address transportation needs that they see by their best lights from their constituents in their districts and not be bypassed and run over by State DOTs. It has worked in TEA 21, and it is going to work here. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from Arizona (Mr. Flake). The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. Mr. FLAKE. Mr. Chairman, I demand a recorded vote. The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Arizona (Mr. Flake) will be postponed. It is now in order to consider amendment No. 4 printed in House Report 108-456. [[Page 6232]] Amendment No. 4 Offered by Ms. Jackson-Lee of Texas Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment. The Chairman pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 4 offered by Ms. Jackson-Lee of Texas: After section 1105 of the bill, insert the following (and redesignate subsequent sections of the bill, and conform the table of contents of the bill, accordingly): SEC. 1106. FEDERAL SHARE PAYABLE. Section 120(j)(1) of title 23, United States Code, is amended by striking the last sentence and inserting the following: ``If such public, quasi-public, or private agency has built, improved, or maintained such facilities using Federal funds, the credit under this paragraph shall be reduced by a percentage equal to the percentage of the total cost of such activities that was derived from Federal funds. In the preceding sentence, the term `Federal funds' does not include loans of Federal funds or other financial assistance that must be repaid to the Government.''. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentlewoman from Texas (Ms. Jackson-Lee) and a Member opposed each will control 5 minutes. The Chair recognizes the gentlewoman from Texas (Ms. Jackson-Lee). Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I may consume. Let me, first of all, again thank the chairman and ranking member for this opportunity to rebuild America's infrastructure and to create jobs. I again ask the President to join us in that effort, as opposed to utilizing a veto on what is a vital and necessary effort. Might I also say that I support the complete funding, the original funding, that was planned for this legislation. My amendment, Mr. Chairman, will not cost the Federal Government a single dollar. Support for this amendment does not equate to promotion or support for toll roads per se. But what it does is it provides flexibility. I would ask my colleagues to support it. The amendment would simply change the calculation of toll credits by basing them on the proportion of non-Federal investment in toll projects. In addition, it would provide the flexibility necessary for local communities. Support of this amendment does not equate to promotion or support of toll roads, as I indicated. However, the amendment does recognize that State legislatures that have chosen to pursue tolling should be able to have access to toll credits to invest in transportation options such as transit, bicycles, rail and pedestrian infrastructure. I am gratified to say that we have the support of many organizations across the Nation, including Florida and States of that size, including Just Transportation Alliances, a project of Texas Citizen Fund. Mr. Chairman, amendment No. 46 would simply change the calculation of toll credits by basing them on the proportion of non-federal investment in toll projects. Support of this amendment does not equate to promotion or support of toll roads per se. However, the amendment does recognize that State Legislatures that have chosen to pursue tolling should be able to have access to toll credits to invest in transportation options such as transit, bicycles, rail, and pedestrian infrastructure. Toll credits create flexibility in the federal aid program. Similar to the Programmatic Match provisions of STP, they will allow the expenditure of non-federal funds on one project to serve as the match on another project through toll credits. The benefit of having toll credits is to enable a project, highways or transit, to exchange a toll credit for non-federal share of a project's cost. This amendment does not provide any additional money--it simply uses up more of the federal funds in the State's apportionment, but it does provide greater financial flexibility in determining the best possible mix of funding sources for projects. Without this flexibility, State DOT's will have a significantly diminished reservoir of toll credits from which to draw and little choice but to focus on meeting the growing demands for road maintenance. Support of this amendment does not mean that you promote or support toll roads per se. However, support of this amendment does recognize that State Legislatures that have chosen to pursue tolling should be able to have access to toll credits to invest in transportation options, such as transit, bicycles, rail, and pedestrian infrastructure, as well as road maintenance. To reiterate, this amendment does not provide any additional money. It simply provides greater financial flexibility by allowing the use of federal funds in a State's apportionment. Without this flexibility, State DOT's will have a significantly diminished number of toll credits and will likely only focus on the growing demands for road maintenance. My colleagues, if your State does tolling, you will benefit from this amendment. In my State, I have broad support from the Texas Department of Transportation, MPOs, local and State officials, and transit organizations. Mr. Chairman, I would hope that you and Mr. Oberstar would work with me to see what can be developed between now and House floor action to give States that have decided to toll more flexibility with toll credits so that they can invest in all transportation options. I have a constituent who is an independent contractor who hauls U.S. mail from Houston throughout the country. His main route takes him through the east coast, and he complains that the tolls are extremely burdensome. The increased toll prices are a testament of the shift from the States to the drivers--the customers, of the cost to invest in much needed transportation options such as transit enhancement projects, bicycle, rail, and pedestrian infrastructure, as well as road maintenance. This constituent cited that the Delaware Watergap bridge is about \2/ 10\ of a mile in length, yet its tolls mount up to $13.75 each way. The Pennsylvania Turnpike, according to his account, cost him $150.75 in tolls since it has been increased from $98. This illustrates how the consumer, the drivers, are shouldering the burden of the States' need to raise funds that could be easily offset through toll credits. For the reasons stated above, Mr. Chairman, I ask my colleagues to support the Jackson-Lee amendment No. 46 as made in order by the Committee on Rules. Please vote for the consumer. Vote for transit safety. Vote for reasonable toll costs. This is a bipartisan amendment that affects most toll-States. Mr. Chairman, I reserve the balance of my time. The CHAIRMAN pro tempore. Who claims time in opposition to the amendment? Mr. YOUNG of Alaska. Mr. Chairman, I reluctantly rise in opposition to the amendment. The CHAIRMAN pro tempore. The gentleman from Alaska is recognized for 5 minutes. Mr. YOUNG of Alaska. Mr. Chairman, I yield such time as he may consume to the gentleman from Minnesota (Mr. Oberstar). Mr. OBERSTAR. I thank the gentleman for yielding me this time. I respect the gentlewoman's good intention. As we heard on a previous amendment, there was a good intention but an unfortunate result, and there would be a similar unfortunate result here. I have never been supportive of toll roads. Current law allows toll credits only when that toll road has been built without Federal aid. This amendment would extend an already, in my view, unacceptable principle further. It would extend to roads built with Federal assistance the credit that then could be applied to other projects. I just think that that is not a good policy direction. I do not think we ought to be encouraging more toll road developments. It is not going to expand the universe of roads. Toll roads are just kind of a one-time hit. We are establishing in this legislation a national program of continuing existence with the Highway Trust Fund. {time} 1445 The only problem with it is we are not putting enough money into it for the next 6 years, and we will do that after the next year after we get through this election. So we really ought not to be moving in this direction, and I assume the chairman agrees with me on this. Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may consume. I will say that to the gentleman I do think the amendment has some merit; but as the gentleman mentioned, now with the shortage of dollars, et cetera, I would suggest that we continue to work with the gentlewoman as we go through this process and see if we cannot reach a solution to it. And I think that can be achieved. But at this time I would oppose the amendment. [[Page 6233]] Mr. Chairman, I reserve the balance of my time. Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 2 minutes to the distinguished gentleman from Texas (Mr. Burgess). Mr. BURGESS. Mr. Chairman, I thank the gentlewoman from Texas for yielding me this time. Mr. Chairman, I rise today in support of the Jackson-Lee amendment that would simply change the calculation of toll credits by basing them on the proportion of non-Federal investment in toll projects made by respective States. The amendment recognizes that if a State legislature has chosen to pursue tolling, then it should be able to have access to toll credits to invest in another transportation options such as transit, rail, pedestrian or cycle paths. My State's legislature, the Texas State legislature, passed a bill that created a revolution in the way Texas funds transportation projects. I believe that States should be granted more authority to deliver corridors faster, and in exchange we will give them enhanced accountability. Texas is a leader in bringing private enterprise and local control back into the transportation funding equation. I believe this amendment would allow my State to continue that option. The amendment concerning toll credits helps create the needed flexibility in the Federal-aid program. The amendment will allow the expenditure of non-Federal funds as to one project to serve as the local match on another project in the form of toll credits. The benefit of having toll credits is to enable a highway or transit project to exchange a toll credit for the non-Federal share of the project's cost made by that State. The Jackson-Lee amendment will not cost the Federal Government a single dollar. Currently, any highway or transit project that uses even one dollar of Federal funding is ineligible for toll credits even though the greatest majority of the funding may be non- Federal. The Jackson-Lee amendment will apply toll credits only to the non-Federal funding portion of any transit or highway project. Costs of heavy congestion, pollution, and, in fact, safety and the loss of lives are too great in all States. We must do more to respond to our exploding transportation needs. Budgets are getting increasingly tighter. We need to find different ways to get resources necessary to respond to those transportation needs. Mr. Chairman, I believe it is our responsibility to get in the hands of the President a bill that he can sign, and I believe this helps facilitate that process. Mr. YOUNG of Alaska. Mr. Chairman, I reserve the balance of my time. Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 1 minute to the distinguished gentlewoman from Texas (Ms. Eddie Bernice Johnson), a senior member of the Committee on Transportation and Infrastructure. Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I know that this is an amendment that the State of Texas would like to have. I am happy to support my friend from Texas. In fact, I offered the same amendment in committee. The amendment would change the calculation of toll credits by basing them on the proportion of non-Federal investment in toll projects. Support of this amendment does not mean that we promote or support toll roads per se, but supporting this amendment does recognize that State legislators that have chosen to pursue tolling should be able to have access to toll credits to invest in transportation options such as transit, bicycle, rail, and pedestrian infrastructure as well as road maintenance. Toll credits create flexibility in the Federal-aid programs. Similar to the Programmatic Match provisions of the Surface Transportation Program, toll credits allow the expenditure of non-Federal funds on one project to serve as the match on another project. The benefit of having toll credits is to enable either a highway or a transit project to exchange a toll credit for non-Federal share of a project's cost. Mr. Chairman, I include my statement for the Record. Mr. Chairman, I'm happy to support my friend from Texas' amendment. In fact I offered this same amendment in Committee. The amendment would change the calculation of toll credits by basing them on the proportion of non-federal investment in toll projects. Support of this amendment does not mean that you promote or support toll roads per se. But supporting this amendment does recognize that State Legislatures that have chosen to pursue tolling should be able to have access to toll credits to invest in transportation options, such as transit, bicycles, rail, and pedestrian infrastructure, as well as road maintenance. Toll credits create flexibility in the federal aid program. Similar to the Programmatic Match provisions of the Surface Transportation Program, toll credits allow the expenditure of non-federal funds on one project to serve as the match on another project. The benefit of having toll credits is to enable either a highway or transit project to exchange a toll credit for non-federal share of a project's cost. This amendment does not provide any additional money. It simply provides greater financial flexibility by allowing the use of federal funds in a state's apportionment. Without this flexibility, State DOT's will have a significantly diminished number of toll credits and will likely only focus on the growing demands for road maintenance. My fellow members, if your state does tolling, you will benefit from this amendment. In my state, I have broad support from the Texas Department of Transportation, MPOs, local and state officials, and transit organizations. Mr. Chairman, I urge you to support this amendment so that we can give States that have decided to toll more flexibility with toll credits so that they can invest in all transportation options. Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself the balance of my time. Let me thank the gentlewoman from Texas (Ms. Eddie Bernice Johnson) for her leadership on the issue. She offered this in committee. Let me again say to the ranking member and the chairman, this is not a promotion of toll roads. Toll credits are not additional money. They are what is commonly referred to as ``soft match.'' We simply want the flexibility to allow States to be able to use these dollars for bicycle trails, pedestrian walks, rail, other transit projects. We believe this is a real commitment to transportation needs in America. We support this legislation. We ask our colleagues to support us to give wider flexibility to the many States who will benefit from having the option of using toll credits, no more Federal money, more flexibility, and more opportunity to serve the people of the United States of America. Argument: If the toll revenues were actually used for the other projects, states wouldn't have an issue. Response: States may earn toll credits under section 120(j) only when they spend ``toll revenue'' on capital expenditures on toll projects serving interstate traffic, and only in years the state meets a Maintenance of Effort test. The requirement that the ``toll revenues'' be spent on capital expenditures would also seem to address your concerns regarding section 129(a) of title 23. The restrictive provisions of section 129(a) of title 23 are really nothing that wouldn't already be in the Indenture of Trust for the bonds issued to build the toll facility from FHWA's Innovative Finance: ``The credit the state can earn for any Federal fiscal year is determined by the amount of toll revenue used by toll authorities for capital expenditures to build or improve public highway facilities that serve interstate travel. To qualify for the credit, the state's total non-Federal highway and transit transportation capital expenditures must equal or exceed the average of prior years. This is called the maintenance of effort (MOE) calculation. The MOE test is required at the time the credit amount is established. Expenditures for routine maintenance--e.g., snow removal, mowing--debt service, or costs of collecting tolls cannot be included.'' Toll credits create flexibility in the federal aid program. Similar to the Programmatic Match provisions of Surface Transportation Program, it allows the expenditure of non-federal funds on one project to serve as the match on another project through toll credits. The idea is to give states as much flexibility as possible to allow them to address as many transportation needs as possible with the limited financial resources available to them. The traveling public in not overly concerned if the funds spent on a project are federal or state, only that the transportation infrastructure is being improved so they can get where they're [[Page 6234]] going faster and safer. Keep in mind that the federal funds, are in fact paid by citizens of every state and sent to DC and then returned to their states--and in Texas' case, we receive less than what we originally sent. In today's environment there are not many toll road projects that can be financed 100 percent without some form of federal assistance, especially in states without mature toll systems where exess revenue from the established toll roads could be used to expand the system. By not discouraging the use of federal assistance on toll roads, the amendment might actually allow for more projects to be built sooner-- states can finance roads through a mix of toll road bonds and federal assistance, when they would not be financially viable as a 100 percent bond financed project. Then once the toll revenues are expended they can be used as match for federal funds on other projects. We believe the policy of federal/state transportation programs should be to build as many transportation projects as soon as possible to address the mobility issues. The whole idea of required match seems to again ignore the fact that it is the citizens of the states who originally pay the tax and as in the case of Texas only receive a portion back. Average Rate of Return for Texas is 87 cents for each dollar sent in federal gas tax by Texans to the Federal Highway Trust Funds. Texas is one of the largest donor states. what is a toll credit? USDOT allows the States to accumulate credits to be applied to the non-Federal share of certain highway and transit projects. The credits are based on toll revenues used to build, improve, or maintain certain highways, bridges, or tunnels. If a toll road is built and no federal money is involved, then the State D.O.T. can be given credit for the amount of the road to use as a federal match. Toll credits are not additional money. They are what is commonly referred to as a ``soft match.'' The state can utilize toll credits to match federal funds in place of their state match. By using toll credits to substitute for the required non-federal match on a Federal-aid project, federal funding can be effectively increased to 100 percent. State and local funds notmally used for matching may then be directed to other transportation projects. examples North Texas Turnpike Authority builds a $100 million toll road in Dallas with no federal money whatsoever in it. USDOT would give TxDOT $100 million in toll credits. TxDOT can use $100 million as matching funds for other projects. TxDOT wants to build a road at a cost of $100 million. A federal road is usually an 80-20 match. 80 percent of the money is federal; 20 percent is state. Instead of Texas gas tax money being used for the 20 percent match ($20 million), all $100 million comes from the federal government for the road. You now have $80 million left in toll credits ($100 million-$20 million for the new road = $80 million) that you can apply to another project, including transit projects. The toll credits can be used to draw down federal dollars for transit. That is new money in a more real sense of the term because it can help a county (for instance) with its local match. It can actually be leveraged to bring in new non-roadway projects. the problem The project can have no federal money in it. For example, SH 130 will not qualify because federal funds have been used. Texas is embarking on a program to build more toll roads. We believe that a better calculation would be prorated. If the state funded 20 percent of the toll roads' cost, then the state should receive that 20 percent in toll credits. the solution Texas would like to see the current statutory provisions for accumulating and calculating toll credits liberalized to ensure that we are getting the most credit that we can as the state begins developing more toll projects in the next reauthorization bill. The current statutory provisions only give us toll credits for 100% non-federally funded toll projects. The reality is that we will have a mixture of funding sources for our projects, including federal funds in nearly every project we build. We believe that we should be allowed to receive toll credits for the portion of non-federal funds spent on toll projects. For example, if 80% of the toll project cost is non-federal, then we should receive toll credits for 80% of the project cost. Currently, in this example, we would get no toll credits for this investment. legislative language The drafted amendment would modify the method by which toll credits are calculated. The amendment would change the calculation to make the credits based on the proportion of non-federal investment in toll projects. TX DOT thinks that this language will provide additional flexibility in our project financing program. the benefit of having toll credits is to enable a project (highways or transit) to exchange a toll credit for non-federal share of a project's cost. For example, a project usually requiring a 20% non-federal match could instead use toll credits and increase the federal share to 100% of the project cost. While this does not provide additional money (it simply uses up more of the federal funds in the state's apportionment), it does provide greater financial flexibility in determining the best possible mix of funding sources for our projects. The benefits of having toll credits available may be even greater for transit projects, which typically end up with a 50%/50% federal/state match. Mr. YOUNG of Alaska. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore (Mr. Simpson). The question is on the amendment offered by the gentlewoman from Texas (Ms. Jackson-Lee). The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. Ms. JACKSON-LEE of Texas. Mr. Chairman, I demand a recorded vote. The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentlewoman from Texas (Ms. Jackson-Lee) will be postponed. It is now in order to consider amendment No. 5 printed in House Report 108-456. Amendment No. 5 Offered by Mr. Shadegg Mr. SHADEGG. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 5 offered by Mr. Shadegg: At the end of subtitle A of title I, add the following (and conform the table of contents of the bill accordingly): SEC. 1125. 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 particulate matter (in this paragraph referred to as `PM- 2.5 or PM-10')'' ; (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; (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 or PM-10''; and (ii) by striking the period at the end and inserting a semicolon; and (E) 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 as nonattainment under the PM-2.5 or PM-10 standard.''; (2) 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 (viii) of subparagraph (B), shall be further multiplied by a factor of 1.2.''; (3) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (4) by inserting after subparagraph (C) the following: ``(D) Additional adjustment for pm-2.5 or pm-10 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 or PM-10 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.''. [[Page 6235]] The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Arizona (Mr. Shadegg) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Arizona (Mr. Shadegg). Mr. SHADEGG. Mr. Chairman, I yield myself such time as I may consume. I rise in support of this amendment. It is largely a technical amendment. In our Nation we face a serious air quality problem with tiny particles of dust and chemicals. This particulate matter is a health hazard because people breathe it in, and it irritates their lungs and can cause severe respiratory problems, and we have tried to deal with it. There are two types of particulate matter considered by the EPA. One is PM-10, which is a fairly fine particulate matter, and the second is PM-2.5, an extremely fine particulate matter. Both are produced by vehicles driving on both paved and unpaved roads. Current law allows States to obligate funds under the Congestion Management and Air Quality Improvement Act, referred to as CMAQ, to areas which are not in attainment for either, but it does not distinguish between PM-10 and PM-2.5. The other body has passed legislation which would allow funds to be allocated to achieve attainment on PM-2.5. My amendment ensures that States will be able to use these funds to achieve attainment on both, particularly PM-10, and also on PM-2.5, which is the language which the Senate has adopted. This language is absolutely essential because areas which are not in attainment for PM-10 incur significant costs in order to clean up their air and meet the standards for them and to curb emissions, particularly emissions of these pollutants from roads. Measures which States and counties and cities have to take include purchasing specially designed streetsweepers, curbing, paving, and stabilizing the shoulders of paved roads; paving, vegetating, and chemically stabilizing access points on unpaved roads; timing traffic lights; and using reformulated gasoline. Vehicles on both paved and unpaved roads are significant sources of PM-10. And for example, in my State of Arizona in my hometown of Phoenix, PM-10 is estimated to be produced from traffic on both paved and unpaved roads. In addition, my amendment would strengthen the position of the House in going into conference, as the House version of the bill currently does not have any language similar to that in the provision. Mr. Chairman, I reserve the balance of my time. The CHAIRMAN pro tempore. Who claims time in opposition to the amendment? Mr. OBERSTAR. Mr. Chairman, I rise in opposition to the amendment. The CHAIRMAN pro tempore. The gentleman from Minnesota (Mr. Oberstar) is recognized for 5 minutes. Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may consume. I compliment the gentleman on raising a very important issue. I also want to point out to the House that this is a complex aspect of transportation law involving Congestion Mitigation and Air Quality Improvement issues. It involves a very technical aspect of the particulate standards, the air quality standards, for coarse particulate matter or fine particulate matter, those that are 10 or 2.5. In principle, I think I would be in favor of what the gentleman is trying to accomplish, but the language of the wording gives us some trouble yet. And if the gentleman would bear with us through the bill and into conference, I think we can get this matter worked out in a manner that is acceptable to achieve the objective he is seeking. Mr. SHADEGG. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. I yield to the gentleman from Arizona. Mr. SHADEGG. Mr. Chairman, as I understand from discussions with the gentleman's staff, the concern he has is, I guess, two points. One is not with PM-10, which I think the gentleman would agree with me that funds be used under CMAQ to mitigate PM-10 pollution at this point; but as I understand it, the gentleman has some concern with whether or not PM-2.5 can be mitigated with these funds as the Senate is trying to do. Is that correct? Mr. OBERSTAR. Mr. Chairman, that is essentially, broadly stated, the issue. Mr. SHADEGG. Mr. Chairman, will the gentleman continue to yield? Mr. OBERSTAR. I yield to the gentleman from Arizona, with further comment in how that issue would be interpreted and how it would be applied. Mr. SHADEGG. Mr. Chairman, I understand that there is a second concern with an impact on the formula were the language of the current amendment, in fact, adopted. Is that also correct? Mr. OBERSTAR. Mr. Chairman, exactly. The question is, How will the funds be allocated? And I think we need to just understand that better and have it spelled out more clearly so that we understand what is happening and we do not run into something we did not anticipate. Mr. SHADEGG. Mr. Chairman, will the gentleman continue to yield? Mr. OBERSTAR. I yield further to the gentleman from Arizona. Mr. SHADEGG. Mr. Chairman, as I understand the offer that is being made by the ranking member, the gentleman agrees to work in conference to address the importance of being able to fund the cleanup of PM-10 particulate matter and ensure that the law continues to allow CMAQ funds to be used to clean up PM-10 materials. Mr. OBERSTAR. Mr. Chairman, exactly. I think what we would like to do is exchange some language and refine that language and refer to the original CMAQ and look at the distribution tables, allocation of funds; and I think we will be able to find a way to accommodate the gentleman's objective. Mr. SHADEGG. Mr. Chairman, will the gentleman continue to yield? Mr. OBERSTAR. I yield to the gentleman from Arizona. Mr. SHADEGG. Mr. Chairman, with that understanding, and I have always had a good working relationship with the gentleman, if the majority will also commit to work on the PM-10 issue and to work with me to ensure that funds can be used to clean up PM-10, I would be amenable to withdrawing that amendment with the understanding that it will be worked on in conference so that we can ensure CMAQ funds can be used to clean up PM-10 materials, because that is an important issue to my constituents and, quite frankly, to all the States of the West. Mr. PETRI. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. I yield to the gentleman from Wisconsin. Mr. PETRI. Mr. Chairman, I can state for the majority that we will work with the gentleman and with the minority leader on this matter. Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time. Mr. SHADEGG. Mr. Chairman, I yield myself such time as I may consume. With the understanding I have just reached with the ranking member and the spokesman on behalf of the majority, it is my understanding that we will all work together to assure that CMAQ funds can be used to address PM-10 pollutants as they currently can, as they would be then in the future under the legislation. That is extremely important to me and to the States I represent and to the States of the West. Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time. I thank the gentleman for a very dignified discussion and outcome. I think it is in the best interest of good policy, and we will work with the gentleman in the coming weeks as we go forward. Mr. Chairman, I yield back the balance of my time. Mr. SHADEGG. Mr. Chairman, I ask unanimous consent to withdraw my amendment. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from Arizona? There was no objection. The CHAIRMAN pro tempore. The amendment is withdrawn. It is now in order to consider amendment No. 6 printed in House report 108-456. [[Page 6236]] Amendment No. 6 Offered by Mr. Schiff Mr. SCHIFF. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 6 offered by Mr. Schiff: In the matter proposed to be inserted by section 1208 of the bill as section 167(b)(4) of title 23, United States Code, strike ``if the operators of such vehicles pay'' in subparagraph (B) and all that follows through the period at the end of subparagraph (C) and insert the following: if the 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. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from California (Mr. Schiff) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from California (Mr. Schiff). Mr. SCHIFF. Mr. Chairman, I yield myself such time as I may consume. The car pool lane has been a tremendous success at reducing air pollution and alleviating traffic jams since it was introduced 3 decades ago. The idea works because it is a simple trade-off, more choice for more responsibility. We can use this powerful trade-off to encourage more than just car pooling. Hybrid gas electric cars have doubled the gas mileage of standard cars, which means they fight air pollution as surely as car pooling does; and unlike other clean car technologies, they are also now available in meaningful numbers. {time} 1500 This fledgling technology has great potential, but we need to help it get off the ground further. There is a small tax deduction for purchasing a hybrid car, but expanding this deduction would cost money at a time when we are tightening our fiscal belts. Instead, we can use the incentive of the car pool lanes to encourage drivers to purchase hybrid cars without affecting the U.S. Treasury's bottom line. Both the administration and the Senate have recognized the potential of this approach. Their versions of the transportation bill permits State and local jurisdictions to allow hybrids in the car pool lane, even if the driver is alone. For cities with heavy air pollution, this could be an effective tool to coax drivers into cleaner cars. It also takes decisions about this issue out of Washington and puts them in the hands of local communities. My amendment would accomplish the same goal by removing a mandate for a toll requirement. This lets States and local governments decide for themselves whether to allow hybrids in the car pool lane, whether to charge a toll or not. Some say this risks overcrowding the car pool lane, but my amendment requires local governments to monitor the effect of letting in hybrids and impose restrictions, if necessary. Thus, if a toll became necessary, one could be charged. More to the point, hybrid cars are less than \1/2\ of 1 percent of the cars on the road today, and a car pool lane crowded with hybrids is a problem many governments would love to have. Mr. Chairman, I yield 2 minutes to my colleague, the gentleman from California (Mr. Issa), and thank him for his work on this issue. Mr. ISSA. Mr. Chairman, I thank the gentleman for yielding me time. Mr. Chairman, as you perhaps know, H.R. 243, the Hybrid Vehicle Incentive Act, which I authored in the previous Congress and again in this Congress, serves to do a similar incentive program for HOV use by hybrid vehicles. Since it is tied up in the energy bill and since the transportation language was at best vague as to whether or not charges must occur, I thank my colleague for his leadership in seeing that there was an easy remedy to ensure that municipalities and States could charge zero, thus eliminating the requirement to put a toll on these efficient vehicles that are leading the way toward ending or at least reducing our dependence on foreign oil. Mr. SCHIFF. Mr. Chairman, I reserve the balance of my time. The CHAIRMAN pro tempore (Mr. Simpson). Who claims time in opposition to the amendment? Mr. YOUNG of Alaska. Mr. Chairman, I claim the time in opposition. The CHAIRMAN pro tempore. The gentleman from Alaska (Mr. Young) is recognized for 5 minutes. Mr. YOUNG of Alaska. Mr. Chairman, we have reviewed this amendment, and I believe, with consultation, we have agreed to the amendment. Mr. OBERSTAR. Mr. Chairman, will the gentleman yield? Mr. YOUNG of Alaska. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, I thank the chairman for yielding. Mr. Chairman, I want to frame this issue here carefully. The purpose of the HOV lanes is to encourage more people to ride in a car than to continue encouraging single-occupancy vehicle travel. Now, the idea of an exemption for hybrid vehicles was to encourage their development, their production, and that is happening in California, to the great credit of that State. So now we are seeing sort of the hybrid vehicle production take off. But in that process, the principle of HOV lanes seems to be falling behind, with more single-passenger vehicles traveling. So the language of the gentleman's amendment is not perfectly clear. We would be willing to accept language that makes it clear that the State can choose to exempt a hybrid vehicle, not that they are required to exempt. Is that the intent of the gentleman's amendment, that the State will have the choice, not that they are required to exempt from paying a toll on an HOV toll lane? Mr. SCHIFF. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, the intent is to give States the option, not the mandate, to charge a toll. If the States choose, they may allow hybrids; if they chose to allow hybrids under the condition of a toll, they would have that capability as well. We do not want to mandate that. Hopefully, I hope it would not be necessary. If at some point down the road there were so many hybrids on the road that it was creating a clogging of the HOV lanes, States would be able to uninvite them to the HOV lanes or charge a toll. So, yes, that is the intention of the amendment. Mr. OBERSTAR. Mr. Chairman, will the gentleman yield? Mr. SCHIFF. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, I agree with the chairman, we could accept the amendment, with the understanding as we get into conference, this language needs to be tightened up. Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I will agree with that. I think it should be tightened up. It is something that both the author and, of course, the gentleman from California have spoken on; and we will continue working with you to see if we cannot make it adaptable to everybody. Mr. Chairman, I yield back the balance of my time. Mr. SCHIFF. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, as I understand it, the amendment is acceptable, and in conference there will be additional language added to further clarify that the States may charge a toll if they so choose, but are not required. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from California (Mr. Schiff). The amendment was agreed to. The CHAIRMAN pro tempore. It is now in order to consider amendment No. 7 printed in House Report 108-456. [[Page 6237]] Amendment No. 7 Offered by Mr. Vitter Mr. VITTER. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 7 offered by Mr. Vitter: At the end of section 1301(b)(1), add the following: The Interstate Route 49 Corridor shall receive priority consideration under this paragraph. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Louisiana (Mr. Vitter) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Louisiana (Mr. Vitter). Mr. VITTER. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, this is an amendment to officially represent a vitally important corridor, I-49, and specifically recognize it as qualifying under the new National Corridor Infrastructure Improvement program. I think everyone will agree that this is exactly the sort of crucial corridor for economic purposes, military uses, the movement of agricultural products, all sorts of key uses, that this program is about. So the purpose of the amendment would be to formally recognize in the bill, to make sure that it qualifies. There is no specific amount of money associated with I-49 through this amendment, just to ensure that it fully qualifies under that improvement program. Again, I-49 is such a corridor of national significance because of the movement of ag products from the heartland of the country to our ports in the south and across the globe; because of defense and security issues, I-49 links so many of our military bases; because of trade, again, agriculture is perhaps the biggest example of that, but it is an enormous trade corridor into the heartland of the country; because of energy, moving energy from Louisiana and the Gulf of Mexico into the country; and because of safety concerns. That is the reason, that is the purpose behind that amendment. I intend to withdraw the amendment in a few moments after engaging in a short colloquy with the chairman. Mr. Chairman, I reserve the balance of my time. The CHAIRMAN pro tempore. Who claims the time in opposition? Mr. YOUNG of Alaska. Mr. Chairman, I rise in opposition to the amendment. The CHAIRMAN pro tempore. The gentleman from Alaska (Mr. Young) is recognized for 5 minutes. Mr. YOUNG of Alaska. Mr. Chairman, I yield such time as he may consume to the gentleman from Minnesota (Mr. Oberstar). Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding me time. Mr. Chairman, very simply stated, this amendment would bypass the determination of the Secretary to make decisions on corridors and substitute judgment in this body for that of the Secretary looking at a national picture, and that is the wrong way to proceed. We should not do that. Mr. VITTER. Mr. Chairman, I yield such time as he may consume to the gentleman from Louisiana (Mr. John). Mr. JOHN. Mr. Chairman, I thank the gentleman for yielding me time. Mr. Chairman, of course I fully support funding of I-49, which runs right through the Seventh District of Louisiana, right through the heartland of Louisiana. Completion of this very important interstate system from Canada to New Orleans is an incredibly important corridor, from the Midwest of America down to the coast and for the economics of trade, and it is an incredibly important program. I have worked very hard over the last few years to make sure that I- 49 South was given a high priority designation in TEA 21, and also I-49 North, as a high priority corridor. This amendment today I think reinstates the importance of I-49 as a priority for Congress, and I fully support it. However, there is a larger issue at hand. I think we need more funding for this bill to accelerate funding for I-49 and other projects across the Nation. Each Member in this body believes that highways running through their district are a priority, and they are correct. Improved transportation infrastructure means economic development; it means good American jobs. But the only way that we can see these priorities met is to increase the funding for this bill in Congress. The I-49 Congressional Caucus is working with the chairman and the ranking member on a way to complete the funding for this project, and many other projects; and I pledge to create new jobs and expand economic development for the full funding of I-49 and other high- significant and regional priorities. Mr. YOUNG of Alaska. Mr. Chairman, I yield 1 minute to the gentleman from Wisconsin (Mr. Petri). Mr. PETRI. Mr. Chairman, I think the gentleman from Louisiana knows that this Member, at least, has met on a number of occasions both here in Washington and down in New Orleans and other places in Louisiana with groups who are supporting this high-priority project. It is an important project. But there are a lot of important projects in our country. Our committee is trying to come up with the resources to meet a variety of needs. I would urge the gentleman to work with the committee and the process, rather than attempting to single out his particular project in this way, because it is not going to work politically here in the House, given all the other regions and their concerns. But what the gentleman is saying is important. He does have an important project, and we are eager to work with the gentleman to try to come up with the resources necessary to help move it forward. Mr. VITTER. Mr. Chairman, I yield 1 minute to the gentleman from Alaska (Mr. Young), to have a conversation in the form of a colloquy. Mr. YOUNG of Alaska. Mr. Chairman, I would like to offer the gentleman from Louisiana (Mr. Vitter) my support for this route. I have had the privilege of speaking to the gentleman from Louisiana (Mr. McCrery), the gentleman from Louisiana (Mr. Vitter), the gentleman from Louisiana (Mr. John), everybody involved in this area; and my attention as time goes by as we go to the conference, this will be one of the routes that is considered as a high priority, because it is badly needed, not only for the State of Louisiana, but for the other States in proximity too. I would like to say that we had enough money to do everything, but I am not going to say we do. But this is one of the areas that I am very strongly in support of, and I will do everything I can to see that we achieve those goals. Mr. VITTER. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I thank the gentleman very much for that pledge of support, and I look forward to working with the gentleman proactively as the process moves along. Mr. Chairman, I ask unanimous consent to withdraw my amendment. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from Louisiana? There was no objection. The CHAIRMAN pro tempore. It is now in order to consider amendment No. 8 printed in House Report 108-456. Amendment No. 8 Offered by Mr. Graves Mr. GRAVES. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 8 offered by Mr. Graves: At the end of subtitle D of title I, add the following (and conform the table of contents accordingly): SEC. 1408. RENTED OR LEASED MOTOR VEHICLES. (a) In General.--Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30106. Rented or leased motor vehicle safety and responsibility ``(a) In General.--Provided that there is no negligence or criminal wrongdoing on the part of the owner of a motor vehicle, no such owner engaged in the trade or business of renting or leasing motor vehicles may be held liable under State law for harm caused by a person to himself or herself, another person, or to property, which results or arises from that person's use, operation, or [[Page 6238]] possession of a rented or leased motor vehicle, by reason of being the owner of such motor vehicle. ``(b) Construction.--Subsection (a) shall not apply if such owner does not maintain the required limits of financial responsibility for such vehicle, as required by State law in the State in which the vehicle is registered. ``(c) Applicability and Effective Date.--Notwithstanding any other provision of law, this section shall apply with respect to any action commenced on or after the date of enactment of this section without regard to whether the harm that is the subject of the action or the conduct that caused the harm occurred before such date of enactment. ``(d) Definitions.--In this section, the following definitions apply: ``(1) Motor vehicle.--The term `motor vehicle' shall have the meaning given the term under section 13102(14) of this title. ``(2) Owner.--The term `owner' means a person who is-- ``(A) a record or beneficial owner, lessor, or lessee of a motor vehicle; ``(B) entitled to the use and possession of a motor vehicle subject to a security interest in another person; or ``(C) a lessor, lessee, or bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession of such motor vehicle, under a lease, bailment, or otherwise. ``(3) Person.--The term `person' means any individual, corporation, company, limited liability company, trust, association, firm, partnership, society, joint stock company, or any other entity. ``(4) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, commonwealth, territory, or possession.''. (b) Clerical Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 30105 the following: ``30106. Rented or leased motor vehicle safety and responsibility.''. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Missouri (Mr. Graves) and a Member opposed each will be recognized for 5 minutes. The Chair recognizes the gentleman from Missouri (Mr. Graves). Mr. GRAVES. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I am here today to correct an inequity as I see it in the car and truck renting and leasing industry. By reforming vicarious liability to establish a national standard that all but a small handful of States already follow, we will restore fair competition to the car and truck renting and leasing industry and lower costs and increase choices for all consumers. Currently, a small number of States impose vicarious liability, or liability without fault, on companies simply because they own a vehicle involved in an accident. Whether or not the vehicle is at fault is irrelevant. These vicarious liability lawsuits cost consumers nationwide over $100 million annually. These laws apply to where the accident occurs. It does not matter where the car or truck was rented or leased. Since companies cannot prevent their vehicles from being driven to a vicarious liability State, they cannot prevent their exposure from these laws and then raise their rates accordingly. These higher costs have driven many small companies out of business, reducing the consumer choice and competition that keeps costs down. While this amendment seeks to level the playing field, I want to emphasize that the provisioning will not allow car and truck renting and leasing companies to escape liability if they are at fault. Accident victims will continue to be compensated according to individual State law. Mr. Chairman, I reserve the balance of my time. The CHAIRMAN pro tempore. Who claims time in opposition to the amendment? Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition to the amendment. The CHAIRMAN pro tempore. The gentleman from Minnesota (Mr. Oberstar) is recognized for 5 minutes. Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, the gentleman from Missouri has been quite persistent and thoughtful in his pursuit of this amendment and very genuine, and I think one of the adversely affected companies is located in the State of Missouri and has expressed their concerns about the effects of current law. {time} 1515 The gentleman has sought a way to provide some relief. I rise in very strong opposition to the language, with great respect for the gentleman, a member of our committee. It would supersede State law in 15 States that have already adopted laws to apply vicarious liability to car rental companies. The reason they have done so is that if a car rental company rents to a person who has no insurance, the rental company is the one that is best suited to assume the responsibility. They have done this action in their judgment in the best interest of the consumer. Now, we have not had hearings in depth that would explore all aspects of this issue. It is a very complex issue of State law, and it varies from one part of the country to another. But States, as far as we can ascertain, that have adopted such a policy have concluded that, without it, harm to innocent children, to bystanders would go totally uncompensated, even if the rental car company had leased, say, to an obvious drug abuser or someone with a very bad driving record. States, including mine of Minnesota, have reached an independent policy determination on this matter. I do not think Congress should weigh in to supersede the State judgment on this matter. Mr. Chairman, I reserve the balance of my time. Mr. GRAVES. Mr. Chairman, I yield 1 minute to the gentleman from Virginia (Mr. Boucher), the amendment cosponsor. Mr. BOUCHER. Mr. Chairman, I thank the gentleman for yielding me this time, and today I rise to join with him in support of a common sense reform that will eliminate antiquated vicarious liability statutes, benefit consumers, and protect the victims of accidents. Vicarious liability laws for rental cars in a handful of States drive up costs for consumers nationwide by an average of $100 million annually. These laws prevent unlimited damages against companies that rent or lease vehicles solely because they own a vehicle that is involved in an accident, not because they have done anything wrong. These companies are not negligent, not at fault, and could do nothing to have prevented the accident. Consumers pay $100 million annually resulting from these unfair laws because companies must build the costs of arbitrary damage awards into their rental and lease rates. Regardless of where a car or truck rental company is headquartered or where the vehicle is rented or leased, the company is subject to vicarious liability, even if its vehicle is driven to a vicarious liability State and is involved in an accident. Therefore, the laws of a mere handful of States drive up rental rates nationwide for all rental consumers. I urge approval of this common sense reform. Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from New York (Mr. Nadler). Mr. NADLER. Mr. Chairman, my own State of New York is one of the most active car rental markets in the country. We also have a huge number of uninsured drivers who rent cars because, in New York City, a lot of people do not own cars. New York has forbidden car rental companies to ask their customers if they own automobile insurance in order to allow the largest number of people access to rent the cars. Since New York has made the policy decision to mandate car rental companies to rent to uninsured drivers, New York needs vicarious liability to protect innocent bystanders who are injured by these uninsured drivers. Why should not New York and other States have the ability to make that policy determination? Why should we arrogate to ourselves to tell the 15 States that have chosen to have vicarious liability but not to limit car rentals to only people who can prove that they have their own personal insurance, that is the trade-off; why should we [[Page 6239]] tell them that is the wrong policy decision? That should be left to the States. There is nothing wrong with a State deciding that it is in the interests of the people of that State for uninsured drivers, who may be uninsured because they do not own their own cars, to be able to rent cars, but to be able to say to the car rental companies, you must take vicarious liability so that you do not shift the burden of paying for an accident to the pedestrian or the hospital or the taxpayers. This is a perfectly reasonable thing to do. Fifteen States have chosen to do it. To pass this amendment is to say that we are going to obviate the policy choices that those States have made and shift the burden on to innocent victims of accidents in those States. We should not do it. Let the States decide this question, as they have. Mr. Chairman, I urge opposition to this amendment. Mr. GRAVES. Mr. Chairman, I yield myself such time as I may consume. The amendment requires that vehicles be covered, still be covered by the State-established minimum insurance levels for vicarious liability. The bottom line is, if we limit vicarious liabilities, they are still going to be covered by the minimum standard. There is never going to be an instance where the vehicle goes out there and is not insured. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. How much time is remaining on both sides, Mr. Chairman? The CHAIRMAN pro tempore (Mr. Simpson). The gentleman from Minnesota (Mr. Oberstar) has 1 minute remaining; the gentleman from Missouri (Mr. Graves) has 2 minutes remaining. Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time. Mr. GRAVES. Mr. Chairman, I yield myself such time as I may consume. I had several and, unfortunately, due to the speed in which amendments were moving this morning, we are not going to get to all of them. We have the House majority whip, the gentleman from Missouri (Mr. Blunt) who wanted to speak on this, and also the gentleman from Georgia (Mr. Burns). Mr. Chairman, this amendment I think makes sense. It is a consumer amendment. It is going to save consumers $100 million annually. The fact that a company can be liable simply because they own the vehicle even though they were not involved I think is ridiculous. The bottom line is that this is still going to require that vehicles be covered by the State-established minimum levels for insurance. There is never going to be a situation where a vehicle goes out there or someone goes out there that there is not a lease to State minimum standard. That is still going to be in place. What this simply says, there is unlimited liability in this situation where we have a vicarious liability law in a State. We are trying to put together some sort of a national standard. I think it makes sense. I think it is good for the consumer, and it is going to make a big difference. Mr. Chairman, I yield back the balance of my time. Mr. OBERSTAR. Mr. Chairman, I yield 30 seconds to the gentleman from Virginia (Mr. Scott). Mr. SCOTT of Virginia. Mr. Chairman, I just think this is an unfortunate situation to have 5 minutes to debate this important issue. The question is, who will take the risk? If the rental car agency is not going to provide the insurance for the drivers, who will? Are they responsible or required to have insurance? Will the victims of negligence have to pay their own bills? This is just unfortunate. We have 50 different States, 50 different laws. They have all dealt with this situation individually. It is unconscionable to try to decide this in a 5-minute debate. I hope we defeat the amendment. Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may consume. If I allow another person to use my car and that person has an accident, I am liable. Why should rental car companies be different? If States choose to make them liable under these circumstances, as our State of Minnesota does, then why should the Congress substitute a different judgment for that of the States? Without extensive hearings, without a deep inquiry into this subject matter, this is an inappropriate time, inappropriate amendment, inappropriate place to do it, and the amendment preferably should be withdrawn and we could work on it, perhaps through conference, otherwise defeated. Mr. CONYERS. Mr. Chairman, I submit the following letter for the Record. National Conference of State Legislatures, Washington, DC, April 1, 2004. Hon. Dennis Hastert, Speaker, House of Representatives, Washington, DC. Hon. Nancy Pelosi, Minority Leader, House of Representatives, Washington, DC. Subject: Amendment 8 to H.R. 3550. Dear Speaker Hastert and Representative Pelosi: On behalf of the National Conference of State Legislatures, I am writing to express strong, bipartisan opposition to the passage of Amendment Number 8 to H.R. 3550, ``The Transportation Equity Act: A Legacy For Users.'' This amendment is a blatant attempt by the U.S. Congress to preempt existing state laws regarding vicarious liability for rental car owners. This amendment has been introduced without the benefit of a hearing or debate on how this amendment would impact existing state laws. Tort reform and liability are areas of law that have been traditionally regulated by the states. NCSL supports state efforts to reform or not to reform their own vicarious liability statutes. Perhaps even more egregious is the fact that this federal effort to preempt state laws has been orchestrated without the benefit of input from the states. At the very least, Congress should have held a hearing and discussion of this very important issue. If you need any additional information, please contact NCSL Senior Committee Director for the Law and Criminal Justice Committee Susan Parnas Frederick at (202) 624-3566 ([email protected]). Respectfully, Denton Darrington, Idaho State Senate, Chair NCSL Standing Committee on Law & Criminal Justice. The CHAIRMAN pro tempore. All time has expired. The question is on the amendment offered by the gentleman from Missouri (Mr. Graves). The amendment was rejected. The CHAIRMAN pro tempore. It is now in order to consider Amendment No. 9 printed in House report 108-456. Amendment No. 9 Offered by Mr. Chocola Mr. CHOCOLA. Mr. Chairman, I offer an amendment. The Chairman pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 9 offered by Mr. Chocola: At the end of title I, insert the following (and conform the table of contents accordingly): SEC. 1819. ENGINE IDLING IN HEAVY-DUTY VEHICLES. (a) Verification.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall verify those idling reduction technologies with the potential for fuel savings and emissions reductions and publish a list of such technologies in the Federal Register. (b) Vehicle Weight Exemption.--Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(i) Vehicle Weight Exemption Relating to Engine Idling in Heavy-Duty Vehicles.-- ``(1) In general.--In order to promote reduction of fuel use and emissions due to engine idling, the maximum gross vehicle weight limit and the axle weight limit under subsection (a) for any motor vehicle equipped with an idling reduction technology verified by the Environmental Protection Agency shall be increased by the Secretary of Transportation by an amount necessary to compensate for the additional weight of the idling reduction system, except that the weight increase shall be no greater than 400 pounds. ``(2) Definitions.--In this subsection, the following definitions apply: ``(A) Idling reduction technology.--The term `idling reduction technology' means a device or system of devices utilized to reduce long-duration idling of a vehicle. ``(B) Heavy-duty vehicle.--The term `heavy-duty vehicle' means a vehicle that has a gross vehicle weight rating greater than 8,500 pounds and is powered by a diesel engine. ``(C) Long-duration idling.--The term `long-duration idling' means the operation of a main drive engine, for a period greater than 15 consecutive minutes, where the main drive engine is not engaged in gear. Such [[Page 6240]] term does not apply to routine stoppages associated with traffic movement or congestion.''. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Indiana (Mr. Chocola) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Indiana (Mr. Chocola). Mr. CHOCOLA. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, my amendment is simple, straightforward, and based on common sense. I think we have all driven down the highway and have seen trucks parked at night at rest areas and truck stops and we have seen that they are idling or running. The reason that they are doing that is because the drivers inside require electric power to run their heat or cooling or microwave or whatever other electronics they may have in their cab. The problem with the trucks idling or running all night is that they use fuel and they emit pollutions into the environment. So my amendment simply would allow a 400-pound exemption to encourage trucks to utilize on-board independent power systems. According to studies by the EPA and others, long-haul trucks, they idle up to 8 hours per day over 300 days per year. They consume about .8 gallons of diesel fuel each hour that they idle, and that adds up to over 1,900 gallons per year, and they emit 19 metric tons of carbon dioxide into the atmosphere while they are idling. So by reducing the unnecessary truck idling, we can save fuel, we can reduce greenhouse gases, we can cut air pollution, and we can save money. For the past 6 years, the companies in the country that have worked on these independent, on-board power systems, they have worked with the EPA and they have worked with the Department of Transportation to come up with systems that provide the power necessary to run the heating, air-conditioning, and other electronic needs. The tests that they have run on these systems have yielded a 65.5 percent reduction in the idle time of trucks that use them and a 59.6 percent reduction in fuel consumption. According to the EPA, we would reduce greenhouse gases, we would reduce nitrogen oxides, we would reduce particulate matter emissions, and save nearly $3,000 a year in fuel costs and lower engine maintenance costs as well. I think my home State of Indiana is a great example. Indiana alone has 17,000 truck parking spaces; and if you drive down the highway at night, every one of them is filled. So, Mr. Chairman, I believe that by offering this exemption we can encourage the use of this technology, resulting in reduced truck emissions, reduced fuel consumption. It would be very beneficial to the United States, and I think that everyone can agree that this is a very beneficial amendment. The amendment is supported by the American Lung Association, the American Trucking Association, the National Association of Truck Stop Operators, and the EPA, and Schneider International, the Nation's largest trucking fleet. Mr. Chairman, the bottom line is we are asking for a one-half of 1 percent weight exemption to implement a very common-sense solution that helps our environment, helps our energy needs, and certainly I think we should pass this amendment. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition, and I yield myself such time as I may consume. Mr. Chairman, again, this is like, as so often we will see on these amendments on the floor, an amendment that is well intentioned but has adverse consequences. I support the environmental benefits that can be achieved with clean air technologies. In the manager's amendment, the chairman and I have worked on it and our staff have worked on congestion mitigation, air quality improvement, and surface transportation program funds, the largest of the core programs, to assure that these funds may be used to support stand-alone truck electrification technologies, because we saw in testimony in hearings that there are such technologies that are very, very low-weight, with high benefits. This issue came up in the House-Senate Energy Conference, and I addressed this issue in the Conference and raised objections. Mr. Chairman, 400 pounds may seem insignificant, but it will have serious consequences on safety of our driving public and on the roads. Bigger trucks, more road damage. If all trucks had that extra 400 pounds, $600 million a year in extra road damage. Over the life of this bill, that will add up to over $3.5 billion in road damage. The point is, why are we picking, or why pick 400 pounds? There is a wide range of technologies that have far less weight that have very significant improvements that show idling reduction technologies do, in fact, pay for themselves and reduce costs in less than 2 years. There are other technologies that will provide the same clean air benefits as the one addressed in this amendment. {time} 1530 So I think rather than just pick out one particular technology, one that weighs 400 pounds or less, whatever, this is not the right way to approach the issue. Mr. Chairman, I reserve the balance of my time. Mr. CHOCOLA. Mr. Chairman, I yield myself such time as I may consume. This is a very commonsense approach to a real problem that we have in our Nation's highways and Nation's environment; 400 pounds is one-half of 1 percent weight exemption on an 80,000 pound rig. So adding 400 pounds is a relatively lightweight solution. So I think it is very much based on common sense. It is a simple approach to a real need we have. It is a specific solution that I think that we can implement today by passing this amendment that will not only help our environment; it will help our Nation's reliance on foreign energy. Over $3,000 a year, as the price of fuel goes up and savings goes up, that will be beneficial to every single American. I do not think when you take the risk-reward analysis that the risk is too great when we add \1/2\ of 1 percent to an 80,000 pound rig, as compared to the reward that really every American is going to benefit. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I yield such time as he may consume to the gentleman from Alaska (Mr. Young), the chairman of the committee. Mr. YOUNG of Alaska. Mr. Chairman, I deeply respect my good friend that has offered this amendment, but I have a couple questions. One, I have had the privilege of visiting a private company; it has developed a truck stop process whereby the trucks do have the same thing my colleague wants. What I understand his amendment does is he wants to raise the weight of the truck 400 pounds of added equipment to the truck so they do not have to stop at a truck stop. Is that correct? Mr. CHOCOLA. Mr. Chairman, will the gentleman yield? Mr. YOUNG of Alaska. I yield to the gentleman from Indiana. Mr. CHOCOLA. Mr. Chairman, that is correct. Mr. YOUNG of Alaska. Mr. Chairman, well, I am just concerned about that because this company called Idle Air, it has done an outstanding job, and they are trying to do the job right without any government money or support. And they are doing exactly what my colleague wants to do, but the truck does have to go and they have their waiting time that they have to rest, refuel their trucks, et cetera. And it seems to me if we add this extra 400 pounds for additional equipment, it would be detrimental to that individual company. That concerns me somewhat. I am sort of taking sides on that issue is what I am saying. With your proposal, would that hurt the company? Mr. OBERSTAR. Mr. Chairman, I yield such time as he may consume to the gentleman from Indiana (Mr. Chocola). [[Page 6241]] Mr. CHOCOLA. Mr. Chairman, this solution gives all options available. Certainly the Idle Air technology is still very valid. It is very beneficial. And trucks that travel routes where Idle Air technology is available, they certainly can avail themselves of that. But the technology that I am promoting is portable. It can be installed on any truck in the Nation. So it makes the benefits of the Idle Air technology available nationwide. And so by adding this exemption, every truck has the opportunity to enjoy the reduced idling benefits even if the Idle Air technology is not available in their region. Mr. OBERSTAR. Mr. Chairman, I yield such time as he may consume to the gentleman from Alaska (Mr. Young). Mr. YOUNG of Alaska. Mr. Chairman, we do have some problems with weight limitation on these trucks. Four hundred pounds does not sound like much; but if you add all the trucks up, we do not know the ramifications of the weight factor on the roads. And I really think the gentleman is on the right track, but I think we have to consider what that would do if, in fact, we raise that limitation to 400 pounds, do we raise the limitation on other aspects of the trucks such as a new engine which adds 3,000 pounds to the truck. We have not done that yet. So I think we need to look at the total wear and tear on the road. Mr. CHOCOLA. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I do think it is a commonsense approach to a problem that we have. There are different ways to approach this problem that have benefits. But the one I am suggesting makes available to every truck on the Nation's highways the opportunity to incorporate reduced idling technology anywhere in the country in that they can have the opportunity to shut their engine off at night, quit polluting our air, quit using fuel unnecessarily. And I think everyone will benefit from that. We can continue to look for new solutions, but this is something we can do today to help our trucking industry, help our economy, create jobs, and help our environment all at the same time. Mr. Chairman, I yield back the balance of my time. Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, very simply, trucks come to a truck stop. They want to use this 400-pound technology to run their Air King unit. There is better technology, does not have the weight, they can plug it in and not put that added weight on the roadway. We should not accept this amendment. The CHAIRMAN pro tempore (Mr. Simpson). The question is on the amendment offered by the gentleman from Indiana (Mr. Chocola). The question was taken; and the Chairman pro tempore announced that the noes appeared to have it. Mr. CHOCOLA. Mr. Chairman, I demand a recorded vote. The CHAIRMAN (pro tempore). Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Indiana (Mr. Chocola) will be postponed. It is now in order to consider amendment No. 10 printed in House Report 108-456. Amendment No. 10 Offered by Mr. Baird Mr. BAIRD. Mr. Chairman, I offer an amendment. The Chairman pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 10 offered by Mr. Baird: Title I, at the end of subtitle H add the following: SEC. 1819. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Buy America test required by Public Law 97-424 needs to be applied to an entire bridge project and not only to component parts of such project; (2) the law clearly states that domestic materials must be used in Federal highway projects unless there is a finding that the inclusion of domestic materials will increase the cost of the overall project by more than 25 percent; (3) uncertainty regarding how to apply Buy America laws for major bridge projects threatens the domestic bridge industry; (4) the Nation's unemployment rate continues to hover around 5.6 percent, steps are needed to protect American workers and the domestic bridge building industry; and (5) the Buy America Act was designed to ensure that, when taxpayer money is spent on direct Federal Government procurement and infrastructure projects, these expenditures stimulate United States production and job creation. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Washington (Mr. Baird) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Washington (Mr. Baird). Mr. BAIRD. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I support the underlying transportation bill that will put America back to work, relieve congestion on our roadways, and streamline the permitting process. I appreciate the opportunity to speak on behalf of my amendment that will strengthen the Buy America Act. The Nation's unemployment rate continues to hover around 5.6 percent. In a district such as mine, that number is considerably higher. As we all know, the intent of the Buy America law was to ensure that when taxpayer money is spent on direct Federal Government procurement and infrastructure projects, those expenditures will stimulate U.S. production and U.S. job creation. My sense of the Congress resolution is intended to reinforce that commitment. This resolution does not cost the Federal Government any money, but it will help the working men and women in my district and others around this Nation keep their steel jobs and earn a decent living. My resolution will also strengthen our domestic steel industry, which is critical to our national security and ultimately to the future economic success of our country. Simply put, highway project managers have identified a way to circumvent the Buy America law as it applies to bridge projects that use Federal funds. My resolution is needed to clarify that law and close the loophole before it completely subverts the intent of Congress when the original Buy America provisions were enacted as part of the highway bill more than 20 years ago. The original Buy America provision provided that domestic iron and steel would be used in Federal transportation projects unless its use increased the overall project contract by more than 25 percent. The problem that is emerging in the highway bridge industry is that project managers have begun to attempt to circumvent the Buy America Act by breaking bridge projects into component parts and applying the 25 percent test individually rather than to the entire project as required under law. As it turns out, by breaking the project into smaller components, foreign steel providers are advantaged because it is possible to create situations where the 25 percent test is exceeded on smaller components, even though the test, if it were applied to the overall project, would be required. The steel bridge fabricating industry increasingly is being forced to fight this misinterpretation of the law which, left unchallenged, could devastate the steel bridge industry. Most recently, on the Wilson Bridge project between Maryland and Virginia, the bridge industry argued successfully that the original bid process developed by the Maryland Department of Transportation, which initially called for dividing the project into smaller component projects, violated the Buy America Act. Maryland revised its procedures and now domestic mills and fabricators are building that bridge. Congress needs to deliver a clear message to the Federal Highway Administration and to bridge managers across the country that Buy America provisions apply to the overall bridge project and we must, end any confusion or misinterpretation of the law. Mr. Chairman, I urge my colleagues to support this important resolution. Mr. Chairman, I reserve the balance of my time. Mr. YOUNG of Alaska. Mr. Chairman, I rise in opposition to the amendment. The CHAIRMAN pro tempore. The gentleman from Alaska is recognized for 5 minutes. [[Page 6242]] Mr. YOUNG of Alaska. Mr. Chairman, I yield such time as he may consume to the gentleman from Minnesota (Mr. Oberstar). Mr. OBERSTAR. Mr. Chairman, I thank the chairman for yielding me this time. I appreciate the intent of the gentleman from Washington (Mr. Baird). It is a sense of Congress amendment to clarify that the Buy America Act applies to overall projects and not just to component parts. It is in keeping with the purpose, the thrust of our intent to keep more jobs in America, not let them go overseas, keep products that go into our highway and bridge program built in America, not built overseas. And I can speak from personal experience. In the harbor between Duluth and Lake Superior, when a new bridge was being built 22 years ago and the bridge had been bid and the State of Wisconsin was the one responsible for building that bridge, they allowed $1 million of Japanese steel to go into the center arch span. That is when I sprang to the defense of American steel and got the amendment that has now been in law for all these years that we have American steel in U.S. Federal-aid highway programs. So I am in accord with the purpose of the gentleman. Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may consume. I am going to ask for a voice vote, and I really am not in opposition to it; but I do not have anybody else speaking on this amendment. Mr. Chairman, I yield back my time. Mr. BAIRD. Mr. Chairman, I yield myself such time as I may consume. I thank my distinguished chairman and ranking member for their prior leadership on this and their continuing and steadfast support of Buy America provisions. This is not only a jobs issue, this is not only a safety issue, it is a homeland security issue. We must maintain a vibrant and strong domestic steel fabrication industry. We must not allow entities to circumvent the intent of the Buy America provision. This resolution helps the sense of the Congress clarify that intent, and I urge its passage. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from Washington (Mr. Baird). The amendment was agreed to. It is now in order to consider amendment No. 11 printed in House Report 108-456. Amendment No. 11 Offered by Mr. Holt Mr. HOLT. Mr. Chairman, I offer an amendment. The Chairman pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 11 offered by Mr. Holt: At the end of title I, insert the following (and conform the table of contents accordingly): SEC. 1819. NEW JERSEY REGULATIONS. Nothing in Federal law or regulation shall be construed as preventing the State of New Jersey from prohibiting large single trucks or twin-trailer combinations from using highways on the Interstate System, the New Jersey Turnpike, and the Atlantic City Expressway in the State of New Jersey, unless such trucks or combinations are traveling to a terminal or making pickups or deliveries on other roads in the State of New Jersey. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from New Jersey (Mr. Holt) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from New Jersey (Mr. Holt). Modification to Amendment No. 11 Offered by Mr. Holt Mr. HOLT. Mr. Chairman, I ask unanimous consent to modify my amendment at the desk with an amendment. The CHAIRMAN pro tempore. The Clerk will report the modification. The Clerk read as follows: Modification offered by Mr. Holt to amendment No. 11: (1) On line 4 of the amendment, strike ``large single trucks or twin-trailer combinations'' and insert ``trucks that are specifically allowed by Federal law to travel on the national network''. (2) On line 5 of the amendment, strike ``Interstate System'' and insert ``national network''. The CHAIRMAN pro tempore. Is there objection to the modification of the amendment? Mr. OBERSTAR. Mr. Chairman, reserving the right to object, under my reservation may I inquire of our Chair whether the majority has seen the language. Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. I yield to the gentleman from Alaska. Mr. YOUNG of Alaska. Mr. Chairman, we have not seen the language yet as far as the amendment. It is my indication I do not think we are going to object, but I would like to be able to read the language first. I do not think we have any objections to it. Mr. PETRI. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. Further reserving the right to object, I yield to the gentleman from Wisconsin. Mr. PETRI. Mr. Chairman, it is my understanding that the gentleman did misdraft the original amendment. We are still going to oppose the amendment as redrafted on the merits, but extend him the courtesy of correcting his drafting error. Mr. OBERSTAR. Mr. Chairman, I withdraw my reservation of objection. The CHAIRMAN pro tempore. Is there objection to the modification offered by the gentleman from New Jersey (Mr. Holt)? There was no objection. The CHAIRMAN pro tempore. The amendment is modified. The gentleman from New Jersey (Mr. Holt) is recognized for 5 minutes. Mr. HOLT. Mr. Chairman, I yield myself such time as I may consume. I appreciate the courtesy so we can at least consider the perfected form of this amendment. The need for my amendment is precipitated by a recent court decision that would lift a ban that has been in effect in the State of New Jersey since 1999 that restricts the roads on which the very wide 102- inch or wider trucks travel. And this amendment would uphold current restrictions and current policy, maintain current policy and, thus, by extension, affirm the right of States to regulate the super-sized trucks on roads that are not part of the national network. In 1999 the then Secretary of Transportation and his associate at the Federal Highway Administration, the administrator, in writing and in person with Members of Congress and concerned State and local officials, categorically affirmed that, quote, ``nothing in Federal law or regulation would prevent New Jersey from banning large single or twin-trailer combinations from the subject routes unless they were traveling to a terminal or making pick ups or deliveries on these routes.'' And with that clarification, the State of New Jersey, the former Governor, Governor Whitman, subsequently adopted new limitations on what roads large trucks may and may not use. {time} 1545 Now, undoubtedly, supersized trucks mean growing safety risks for highway drivers and pedestrians on narrow roads. According to the U.S. Department of Transportation, an estimated 5,000 Americans die each year in accidents involving large trucks, and an additional 130,000 drivers and passengers are injured. New Jersey has a proportionate number of deaths and injuries. This amendment is not anti-truck. Of course we need trucks for our commerce. The amendment simply ensures that a State can see to it that the trucks travel on roads that are capable of handling that traffic safely. The resulting costs from trucks must be borne by State and local taxpayers; and at a time when there already exists a huge backlog of highway and bridge maintenance projects and many States are facing their worse budget crises since before the Second World War, we must take that into consideration. States are really in the best position to make the determination of how the roads within those States should be [[Page 6243]] used. New Jersey did that 5 years ago with the authorization of the U.S. Department of Transportation. That limitation that New Jersey placed on these trucks 5 years ago has worked very well. It has resulted in, we believe, a reduction of accidents and better safety record and a better record of wear and tear on the small, generally two-lane, roads. So my amendment simply maintains current practice. It does not make sense to enable large trucks to make a bad situation worse, to compel cash-strapped States, counties and municipalities to spend more of their limited resources on bridge and road repairs that are damaged by the supersized trucks. My amendment would address that. Mr. Chairman, I reserve the balance of my time. Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may consume. I will say, though, I am usually in favor of what occurs by State action, but what this amendment does, it allows the State of New Jersey to limit large trucks and twin-trailer combination trucks to the interstate system, not intrastate, the New Jersey Turnpike and the Atlantic City Expressway, except when making local deliveries. It is amazing when you need your donors you allow a twin-trailer truck to arrive at the door but nobody else. In 1999, the New Jersey DOT actually allowed New Jersey to ban, that is DOT of New Jersey, large trucks from certain roads. However, that was challenged in court by the trucking industry; and if I am correct, just recently, last week of this year, the U.S. District Court from New Jersey ruled that the New Jersey truck highway access regulatory system discriminated against interstate commerce and violated the commerce clause of the U.S. Constitution. This amendment would reverse that decision; and, again, I would suggest that New Jersey use all the recourse through the law. Because to take now a case that has been won by one side of the argument in the court and now us, as a Congress, to reverse that---- Mr. HOLT. Mr. Chairman, will the gentleman yield? Mr. YOUNG of Alaska. I yield to the gentleman from New Jersey. Mr. HOLT. Mr. Chairman, the purpose of the amendment, in fact, is to maintain current law and current policy, to make sure that this new law, should it take effect, would not change anything. New Jersey will continue and has declared its intention of arguing this in court; and we, the State of New Jersey, expect to win in court. We just do not want to change the policy with this new legislation. So this was not to side-step the courts but, rather, to keep the law the same. Mr. YOUNG of Alaska. Mr. Chairman, reclaiming my time, but the industry or the plaintiff that filed the suit is now being precluded from going forth. If my colleague wants to do that, have the court or New Jersey file an injunction against the court's decision. Do not ask us to undo what a court has ruled. Mr. HOLT. Mr. Chairman, if the gentleman will continue to yield, this would not preclude the truckers from continuing their suit or the State. Mr. YOUNG of Alaska. Reclaiming my time, they can continue their suit, but they are not the ones now that have to pursue the suit. They are the ones that won the case, and they can drive their trucks on interstate commerce because of the clause in the interstate commerce clause under the Constitution. What the gentleman is asking us to do in the Congress is to undo what the court has ruled. I am not a lawyer. Thank God for that. We have got enough of those around here. But I am a little concerned that what we are doing here is really not fair to the persons that filed the suit to begin with. We are saying you cannot do it. You can go back to court. As we go back to court, well, you cannot use the truck. Under the interstate clause, that is against the Constitution, as the court has ruled. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, how much time remains on both sides? The CHAIRMAN pro tempore (Mr. Simpson). The gentleman from Alaska (Mr. Young) has 1\1/2\ minutes remaining. The gentleman from New Jersey (Mr. Holt) has 1\1/2\ minutes remaining. Mr. YOUNG of Alaska. Mr. Chairman, I yield 1 minute to the gentleman from Minnesota (Mr. Oberstar). Mr. OBERSTAR. Mr. Chairman, this language is not well-drafted, I must say to the gentleman. He has a very good purpose but very unclear and unsure language; and as I read the language approved under unanimous consent, it makes the authority even broader. It says trucks that are specifically allowed by Federal law to travel on the national network now can be disapproved by New Jersey. We cannot have one rule for local trucks and a different rule for through trucks. Mr. HOLT. Mr. Chairman, I yield myself the balance of the time, and I will address those points. The amendment simply allows the States to have the authority that the Department of Transportation determined 5 years ago that they had under that existing transportation law. We just want to make sure that in the legislation we are considering today we do not change that. If it is determined that that is in violation of the Constitution, certainly they will be the governing decision, but if it is not determined, we do not want anything in this law to preclude those States' rights. With that, I ask support for my amendment. Mr. Chairman, I yield back the balance of my time. Mr. YOUNG of Alaska. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore. The question is on the amendment, as modified, offered by the gentleman from New Jersey (Mr. Holt). The amendment, as modified, was rejected. The CHAIRMAN pro tempore. It is now in order to consider amendment No. 12 printed in House report 108-456. Amendment No. 12 Offered by Ms. Waters Ms. WATERS. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 12 offered by Ms. Waters: At the end of subtitle H of title I, add the following (and conform the table of contents of the bill accordingly): SEC. 1819. LIMITATION ON PROJECTS AT LOS ANGELES INTERNATIONAL AIRPORT. No funds may be provided for surface transportation projects that are planned or required to implement Alternative D of the Master Plan for Los Angeles International Airport or any other proposal to build a remote passenger check-in facility at Los Angeles International Airport. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentlewoman from California (Ms. Waters) and a Member opposed each will control 5 minutes. The Chair recognizes the gentlewoman from California (Ms. Waters). Ms. WATERS. Mr. Chairman, I yield to myself such time as I may consume. My amendment would prohibit the use of funds for surface transportation projects that are planned or required to implement Alternative D of the Master Plan for Los Angeles International Airport or any other proposal to build a remote passenger check-in facility at LAX. Mr. Chairman, this proposed project is mired in scandal and pay-to- play contracting schemes. The FBI and the DA are now investigating all of the alleged corruption. Los Angeles International Airport, which is located in my congressional district, is already the third largest airport in the United States, with a capacity to serve 78 million air passengers every year. Alternative D is the latest of several proposals to make LAX even bigger, not safer. Alternative D is a $9 billion scheme that would demolish homes, disrupt the communities of Manchester Square, Inglewood, Hawthorne, El Segundo and other communities near LAX in order to construct a remote passenger check-in facility at Manchester Square, which is several blocks away from the airport terminals. [[Page 6244]] There is a broad coalition that have already agreed that we need a regional response, that this area is landlocked, and it does not make good sense to try to expand LAX this way. The regional response to growth would be a good response. This is an ill-conceived project. The highly respected Rand Corporation evaluated this project, and they concluded that it does not make good sense, and in the event of a terrorist attack, passengers would be at great risk because they would all be concentrated in this so-called remote facility. Alternative D would be inconvenient for airport passengers and their families. Local families could no longer drive to the central terminals in order to drop off passengers. Instead, airport employees and passengers would have to go to this so-called remote passenger check-in facility and ride an automated people mover to the airport terminals carrying their carry-on baggage with them. This would be extremely inconvenient for most passengers, and it would present special hardships for the elderly, the handicapped, and families traveling with small children. Alternative D would displace thousands of Manchester Square residents. In order to construct this remote passenger check-in facility, the City of Los Angeles would have to acquire and demolish 38 houses, 179 apartment buildings and a 52-year-old elementary school, in addition to the 263 structures it has already acquired. It would also have to relocate about 6,200 people, some of whom have federally subsidized housing vouchers. I strongly oppose the forced relocation of any of these residents. Alternative D would increase traffic congestion in communities near LAX. The proposal would concentrate airport traffic on the east side of the airport near the proposed remote passenger check-in facility, causing a shift in airport traffic to the I-405 freeway near the Arbor Vitae/Manchester Avenue exits. This could cause a tremendous increase in traffic congestion which already has heavily congested this area. It also would increase traffic congestion in the surrounding communities as airport passengers and other drivers seek alternative routes to get to and from and around the airport. Mr. Chairman, these funds are intended for surface transportation projects that will benefit local communities and alleviate traffic congestion. If we permit the funding of any projects that enable the implementation of Alternative D, the results will be a tremendous inconvenience for passengers, huge increases in traffic congestion, and massive disruptions of local communities surrounding LAX. My amendment would ensure that no funds are provided for surface transportation projects that are planned or required to implement this destructive airport expansion project. I urge my colleagues to support this amendment. Mr. Chairman, I reserve the balance of my time. The CHAIRMAN pro tempore. Who claims the time in opposition to the amendment? Mr. YOUNG of Alaska. I rise in opposition to the amendment. The CHAIRMAN pro tempore. The gentleman from Alaska (Mr. Young) is recognized for 5 minutes. Mr. YOUNG of Alaska. Mr. Chairman, I yield such time as he may consume to the gentleman from Minnesota (Mr. Oberstar) who wishes to speak on the amendment. Mr. OBERSTAR. Mr. Chairman, I thank the Chair for yielding me the time, and I reluctantly oppose the amendment of the gentlewoman from California with whom I am in accord on most issues, and I think she makes a very good point about this remote security facility. I raised such concerns many years ago in Paris when Charles de Gaulle Airport said, for American check-in passengers, we are going to have a separate little place called the hutch. I went over to inspect it, and I said, my goodness, this is terrific, you collect all the Americans in one place so a terrorist can throw a bomb and kill them all at once. Of course, I said it in French; and they said, oh, we had not thought about that. They backed away and said, well, we will not make Americans do that. So the gentlewoman makes a good point, but it is the point that is part of a larger process and that is to stop the expansion of the Los Angeles Airport. The Metropolitan Planning Organization is the agency in an urbanized area with the responsibility to determine the needs for projects to be advanced to meet transportation needs for the area. We really should not be inserting ourselves into that debate, certainly not at this time; and, reluctantly, I oppose the gentlewoman's well- intentioned amendment and well-expressed amendment. Mr. YOUNG of Alaska. Mr. Chairman, I reserve my time. Ms. WATERS. Mr. Chairman, I yield myself the balance of my time. It is unfortunate that there seems to be some agreement between my friends on the opposite side of the aisle and my own caucus in opposing my project. It is very important to my district and all of the areas in the surrounding communities that has formed a coalition, and this is simply a request to say let us not use any of this money for any selfish projects. This has nothing to do with the building of the facility itself; and, unfortunately, since there has been an agreement, I know that it will be voted down, but I am not at all happy about it. {time} 1600 The CHAIRMAN pro tempore (Mr. Simpson). The gentlewoman's time has expired. Mr. YOUNG of Alaska. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore (Mr. Hastings of Washington). The question is on the amendment offered by the gentlewoman from California (Ms. Waters). The amendment was rejected. The CHAIRMAN pro tempore. It is now in order to consider amendment No. 13 printed in House Report 108-486. Amendment No. 13 Offered by Mr. LoBiondo Mr. LoBIONDO. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 13 offered by Mr. LoBiondo: At the end of the matter proposed to be added by section 2003(b)(6) of the bill, strike the closing quotation marks and the final period and insert the following: ``(J) Program for impoundment of vehicles.--A program to impound a vehicle operated by a person who is arrested for operating the vehicle while under the influence of alcohol.''. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from New Jersey (Mr. LoBiondo) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from New Jersey (Mr. LoBiondo). Mr. LoBIONDO. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, my amendment would make States eligible to receive section 410, Alcohol-Impaired Countermeasures grant funding to cover the cost of DWI vehicle impoundment programs. The motivation for my amendment is the result of a very tragic death of one of my constituents. U.S. Navy Ensign John Elliott, who had just received his commission from the naval flight school in Pensacola, Florida, was struck and killed by a drunk driver on July 22 of the year 2000. The accident instantly killed Ensign Elliott and seriously injured his passenger, Kristen Hoinwarter. Sadly, it was later discovered, and it was very sad, that the driver responsible for Ensign Elliott's death had been arrested for drunken driving earlier in the evening. He was released from custody, obviously while still being intoxicated, and returned to his car. Elliott was on his way home for his mother's birthday party when he crossed paths with the intoxicated driver. Nearly 3 years after that tragic accident, his parents, Bill and Muriel Elliott, continue the fight to save other families from the grief they have endured. Lobbying the New Jersey State [[Page 6245]] legislature, the Elliotts saw to fruition the drafting, passage, and ultimate enactment of John's Law. The law ensures that individuals who pick up an arrested driver sign a document accepting custody. Additionally, it gives State Police the authorization to impound the automobile of an arrested driver for up to 12 hours. My amendment will encourage States to establish DWI impoundment programs for making them eligible for an existing grant program, helping them to defray costs. My amendment does not, I repeat, does not require States to enact impoundment programs, nor does it stipulate the terms of their programs, nor does it penalize States for not enacting such programs. And since funds come from an existing grant program, it will not cost the Federal Government a single penny. We are making important strides to eliminate the senseless deaths caused by the lethal mix of alcohol and automobiles. Annual deaths from drinking and driving have decreased. However, much work remains to be done. Each death is a preventable one, and this amendment will go a long way to ensuring deaths like Elliott's are prevented, and families are saved from the pain that the Elliotts have experienced and other families have experienced across the Nation. Mr. Chairman, I urge all Members to support my amendment. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition, and I yield myself such time as I may consume. Mr. Chairman, I believe, with further discussion, we can find a way to come to a resolution. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Oregon (Mr. Blumenauer). Mr. BLUMENAUER. Mr. Chairman, I rise in support of the concept that is being advanced by my friend from New Jersey. One of the things that I had worked on prior to coming to Congress dealt with taking away the cars of repeat drunk drivers. I listened to the story of Ensign Elliott and, sadly, this is a pattern that is repeated time after time after time. People who commit carnage on our highways, repeat drunk drivers, too often there is a far too long history. If we had an effective program of impoundment or vehicle confiscation, I think we would make a dramatic statement towards the people who are serial abusers. It is something that I think makes clear that the license to drive is not a license to kill; that if we had a more aggressive program to disarm people who have shown that they are repeatedly dangerous drivers, we can find some common ground. Too often we have had people who are, for example, in the restaurant and beverage industry that are concerned about how low the blood alcohol level is going to fall. We have had concerns from our friends with the Mothers Against Drunk Driving who want to move forward. Well, this is one people can unite behind. I appreciate the gentleman bringing it forward. I hope that we can put something in this legislation before we are through that speaks to vehicle impoundment, that encourages States to have vehicle forfeiture, and that we can take a dramatic step towards eliminating the tiny fraction of people who are repeat drunk drivers who inflict such damage on the highways. Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may consume, and I thank the gentleman for his very cogent statement. Section 410 of existing law gives States eligibility to receive funds for alcohol-impaired driving countermeasures. It is a good program, a good provision. New Jersey is the first and only State to enact a law to impound a vehicle operated by a person who was arrested for drunk driving. Now, section 410 requires that States meet six of nine criteria to qualify for a grant. If the gentleman's amendment is accepted, it would expand that number to seven. If the gentleman from New Jersey, as I understand from previous discussion on this amendment, would agree that as we move further into conference, that the number of criteria necessary to qualify for a grant should be reduced to six, so we not expand the number and make it easier to evade, then I would concur in this amendment. Mr. LoBIONDO. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. I yield to the gentleman from New Jersey. Mr. LoBIONDO. Mr. Chairman, I thank the gentleman for yielding, and I would answer, absolutely yes, that is a commonsense approach, and I would agree to that. Mr. OBERSTAR. Mr. Chairman, reclaiming my time, I thank the gentleman. Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. I yield to the gentleman from Alaska. Mr. YOUNG of Alaska. Mr. Chairman, I simply wanted to compliment the gentleman and the gentleman from Oregon for their presentations. As I told the gentleman from New Jersey, I did support the concept of this amendment. I also agree with my ranking member that, as we go through it, we will do it the right way and do it correctly so we can actually solve a serious problem. His story is a very telling story. So with that, I guess we will have a voice vote; is that correct? Mr. OBERSTAR. Mr. Chairman, reclaiming my time, yes, we are; and I thank the chairman and the gentleman from New Jersey for a very thoughtful constructive matter that now has been resolved in, I think, a very positive way. Mr. Chairman, I reserve the balance of my time. Mr. LoBIONDO. Mr. Chairman, I yield myself such time as I may consume for a few closing remarks. I would just again like to thank the gentleman from Alaska (Mr. Young), the chairman of the committee. And to the ranking member, the gentleman from Minnesota (Mr. Oberstar), I thank you. I know we have had extensive discussions over this issue. I want to also thank the gentleman from Oregon (Mr. Blumenauer), who came to me when he first heard of my story, and he told me about situations that he had experienced and the work he had done on this. And I think he is absolutely correct, we have to find a common ground in these areas where we can avoid these senseless tragedies for families like that of Ensign Elliott. This is a commonsense measure that can move us forward. Mr. Chairman, I yield back the balance of my time. Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from New Jersey (Mr. LoBiondo). The amendment was agreed to. The CHAIRMAN pro tempore. It is now in order to consider amendment No. 14 printed in House Report 108-456. Amendment No. 14 Offered by Mr. Wu Mr. WU. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 14 offered by Mr. Wu: In the matter proposed to be inserted as section 5309(e) of title 49, United States Code, by section 3010(d) of the bill after ``or entered into a full funding grant agreement'' insert the following: or received an application for final design Modification to Amendment No. 14 Offered by Mr. Wu Mr. WU. Mr. Chairman, I ask unanimous consent that the amendment be modified in the form at the desk. The CHAIRMAN pro tempore. The Clerk will report the modification. The Clerk read as follows: Modification to amendment No. 14 offered by Mr. Wu: Insert the following in lieu of Amendment 14: In the matter proposed to be inserted as section 5309(e) of title 49, United States Code, by section 3010(d) of the bill insert the following: Subsection (d) does not apply to projects for which the Secretary has received an application for final design. The CHAIRMAN pro tempore. Is there objection to the modification offered by the gentleman from Oregon (Mr. Wu)? [[Page 6246]] There was no objection. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Oregon (Mr. Wu) and a Member opposed will each control 5 minutes. The Chair recognizes the gentleman from Oregon (Mr. Wu). Mr. WU. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, there are projects that have undergone all aspects of FTA New Starts review and have, in fact, received recommended ratings in the FTA 2005 New Starts Report, and they are simply awaiting approval to enter final design. These projects have been through financial review, environmental review, project management review, and have fulfilled all of the prerequisites for entering into final design. However, under our subject legislation, only projects with a full funding grant agreement or letter of intent before enactment of this bill are exempt from the provisions for major projects and small starts. This is a serious problem for smaller projects like a commuter rail project in my congressional district, which are in final design or in the process of having final design approved. I might add this also affects a rail project in the San Diego metropolitan area. These projects will essentially have to start all over again under the small starts program and, furthermore, such projects will have to await the promulgation of small starts rules before proceeding. This process will result in a year-long delay for projects that are near the end of an already lengthy Federal approval process. In the case of the commuter rail project in my congressional district, this long delay will seriously endanger State funding and agreed-to rail agreements. Mr. Chairman, my amendment will exempt projects for which the Secretary of Transportation has received an application for final design from the small starts provisions of the bill. This fair and balanced amendment will allow recommended new starts which have applied for final design to move forward on their original time line and avoid unnecessary delay. This is expressly limited to subsection (d), small start projects only. My amendment will only affect two recommended small start transit projects in the entire country, but it will save unnecessary administrative delay and also improve the commuting lives of millions of citizens in Oregon and in the San Diego metropolitan area. Mr. Chairman, I urge adoption of the amendment. Mr. Chairman, I reserve the balance of my time. Mr. YOUNG of Alaska. Mr. Chairman, I rise in opposition to the amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. OBERSTAR. Mr. Chairman, will the gentleman yield? Mr. YOUNG of Alaska. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding. The language of the amendment of the gentleman from Oregon as originally drawn was way beyond the scope of what he intended, and we greatly appreciate the cooperation of the majority giving the gentleman the opportunity to have unanimous consent to correct the language to reflect exactly what he wants to do, to limit this amendment to small starts, which it does; and I think that relieves the concerns on both sides of the aisle. Mr. YOUNG of Alaska. Mr. Chairman, reclaiming my time, we are going to support the amendment as intended. However, there is a slight, as I think the gentleman from Minnesota mentioned, drafting error, the section that applies to both the current new starts and the new small starts process. We will take the amendment at this time with the gentleman's understanding we want to correct the language in conference so that the exemption applies only to the new small starts process. Does the gentleman understand that? Mr. OBERSTAR. Mr. Chairman, will the gentleman yield? Mr. YOUNG of Alaska. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, I believe under the unanimous consent agreement, the gentleman has already made that correction in the language pending. Mr. YOUNG of Alaska. Reclaiming my time once again, Mr. Chairman, if he has done that, I apologize. I was talking to my staff and they did not advise me of that. If that has already been done, we do not have to worry about that. Mr. OBERSTAR. If the gentleman will continue to yield, I would just add that the principle remains. Mr. WU. Mr. Chairman, I yield myself such time as I may consume to assure the chairman and ranking member that as originally drafted it applied to both subsection (d) and (e), major starts and small starts. As redrafted in the modified language, this amendment applies only to subsection (d), the small starts provision. So I want to assure the chairman and ranking member that it does only apply to small starts, what would otherwise be small starts. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore. The question is on the amendment, as modified, offered by the gentleman from Oregon (Mr. Wu). The amendment, as modified, was agreed to. {time} 1615 The CHAIRMAN pro tempore (Mr. Hastings of Washington). It is now in order to consider amendment No. 15 printed in House Report 108-456. Amendment No. 15 Offered by Mr. LaTourette Mr. LaTOURETTE. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 15 offered by Mr. LaTourette: In section 3023(g) of the bill, redesignate paragraphs (1) through (4) as paragraphs (2) through (5), respectively, and insert before paragraph (2) (as so redesignated) the following: (1) In general.--Section 5323(j) is amended by striking paragraphs (1), (2), and (3) and inserting the following: ``(1) In general.--Funds made available to carry out this chapter may only be used if-- ``(A) in the case of a construction project-- ``(i) the steel or iron used shall be of United States origin; ``(ii) more than 60 percent of the cost of the components and subcomponents, in the aggregate, of all manufactured products shall be of United States origin; and ``(iii) labor costs related to on-site construction shall not be included in calculating the costs under clause (ii); ``(B) in the case of a system acquisition-- ``(i) more than 60 percent of the cost of the components and subcomponents, in the aggregate, of all manufactured products shall be of United States origin; and ``(ii) labor costs related to installation and testing shall not be included in calculating the costs under clause (i); ``(C) in the case of a manufactured product-- ``(i) more than 60 percent of the components and subcomponents shall be of United States origin; ``(ii) final assembly shall occur in the United States; and ``(iii) labor costs related to final assembly shall not be included in calculating the costs under clause (ii). ``(2) Regulations.--The Secretary shall issue regulations to carry out this section.''. In section 3023(g)(2) (as so redesignated), strike ``is amended'' and all that follows through ``following:'' and insert ``is amended by inserting after paragraph (2) the following:''. In section 3023(g)(3) (as so redesignated), strike ``5323(j)(6) (as so redesignated)'' and insert ``5323(j)(5)''. In section 3023(g)(4) (as so redesignated), redesignate the quoted paragraph (9) as paragraph (8). The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Ohio (Mr. LaTourette) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Ohio (Mr. LaTourette). Mr. LaTOURETTE. Mr. Chairman, I yield myself such time as I may consume. I am proud to offer this amendment with the gentlewoman from Michigan (Ms. Kilpatrick). I offered a similar amendment in committee, and the [[Page 6247]] chairman and the ranking member have been kind enough to work with us to incorporate as much as possible into the manager's amendment today. Mr. Chairman, as Members know, we have a manufacturing crisis in this country. We have lost an estimated 3 million manufacturing jobs. While many of us may hold different views on how that came about, I think we can all agree that the Federal Government should be part of the solution to the crisis. The problem here is that there is too much confusion currently as to what a manufactured good is. The gentleman from Washington (Mr. Baird) had a sense of Congress on the floor a little earlier that addressed this issue. Today, Buy America requires that a manufactured good must be made with components assembled in the United States. Subcomponents, however, do not have to be American made. This has caused a good deal of confusion. This amendment that the gentlewoman from Michigan and I are offering will correct the problem. The amendment is a modified version of H.R. 3682, the Protecting American Manufacturing Jobs Act, which was introduced by the gentlewoman from Michigan. We were able to work this out with input from the Federal Transit Administration so they can implement it. Under this amendment, we clarify that 60 percent of the components and subcomponents in a manufactured product must be American made. For construction projects and system acquisition, the amendment requires that 60 percent of the total cost of components and subcomponents in manufactured products must be American made. We also required that final assembly of any manufactured product must happen in the United States. By making these changes we will make sure that Federal dollars support American jobs. This is, in my opinion, a good amendment. It helps take care of our own manufacturing jobs in this country. I urge support. Mr. Chairman, I reserve the balance of my time. Mr. TOM DAVIS of Virginia. Mr. Chairman, I claim the time in opposition. The CHAIRMAN pro tempore. The gentleman from Virginia (Mr. Tom Davis) is recognized for 5 minutes. Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in opposition to the LaTourette amendment. First, let me say to my friend from Ohio, the domestic steel industry has no stronger advocate in the Congress than the gentleman from Ohio. He has been a leader in this area, but on this particular amendment I take issue with it and disagree. This amendment would require that more than 60 percent of the components and subcomponents of manufactured products used for construction projects be of United States origin. Of course, this means that, instead of going to the lowest bidder, the taxpayers getting their best bang for the buck, it could raise costs conceivably as much as 15 percent on a project with its components. That means that there is less money to build more roads with, to buy additional rail cars, to build intersections that are needed, and it means fewer people can become employed because we may be paying more money just to buy domestically. This would constitute a radical and in my judgment harmful expansion of the current law. There is already in my judgment a very wrongheaded 50 percent ceiling on non-U.S. components. I have serious concerns about raising it another 10 percent. I think we ought to be going in the other direction, and I think that this amendment makes bad policy even worse. We need to beware the law of unintended consequences. Domestic source restrictions such as this one may indeed be well intentioned, but they only serve to increase the cost of our critical transportation projects by reducing competition available for Federal contracts and raising the cost to the taxpayers. These restrictions are often self-defeating as they can well lead to reprisals from overseas trading partners. We often lose much more business than we gain. Restrictions such as those proposed here could possibly provide some immediate short-term benefits to some American companies, but in the long run, in my judgment, they hurt the overall economy. We cannot maintain our global leadership in manufacturing by artificially propping up industries that are not able to compete in the global marketplace. Mr. Chairman, we are here today touting the job creation potential of this reauthorization bill, so I have to ask this question: Have we considered the counterproductive, anticompetitive consequences of restrictionist amendments like this one? How many jobs could be created with the dollars firms will have to spend to comply with these government-unique restrictions? Our goal should be to ensure that we have access to open world markets so that we can get the best deal on the best goods available, regardless of their location. The American taxpayer deserves nothing less. This again allows us to spend more money from this transportation bill on transportation products, which means we can employ more people than these restrictions would otherwise give us. I cannot overstate the potential harm posed by such economic isolationist restrictions, harm to our critical transportation infrastructure, because by paying more we end up being able to do less; harm to our Nation's place in the global economy; and harm to our job creation agenda. We have to remember a couple of things. First of all, the details of the certification contained in this bill in my judgment means that if there is not availability of U.S. parts then we are going to need waivers. Waivers are going to have to be obtained. In these waivers, of course, it takes more time, which delays transportation projects. Secondly, it could have the unintended consequences of allowing by these waivers more foreign products in the U.S. than you may get otherwise in some instances. Thirdly, and most important, this can invite retaliation from foreign countries who, as we restrict the ability of their goods to get into markets, they retaliate against us. What does this mean? It could be retaliation against agricultural products, information technology, even other manufactured products. It is anticompetitive, and it is antijobs, in my opinion, as it is currently constructed. I rise in opposition. Mr. Chairman, I reserve the balance of my time. Modification to Amendment No. 15 Offered by Mr. LaTourette Mr. LaTOURETTE. Mr. Chairman, I ask unanimous consent to modify the amendment with the text which I have placed at the desk. The CHAIRMAN pro tempore. The Clerk will report the modification. The Clerk read as follows: Modification to amendment No. 15 offered by Mr. LaTourette: In the table contained in section 1702 of the bill, as amended-- (1) strike ``Conduct a project study to examine an interchange at State Route 165 and Bradbury Road, Merced County.'' in item 1544 and insert ``Conduct a Project Study Report for new Highway 99 interchange between State Route 165 and Bradbury Road, serving Turlock/Hilmar region''; and (2) strike ``$500,000.00'' in item 2844 (relating to construction of roads in Rockdale Veterans Memorial Park, Georgia) and insert ``$1,000,000.00''. In item 13 of the table contained in section 3038 of the bill, as amended (relating to Burlington County, New Jersey), strike ``Transit'' and insert ``transit''. At the end of such table after item 358, insert the following: [[Page 6248]] ---------------------------------------------------------------------------------------------------------------- Project FY 05 FY 06 FY 07 ---------------------------------------------------------------------------------------------------------------- 359. State of Wisconsin buses and bus facilities............. $9,600,000.00 $9,900,000.00 $10,500,000.00 ---------------------------------------------------------------------------------------------------------------- Mr. LaTOURETTE (during the reading). Mr. Chairman, I ask unanimous consent that the modification be considered as read and printed in the Record. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from Ohio? Mr. TOM DAVIS of Virginia. Mr. Chairman, reserving the right to object, could I just ask what the purpose of the modification is? Mr. LaTOURETTE. If the gentleman will yield, the committee, both minority and majority, have asked me to use this amendment as a vehicle to make technical corrections in the bill. Mr. TOM DAVIS of Virginia. This makes a bad amendment better. Mr. Chairman, I withdraw my reservation of objection. The CHAIRMAN pro tempore. Is there objection to the request of the gentleman from Ohio? There was no objection. The CHAIRMAN pro tempore. Without objection, the modification is agreed to. There was no objection. Mr. LaTOURETTE. Mr. Chairman, it is my pleasure to yield 2 minutes to the distinguished gentlewoman from Michigan (Ms. Kilpatrick), who, as I indicated in my other remarks, is the sponsor of the original legislation and the coauthor of this amendment. Ms. KILPATRICK. Mr. Chairman, let me thank the gentleman from Ohio for his leadership in continuing the provision to buy America. We are in a downturn in our country. Many manufacturing jobs have been lost. This Congress has always supported Buy America in earlier years and in times past. We hope they will come together today to support our amendment. It is important that we make sure, and a previous speaker said that we may not get the best price. We believe that American workers will have the best price, will have the best manufactured goods and that in this $275 billion bill, much of it should be spent with American manufacturers. I was just visited by a group of bus manufacturers in my office just last week. They were complaining about how much business they are losing and how many jobs they are losing. I think it is imperative that we adopt the LaTourette-Kilpatrick amendment. Buy America keeps Americans working, keeps families together and additionally offers revenues for cities across America. I would hope that we would support the LaTourette-Kilpatrick amendment. Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself the balance of my time. Let me just say on this amendment, this may expand the Buy America for steel, but it shrinks Buy America in other areas, other manufactured areas, perhaps agriculture, perhaps information technology, because of this kind of action that basically invites retaliation from foreign countries. America is only 5 percent of the world's consumers. If we want to succeed from a manufacturing standpoint and economically around the world, we need to expand those markets. This goes in the opposite way. We ought to be reducing the Buy America requirements, reducing the certification process that does nothing but invite waivers which delays transportation projects; and we ought to put our transportation dollars into getting as much road money, as much money to buy rail cars, to lay track and move America as we can. This raises the cost of doing that with this legislation. It is for that reason that I oppose this and urge opposition to this amendment. Mr. Chairman, I yield back the balance of my time. Mr. LaTOURETTE. Mr. Chairman, it is my pleasure to yield such time as he may consume to the gentleman from Minnesota (Mr. Oberstar), the distinguished ranking member of the committee. Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding time and thank the gentleman and the gentlewoman for bringing this amendment forward. In the 1980s, as the Chair of the Subcommittee on Investigations and Oversight, I held extensive hearings on the status of manufacturing in light rail, passenger vehicles and buses during which we demonstrated the loss of tens of thousands of jobs in America to underbid products coming in from overseas. We shipped overseas tens of thousands of jobs in the light rail, passenger rail and bus sector of our economy. Now it is coming back. Now we are recapturing those jobs. We now are putting in the next 6 years $51.5 billion into transit systems in America. We ought to have those jobs in America as well and reclaim the technology and the jobs that go with them for America. That is what this amendment will do. Mr. LaTOURETTE. Mr. Chairman, I yield myself the balance of my time. I want to make this observation. The Federal Government in the procurement process has no greater champion in this Congress than the gentleman from Virginia (Mr. Tom Davis), the chairman of the Committee on Government Reform. The hearings that he has conducted have literally saved the country and the taxpayers billions of dollars. This issue, however, while I appreciate every argument that he has made, it is time, not by being protectionist but it is time in the manufacturing sector that we take care of our own in the United States. It is not unreasonable to require that 60 percent, we are not asking for 100 percent, but 60 percent of these goods and projects be manufactured in the United States and there not be some shell game where they simply have to be assembled in the United States. You could have a machine with 150 parts and today's requirement is they could all be made overseas as long as we had a shop that assembled them here in this country. It is wrong, and I ask for support of the amendment. The CHAIRMAN pro tempore. The question is on the amendment, as modified, offered by the gentleman from Ohio (Mr. LaTourette). The amendment, as modified, was agreed to. The CHAIRMAN pro tempore. It is now in order to consider amendment No. 16 printed in House Report 108-456. Amendment No. 16 Offered by Mr. Crowley Mr. CROWLEY. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 16 offered by Mr. Crowley: At the end of title III, add the following (and conform the table of contents accordingly): SEC. 3045. AIRPORT BUS REPLACEMENT AND FLEET EXPANSION PILOT PROGRAMS. (a) Establishment.--The Secretary shall establish a pilot program for awarding grants on a competitive basis to eligible entities for facilitating the use of natural gas buses at public airports through airport bus replacement and fleet expansion programs under this section. (b) Requirements.--Not later than 3 months after the date of enactment of this Act, the Secretary shall establish and publish in the Federal Register grant requirements on eligibility for assistance, and on management, transfer, and ultimate disposition of buses, including certification requirements to ensure compliance with this section. (c) Solicitation.--Not later than 6 months after the date of enactment of this Act, the Secretary shall solicit proposals for grants under this section. (d) Eligible Recipients.--A grant shall be awarded under this section only to a public agency responsible for bus service at a public airport. (e) Types of Grants.-- (1) In general.--Grants under this section may be for the purposes described in paragraph (2), paragraph (3), or both. (2) Replacement bus grants.--A grant under this section may be used for the acquisition of replacement buses pursuant to subsection (f). (3) Fleet expansion bus grants.--A grant under this section may be used for the acquisition of not more than 10 buses to expand a fleet of airport buses at any single airport. [[Page 6249]] (f) Replacement Bus Grants.-- (1) Replacement.--For each bus acquired under a replacement bus grant, 1 older model year bus shall be retired from active service and crushed as provided in paragraph (2). (2) Bus acquisition.--Buses acquired under a replacement bus grant shall be acquired in the following order: (A) First, new buses will replace buses manufactured before model year 1977, and the older buses replaced shall be crushed. (B) If all buses manufactured before model year 1977 owned or operated by the grant recipient have been replaced, additional new buses will replace diesel-powered buses manufactured before model year 1991, which shall either-- (i) be crushed; or (ii) be exchanged by the grant recipient for buses manufactured before model year 1977 from another bus fleet, with that bus then being crushed. Exchanges made under subparagraph (B)(ii) shall be made without profit or other economic benefit to the grant recipient. (3) Priority of grant applications.--The Secretary shall give priority to awarding grants to applicants emphasizing the replacement of buses manufactured before model year 1977. (g) Conditions of Grant.--A grant provided under this section shall include the following conditions: (1) All buses acquired with funds provided under the grant shall be operated as part of the airport bus fleet for which the grant was made for a minimum of 5 years. (2) Funds provided under the grant may only be used-- (A) to pay the cost, except as provided in paragraph (3), of new natural gas airport buses, including State taxes and contract fees; and (B) to provide-- (i) up to 10 percent of the price of the natural gas buses acquired, for necessary natural gas infrastructure if the infrastructure will only be available to the grant recipient; and (ii) up to 15 percent of the price of the natural gas buses acquired, for necessary natural gas infrastructure if the infrastructure will be available to the grant recipient and to other bus fleets. (3) The grant recipient shall be required to provide-- (A) in the case of a replacement bus acquired as described in subsection (f)(2)(A) to replace a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; (B) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(ii) to replace a diesel-powered bus manufactured before model year 1991 for exchange for a bus manufactured before model year 1977, 10 percent of the total cost of the bus, but not more than $10,000; and (C) in the case of a replacement bus acquired as described in subsection (f)(2)(B)(i) to replace a diesel-powered bus manufactured before model year 1991, 25 percent of the total cost of the bus, but not more than $25,000. (h) Buses.--Funding under a grant made under this section may be used to acquire only new airport buses-- (1) with a gross vehicle weight of greater than 14,000 pounds; (2) that are powered by a heavy duty engine; (3) that emit not more than-- (A) for buses manufactured in model years 2001 and 2002, 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; and (B) for buses manufactured in model years 2003 through 2006, 1.8 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; and (4) that are powered substantially by electricity (including electricity supplied by a fuel cell), or by liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, or methanol or ethanol at no less than 85 percent by volume. (i) Deployment and Distribution.--The Secretary shall seek to the maximum extent practicable to achieve nationwide deployment of natural gas airport buses through the program under this section, and shall ensure a broad geographic distribution of grant awards, with a goal of no State receiving more than 10 percent of the grant funding made available under this section for a fiscal year. (j) Definitions.--In this section, the following definitions apply: (1) Airport bus.--The term ``airport bus'' means a bus operated by a public agency to provide transportation between the facilities of a public airport. (2) Eligible entities.--The term ``eligible entities'' means the owners and operators of the 25 public airports in the United States with the most passenger boardings in the prior calendar year. (3) Public airport.--The term ``public airport'' has the meaning such term has under section 47102 of title 49, United States Code. (k) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section-- (1) $40,000,000 for fiscal year 2004; (2) $50,000,000 for fiscal year 2005; (3) $60,000,000 for fiscal year 2006; (4) $70,000,000 for fiscal year 2007; and (5) $80,000,000 for each of fiscal years 2008 and 2009. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from New York (Mr. Crowley) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from New York (Mr. Crowley). Mr. CROWLEY. Mr. Chairman, I yield myself such time as I may consume. Let me state first my admiration for both the chair and the ranking member of the Committee on Transportation and Infrastructure for the work that they have put into creating this bill before us today. I do not pretend to know all the difficulties that they have been through in trying to craft this legislation, not being a member of the committee, but having done a good bit of extensive reading through the papers have come to understand that this has not been an easy process for them. I do extend to them my congratulations on coming this far. Mr. Chairman, I do have an amendment at the desk that I believe will enhance this bill and make it a better bill. So many of us who represent airports know the economic benefits airports bring to our communities, but we also, unfortunately, know the environmental damage that airports can cause the surrounding communities. While everyone thinks it is the airplanes themselves which bring elevated levels of pollution and ill health effects to surrounding communities, studies have shown that the more pressing concern is the emissions of shuttle buses, private cars and taxis, tarmac equipment and other vehicles which elevate local pollution levels, causing complaints and health concerns for many of our constituents. A study in 2002 showed the emission reduction performance of natural gas transit buses versus conventional diesel counterparts, that the natural gas buses had a 53 percent lower oxides of nitrogen, 85 percent lower total particulate matter, and 89 percent lower carbon monoxide emissions. In fact, right here in Washington, D.C., officials developed a plan in 2001 to convert much of the Washington Metropolitan Area Transit Authority bus fleet from diesel to clean natural gas. My amendment will create a pilot program that facilitates the use of natural gas buses at our Nation's top 25 busiest airports, New York's three airports, Chicago O'Hare, Los Angeles, Atlanta, Miami and others that handle millions of passengers, employees and visitors a day. My amendment would entail buses not only shuttling passengers connecting to terminals but also buses taking passengers from the airport to the public airport parking lots and employees to and from employee parking lots. This would be done by awarding grants on a competitive basis for the use of natural gas buses at public airports through airport bus replacement and fleet expansion programs. My amendment makes sure that the priority is given to those public airports running the oldest buses. We have to get these old polluting buses out of service and ensure we can start to reduce air pollution. As most of us know, natural gas buses are not something new. This amendment will help clean up the air around America's busiest airports by improving health and quality of life at the same time. {time} 1630 Mr. Chairman, my amendment is supported by the Natural Gas Vehicle Coalition, and I encourage all my colleagues to support this amendment. Mr. Chairman, I reserve the balance of my time. Mr. YOUNG of Alaska. Mr. Chairman, I rise in opposition to the amendment. The CHAIRMAN pro tempore (Mr. Hastings of Washington). The gentleman from Alaska (Mr. Young) is recognized for 5 minutes. Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may consume. Although it is well merited, the Federal Public Transportation program [[Page 6250]] does not provide programs for airport-based services. In addition, we understand that this amendment, according to our figures, adds $300 million to the cost of the bill, and that concerns me a great deal. And, lastly, may I suggest respectfully, as important as natural gas is, we have some real problems getting natural gas to the United States, and we had better start looking at that problem very quickly; and under the energy bill we can do that. We have not passed the energy bill, but it is crucially important for this Nation to have a new supply of natural gas. Mr. OBERSTAR. Mr. Chairman, will the gentleman yield? Mr. YOUNG of Alaska. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, I thank the chairman for yielding. I too support the spirit of the gentleman's amendment, but not the language and not the approach and certainly not the additional cost without offsets. I do want to point out that under FAA's Airport Improvement Program and with the use of passenger facility charges, airports can accomplish this purpose. In fact, provided that the vehicle is owned by the Airport Authority, operated solely on airport property, the funds from passenger facility charges can be used to purchase such vehicles. Where a vehicle is not AIP eligible, FAA would pay for the difference in cost between low emissions and a regular vehicle. We have addressed this matter already in the appropriate context in the FAA reauthorization bill. So there is a way of accomplishing it. Under Congestion Mitigation and Air Quality Improvement, funds are apportioned to the States to improve their air quality in nonattainment areas. The pilot program, unfortunately, does not address nonattainment areas within States. So just as we opposed taking FAA money off airports, we are in the position of taking CMAQ money and putting it into airports. So the purpose of the gentleman is at cross purposes with public policy already in place, and reluctantly we must oppose the amendment. But we will work with the gentleman and find a way that we can accomplish this purpose. Mr. YOUNG of Alaska. Mr. Chairman, I yield back the balance of my time. Mr. CROWLEY. Mr. Chairman, I yield myself such time as I may consume. I appreciate the comments of both gentlemen whom I respect very much on those issues. I would say that it is not an attempt on my part to take from Peter to pay Paul or vice versa. I was really trying to find a solution to the problem of congested airports and the pollution that they emit to surrounding communities. And I look forward to working with the gentleman from Minnesota (Mr. Oberstar), ranking member, in the future to further address this issue. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore. The question is on the amendment offered by the gentleman from New York (Mr. Crowley). The amendment was rejected. The CHAIRMAN pro tempore. It is now in order to consider amendment No. 17 printed in House Report No. 108-456. Amendment No. 17 Offered by Mr. Bachus Mr. BACHUS. Mr. Chairman, I offer an amendment. The Chairman pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 17 offered by Mr. Bachus: After section 4131, insert the following (and redesignate the subsequent section of subtitle A of title IV, and conform the table of contents, accordingly): SEC. 4132. HOURS OF SERVICE RULES FOR OPERATORS PROVIDING TRANSPORTATION TO MOVIE PRODUCTION SITES. Notwithstanding sections 31136 and 31502 of title 49, United States Code, and any other provision of law, the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the work reporting location of such operator shall be those in effect under the regulations in effect under such sections on April 27, 2003. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Alabama (Mr. Bachus) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Alabama (Mr. Bachus). Mr. BACHUS. Mr. Chairman, I yield myself 1 minute. Mr. Chairman, the U.S. motion picture and TV industry makes movies that are seen around the world. But, unfortunately, foreign countries are offering tax incentives to attract that production overseas, and I think most of us have seen movies lately that were set here, but filmed in Canada or Mexico. This amendment would help stop that, and it simply will allow the motion picture industry, the TV industry, to operate under the current Hours of Service regulations. Not only the motion picture industry and the TV industry which asked me to bring this amendment, but the Teamsters Union have endorsed this amendment. It will simply allow those drivers who drive out to the location for an hour or 2 hours, then have 9 hours of rest and then have 2 hours in the evening to continue those hours of service. They have an excellent and exemplary safety record. Mr. OBERSTAR. Mr. Chairman, I rise in opposition to the amendment. The CHAIRMAN pro tempore. The gentleman from Minnesota (Mr. Oberstar) is recognized for 5 minutes. Mr. OBERSTAR. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, I rise not only in opposition to this amendment, but to the many assaults upon the Federal Motor Carrier Safety Administration's hours of service rule announced just recently. But this one in particular, the FMCSA revised the hours of service pursuant to legislation that we enacted that moved out of our committee, through this body, through conference, signed into law. It has taken years for them to get this rulemaking after many hours of public discussion, debate, publishing in the Federal Register; and now people who are unhappy with the outcome are coming to the Congress to overturn a rulemaking. They have another procedure to do that. We should not by law go in and just be a congressional wrecking crew for safety. Major change in the rules was to lengthen the required rest time after a long day on duty from 8 hours to 10 hours. An 8-hour rest is not enough. They barely get time to get home from their job, maybe get a shower, have something to eat, go to bed, and then they are going to be on duty again. A 10-hour off-duty period allows a driver reasonable time to get home, be with family, have dinner or lunch or whatever his shift allows, and then get that 7 to 8 hours of sleep. I have heard this said many times, including the President of the Motion Picture Association say they start at seven o'clock and they may finish at eight or nine o'clock at night, and they are not doing anything all this time. I say those who only stand and wait also serve. Mr. Chairman, I reserve the balance of my time. Mr. BACHUS. Mr. Chairman, I yield 1 minute to the gentlewoman from California (Mrs. Tauscher). Mrs. TAUSCHER. Mr. Chairman, I thank the gentleman for yielding me this time. Mr. Chairman, I rise in strong support of the Bachus-Tauscher amendment to clarify the hours of service rule for drivers in the motion picture and television industry. This industry is vital to California and the Nation, and these new rules inadvertently impact their business model and encourage offshore production. The Teamsters strongly support this amendment because it will save jobs for their members who contribute so much to our economy. I have tremendous respect for the ranking member of the committee and chairman of the committee, but the facts are that the rulemaking is about long-haul drivers, drivers who are driving many consecutive, consistent hours. This is not the situation here. This industry and the Teamsters have [[Page 6251]] an unblemished record. They have a tremendous safety record. They are not driving for long hours. They are actually driving for less than 100 miles, waiting until the production is done, and then driving back. We are all for safety, but we also want to keep jobs in this country. This is vital to California. I urge my colleagues to support the Bachus-Tauscher amendment. Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time. Mr. BACHUS. Mr. Chairman, I yield 1 minute to the gentleman from North Carolina (Mr. Coble), who is one of 38 Committee on Transportation and Infrastructure members who have signed a letter in support of this amendment. Mr. COBLE. Mr. Chairman, I thank the gentleman for yielding me this time. Mr. Chairman, this is a good amendment. Outside of industry centers such as New York and California, North Carolina, my State, leads the country in attracting film and television production to our State. This hours of service amendment would allow the motion picture industry to operate under the old hours of service rules under which they have an excellent safety record, but this will also afford them to keep production costs down. It is imperative, Mr. Chairman, that my State and other States be able to compete for this business. Too much of it is lost to Canada and other countries. As my friend from Alabama just said and gentlewoman from California mentioned, it is a good amendment. The Teamsters support this amendment. I support this amendment. I urge my colleagues to do likewise. Mr. BACHUS. Mr. Chairman, I yield 1 minute to the gentleman from Florida (Mr. Foley) in support of this amendment. Mr. FOLEY. Mr. Chairman, I appreciate what the ranking member and the chairman are trying to do relative to truck safety, but this is a very unique issue. As chairman of the House Entertainment Task Force, we have been working consistently to try to keep jobs in America. We are talking about jobs not only about movie stars, but for the grips, the caterers, the production folks. This is a totally different issue. The truck arrives on the set of a production in the morning, having driven maybe 50, 75 miles, and remains on the set for the remainder of the day before it moves back to its location. This is not long-haul shipping. Mr. Chairman, we have had enough runaway productions leaving to Canada and other locales. This is one more impediment to keeping film production in the United States. It is a jobs opportunity provision. The gentleman from Alabama (Mr. Bachus), the gentlewoman from California (Ms. Tauscher), and the gentleman from North Carolina (Mr. Coble), I appreciate their sentiments on this. So, please, as we get ready to vote for this amendment, this is not contrary nor trying to be argumentative with our great chairman and ranking member on safety. We all join in the safety of our streets and highways. But we have to be very careful and make this unique distinction to protect jobs. Mr. BACHUS. Mr. Chairman, I yield myself 1 minute. Mr. Chairman, I would like to include in the Record a letter from the Teamsters in support of this amendment, and these are the very drivers that are driving these trucks. And as the gentleman from Florida said, these drivers drive and our amendment limits them to 100 miles. They drive out in the morning. They drive back at night, and that is their responsibility, and they do have 9 hours of rest. This does not include overnight. They go with the film crews. They go with the actresses. They go with the actors. They go with the camera people. And they are all out there from sunup to sundown. And the Teamsters, if the Members look at the letter that I am introducing, they will tell them that they are afraid they will either lose their job because they will continue to go out of country or they will turn these jobs into 2- or 3-hour part-time jobs and hire two crews. And instead of having a good-paying job, they will have no job. Studio Transportation Drivers, Teamsters Local Union No. 399, North Hollywood, CA, July 16, 2003. Re: support for exemption from new hours of service regulations. Hon. Ernest Istook, Jr., Chairman, Hon. John W. Olver, Ranking Member, House Appropriations Subcommittee on Transportation, Treasury, and Independent Agencies, Washington, DC. Gentlemen: I understand that your committee is considering amendments that would provide relief to certain industries from aspects of the new hours of service (``HOS'') regulations published by the Federal Motor Carrier Safety Administration. On behalf of the Studio Transportation Drivers of the International Brotherhood of Teamsters, Local 399, I wish to express our support for a proposal to permit commercial drivers to continue to comply with current HOS regulations concerning daily, on-duty time when operating to and from a motion picture or television production site located within a 100 air-mile radius of their work reporting location. Existing HOS duty time regulations are better suited to the unique schedules of studio transportation drivers than th new regulations that will take effect January 4, 2004. Drivers assigned to productions drive only a few hours each day; these are short haul assignments. These drivers have had an excellent safety record, and their schedules meet the current HOS limitation. To comply with the new regulations, the industry will not be able to use the same drivers for an entire production day. Thus, each driver will receive significantly less compensation than under the current system. Given our excellent safety record, and that new HOS regulations largely were designed to address the fatigue of long-haul drivers, application of new duty-time limits to our drivers will increase operating costs without a corresponding safety benefit. I hope that you will support retaining current hours of service regulations for studio transportation drivers. Sincerely, Leo T. Reed, Secretary-Treasurer/Principal Officer. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentleman from Illinois (Mr. Lipinski). Mr. LIPINSKI. Mr. Chairman, I thank the gentleman for yielding me this time. There are at least three other, and perhaps four other, industries in this country that have come to me asking for an exemption from this hours of service rule, and we have looked at it very closely, and we feel very strongly that these exemptions should not be granted. I am a long-time supporter of the Teamsters. I do not think there is an issue that has come before this House that I have not been on their side, but there are some times that we have to protect people from themselves. Consequently, I have to strongly oppose this amendment. Mr. OBERSTAR. Mr. Chairman, I yield myself 1 minute. I thank the gentleman for his statement. If I may have the attention of the gentleman from Alabama, he has twice referenced that drivers have 9 hours off during the day. If he would be willing to limit his amendment to those cases where they have 9 hours off during the day, I think we could accept that. Mr. BACHUS. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. I yield to the gentleman from Alabama. Mr. BACHUS. Mr. Chairman, as the gentleman knows, this amendment was first proposed last October and we have tried to work in committee. We tried to work on this issue. What we are talking about is we have restricted it to 200 miles: 100 miles in the morning, 100 miles at night. To me it is almost a joke to say that that would fatigue these drivers. The very drivers that are driving, they have been operating under these rules for years and years and years and have an exemplary safety record. {time} 1645 Mr. OBERSTAR. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, under the language provided for us here in this amendment, a driver could start work at 8 o'clock in the morning, work until midnight with 2 hours off during the day, and be expected back at work at 8 o'clock the following morning. I do not think it is [[Page 6252]] right to put drivers on the road with so little rest, so much fatigue and so great potential for fatalities. Now, the industry argues, well, we have not had any fatalities. But I have been involved in this fatigue issue in aviation, railroading, maritime and over-the-road truck driving for 25 years, and I know that the next fatality is just around the corner from the next weakening of safety regulations. It is inappropriate to make the change in the way in which it is proposed here. This is not the right venue, it is not the right approach, it will endanger worker safety, and we ought to oppose this amendment. Mr. BOOZMAN. Mr. Chairman, I rise in support of the Bachus amendment. I understand the effects that the new hours of service rule is having on the trucking industry and I also understand the unique operation of the motion picture drivers. There are a number of groups who are seeking a modification to the hours of service rule and its for a simple reason--one size doesn't fit all. The modifications sought by individual groups are understandable and I do support the motion picture industry's efforts. However, I also want to mention that I am also a strong supporter of taking a broader approach to assist all drivers, including short-haul operators in dealing with the new rule. Options such as providing another 16-hour day to the short-haul drivers and providing all drivers with a defined two-hour rest period are viable options. I plan to continue working on this issue because there are several matters that deserve consideration. Again, I support the Bereuter amendment and I thank the gentleman for yielding. The CHAIRMAN pro tempore (Mr. Hastings of Washington). All time has expired. The question is on the amendment offered by the gentleman from Alabama (Mr. Bachus). The question was taken; and the Chairman pro tempore announced that the ayes appeared to have it. Mr. OBERSTAR. Mr. Chairman, I demand a recorded vote, and pending that, I make the point of order that a quorum is not present. The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Alabama (Mr. Bachus) will be postponed. The point of no quorum is considered withdrawn. It is now in order to consider Amendment No. 18 printed in House Report number 108-456. Amendment No. 18 Offered by Mr. Bereuter Mr. BEREUTER. Mr. Chairman, I offer an amendment. The CHAIRMAN pro tempore. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 18 offered by Mr. Bereuter: At the end of title IV, add the following (and conform the table of contents accordingly): SEC. 4133. OPERATORS OF VEHICLES TRANSPORTING AGRICULTURAL COMMODITIES AND FARM SUPPLIES. (a) Agricultural Exemption.--Sec. 345(a)(1) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613) is amended to read as follows: ``(1) Transportation of agricultural commodities and farm supplies.--Regulations prescribed by the Secretary under sections 31136 and 31502 of title 49, United States Code, regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation is limited to an area within a 100 air mile radius from the source of the commodities or the distribution point for the farm supplies.''. (b) Definitions.--Section 345(e) of such Act of 1995 (109 Stat. 614) is amended by adding at the end the following: ``(7) Agricultural commodity.--The term `agricultural commodity' means products grown on and harvested from the land during the planting and harvesting seasons within each State, as determined by the State. ``(8) Farm supplies for agricultural purposes.--The term `farm supplies for agricultural purposes' means products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year.''. The CHAIRMAN pro tempore. Pursuant to House Resolution 593, the gentleman from Nebraska (Mr. Bereuter) and a Member opposed will be recognized for 5 minutes each. The Chair recognizes the gentleman from Nebraska (Mr. Bereuter). Modification to Amendment No. 18 Offered by Mr. Bereuter Mr. BEREUTER. Mr. Chairman, I ask unanimous consent that the amendment be modified in the form at the desk. The CHAIRMAN pro tempore. The Clerk will report the modification. The Clerk read as follows: Modification to Amendment No. 18 offered by Mr. Bereuter: On page 1, line 13, after the word ``apply'' insert the phrase ``during planting and harvest periods, as determined by each state''. The CHAIRMAN pro tempore. Is there objection to the modification offered by the gentleman from Nebraska? There was no objection. The CHAIRMAN pro tempore. The Chair recognizes the gentleman from Nebraska (Mr. Bereuter) for 5 minutes. Mr. BEREUTER. Mr. Chairman, I yield myself 3 minutes. Mr. Chairman, first, I want to thank the leadership of the committee for accepting the perfecting amendment. It does track the existing regulations. This amendment, based upon H.R. 871, which this Member offered last year, would assure that agriculture transporters would continue, that is the important part, would continue to be exempt from hours of service requirements when operating within a 100-mile radius of their point of origin during the very busy and at times short, weather- restrained planting and harvesting seasons of the year. This is a matter of great importance to the transporters of agriculture commodities and supplies as well as consumers. However, this amendment narrows the definition of commodities and farm supplies, and I think it is appropriate. The business of farming is driven largely by the weather and the significant demands of spring planting and fall harvest, and farmer's yields and the qualities of their crops depend, to a major extent, on timing. Planting, fertilizing, application of crop protection products and harvest all must be done at the right time, fitted in and around the ups and downs of weather. During the 1995 National Highway System Designation Act, this Member's initiative led to regulations creating the current exemption. This relief has been threatened by proposed changes to hours of service rules. The provisions to include this amendment are needed to safeguard the continuation of this necessary exemption and to provide a clearer definition and a more restricted definition of agriculture commodities and farm supplies. It is for this reason that I offer the amendment today. The legislation is supported by 40 cosponsors on a bipartisan basis. The chairman and the ranking member of the committee have received letters from about 35 organizations supporting the amendment. I ask for its approval. Mr. OBERSTAR. Mr. Chairman, will the gentleman yield? Mr. BEREUTER. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, I will not have to claim time in opposition. The unanimous consent request includes restoring the language ``during planting and harvest periods as determined by each State'' is restoration of current law and is not an expansion thereof. Mr. BEREUTER. Mr. Chairman, that is correct. Mr. OBERSTAR. With that understanding, we can accept the amendment on this side. Mr. BEREUTER. Mr. Chairman, reclaiming my time, I thank the gentleman very much. Mr. Chairman, I yield such time as he may consume to the cosponsor of the legislation, the distinguished gentleman from Texas (Mr. Stenholm). Mr. STENHOLM. Mr. Chairman, I thank my friend from Nebraska for yielding me time. I also thank the ranking member for his acceptance of this amendment and also the chairman of the committee. Mr. Chairman, this is a very important amendment for agriculture, the agriculture exemption for truck drivers. Without this exemption, drivers [[Page 6253]] employed by agriculture retailers and farmers during the busy planting and growing season would have to comply with the same stringent rules that apply to long-haul drivers. U.S. agriculture depends heavily on this limited relief. We have a great opportunity with this amendment to develop a uniform set of regulations that haulers of agriculture commodities will use. Mr. BEREUTER. Mr. Chairman, I yield such time as he may consume to the gentleman from Alaska (Mr. Young), the distinguished chairman of the committee. Mr. YOUNG of Alaska. Mr. Chairman, I thank the gentleman for yielding me time and especially thank the gentleman for his perseverance and the work he has done, as well as the ranking member for accepting the amendment to the amendment. Mr. Chairman, I think what I have said before is it is a way to have a little logic in this body. I do compliment the gentleman for bringing this amendment to the floor. Mr. BEREUTER. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I thank the gentleman for his support and appreciate the assistance of the staff on both sides of the aisle as we moved in this direction. Mr. BOOZMAN. Mr. Chairman, I rise in support of the Bereuter amendment. I understand the effects that the new hours of service rule is having on the trucking industry and I also understand the unique operation of the drivers of agriculture commodities. There are a number of groups who are seeking a modification to the hours of service rule and it's for a simple reason--one size doesn't fit all. The modifications sought by individual groups are understandable and I do support the agriculture modification. However, I also want to mention that I am also a strong supporter of taking a broader approach to assist all drivers, including short-haul operators, in dealing with the new rule. Options such as providing another 16-hour day to the short-haul drivers and providing all drivers with a defined 2-hour rest period are viable options. I plan to continue working on this issue because there are several matters that deserve consideration. Again, I support the Bereuter amendment and I thank the gentleman for yielding. Mr. Chairman, I yield back the balance of my time. The CHAIRMAN pro tempore. The question is on the amendment, as modified, offered by the gentleman from Nebraska (Mr. Bereuter). The amendment, as modified, was agreed to. Sequential Votes Postponed in Committee of the Whole The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, proceedings will now resume on those amendments on which further proceedings were postponed in the following order: Amendment No. 3 offered by Mr. Flake of Arizona, Amendment No. 4 offered by Ms. Jackson-Lee of Texas, Amendment No. 9 offered by Mr. Chocola of Indiana and Amendment No. 17 offered by Mr. Bachus of Alabama. The first electronic vote will be conducted as a 15-minute vote. The remaining electronic votes will be conducted as 5-minute votes. Amendment No. 3 Offered by Mr. Flake The CHAIRMAN pro tempore. The pending business is the demand for a recorded vote on Amendment No. 3 offered by the gentleman from Arizona (Mr. Flake) on which further proceedings were postponed and on which the noes prevailed by voice vote. The Clerk will redesignate the amendment. The Clerk redesignated the amendment. Recorded Vote The CHAIRMAN pro tempore. A recorded vote has been demanded. A recorded vote was ordered. The vote was taken by electronic device, and there were--ayes 60, noes 367, not voting 6, as follows: [Roll No. 106] AYES--60 Akin Barrett (SC) Bartlett (MD) Bass Bishop (UT) Boehner Bradley (NH) Brady (TX) Cantor Carter Chabot Collins Cox Davis (FL) Deal (GA) Everett Feeney Flake Franks (AZ) Garrett (NJ) Gingrey Gutknecht Harman Harris Hastings (WA) Hayworth Hensarling Hunter Isakson Kennedy (MN) King (IA) Kingston Kline Kolbe Linder Lofgren Majette Miller (FL) Musgrave Myrick Norwood Otter Paul Pence Putnam Ramstad Renzi Rohrabacher Royce Rush Sensenbrenner Shadegg Simpson Smith (MI) Stearns Sullivan Tancredo Thornberry Weldon (FL) Wilson (SC) NOES--367 Abercrombie Ackerman Aderholt Alexander Allen Andrews Baca Bachus Baird Baker Baldwin Ballance Ballenger Barton (TX) Beauprez Becerra Bell Bereuter Berkley Berman Berry Biggert Bilirakis Bishop (GA) Bishop (NY) Blackburn Blumenauer Blunt Boehlert Bonilla Bonner Bono Boozman Boswell Boucher Boyd Brady (PA) Brown (OH) Brown (SC) Brown, Corrine Brown-Waite, Ginny Burgess Burns Burr Burton (IN) Buyer Calvert Camp Cannon Capito Capps Capuano Cardin Cardoza Carson (IN) Carson (OK) Case Castle Chandler Chocola Clay Clyburn Coble Cole Conyers Cooper Costello Cramer Crane Crenshaw Crowley Cubin Culberson Cummings Cunningham Davis (AL) Davis (CA) Davis (IL) Davis (TN) Davis, Jo Ann Davis, Tom DeFazio DeGette Delahunt DeLauro DeLay Deutsch Diaz-Balart, L. Diaz-Balart, M. Dicks Dingell Doggett Dooley (CA) Doolittle Doyle Dreier Duncan Dunn Edwards Ehlers Emanuel Emerson Engel English Eshoo Etheridge Evans Farr Fattah Ferguson Filner Foley Forbes Ford Fossella Frank (MA) Frelinghuysen Frost Gallegly Gerlach Gibbons Gilchrest Gillmor Gonzalez Goode Goodlatte Gordon Goss Granger Graves Green (TX) Green (WI) Greenwood Grijalva Gutierrez Hall Hart Hastings (FL) Hayes Hefley Herger Hill Hinchey Hinojosa Hobson Hoeffel Hoekstra Holden Holt Honda Hooley (OR) Hostettler Houghton Hoyer Hyde Inslee Israel Issa Istook Jackson (IL) Jackson-Lee (TX) Jefferson Jenkins John Johnson (CT) Johnson (IL) Johnson, E. B. Johnson, Sam Jones (NC) Jones (OH) Kanjorski Kaptur Keller Kelly Kennedy (RI) Kildee Kilpatrick Kind King (NY) Kirk Kleczka Knollenberg Kucinich LaHood Lampson Langevin Lantos Larsen (WA) Larson (CT) Latham LaTourette Leach Lee Levin Lewis (CA) Lewis (GA) Lewis (KY) Lipinski LoBiondo Lowey Lucas (KY) Lucas (OK) Lynch Maloney Manzullo Markey Marshall Matheson Matsui McCarthy (MO) McCarthy (NY) McCollum McCotter McCrery McDermott McGovern McHugh McInnis McIntyre McKeon McNulty Meehan Meek (FL) Meeks (NY) Menendez Mica Michaud Millender-McDonald Miller (MI) Miller (NC) Miller, Gary Miller, George Mollohan Moore Moran (KS) Moran (VA) Murphy Murtha Nadler Napolitano Neal (MA) Nethercutt Neugebauer Ney Northup Nunes Nussle Oberstar Obey Olver Ortiz Osborne Ose Owens Oxley Pallone Pascrell Pastor Payne Pearce Pelosi Peterson (MN) Peterson (PA) Petri Pickering Pitts Platts Pombo Pomeroy Porter Portman Price (NC) Pryce (OH) Quinn Radanovich Rahall Rangel Regula Rehberg Reyes Reynolds Rodriguez Rogers (AL) Rogers (KY) Rogers (MI) Ros-Lehtinen Ross Rothman Roybal-Allard Ruppersberger Ryan (OH) Ryan (WI) Ryun (KS) Sabo Sanchez, Linda T. Sanchez, Loretta Sanders Sandlin Saxton Schakowsky Schiff Schrock Scott (GA) Scott (VA) Serrano Sessions Shaw Shays Sherman Sherwood Shimkus Shuster Simmons Skelton Slaughter Smith (NJ) Smith (TX) Smith (WA) Snyder Solis Souder Spratt Stark Stenholm Strickland Stupak Sweeney Tauscher Taylor (MS) Taylor (NC) Terry Thomas Thompson (CA) Thompson (MS) Tiahrt Tiberi Tierney Toomey Towns Turner (OH) Turner (TX) Udall (CO) Udall (NM) Upton Van Hollen Velazquez Visclosky Vitter Walden (OR) Walsh Wamp Waters Watson Watt Weiner Weldon (PA) Weller Wexler Whitfield Wicker Wilson (NM) Wolf Woolsey Wu Wynn Young (AK) Young (FL) [[Page 6254]] NOT VOTING--6 DeMint Gephardt Hulshof Tanner Tauzin Waxman Announcement by the Chairman Pro Tempore The CHAIRMAN pro tempore (Mr. Hastings of Washington) (during the vote). Members are advised there are 2 minutes remaining in this vote. {time} 1718 Messrs. STRICKLAND, HASTINGS of Florida, SPRATT, HOYER, ACKERMAN, and Ms. KILPATRICK, Ms. GINNY BROWN-WAITE of Florida, and Mrs. JO ANN DAVIS of Virginia changed their vote from ``aye'' to ``no.'' Messrs. SIMPSON, ROHRABACHER, HAYWORTH, COLLINS, and EVERETT changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. {time} 1720 Announcement By the Chairman Pro Tempore The CHAIRMAN pro tempore (Mr. Hastings of Washington). Pursuant to clause 6 of rule XVIII, the remaining votes of this series will be conducted as 5-minute votes. Amendment No. 4 Offered by Ms. Jackson-Lee of Texas The CHAIRMAN pro tempore. The pending business is the demand for a recorded vote on the amendment offered by the gentlewoman from Texas (Ms. Jackson-Lee) on which further proceedings were postponed and on which the noes prevailed by voice vote. The Clerk will redesignate the amendment. The Clerk redesignated the amendment. Recorded Vote The CHAIRMAN pro tempore. A recorded vote has been demanded. A recorded vote was ordered. The CHAIRMAN pro tempore. This will be a 5-minute vote. The vote was taken by electronic device, and there were--ayes 50, noes 376, not voting 7, as follows: [Roll No. 107] AYES--50 Ballance Bell Bonilla Brady (TX) Burgess Carson (IN) Carter Conyers Culberson Cummings Davis (AL) Davis, Tom DeLay Doggett Flake Foley Fossella Frost Gonzalez Granger Green (TX) Hall Hastings (FL) Hensarling Hinojosa Jackson (IL) Jackson-Lee (TX) Johnson, E. B. Johnson, Sam Lampson Neugebauer Otter Paul Pence Pitts Sandlin Scott (VA) Sessions Shadegg Stearns Stenholm Thornberry Toomey Turner (TX) Udall (CO) Vitter Walden (OR) Watson Weldon (FL) Wynn NOES--376 Abercrombie Ackerman Aderholt Akin Alexander Allen Andrews Baca Bachus Baird Baker Baldwin Ballenger Barrett (SC) Bartlett (MD) Barton (TX) Bass Beauprez Becerra Bereuter Berkley Berman Berry Biggert Bilirakis Bishop (GA) Bishop (NY) Bishop (UT) Blackburn Blumenauer Blunt Boehlert Boehner Bonner Bono Boozman Boswell Boucher Boyd Bradley (NH) Brady (PA) Brown (OH) Brown (SC) Brown, Corrine Brown-Waite, Ginny Burns Burr Burton (IN) Buyer Calvert Camp Cannon Cantor Capito Capps Capuano Cardin Cardoza Carson (OK) Case Castle Chabot Chandler Chocola Clay Clyburn Coble Cole Collins Cooper Costello Cox Cramer Crane Crenshaw Crowley Cubin Cunningham Davis (CA) Davis (FL) Davis (IL) Davis (TN) Davis, Jo Ann Deal (GA) DeFazio DeGette Delahunt DeLauro Deutsch Diaz-Balart, L. Diaz-Balart, M. Dicks Dingell Dooley (CA) Doolittle Doyle Dreier Duncan Dunn Edwards Ehlers Emanuel Emerson Engel English Eshoo Etheridge Evans Everett Farr Fattah Feeney Ferguson Filner Forbes Ford Frank (MA) Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Gibbons Gilchrest Gillmor Gingrey Goode Goodlatte Gordon Goss Graves Green (WI) Greenwood Grijalva Gutierrez Gutknecht Harman Harris Hart Hastings (WA) Hayes Hayworth Hefley Herger Hill Hinchey Hobson Hoeffel Hoekstra Holden Holt Honda Hooley (OR) Hostettler Houghton Hoyer Hunter Hyde Inslee Isakson Israel Issa Istook Jefferson Jenkins John Johnson (CT) Johnson (IL) Jones (NC) Jones (OH) Kanjorski Kaptur Keller Kelly Kennedy (MN) Kennedy (RI) Kildee Kilpatrick Kind King (IA) King (NY) Kingston Kirk Kleczka Kline Knollenberg Kolbe Kucinich LaHood Langevin Lantos Larsen (WA) Larson (CT) Latham LaTourette Leach Lee Levin Lewis (CA) Lewis (GA) Linder Lipinski LoBiondo Lofgren Lowey Lucas (KY) Lucas (OK) Lynch Majette Maloney Manzullo Markey Marshall Matheson Matsui McCarthy (MO) McCarthy (NY) McCollum McCotter McCrery McDermott McGovern McHugh McInnis McIntyre McKeon McNulty Meehan Meek (FL) Meeks (NY) Menendez Mica Michaud Millender-McDonald Miller (FL) Miller (MI) Miller (NC) Miller, Gary Miller, George Mollohan Moore Moran (KS) Moran (VA) Murphy Murtha Musgrave Myrick Nadler Napolitano Neal (MA) Nethercutt Ney Northup Norwood Nunes Nussle Oberstar Obey Olver Ortiz Osborne Ose Owens Oxley Pallone Pascrell Pastor Payne Pearce Pelosi Peterson (MN) Peterson (PA) Petri Pickering Platts Pombo Pomeroy Porter Portman Price (NC) Pryce (OH) Putnam Quinn Radanovich Rahall Ramstad Rangel Regula Rehberg Renzi Reyes Reynolds Rodriguez Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Ross Rothman Roybal-Allard Royce Ruppersberger Rush Ryan (OH) Ryan (WI) Ryun (KS) Sabo Sanchez, Linda T. Sanchez, Loretta Sanders Saxton Schakowsky Schiff Schrock Scott (GA) Sensenbrenner Serrano Shaw Shays Sherman Sherwood Shimkus Shuster Simmons Simpson Skelton Slaughter Smith (MI) Smith (NJ) Smith (TX) Smith (WA) Snyder Solis Souder Spratt Stark Strickland Stupak Sullivan Sweeney Tancredo Tauscher Taylor (MS) Taylor (NC) Terry Thomas Thompson (CA) Thompson (MS) Tiahrt Tiberi Tierney Towns Turner (OH) Udall (NM) Upton Van Hollen Velazquez Visclosky Walsh Wamp Waters Watt Weiner Weldon (PA) Weller Wexler Whitfield Wicker Wilson (NM) Wilson (SC) Wolf Woolsey Wu Young (AK) Young (FL) NOT VOTING--7 DeMint Gephardt Hulshof Lewis (KY) Tanner Tauzin Waxman Announcement by the Chairman Pro Tempore The CHAIRMAN pro tempore (during the vote). Members are advised there are 2 minutes remaining in this vote. {time} 1726 Ms. MAJETTE changed her vote from ``aye'' to ``no.'' Messrs. DOGGETT, SHADEGG, OTTER, and FROST changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. Amendment No. 9 Offered by Mr. Chocola The CHAIRMAN pro tempore. The pending business is the demand for a recorded vote on the amendment offered by the gentleman from Indiana (Mr. Chocola) on which further proceedings were postponed and on which the noes prevailed by voice vote. The Clerk will redesignate the amendment. The Clerk redesignated the amendment. Recorded Vote The CHAIRMAN pro tempore. A recorded vote has been demanded. A recorded vote was ordered. The CHAIRMAN pro tempore. This will be a 5-minute vote. The vote was taken by electronic device, and there were--ayes 198, noes 228, not voting 7, as follows: [Roll No. 108] AYES--198 Aderholt Akin Bachus Baird Barrett (SC) Bartlett (MD) Barton (TX) Bass Beauprez Bereuter Biggert Bishop (UT) Blunt Boehlert Boehner Bonilla Bonner Bono Boyd Bradley (NH) Brady (TX) Brown (SC) Brown-Waite, Ginny Burns Burr Burton (IN) Buyer Calvert Cannon Cantor Capito Cardoza Carson (IN) Carter Chabot [[Page 6255]] Chocola Coble Cole Collins Cox Cramer Crane Crenshaw Culberson Cunningham Davis, Jo Ann Deal (GA) DeLay Diaz-Balart, L. Diaz-Balart, M. Doolittle Dreier Dunn Ehlers Feeney Ferguson Flake Forbes Fossella Franks (AZ) Gallegly Garrett (NJ) Gerlach Gibbons Gilchrest Gingrey Goode Goodlatte Gordon Goss Granger Graves Green (WI) Greenwood Gutknecht Hall Harris Hart Hastings (WA) Hayes Hayworth Hefley Hensarling Herger Hill Hobson Hoekstra Hostettler Hunter Isakson Issa John Johnson (CT) Jones (NC) Keller Kelly Kennedy (MN) King (IA) King (NY) Kingston Kirk Kline Knollenberg Kolbe LaHood Latham LaTourette Leach Lewis (CA) Lewis (KY) Linder LoBiondo Lucas (OK) Majette Manzullo Marshall McCotter McCrery McHugh McInnis Mica Miller (FL) Miller (MI) Miller, Gary Moran (KS) Musgrave Myrick Nethercutt Neugebauer Ney Northup Norwood Nunes Nussle Ose Otter Oxley Paul Pearce Pence Peterson (PA) Pickering Pitts Pombo Porter Portman Pryce (OH) Putnam Quinn Ramstad Rangel Regula Rehberg Renzi Reynolds Rogers (AL) Rogers (KY) Rohrabacher Ros-Lehtinen Royce Ryan (WI) Ryun (KS) Saxton Sensenbrenner Sessions Shadegg Shaw Shimkus Shuster Smith (MI) Smith (NJ) Smith (TX) Smith (WA) Souder Spratt Stearns Stenholm Sullivan Sweeney Tancredo Terry Thornberry Tiahrt Tiberi Toomey Turner (OH) Turner (TX) Upton Visclosky Vitter Walden (OR) Walsh Weldon (PA) Weller Whitfield Wicker Wilson (NM) Wilson (SC) NOES--228 Abercrombie Ackerman Alexander Allen Andrews Baca Baker Baldwin Ballance Ballenger Becerra Bell Berkley Berman Berry Bilirakis Bishop (GA) Bishop (NY) Blackburn Blumenauer Boozman Boswell Boucher Brady (PA) Brown (OH) Brown, Corrine Burgess Camp Capps Capuano Cardin Carson (OK) Case Castle Chandler Clay Clyburn Conyers Cooper Costello Crowley Cubin Cummings Davis (AL) Davis (CA) Davis (FL) Davis (IL) Davis (TN) Davis, Tom DeFazio DeGette Delahunt DeLauro Deutsch Dicks Dingell Doggett Dooley (CA) Doyle Duncan Edwards Emanuel Emerson Engel English Eshoo Etheridge Evans Everett Farr Fattah Filner Foley Ford Frank (MA) Frelinghuysen Frost Gillmor Gonzalez Green (TX) Grijalva Gutierrez Harman Hastings (FL) Hinchey Hinojosa Hoeffel Holden Holt Honda Hooley (OR) Houghton Hoyer Hyde Inslee Israel Istook Jackson (IL) Jackson-Lee (TX) Jefferson Jenkins Johnson (IL) Johnson, E. B. Johnson, Sam Jones (OH) Kanjorski Kaptur Kennedy (RI) Kildee Kilpatrick Kind Kleczka Kucinich Lampson Langevin Lantos Larsen (WA) Larson (CT) Lee Levin Lewis (GA) Lipinski Lofgren Lowey Lucas (KY) Lynch Maloney Markey Matheson Matsui McCarthy (MO) McCarthy (NY) McCollum McDermott McGovern McIntyre McKeon McNulty Meehan Meek (FL) Meeks (NY) Menendez Michaud Millender-McDonald Miller (NC) Miller, George Mollohan Moore Moran (VA) Murphy Murtha Nadler Napolitano Neal (MA) Oberstar Obey Olver Ortiz Osborne Owens Pallone Pascrell Pastor Payne Pelosi Peterson (MN) Petri Platts Pomeroy Price (NC) Radanovich Rahall Reyes Rodriguez Rogers (MI) Ross Rothman Roybal-Allard Ruppersberger Rush Ryan (OH) Sabo Sanchez, Linda T. Sanchez, Loretta Sanders Sandlin Schakowsky Schiff Schrock Scott (GA) Scott (VA) Serrano Shays Sherman Sherwood Simmons Simpson Skelton Slaughter Snyder Solis Stark Strickland Stupak Tauscher Taylor (MS) Taylor (NC) Thomas Thompson (CA) Thompson (MS) Tierney Towns Udall (CO) Udall (NM) Van Hollen Velazquez Wamp Waters Watson Watt Weiner Weldon (FL) Wexler Wolf Woolsey Wu Wynn Young (FL) NOT VOTING--7 DeMint Gephardt Hulshof Tanner Tauzin Waxman Young (AK) Announcement by the Chairman Pro Tempore The CHAIRMAN pro tempore (during the vote). Members are advised there are 2 minutes remaining in this vote. {time} 1736 Ms. DeGETTE changed her vote from ``aye'' to ``no.'' Messrs. SMITH of Texas, OTTER, McINNIS and FORBES changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. Amendment No. 17 Offered by Mr. Bachus The CHAIRMAN pro tempore (Mr. Hastings of Washington). The pending business is the demand for a recorded vote on the amendment offered by the gentleman from Alabama (Mr. Bachus) on which further proceedings were postponed and on which the ayes prevailed by voice vote. The Clerk will redesignate the amendment. The Clerk redesignated the amendment. Recorded Vote The CHAIRMAN pro tempore. A recorded vote has been demanded. A recorded vote was ordered. The CHAIRMAN pro tempore. This will be a 5-minute vote. The vote was taken by electronic device, and there were--ayes 365, noes 62, not voting 6, as follows: [Roll No. 109] AYES--365 Abercrombie Ackerman Aderholt Akin Allen Baca Bachus Baird Baker Baldwin Ballance Ballenger Barrett (SC) Bartlett (MD) Barton (TX) Bass Beauprez Becerra Bell Bereuter Berkley Berman Biggert Bilirakis Bishop (GA) Bishop (NY) Bishop (UT) Blackburn Blumenauer Blunt Boehlert Boehner Bonner Bono Boozman Boswell Boucher Boyd Bradley (NH) Brady (PA) Brady (TX) Brown (OH) Brown (SC) Brown, Corrine Brown-Waite, Ginny Burgess Burns Burr Burton (IN) Buyer Calvert Camp Cannon Cantor Capito Capps Cardin Cardoza Carson (IN) Carson (OK) Castle Chabot Chandler Chocola Clay Clyburn Coble Cole Cooper Cox Cramer Crane Crenshaw Cubin Culberson Cummings Cunningham Davis (AL) Davis (CA) Davis (FL) Davis (IL) Davis (TN) Davis, Tom Deal (GA) DeGette DeLauro DeLay Deutsch Diaz-Balart, L. Diaz-Balart, M. Doggett Dooley (CA) Doolittle Doyle Dreier Duncan Dunn Edwards Ehlers Emanuel Emerson Engel English Eshoo Etheridge Evans Everett Farr Fattah Feeney Ferguson Flake Foley Forbes Ford Fossella Franks (AZ) Frelinghuysen Frost Gallegly Garrett (NJ) Gerlach Gibbons Gilchrest Gillmor Gingrey Goode Goodlatte Gordon Goss Granger Graves Green (TX) Green (WI) Greenwood Grijalva Gutknecht Hall Harman Harris Hart Hastings (WA) Hayes Hayworth Hefley Hensarling Herger Hill Hinchey Hinojosa Hobson Hoeffel Hoekstra Holden Honda Hooley (OR) Houghton Hoyer Hunter Hyde Isakson Israel Issa Istook Jackson-Lee (TX) Jefferson Jenkins John Johnson (CT) Johnson (IL) Johnson, E. B. Jones (NC) Jones (OH) Kanjorski Kaptur Keller Kelly Kennedy (MN) Kind King (IA) King (NY) Kingston Kirk Kline Knollenberg Kolbe LaHood Lampson Lantos Larsen (WA) Larson (CT) Latham LaTourette Leach Lee Lewis (CA) Lewis (GA) Lewis (KY) Linder LoBiondo Lofgren Lowey Lucas (KY) Lucas (OK) Lynch Majette Maloney Manzullo Marshall Matheson Matsui McCarthy (MO) McCarthy (NY) McCotter McCrery McDermott McGovern McHugh McInnis McIntyre McKeon McNulty Meehan Meek (FL) Meeks (NY) Menendez Mica Michaud Millender-McDonald Miller (FL) Miller (MI) Miller (NC) Miller, Gary Miller, George Moore Moran (KS) Moran (VA) Murphy Murtha Musgrave Myrick Nadler Napolitano Neal (MA) Nethercutt Neugebauer Ney Northup Norwood Nunes Nussle Olver Osborne Ose Otter Oxley Pascrell Pastor Paul Payne Pearce Pelosi Pence Peterson (MN) Peterson (PA) Pickering Pitts Platts Pombo Pomeroy Porter Portman Price (NC) Pryce (OH) Putnam Quinn [[Page 6256]] Ramstad Rangel Regula Rehberg Renzi Reyes Reynolds Rodriguez Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Ross Rothman Roybal-Allard Royce Ruppersberger Rush Ryan (WI) Ryun (KS) Sanchez, Linda T. Sanchez, Loretta Sanders Sandlin Saxton Schakowsky Schiff Schrock Scott (GA) Sensenbrenner Serrano Sessions Shadegg Shaw Shays Sherman Shimkus Shuster Simmons Simpson Slaughter Smith (MI) Smith (NJ) Smith (TX) Smith (WA) Solis Souder Spratt Stenholm Strickland Sullivan Sweeney Tancredo Tauscher Taylor (MS) Taylor (NC) Terry Thomas Thompson (CA) Thompson (MS) Tiahrt Tiberi Toomey Towns Turner (OH) Turner (TX) Udall (CO) Udall (NM) Upton Van Hollen Velazquez Vitter Walden (OR) Wamp Waters Watson Watt Weiner Weldon (PA) Weller Wexler Whitfield Wicker Wilson (NM) Wilson (SC) Woolsey Wynn Young (FL) NOES--62 Alexander Andrews Berry Bonilla Capuano Carter Case Collins Conyers Costello Crowley Davis, Jo Ann DeFazio Delahunt Dicks Dingell Filner Frank (MA) Gonzalez Gutierrez Hastings (FL) Holt Hostettler Inslee Jackson (IL) Johnson, Sam Kennedy (RI) Kildee Kilpatrick Kleczka Kucinich Langevin Levin Lipinski Markey McCollum Mollohan Oberstar Obey Ortiz Owens Pallone Petri Radanovich Rahall Ryan (OH) Sabo Scott (VA) Sherwood Skelton Snyder Stark Stearns Stupak Thornberry Tierney Visclosky Walsh Weldon (FL) Wolf Wu Young (AK) NOT VOTING--6 DeMint Gephardt Hulshof Tanner Tauzin Waxman Announcement by the Chairman Pro Tempore The CHAIRMAN pro tempore (during the vote). Members are advised there are 2 minutes remaining in this vote. {time} 1744 Mr. RANGEL and Mr. RUSH changed their vote from ``no'' to ``aye.'' So the amendment was agreed to. The result of the vote was announced as above recorded. Mr. YOUNG of Alaska. Mr. Chairman, I move that the Committee do now rise. The motion was agreed to. Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Hastings of Washington) having assumed the chair, Mr. Simpson, Chairman pro tempore of the Committee of the Whole House on the State of the Union, reported that that Committee, having had under consideration the bill (H.R. 3550) to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes, had come to no resolution thereon. ____________________